Sundance Ltd Computers – Terms & Conditions
Last updated: Dec 31st, 2023
1. Scope of Terms
These Terms and Conditions (“Terms”) govern all interactions and transactions with Sundance Ltd (“us”, “we”, or “our”), including but not limited to the use of our website SundanceComputers.nz (“the Service”), purchases of products, and services rendered by us or our subcontractors.
2. Acceptance of Terms and Requesting Exemptions
By interacting with Sundance Ltd Computers in any manner, you agree to be bound by these Terms. We understand that certain situations may require flexibility. If you find a specific section or sentence in these Terms that you believe is not applicable or poses a concern for your particular circumstances, we encourage you to immediately cease using our services and contact us for a possible exemption. Exemption requests can be submitted through the ‘Contact Us’ page on our website. Each request will be considered on a case-by-case basis, and we will endeavor to work with you to find a mutually agreeable solution.
3. Purchase and Payment Terms
- Invoice and Payment Due: Payment for products or services provided by Sundance Ltd Computers is due upon receipt of the invoice.
- Late Payment Fees: Accounts not settled by the 20th of the month following the invoice date, or within 7 days of any prearranged payment schedule, will incur a late fee of 10% of the outstanding balance. For accounts that remain unpaid beyond these time frames, an additional 10% late fee will be compounded on the remaining balance for each subsequent month or agreed payment period until the account is fully settled.
- Retention of Title (Romalpa Clause): Ownership of goods shall remain with Sundance Ltd Computers until full payment for the goods has been received. This retention of title applies to all goods supplied, notwithstanding their incorporation into other products or their alteration by any process.
- Restrictions on Goods: Goods supplied by Sundance Ltd Computers must not be on-sold or transferred to a third party until full payment is made.
- Use of Equipment: Equipment supplied must be used in accordance with the manufacturer’s intended purpose and guidelines. The equipment should not incur damage beyond normal wear and tear until full payment has been made. Any misuse or damage beyond normal wear and tear may result in additional charges or legal action.
4. Equipment Recovery in Cases of Extended Non-Payment
Overdue accounts (60 days) may be subject to collections and legal action. We reserve the right to investigate suspected wrongdoing. Confirmed misconduct in court may result in claims for damages and court costs. In the unfortunate event that an account involving equipment remains unpaid for over 90 days, you agree to cooperate in the recovery of the equipment. This may include allowing the use of law enforcement, where appropriate with consideration to current legal standards, to accompany our representative to your business or personal residence for the purpose of identifying and recovering the said equipment. Furthermore, you agree to bear any reasonable costs incurred for such law enforcement services. We sincerely hope that this clause never needs to be enacted. We value our relationships with our customers and understand the mutual importance of trust and cooperation. Please understand that pursuing recovery through law enforcement is a last resort for us. The additional time, effort, and expense involved significantly outweigh any potential profit from the sale. Our preference is always to resolve payment issues amicably and without such measures, and we kindly request your cooperation to ensure that such a situation does not arise.
5. Dispute Resolution Process
For detailed information on our dispute resolution process, including steps like mediation, arbitration, and referrals to the Disputes Tribunal, please refer to our Dispute Resolution Process page. This comprehensive guide outlines our approach to resolving disputes in a fair and efficient manner.
6. Intellectual Property The content, features, functionality, and business practices of the Sundance Ltd. Service, including but not limited to our website’s text, graphics, logos, images, as well as our unique business procedures and management structure, are the exclusive property of Sundance Ltd., protected by copyright, trademark, and other intellectual property laws. All rights reserved.
7. Third-Party Links Our Service may contain links to third-party websites or services that are not owned or controlled by Sundance Ltd. These links are provided for your convenience and information.
8. Limitation of Liability and On-Site Services At Sundance Ltd., while we strive to provide the highest quality in all our services and products, there are certain limitations to our liability:
- General Services and Website Use: We are not liable for any damages or loss of income incurred through the use of any of our services, including the use of our website.
- Equipment Sales: Our liability for any equipment sold is limited to the cost of the equipment itself.
- On-Site Services: We are not liable for damages incurred during on-site services performed by us or our subcontractors.
- Client Insurance: Clients are recommended to maintain their own insurance policies.
9. Disclaimer At Sundance Ltd., we understand the importance of reliability and quality in the products we offer. While our Service is provided without warranties of any kind, either express or implied, it is important to note that some of the products available through our Service may come with manufacturer warranties. These warranties are separate from, and in addition to, any statutory rights under consumer and business law in New Zealand.
10. Governing Law
These Terms, and any disputes arising out of or related to our Service or products, are governed by the laws of New Zealand. In addition to these Terms, Sundance Ltd. adheres to the Consumer Guarantees Act (CGA) which sets out quality guarantees for products and services. This includes ensuring products are of acceptable quality, fit for purpose, match the description and samples given, and services are carried out with reasonable skill and care, fit for the agreed purpose, at a reasonable cost, and completed within a reasonable timeframe. While Sundance Ltd. provides products and services “as is” and without warranties of any kind, express or implied, we acknowledge that some products may come with manufacturer warranties. These warranties exist in addition to the statutory rights under the CGA. If we do not meet these guarantees, customers are entitled to remedies, including repair, compensation, or refund, depending on whether the issue is minor or serious. It should be noted that the CGA may not apply in transactions where both parties are in business, and there is an agreement to contract out of the CGA’s requirements. Such an agreement must be in writing and fair and reasonable to both parties. In case of a dispute that cannot be resolved through our Disputes Resolution page, customers may take the matter to the Disputes Tribunal or District Court.
Invalid or unenforceable provisions do not affect the remaining Terms.
12. Changes to Terms
We reserve the right to update these Terms at any time. To avoid inundating you with notifications, we may not always provide direct notice of such changes. We encourage you to review these Terms periodically to stay informed of any updates. Your continued use of our Service after any changes signifies your acceptance of these changes.