Terms & Conditions of Trade

1. All prices are in NZ$ and exclude GST, unless otherwise stated.
2. Unless otherwise agreed in writing, the price of the goods will be the current price on the day of delivery of the goods.
3. Prices do not include delivery surcharges.

4. All goods must be paid in full by the 20t h of the month following the month in which the invoice was issued. Payment must be made by cash, credit card or direct credit. Payment shall not be deemed to have been received until honored/cleared.
5. Interest may be charged on overdue accounts at such rate as Fonebox NZ Limited may determine from time to time.
6. Fonebox NZ Limited may stop supplying goods on credit to the Customer at any time without prior notice.
7. If Fonebox NZ Limited is required to undertake action for recovery of outstanding debts, the Customer indemnifies Fonebox NZ Limited against any expenses, costs or disbursements incurred for such purpose, including legal costs on a solicitor-client basis.

8. Fonebox NZ Limited shall deliver the goods to either the postal address or the business address stated on the application form, unless otherwise directed by the Customer.
9. Fonebox NZ Limited shall deliver the goods by such carrier and in such form of transport it considers appropriate.
10. If the Customer specifies the means of transport or the carrier, the Customer shall bear the additional costs (if any).
11. Fonebox NZ Limited will not be responsible for any consequential damages arise directly or indirectly from late delivery or non-delivery.
12. If the goods received are of the wrong type or quantity, the Customer shall notify Fonebox NZ Limited immediately. No
liability will be accepted unless the Customer notifies Fonebox NZ Limited within 5 days from the day of delivery. Fonebox NZ Limited shall bear the freight costs in these circumstances.
13. Risk in the goods shall pass to the Customer at the time the goods are received by the carrier to be delivered to the Customer.

14. The Customer shall notify Fonebox NZ Limited prior to returning any goods. Fonebox NZ Limited reserves the rights to determine whether it will accept such return and any such return shall be subject to a re-stocking fee equal to 15% of the purchase price of the goods.
15. Return of goods will only be accepted within 10 days of delivery and the Customer shall be responsible for the freight costs.
16. Goods must be returned in its original condition and packaging.
17. No returned goods shall be accepted if the goods have been tampered with by the Customer or the carrier. Returned goods not accepted by Fonebox NZ Limited shall be returned to the Customer at the Customer’s own expense.

Warranty and Consumer Guarantees Act 1993
18. Fonebox NZ Limited offers a 60 days warranty against defective workmanship and/or materials. This warranty does not extend to normal wear and tear or damage caused by abuse, misuse or negligence. Failure to comply with the maintenance instructions will void the warranty. Fonebox NZ Limited will endeavor to either repair or replace the defective goods. If repair or replacement is not practicable, Fonebox NZ Limited will refund the purchase price.
19. The Customer shall be responsible for the costs associated with delivering the goods to and from Fonebox NZ Limited for repair or replacement purposes.
20. The Consumer Guarantees Act 1993 shall not apply where the goods are purchased for business purpose.

21. The Customer authorizes Fonebox NZ Limited to collect, retain and use personal information about the Customer (including the information collected in this document) for the following purposes only:
a. Assessing the Customer’s creditworthiness
b. Disclosing to a third party details of this application and any subsequent dealings it may have with Fonebox NZ Limited for the purpose of recovering amounts payable by the Customer and providing credit reference
c. Marketing goods and services supplied by Fonebox NZ Limited or it’s selected business partners
22. Fonebox NZ Limited shall immediately stop sending marketing materials to the Customer should the Customer so request.
23. The Customer can assess and correct any information Fonebox NZ Limited holds about the Customer.

Security Interest
24. The Customer grants Fonebox NZ Limited a Security Interest in the goods supplied by Fonebox NZ Limited to secure payment of the purchase price of the goods and any other obligations of the Customer to Fonebox NZ Limited (whether under this contract or otherwise).
25. The Customer shall, at its own expense, provide all reasonable assistance and information to enable Fonebox NZ Limited to register a Financing Statement or Financing Change Statement and generally to obtain, maintain, register and enforce Fonebox NZ Limited’s Security Interest in respect of the goods supplied, in accordance with the Personal Property Securities Act 1999 (“PPSA”).
26. The Customer agrees not to change its name until it has given Fonebox NZ Limited 10 days notice in advance.
27. Fonebox NZ Limited may apply any payment received from the Customer to all or part of the amount owing for any products or services provided to the Customer as Fonebox NZ Limited sees fit, irrespective of whether that payment is intended by the Customer to be for that particular products or services or in respect of a particular invoice.
28. Until the Customer has paid all money owing to Fonebox NZ Limited, it shall at all time ensure that:
a. The goods supplied by Fonebox NZ Limited, while in the Customer’s possession, can be readily identified; and/or
b. All Proceeds (in whatever form) that the Customer receives from the sale of any of the goods are readily Identifiable and Traceable.
29. Where the goods are purchased by the Customer as stock in trade for sale or lease in the ordinary course of the Customer’s
business, nothing in this clause shall prevent the Customer from selling or leasing or delivering the goods in the ordinary course of the Customer’s business.
30. The Customer waives its right to receive a copy of any financing statement, financing change statement or verification statement that is registered, issued or received at any time pursuant to this application.
31. For the purposes of this clause, words and phrases starting with a capital letter shall have the meaning given to them under the PPSA.

32. Fonebox NZ Limited may from time to time and in its absolute discretion amend the terms and conditions contained herein and such variation shall take immediate effect without the Customer’s consent.
33. These terms and conditions are to be governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand courts.