General Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH NAVICOM DYNAMICS LTD, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN TO THE EXTENT OF ANY INCONSISTENCY BETWEEN THAT AGREEMENT AND THIS AGREEMENT).
Important Information about this legal contract
This Agreement is a legal contract between the Customer and NAVICOM DYNAMICS LTD. The Customer accepts this Agreement by placing an order or making a purchase. (References to "you" or "your" shall relate to the Customer; references to NAVICOM DYNAMICS shall relate to NAVICOM DYNAMICS LTD, and its affiliates.) The terms and conditions of this Agreement are subject to change with immediate effect from notice of a change, (provided this Agreement will govern any order made prior to such notice).
The Agreement may only be modified or terminated in writing. Any modification for a particular order will apply to that order only (unless otherwise expressly provided) and such modification must be signed by a duly authorised officer of NAVICOM DYNAMICS.
Orders should be placed in writing on company letterhead. Written orders may be sent by letter, fax or by email. NAVICOM DYNAMICS will seek to acknowledge each order within one working day of receipt.
Quoted timeframes are based on a start time of receipt of a valid purchase order and deposit or prepayment, and will conclude on the date the product is dispatched.
Terms of Payment
All Customers must pre-pay unless credit has been approved. Where credit terms have been agreed, payment must be made in full by the invoice due date. Failure to pay in accordance with this clause shall entitle NAVICOM DYNAMICS, without prejudice to any other rights, to terminate the contract immediately in respect of future purchases and to charge interest at the rate of 2% per month on amounts outstanding. Interest shall accrue on a daily basis from the date when payment is due until the date when payment is actually received. The Customer shall be liable to pay all expenses and legal costs of NAVICOM DYNAMICS in relation to obtaining remedy of any failure to pay.
NAVICOM DYNAMICS is not responsible for any local duties, taxes, demurrage or other local charges relating to any import to the Customer’s country of residence or other nominated point of delivery.
Title; Risk of Loss
Title to products herein being purchased is retained by NAVICOM DYNAMICS until products are paid for in full by the Customer and at that time title passes to the Customer. Loss or damage that occurs during shipping by a carrier selected by NAVICOM DYNAMICS is NAVICOM DYNAMICS’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
General Legal Disclaimer
IN RESPECT OF PRODUCTS NOT MANUFACTURED BY NAVICOM DYNAMICS, NAVICOM DYNAMICS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NAVICOM DYNAMICS ASSIGNS THE BENEFIT OF APPLICABLE WARRNATIES PROVIDED BY THE MANUFACTURER (TO THE EXTENT THAT IS PERMITTED, AND IF NOT WILL PROVIDE ALL REASONABLE ASSISTANCE TO ENFORCE SUCH WARRANTIES) BUT WILL NOT OTHERWISE BE LIABLE FOR ANY DEFECT WHICH IS NOT COVERED BY THE MANUFACTURER
Pricing and Information Disclaimer
All pricing is subject to change. For all prices, products and offers, NAVICOM DYNAMICS reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements or other extenuating circumstances. Prices on quotations do not include any applicable GST or other value added tax unless they are shown as doing so (which will create additional charges where applicable).
Errors and Omissions Disclaimer
While NAVICOM DYNAMICS uses reasonable efforts to include accurate and up-to-date information on its website and in applicable marketing information, however NAVICOM DYNAMICS makes no warranties or representations as to the website’s accuracy. NAVICOM DYNAMICS assumes no liability or responsibility for any errors or omissions in the content on the website or other marketing information.
Other than as required by law in New Zealand, NAVICOM DYNAMICS does not offer a right to return if, after purchase, you decide to change your mind. For further information, please contact NAVICOM DYNAMICS. Should NAVICOM DYNAMICS agree to take back non-defective products in its discretion, then the products must include all original packaging and a 15 percent restocking fee will apply.
NAVICOM DYNAMICS warrants its new products against manufacturing defects for a period of two years provided the warranty period is reduced to one year for new batteries and loose cables.
All new products purchased from NAVICOM DYNAMICS or its agents must be registered by the end-user (the person who is responsible for the use of the product) within 3 months of dispatch by NAVICOM DYNAMICS or other timeframe as agreed on a case by case basis by NAVICOM DYNAMICS. Online product registration is available at www.navicomdynamics.com/support.
NAVICOM DYNAMICS does not warrant against damage incurred due to a failure to follow the applicable Operations Manual, misuse, abuse, accident, neglect, improper installation, unauthorised maintenance or operation, lightning (or other electrical discharge), fresh/salt water immersion, nuclear detonation, other acts of God, or acts of terrorism.
Repair, modification or service of the product by any party other than as approved by NAVICOM DYNAMICS shall render a warranty null and void.
To return a product for repair under warranty, you must complete the RMA form on www.navicomdynamics/support before shipping your product. No returns of any type will be accepted without an RMA number.
For warranty repairs, the customer is responsible for shipping charges to the repair facility as specified by NAVICOM DYNAMICS; NAVICOM DYNAMICS is responsible for return shipping your repaired or replacement item(s).
For non-warranty repairs, the Customer is responsible for all shipping charges.
NAVICOM DYNAMICS is not responsible for any local duties, taxes, demurrage or other local charges relating to any import of repaired or replaced product to the Customers country of residence or other nominated point of delivery.
NAVICOM DYNAMICS’ sole liability in relation to any defect in product supplied will be the repair or replacement of that product where the above warranties apply.
All other warranties implied by law or otherwise are excluded to the fullest extent permitted by law. In no circumstances will NAVICOM DYNAMICS be liable for any consequential or indirect loss of any kind.
A Licensed Product is good for the purpose intended, which is to perform as an aid to marine pilots in the safe pilotage of vessels. It is not intended, nor shall it be construed as intended, to be a primary source for navigation.
For all freight movements instigated or arranged by NAVICOM DYNAMICS, the insurance is the responsibility of NAVICOM DYNAMICS. For all freight movements arranged or instigated by the Customer, the insurance is the responsibility of the Customer (See also clause “Title, Risk of Loss”). Also, for your protection, NAVICOM DYNAMICS recommends that you use a carrier that can provide you with proof of delivery.
Damaged On Arrival
If product arrives damaged, it is best to refuse it back to the carrier attempting delivery. If you accept the package make sure the damage is noted on the carrier's delivery record so that NAVICOM DYNAMICS can file a damage claim. Photograph and save the products and the original box and packing it arrived in, and then notify NAVICOM DYNAMICS immediately to arrange for a carrier inspection and a pickup of damaged products. If you do not notify NAVICOM DYNAMICS of damaged products within the first five working days of arrival you will be deemed to have accepted the product as being undamaged on arrival. Call +64 9 915 5330 to arrange for carrier inspection and a pickup of damaged products.
These conditions of sale shall be governed by the laws of New Zealand, and the New Zealand courts shall have exclusive jurisdiction in connection herewith. In the event that any provision hereof is held to be invalid by a court of competent jurisdiction, such provision shall be severed from these terms and conditions and the remaining provisions shall remain in full force and effect.