1. Definitions
1.1
“Client” shall mean the client (or any person acting on behalf of and with the
authority of the client) as described on any quotation, work authorisation or
other form as provided by EDUCHOICE to the client.
1.2 “EDUCHOICE” and “We” shall mean EDUCHOICE Ltd its successors and assigns or any person acting on behalf of and with an authority of EDUCHOICE Ltd.
1.3 “Website” shall mean www.educhoice.co.nz
1.4 “Goods” shall mean any associated product sold by EDUCHOICE in accordance with
the Clients instruction/order.
1.5 “Price” shall mean the price payable for the Goods as agreed between EDUCHOICE
and the Client in accordance with clause 3 of this contract.
2. Acceptance
2.1
Any order received by EDUCHOICE from the Client and/or use of this account
shall constitute acceptance of these terms & conditions contained herein.
Where
more than one client has entered into this agreement, the clients shall be
jointly and severally liable for all payments of the Price.
2.2
Upon acceptance of these terms and conditions by the Client the terms and
conditions are binding and can only be amended with the written consent of EDUCHOICE.
2.3
The Client shall give EDUCHOICE not less than fourteen (14) days prior written
notice of any proposed change of ownership of the Client or any change in the
Client’s details (including but not limited to, changes in the Client’s
address, facsimile number, or business practice). The Client shall be liable
for any loss incurred by EDUCHOICE as a result of the Client’s failure to
comply with this clause.
3. Price and payment terms
3.1 All prices listed on www.educhoice.co.nz are in New Zealand dollars and are exclusive of GST.
3.2 EDUCHOICE reserves the right to change the price in the event of a variation to
EDUCHOICE’S quotation.
3.3 All accounts (ECE services and schools) shall be payable no later than 20th of the month following the
date of the invoice or receipt of goods, whichever is earlier. All costs incurred collecting overdue accounts shall be paid by the customer. For private orders, payment requires before dispatch.
3.4 EDUCHOICE may by giving notice to the Client at any time before delivery
increase the Price of the Goods to reflect any increase in the cost to EDUCHOICE
beyond the reasonable control of EDUCHOCIE, (including, without limitation,
foreign exchange fluctuations, taxes and duties, provisions of Acts, By-Law,
Order or Regulation of any parliament, municipality or local authority enacted
after the date of contract between the Client and EDUCHOICE and the cost of labour,
materials and other manufacturing costs).
3.5 Payment will be made by direct credit, or PayPal, or credit card, or by any
other method as agreed to between the Client and EDUCHOICE.
3.6 GST and other taxes and duties that may be applicable shall be added to the
Price except when they are expressly included in the Price.
3.7 No payment shall be withheld for any disputed portion of an invoice/account once
the Client’s order has been processed.
4. Delivery and risk of goods
4.1
Delivery shall be deemed complete when EDUCHOICE gives possession of the goods
to a Carrier for delivery to the Client or as the Client as directed.
4.2
EDUCHOICE shall not be liable for any loss or damage due to failure by the
Carrier to deliver the goods promptly or at all.
4.3
EDUCHOICE reserves the right to deliver the goods by instalments and each
instalment shall be deemed to be a separate contract subject to the same
conditions as the main contract. Failure by EDUCHOICE to deliver one or more
instalment, shall not entitle the Client to repudiate the main contract.
4.4 Risk shall pass to the Client when the goods are delivered. If the Client and EDUCHOICE agrees to a delay in delivery, risk shall pass upon the date of the Clients request for such delay.
5. Receipt, return and refund of Goods
5.1
All Goods must be carefully checked upon receipt. Please check all Goods are in
good condition and correct in name, colour, size, quantity and finish.
5.2
No claims will be accepted if the Goods have been converted in any way.
5.3
EDUCHOICE reserves the right to repair Goods before we replace Goods. A credit
of replacement will not be issued to the Client for Goods that can be replaced.
5.4 Somnetimes, things might not work for whatever reasons ( change of mind), that's why we are here to offer an easy return policy, you can return items within 28 days, items must be unused, in re-sellable condition and with their original packaging.
If you wish to return your item or items after 28 days, the same rule as above apply - items must be unopened and in a new / re-sellable condition and your return will attract a restocking fee of minimum 20% or more of the items price, depending on the time over and above 28 days.
