Terms of Trade for IT Mate Ltd
Effective April 2026
1. Definitions
In these Terms unless the context requires otherwise:
- Company means IT Mate Ltd.
- Buyer means the person or company purchasing Goods or Services from the Company.
- Goods and/or Services mean the products and/or services supplied by the Company.
- Contract means the contract between the Company and the Buyer.
- Date of Contract means, where the Contract arises from a quotation: (i) the date the Company accepts the order; or (ii) the date written notification of acceptance of the quotation is received by the Company.
- Contract Price means the price agreed between the Buyer and the Company.
- Person includes a corporation, association, firm, partnership or individual.
- Quotation means a fixed-term price offer.
- Manager means the Company’s appointed decision maker.
- PPSA means the Personal Property Securities Act 1999.
2. Quotation
The Buyer may request a quotation setting out price and quantity. If acceptable, the Buyer may place an order within the stated timeframe.
3. Acceptance
Any instruction from the Buyer for supply of Goods and/or Services constitutes acceptance of these Terms. Upon acceptance, the Terms are definitive and binding.
4. Application of Terms
These Terms (and any later versions issued by the Company) apply to all orders placed after they are first delivered, emailed, faxed or otherwise brought to the notice of any employee, staff member or representative of the Buyer. It is the Buyer’s responsibility to ensure its staff are promptly notified. Any order placed thereafter is deemed acceptance of these Terms.
5. Price
The Price is as stated on the Company’s invoice or, if none, the Company’s current price list at date of delivery.
Time for payment is of the essence and is stated on the invoice, quotation, tender, work authorisation or other commencement form. If none is stated, payment is due seven days after invoice date.
The Buyer agrees the cost price is determined solely by the Company and includes one-off costs such as design and production.
At the Company’s sole discretion a deposit may be required; quotes over $500 require a 50% deposit.
Payment is due before delivery at the Company’s sole discretion.
The Company may surcharge for alterations to specifications after order placement.
GST and other applicable taxes and duties are added to the Price unless expressly included.
6. Payment, Late Payment, Default and Consequences
Payment may be made by cash, cheque, bank cheque, direct credit or any other method agreed.
Any dispute regarding an invoice must be notified within 7 days of receipt. The Buyer must pay the undisputed portion immediately and may withhold only the disputed amount until resolved in good faith.
Late payment incurs interest at 20% per annum calculated daily from the due date until payment, without prejudice to other rights.
If the Buyer breaches any obligation (including payment), the Company may suspend or terminate supply and its other obligations without liability for any loss or damage suffered by the Buyer.
Overdue payments allow the Company to restrict services until paid in full.
After 30 days overdue, an administration fee of the greater of $20 or 10% of the overdue amount (capped at $200) is levied per month and becomes immediately payable.
If any money becomes overdue, or the Company reasonably believes the Buyer cannot meet payments, or the Buyer becomes insolvent, convenes a creditors’ meeting, enters an arrangement with creditors, makes an assignment for creditors’ benefit, or has a receiver, manager, liquidator or similar appointed, then the Company may cancel any unperformed order and all amounts owing (whether due or not) become immediately payable, without prejudice to other remedies.
7. PPSA
The Contract creates a security interest in the Goods supplied for the purposes of the PPSA as security for all amounts due under the Contract, including future amounts.
The Buyer must promptly execute all documents and do all things the Company requires to perfect the security interest, obtain priority or register (and renew) a financing statement.
To the extent Part 9 of the PPSA applies, the Buyer agrees that sections 114(1)(a), 120, 122, 133 and 134 (for the Buyer’s benefit or placing obligations on the Company) do not apply, and the Company retains all additional rights under the PPSA.
The Buyer waives its rights under sections 116, 120(2), 121, 125, 126, 127, 129 and 131 of the PPSA and its right to receive a verification statement under section 148.
The Buyer agrees the security interest is continuing and subsisting with priority over any registered general security interest and unsecured creditors, regardless of whether the Goods become fixtures before payment.
8. Delivery and Risk
The Company will endeavour to deliver Goods or perform Services on time but is not liable for any loss or damage from delay.
The Buyer assumes all risk and responsibility for insurance of the Goods and Services from the time they are provisioned by the Company.
9. Governing Law
These Terms are governed by the laws of New Zealand, which has exclusive jurisdiction over any dispute relating to the Goods, Services or these Terms.
10. Dispute Resolution
The Company will endeavour to resolve disputes without court proceedings. Any such attempt is without prejudice to legal rights.
11. Reservation of Title
Ownership and title in the Goods remain with the Company until the Contract Price and all other monies owing by the Buyer under this or any other contract with the Company are paid in full.
12. Warranty
Goods and Services carry only the manufacturer’s warranties unless the Company notifies the Buyer otherwise in writing. No warranty claim is available if the Company’s account is overdue. Unless notified in writing, the Buyer may not on-sell or represent the Goods or Services.
No claim is accepted if unauthorised repairs are attempted, or if Goods are modified, incorrectly stored, maintained or used. If the Company elects to repair or replace, it will specify the place; the Buyer bears all cost and risk of shipping.
13. Liability
The Company is not liable for any loss whatsoever suffered by the Buyer from any breach, cancellation, negligence or act of the Company, its servants, agents or contractors. The Company is not liable for any loss, damage or injury to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or others. The Buyer indemnifies the Company against any such claims.
14. General
The Company may change these Terms from time to time.
15. Severability
If any provision is invalid or unenforceable, the remainder remains in full force and the parties will adjust their rights and obligations to reflect the original intent.
16. Privacy
The Company and its suppliers will keep all Buyer data private and confidential.
17. Buyer Information and Guarantee
The Buyer warrants all information supplied is true and correct and acknowledges the Company relies on it. The Buyer must notify the Company of any changes.
18. Intellectual Property
Copyright in any designs, drawings or written materials created by the Company for the Buyer remains vested in the Company and may be used by the Buyer only at the Company’s discretion.
The Buyer warrants that all designs or instructions supplied will not cause the Company to infringe any patent, registered design or trade mark.
19. Consumer Guarantees Act 1993
If the Buyer acquires or holds itself out as acquiring the Goods and/or Services for business purposes, the Consumer Guarantees Act 1993 does not apply.