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 Computer Ambulance Ltd, t/a AVN Solutions, in which case the separate agreement shall govern)..
Formation of Contract
The contract is formed only when the goods are dispatched by the seller.ca
Description of Products
The seller relies on information from its suppliers and product manufactures. Descriptions, illustrations and literature are therefore not binding on the seller While our best efforts are made to keep our stock levels and pricing accurate we cannot be responsible for any errors in stock levels and pricing
If the goods do not match the description on the seller’s website, the buyer should inform the seller immediately so that the seller may take appropriate action. AVN Solutions can offer a full refund at any time if the correct product is no more or cannot be sourced at the price of the un-matching item AVN Solutions is not required to send an item of higher value; Full refund of original order is sufficient.
AVN Solutions is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, pricing, invoice or acknowledgement.
Consumer Guarantees Act 1993
Where the buyer is acquiring the product for the purpose of business then the Consumer Guarantees Act 1993 shall not apply.
In the event the buyer is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser’s rights under the Consumer Guarantees Act 1993, to the intent that no provisions shall any way limit the buyer’s rights under the Act.
The prices of Products listed on the web site are current. All prices are in NZ Dollars and include GST (15%) but exclude freight, and are subject to change without prior notice
AVN Solutions reserves the right to decline to trade with any company or person. In addition, AVN Solutions may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by facsimile, email or telephone. If AVN Solutions declines to accept an order where payment has been received, AVN Solutions will refund the payment.
AVN Solutions executes orders to the Customer’s requirements, and will not substitute an ordered Product for another Product unless the Customer has so requested or the ordered Product has been superseded.
Out of Stock Products & Backorders
AVN Solutions reserves the right to discontinue any Product or to change its design at any time. All Items are Subject To Availability. Listing does not indicate quantity of stock-on-hand, please call or email us to check on the availability of items and their updated prices.
If a product is ordered but later found to be out of stock AVN Solutions reserves the right to put the order on back order and confirm a suggested ETA with the customer. The customer may ask AVN Solutions to either find and offer an alternative (similar) product (if an alternative option is available) price differences will need to be paid by the customer if the cost is higher or if cheaper the difference refunded by AVN Solutions to the customer or if the ETA is to far offer a full refund to the customer.
Unless otherwise confirmed, nothing on the web site is to be taken as a representation of the source of origin, manufacture, or production of any Products or any part thereof.
AVN Solutions reserves the right to dispatch the buyer’s order in one delivery or by instalments. Failure to deliver any instalment shall not entitle the buyer to repudiate the contract as to any instalments already delivered. The buyer may cancel any undelivered instalments.
Any quotations of delivery times by AVN Solutions are made in good faith but are estimates and AVN Solutions shall not be bound by such quotation.
Inspection, Transit Delays and Non-delivery
The Customer must inspect all Products supplied as soon as is reasonably possible after delivery and shall, within 7 days of delivery, give written notice to AVN Solutions of the following:
1. Any defect in a Product that is apparent on reasonable examination. In this case AVN Solutions shall, at AVN Solutions’ discretion, replace the Product or refund the purchase price in accordance with the Warranty condition. The Customer must refuse parcels delivered in a damaged condition.
2. Any shortfall in Products delivered. In this case AVN Solutions shall, at its discretion, deliver the undelivered Products or refund the price of the undelivered Products.
3. Any delivery of Products not in accordance with the order. In this case AVN Solutions shall, at AVN Solutions’ discretion, replace the Products or refund the purchase price.
If the Customer fails to give any such notice, the Customer will be deemed to have accepted the relevant order as being delivered in accordance with the Customer’s instructions and to have accepted the Products as being free from all apparent defects.
The remedies set out above are the Customer’s exclusive remedies for non-delivery, late delivery or short delivery of Products, apparent defects in ordered Products, or delivery of Products not in accordance with the order. AVN Solutions shall not be liable for any other losses, consequential or otherwise.
The Customer may use MasterCard, Visa or American Express credit cards. Any subsequent refund of orders paid for by credit card will be made to the relevant credit card account. The Customer can pay directly to our ASB Bank Account which is : Computer Ambulance Ltd. 12-3085-0352577-00 using your invoice number as the reference.
Decisions for the use of Products remain the responsibility of the Customer and involve subjective knowledge, which the Customer acknowledges is not available to AVN Solutions. The Customer also acknowledges that he/she has not relied on any information or advice given by AVN Solutions in relation to any Products and that AVN Solutions is not liable for damage, loss or expense resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to AVN Solutions’ negligence or that of its employees, agents or sub-contractors. AVN Solutions strongly recommends the Customer checks with his/her experienced computer technician before making that purchase
In no event shall any breach:
1. of these terms and conditions or any implied warranties, terms and conditions (whether statutory or otherwise); or
2. of any other duty of any kind imposed on AVN Solutions by law arising out of or in relation to the sale of Products,
give rise to any liability for punitive damages, or damages for loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage arising from any cause.
The Customer may not cancel orders once accepted by AVN Solutions. Any cancellation (or part cancellation) of an order will only be accepted on AVN Solutions’ consent and the Customer must indemnify AVN Solutions in respect of any expense incurred by AVN Solutions relating to the cancellation of any order. In the event of part cancellation of orders based on bulk quantity pricing, AVN Solutions may invoice the Customer for the difference between the price for the bulk quantity and the standard pricing if the cancellation results in the order being classified as a ‘non-bulk’ order.
AVN Solutions will not be in breach of its contract with the Customer for any delay in performing, or failure to perform, its obligations under these terms and conditions if that delay or failure was due to any cause or circumstance beyond AVN Solutions’ reasonable control or by its inability to procure Products required for the performance of its obligations under these terms and conditions. AVN Solutions shall not be held responsible for any delay in the delivery of, or inability to deliver, any orders.
AVN reserves the right to amend any of the above terms at our discretion.
While every effort has been made to ensure accuracy AVN Solutions will not be liable for any inaccuracies in the information contained herein.
Disputes and Proper Law
Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.
The contract including these terms and conditions of sale shall be governed by New Zealand Law.