The restocking fee is determined at the discrection of EDUCHOICE.
For returns due to a change of mind, the return freight cost is the responsibilty of the Client. In the event of damaged or faulty items, kindly reach out to us within 48 hours of receiving your order. We will promtly arrange an exchange or replacement and discuss alternative solutions if needed, Your satisfaction is our priority, and we're here to ensure a seamless resolution
for any issues with your purchase.
5.5 Credit will not
be issued before we receive the Goods back. EDUCHOICE shall not be the liberty
to decline or refuse such a return if it thinks fit including Goods defaced or
damaged by the Client or its representatives.
6. Cancellation of orders and back orders
6.1
The Client acknowledges that orders for goods that are not in stock may not be
cancelled and / or altered once placed on EDUCHOICE backorder. On the placing
of an order to be produced, the Client is therefore agreeing to take ownership
of the goods once produced. If EDUCHOICE is however unable to supply the
Clients backorder within 60 days of the original order date, the back order may
be cancelled by the Client.
7.1 Freight is additional and charged per delivery, except for back orders.
7.2 EDUCHOICE reserves the right to increase freight without prior notice.
8. Debt collection
8.1
In case of non-payment, all payment owing from Client will be passed to debt
collection agency.
8.2
All costs incurred collecting overdue account shall be paid by the Client.
9. Liability
9.1
EDUCHOICE shall not be liable for:
i.
Any
loss of profits; or
ii.
Any
consequential, indirect or special loss; or
iii. Damage,
injury, cost or loss of any kind arising directly or indirectly from any breach
of EDUCHOICE obligations to the Client however occurring, including any negligence
on the part of EDUCHOICE.
Where
EDUCHOICE is liable to the Client, unless otherwise agreed in writing between EDUCHOICE
and the Client, the maximum cost of any liability of EDUCHOICE to the Client
however shall not exceed the lesser of:
i. The contract price: or
ii. The value of the goods or service which
are the subject of the claim.
10.1
The benefits and obligations of the terms of this contract shall be considered
as if governed by New Zealand law.
10.2
Where New Zealand have a reciprocal agreement for the enforcement or New
Zealand judgement with the country of the Client and/or guarantor, any
litigation in relation to this agreement and/or associated guarantee shall, at
PP discretion be commenced in Auckland, New Zealand.
11.1
Upon assenting to these terms and conditions in writing the Client acknowledges
and agree that:
(a)
these terms and conditions constitute a security agreement for the purpose of
the PPSA; and
(b)
a security interest is taken in all Goods previously supplied by EDUCHOICE to
the Client (if any) and all Goods that will be supplied in the future by EDUCHOICE
during continuance of the parties relationship.
11.2
The Client undertakes to:
(a)
sign any further documents and/or provide any further information, such
information to be complete, accurate and up-to-date in all respects, which EDUCHOICE
may reasonably require to register a financing statement or financing change
statement on the Personal Property Securities Register;
(b)
indemnify, and upon demand reimburse, EDUCHOICE for all expenses incurred in
registering a financing statement or financing change statement on the Personal
Property Securities Register or releasing any Goods charged thereby;
(c)
not register a financing change statement or change demand without the prior
written consent of EDUCHOICE;
(d)
give EDUCHOICE not less than fourteen (14) days prior written notice of any
proposed change in the Client’s name and /or any other change in the Client’s
details (including but not limited to, changes in the Client’s address,
facsimile number, or business practice); and
(e)
immediately advise EDUCHOICE of any material change in its business practices
of selling the Goods which would result in a change in the nature of proceeds
derived from such sales.
11.3
EDUCHOICE and the Client agree that nothing in sections 114 (1) (a), 133 and
134 of the PPSA shall apply to these Terms and Conditions.
11.4
The Client waives its right as a debtor under sections 116, 120(2), 121,125,
126, 127, 129, 31, and 132 of the PPSA.
11.5
Unless otherwise agreed to in writing by EDUCHOICE, the Client waives its right
to receive a verification statement in accordance with section 148 of the PPSA.
11.6
The Client unconditionally ratifies any action taken by EDUCHOICE under clauses
10.1 to 10.5 under and by virtue of the power of attorney given the Client to EDUCHOICE.
