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Terms and Conditions of Sale


Please read below for Active Component's Terms & Conditions and Anti-Bribery and Anti-Corruption Statement


Terms & Conditions of Sale

Formation of Contract


The Active Components website only constitutes an invitation to treat. Ordering goods (in any kind of way) constitutes an offer by the buyer to buy in accordance with these terms and conditions. The seller may or may not accept any buyer’s order for goods that are no longer available at time the order is placed from the buyer. Active Components’ acceptance occurs (and the contract is formed) when the goods are dispatched to the buyer (or back ordered from Active Components’ supplier).


Prices and Terms of Payment

Unless otherwise agreed in writing, payment must be made by the buyer before delivery of the goods. Where goods are not in stock, payment must be made before a back order is made by the buyer, unless otherwise agreed in writing.

If credit is granted by Active Components to the buyer, the buyer shall adhere to the credit terms agreed upon by Active Components.
All payments by the buyer to the seller shall be made in full, free of any deduction, setoff, counterclaim or legal or equitable claim howsoever arising. If the seller fails to make any payment due under this agreement by the due date for payment, then Active Components may, without limiting its other rights in respect of such default:

Stop delivery of the goods.
Charge interest on the amount unpaid at the rate of 15% per annum calculated on a daily basis from the due date for payment until payment in full is received by the seller, such interest being payable by way of liquidated damages and not as a penalty;
Sell the goods at such price and on such terms as the seller shall determine in which case the buyer will be liable to pay to the seller any difference between the amount received from such sale and the amount payable under this contract.
charge against the buyer's credit card, the amount of the payment due.

Active Components’ prices are subject to alteration without notice and the price payable by the buyer for the goods ordered shall be the price ruling at the date the goods are dispatched for delivery to the buyer as stated on the invoice.
The seller's prices are inclusive of GST. Any other taxes, if chargeable, are payable by the buyer whether they are imposed or brought into force before of after acceptance of the buyer's order.


Delivery

Active Components reserves the right to despatch the buyer's order in one delivery or by instalments. Failure to deliver any instalment shall not entitle the buyer to repudiate the contract as to any instalments already delivered. Any quotations of delivery times by Active Components are made in good faith but are estimates and Active Components shall not be bound by such quotation.
Unless otherwise agreed in writing, the buyer shall pay the cost of delivery from the point of despatch of the goods by Active Components.
 

Shortages, Damages or Loss in Transit

Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage in writing within 7 days of the delivery and provides a reasonable opportunity for Active Components to investigate the claim. 

Goods leaving Active Components’ premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:

Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier's note has been received. Should there be a shortage or visible damage to outer packaging the carrier's note must be endorsed accordingly.
Within 7 days of the receipt of consignment the buyer must ensure that all goods received are in good order and condition.
No claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by Active Components, details of any claim should be advised to Active Components.


Return of Goods for Credit or Refund

Goods supplied in accordance with the buyer's order can only be returned with the express approval of Active Components.
Requests to return goods must be submitted within 7 days from the date of supply and the original invoice or order number must be quoted. 

Where goods are accepted (for credit or refund at the Active Components’ discretion) they must be delivered at the buyers expense into the Active Components store in original condition and packaging. The value of any returns (less any restocking fee or fee for repair of any damage) will be held by Active Components for the benefit of the buyer to be credited against the cost of future goods purchased by the buyer. No cash refund will be given.  

Active Components reserves the right to levy a restocking fee against any returns they may agree to accept. Such fees may be up to 15% of the invoice priced and levied at Active Components’ absolute discretion.


Technical Information

All specifications, drawings, illustrations, or other details of the products listed in the website may be subject to change. Active Components does not take responsibility for notification of product changes made by a product’s manufacturer.

The information contained in the website is intended to give a general idea of the products listed and Active Components does not guarantee that such information is accurate, complete or correct. Active Components shall have no responsibility or liability whatsoever in connection with any information provided or the customer’s reliance on such information. The customer is solely responsible for analysing and determining the appropriateness of any information provided by Active Components.


Active Components Liability and Maintenance Guarantee

1. The buyer shall ensure that the goods ordered are fit and suitable for the purpose for which they are required and Active Components is under no liability if they are not.

2. Subject to clause 3 Active Components’ liability in respect of any defect or failure of the goods or for any loss, injury or damaged attributable thereto is limited to the extent of clause 4. Active Components shall not be liable to the buyer or any third party whether in tort or contact or in negligence or otherwise for any direct or consequential loss or damage attributed to defects in the goods nor in respect of conditions or warranties whether expressed or implied by statute or at common law or otherwise.

3. Where the buyer does not acquire the goods or hold itself out as acquiring the goods, for the purposes of a business then these conditions must be read subject to the provisions of the Consumer Guarantees Act 1993 which shall have full force and effect notwithstanding any contrary or inconsistent provision in these conditions. The Consumer Guarantees Act 1993 will NOT apply if the buyer acquired, or held itself out as acquiring the goods for the purposes of a business.

4. The goods are warranted against faulty manufacture or materials for 6 months from the date of purchase. Within the specified period Active Components or its agents will repair or replace (at their discretion) any defect due to faulty manufacture or materials. This warranty does not apply to any part of the goods which has been subject to misuse, neglect, alteration, incorrect installation or incorrect application, accident and to damaged caused by transportation, flood, fire or acts of God. The seller's liability under this warranty is limited to repairing or replacing a part without charge. The warranty is dependent upon inspection by Active Components (or their nominated specialist) determining the defect in manufacture or materials. The buyer shall be responsible for ensuring that adequate and appropriate Electro Static Discharge (ESD) control protection is used when in contact with the goods.

5. Active Component’s liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that Active Components has no liability to any purchaser of the goods from the buyer in that the buyer's rights under the contract are not assignable without prior written consent from Active Components.


Property and Risk

Risk (including insurance responsibility) shall pass to the buyer on collection of the goods by the buyer, on the delivery by Active Components, by the source to the buyer or his agent, or to a carrier for delivery to the buyer.

Ownership of all goods sold by Active Components is retained by Active Components until full payment is received for amounts owing in respect of all goods supplied. This provision is deigned to protect Active Components in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.

Until full payment is made the buyer agrees to:

- Enable the goods to be readily identifiable as the property of Active Components.
- Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by Active Components.
- On a sale or other realisation of the goods the buyer shall identify and separately account for the proceed of sale.


Force Majeure

Active Components shall not be liable to the buyer for any loss or damage or indirectly arising out of or in connection to any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the control of Active Components.


Disputes and Law

Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.
The contract including these terms and conditions of sale shall be governed by New Zealand Law.


Active's Anti-Bribery and Anti-Corruption Statement

Active Components (NZ) Limited fully support TRACE’s mission of raising anti-bribery compliance standards worldwide. We say no to bribery and corruption, both in New Zealand and abroad. 

We do not engage in bribery and corruption activities such as bribery, extortion, kickbacks, secrete commissions etc. We obey all domestic and international laws.

TRACE International is an anti-bribery compliance support organization, to make compliance with international anti-bribery regulations more practical and cost-effective for multinational companies and their global business partners. Please see further details in their website www.traceinternational.org. So as a company, Active Components do not condone and will not deal with any suppliers involved in any form of corruption or illegal activities.