1. Definitions
“Equipment” means POS terminals, printers, scanners, cash drawers, EFTPOS integration devices, networking hardware and related accessories supplied by the Supplier.
“Software” means POS software, integrations, cloud services, databases and related applications supplied or configured by the Supplier.
“Services” means installation, support, maintenance, troubleshooting, training, remote assistance and on-site support.
“GST” means Goods and Services Tax under New Zealand law.
2. Supply of Equipment and Services
The Supplier agrees to supply the Equipment, Software and Services described in the quotation, invoice, or order confirmation.
All quotations are valid for 14 days unless otherwise stated.
3. Payment Terms
3.1 Full payment is due before delivery unless otherwise agreed in writing.
3.2 Overdue invoices may incur interest at 2% per month.
3.3 The Customer shall pay all collection costs and legal fees incurred in recovering overdue amounts.
4. Ownership
Ownership of Equipment remains with the Supplier until all amounts owing have been paid in full.
Risk passes to the Customer upon delivery or installation.
5. Hardware Warranty
5.1 The Supplier provides a limited hardware warranty of twelve (12) months from the invoice date.
5.2 During the warranty period, the Supplier may repair, replace, or provide refurbished replacement parts at its discretion.
5.3 This warranty does not cover:
accidental damage
liquid damage
power surge damage
misuse or negligence
unauthorized modification or repair
consumable items
third-party hardware
network or internet issues
5.4 Warranty service may require the Customer to return equipment to the Supplier.
5.5 Freight and courier costs may be charged separately.
6. Software and Integration
6.1 The Supplier does not guarantee uninterrupted or error-free operation of any Software, EFTPOS integration, cloud service, third-party API or internet-based functionality.
6.2 Compatibility with third-party payment terminals, banks, processors or operating systems may change without notice.
6.3 The Customer is responsible for maintaining reliable internet, networking and electrical infrastructure.
7. Support and Service Fees
Annual Support Plan
7.1 Optional support coverage is available at:
NZD 200 + GST per year
The annual support plan may include:
remote support
minor troubleshooting
software configuration assistance
reasonable phone/email support
7.2 The annual support plan does not include:
hardware replacement
on-site visits
networking issues
third-party software issues
major software redevelopment
data recovery
Casual Service Rates
7.3 Services outside the annual support plan are charged at:
NZD 100 + GST per hour
Minimum charge: 1 hour
7.4 On-site travel charges may apply.
7.5 After-hours, weekends and public holidays may incur additional charges.
8. Customer Responsibilities
The Customer agrees to:
maintain regular data backups
protect passwords and system access
use surge protection and proper electrical supply
provide safe access for technicians
comply with software licensing requirements
The Supplier is not responsible for loss of data, business interruption or consequential losses.
9. Data and Backups
9.1 The Customer is solely responsible for backing up all data.
9.2 The Supplier does not guarantee recovery of lost or corrupted data.
9.3 The Supplier may temporarily access business data solely for support purposes.
10. Limitation of Liability
To the maximum extent permitted by New Zealand law, the Supplier’s liability is limited to:
repair,
replacement, or
refund of the original purchase price.
The Supplier shall not be liable for:
loss of profits
loss of revenue
loss of business
indirect loss
consequential loss
payment processing failures
third-party outages
cyber incidents
11. Consumer Guarantees Act and Fair Trading Act
If the Customer acquires the goods or services for business purposes, the parties agree that:
the provisions of the Consumer Guarantees Act 1993 shall not apply to this Agreement; and
where legally permitted, sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 are contracted out of.
The parties acknowledge that:
both parties are in trade;
this Agreement is in writing; and
it is fair and reasonable to contract out of these provisions.
Nothing in this Agreement limits any rights that cannot legally be excluded under New Zealand law.
12. Installation and Delays
Installation dates are estimates only.
The Supplier is not liable for delays caused by:
courier delays
import shortages
internet providers
EFTPOS providers
force majeure events
third-party vendors
13. Cancellation
Orders cancelled after confirmation may incur cancellation fees.
Custom-configured systems and special-order hardware may be non-refundable.
14. Default
If the Customer fails to make payment, the Supplier may:
suspend services
disable software access where legally permitted
recover unpaid equipment
commence debt recovery proceedings
15. Privacy
The Supplier may collect business contact information for support, invoicing and operational purposes.
Information will be handled in accordance with the New Zealand Privacy Act 2020.
16. Governing Law
This Agreement shall be governed by the laws of New Zealand.
Any disputes shall be subject to the exclusive jurisdiction of the New Zealand courts.
17. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions or representations.
Any variation must be in writing and signed by both parties.