12. Title
12.1
It is the intention of EDUCHOICE and agreed by the Client that property in the
Goods shall not pass until:
(a)
The Client has paid all amounts owing for the particular Goods, and
(b)
The Client has met all other obligations due by the Client to EDUCHOICE in
respect of all contracts between EDUCHOICE and the Client, and that the Goods,
or proceeds of the sale of the Goods, shall be kept separate until EDUCHOICE
shall have received payment and all other obligations of the Client are met.
12.2
Receipt by EDUCHOICE of any form of payment other than cash shall not be deemed
to be payment until that form of payment has been honoured, cleared or
recognised and until then EDUCHOICE’s ownership of rights in respect if the
Goods shall continue.
12.3
It is further agreed that:
(a)
Until such time as ownership of the Goods shall pass from EDUCHOICE to the
Client EDUCHOICE may give notice in writing to the Client to return the Goods
or any of them to EDUCHOICE. Upon such notice the rights of the Client to
obtain ownership or any other interest in the Goods shall cease.
(b) If the Client fails to return the Goods to EDUCHOICE then EDUCHOICE or EDUCHOICE’s agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods are situated and take possession of the Goods.
All products are designed for the purpose described and must be used under adult supervision at all times,by children of the appropriate age. If products are found damaged, please stop using them, and keep them out of reach of children.
14. Privacy Act 1993
14.1
The Client authorises EDUCHOICE to:
(a)
collect, retain and use any information about the Client, for the purpose of
assessing the Client’s credit worthiness or marketing products and services;
and
(b) to disclose information about the Client, whether collected by EDUCHOICE from the Client directly or obtained by the Client from any source, of providing or obtaining a credit reference, debt collection or notifying a default by the Client.
(c) to manage product or service warranties or guarantees, including product or safety recalls.
14.2
Where the Client is a natural person the authorities under (clause 10.1) are
authorities or consents for the purposes of the Privacy Act 1993.
14.3
The Client shall have the right to request EDUCHOICE for a copy of the
information about the Client retained by EDUCHOICE and the right to request EDUCHOICE
to correct any incorrect information about the Client held by EDUCHOICE.
15. Warranty
15.1
No warranty is offered on Goods unless otherwise advised in writing by EDUCHOICE.
15.2
For Goods not manufactured by EDUCHOICE, the warranty shall be the current
warranty provided by the manufacture of the Goods. EDUCHOICE shall not be bound
by nor responsible for any term, conditions, representation or warranty given
by the manufacturer of the Goods.
16. Disclaimer
16.1 Our website is intended to provide information for people shopping our products and accessing our services including making purchases via our website and registering on our database to receive e-mails from us.
16.2 While we endeavour to supply accurate information on this site, errors and omissions may occur. Educhoice does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this site. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site.
16.3 Educhoice reserves the right to make changes to the content on this site at any time without notice.
16.4 To the extend permitted by New Zealand law, Educhoice makes no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of the website or any other website.
17. Consumer Guarantees Act 1993
17.1
This agreement is subject to the provisions of the Consumer Guarantees Act 1993
in all cases except where the Client is contracting within the terms of a
trade/business (which cases are specifically excluded).
18. Cancellation
18.1
EDUCHOICE may cancel these terms and conditions or cancel delivery of Goods and
services at any time before the Goods are delivered by giving written notice.
On giving such notice EDUCHOICE shall promptly repay to the Client any sums paid
in respect of the Price for those Goods. EDUCHOICE shall not be liable for any
loss or damage whatsoever arising from such cancellation.
18.2
EDUCHOICE reserves the right to cancel the Client’s account without notice if
it remains inactive for more than twelve months, thereafter a new credit
application may be required before EDUCHOICE will provide any the Client with
Goods on credit.
18.3 At EDUCHOICE’s sole discretion the Client may cancel delivery of Goods. In the event that the Client cancels delivery of Goods the Client shall be liable for any loss incurred by EDUCHOICE up to the time of cancellation.
19.1 We want you to have a safe and secure shopping experience online. All payments via our sites are processed using SSL ( Secure Socket Layer) protocol, whereby sensitive information is encrypted to protect your privacy. You can help to protect your details from unauthorised access by logging out each time you finish using the site, particularly if you are doing so from a public or shared computer.