Terms of Sale

1. Definitions

"Goods" means the products supplied by Comsys. "Services" means any services we provide, including installation, configuration, support, and procurement services. "Business Customer" means a Customer acquiring Goods or Services for the purposes of a trade or business. "Order" means a request by you to purchase Goods or Services.

2. Acceptance and Formation of Contract

When you place an Order you are making an offer to purchase Goods or Services in accordance with these Terms. Payment processing, order acknowledgements, and order confirmation emails do not constitute acceptance by us. A binding contract is formed only when we dispatch the Goods or commence the Services, or otherwise confirm acceptance of your Order in writing. We may decline or cancel any Order, including where Goods are unavailable, where pricing is incorrect, or where we reasonably believe the Order is fraudulent or contains false or misleading information.

3. Errors and Omissions

We take care to ensure the accuracy of pricing, descriptions, and availability, but clerical, typographical, computational, and pricing errors may occur. Where an error is identified, we reserve the right to correct it and, where an Order is affected, to cancel the Order and issue a full refund of any amount paid.

4. Description of Goods

Product descriptions, images, and specifications are provided in good faith and are often supplied by the manufacturer or distributor. They are intended as a guide only and may be subject to change. You should advise us of any apparent inaccuracy before relying on it, and you are responsible for ensuring the Goods ordered are fit and suitable for your intended purpose.

5. Pricing

All prices are displayed and charged in New Zealand Dollars (NZD) and are exclusive of GST unless stated otherwise. Prices are subject to change without notice.

Written quotations are valid for thirty (30) days from the date of issue unless otherwise stated, and remain subject to availability and to correction of any error. Prices exclude delivery, installation, and maintenance charges unless expressly stated.

6. Payment

Payment is required at the time of Order by credit or debit card (processed securely by Stripe) unless you hold an approved business credit account. Business Customers with approved credit terms must pay each invoice in full by the due date stated on the invoice. We may set, vary, or withdraw credit limits and require security at our discretion.

Receipt of any form of payment other than cash is not treated as payment until that payment has been honoured and cleared. Overdue amounts may incur interest at 2.5% per month (or part month) on the outstanding balance, together with any reasonable costs of recovery.

7. Delivery

Delivery timeframes are estimates only and are not guaranteed. We are not liable for delays caused by couriers, customs, suppliers, or other matters outside our reasonable control. You must ensure clear and safe access for delivery. Where you authorise delivery without signature, or to an unattended or common area, you accept the risk of loss or damage from that point.

8. Out of Stock and Backorders

Where Goods are unavailable or on backorder, we will notify you of the estimated availability. You may choose to accept the backorder, request a suitable alternative, or receive a full refund of any amount paid for the affected Goods.

9. Risk and Title

Risk in the Goods passes to you on delivery. Notwithstanding delivery, legal and beneficial title to the Goods remains with Comsys until you have paid in full all amounts owing to us on any account. Until title passes, you hold the Goods as bailee, must store them so they are identifiable as our property, and must not encumber them.

10. Personal Property Securities Act 1999

These Terms create a security interest in the Goods (and their proceeds) in favour of Comsys under the Personal Property Securities Act 1999 ("PPSA") to secure payment of all amounts you owe us. You agree to do all things reasonably required to enable us to register and maintain a perfected security interest. To the extent permitted by law, you waive your right to receive a copy of any verification statement and contract out of the provisions of sections 114(1)(a), 133, and 134 of the PPSA.

11. Returns and Cancellations

This clause applies to change-of-mind returns and is in addition to your statutory rights (see clause 13). Full details are in our Returns Policy.

• Unopened Goods in original, re-saleable condition with all packaging may be returned within 7 days of delivery for a credit or refund.
• All returns require a Return Authorisation (RA) number obtained from our support team before the Goods are sent back. Returns received without an RA number may be refused.
• Returns accepted outside the 7-day window, or for opened Goods, may be subject to a restocking fee of 15–25% (and up to 50% for opened or used Goods), at our discretion.
• Goods must be 100% complete with all original packaging, manuals, accessories, and manufacturer UPC/serial labels intact.
• Software licences, digital products, special-order, custom-configured, and built-to-order items cannot be returned for change of mind. Custom Goods become non-cancellable once production begins.

12. Faulty Goods and Warranty

Goods carry the warranty provided by the manufacturer or distributor, beginning from the invoice date. Except as required by law, we are not bound by any term, condition, or warranty other than that given by the manufacturer. To return a faulty product you must obtain an RA number from us. Return shipping of faulty Goods is your responsibility; we cover the cost of returning repaired or replacement Goods to you, except where the fault arose from misuse, accident, or where the wrong item was returned in error. Warranty does not cover damage from misuse, accident, neglect, or improper operation. See our Warranty Policy for details.

13. Consumer Guarantees Act 1993

Where you acquire Goods or Services as a consumer (of a kind ordinarily acquired for personal, domestic, or household use), the guarantees under the Consumer Guarantees Act 1993 apply and nothing in these Terms limits or excludes your rights under that Act. Where you acquire Goods or Services for the purposes of a trade or business, you agree that the Consumer Guarantees Act 1993 does not apply to the supply, and that it is fair and reasonable to exclude it.

14. Intellectual Property

All intellectual property in our website, content, branding, and materials remains the property ofComsys or its licensors. Goods may be supplied with manufacturer software subject to the manufacturer's own licence terms, which you agree to comply with.

15. Limitation of Liability

To the maximum extent permitted by law, and except in respect of liability that cannot lawfully be excluded (including under the Consumer Guarantees Act 1993 where it applies), our total liability arising from any Order is limited to the price paid for the relevant Goods or Services. We are not liable for any indirect, incidental, or consequential loss, including loss of profit, data, or business interruption.

16. Force Majeure

We are not liable for any failure or delay in performing our obligations caused by events beyond our reasonable control, including natural disasters, fire, flood, pandemic, war, civil unrest, strikes or other labour disputes, supplier or courier failure, power or telecommunications failure, and government action.

17. Default

If you fail to pay any amount when due, breach these Terms, or become insolvent, we may (without limiting our other rights) suspend or cancel undelivered Orders, repossess Goods to which we retain title, require immediate payment of all amounts owing, and recover our reasonable costs of recovery.

18. Restricted Goods

Where Goods are subject to age or other purchase restrictions, you warrant that you meet the applicable requirements. We may decline or cancel any Order that does not comply.

19. Privacy

We collect and handle your personal information in accordance with our Privacy Policy and the Privacy Act 2020. By placing an Order you consent to that handling, which may include credit assessment for business accounts.

20. Governing Law and Disputes

These Terms and any Order are governed by the laws of New Zealand, and you submit to the exclusive jurisdiction of the New Zealand courts. This applies to all Customers, including those in Fiji and the wider Pacific. The parties will use reasonable efforts to resolve any dispute by good-faith negotiation, and through mediation where appropriate, before commencing court proceedings.

21. General and Changes to These Terms

We may update these Terms from time to time by posting the revised version on our website; the version in force at the time of your Order applies to that Order. If any provision is found to be unenforceable, the remaining provisions continue in full effect. Our failure to enforce any right is not a waiver of that right.

22. Contact

Questions about these Terms can be sent to sales@comsys.co.nz.