“All Projectors” means All Projectors Ltd, PO Box 620, Pukekohe, New Zealand. All Projectors Ltd is a New Zealand registered company (2301669).

“ We” means All Projectors Ltd, PO Box 620, Pukekohe, New Zealand. All Projectors Ltd is a New Zealand registered company (2301669).

“Contract” means a contract for sale by All Projectors Ltd to the Customer of the Products incorporating these Terms and Conditions.

“Customer” means the person (legal or natural) who accepts a written quotation from All Projectors Ltd's for the sale of the Products or whose order (written/verbal) for the Products is accepted by All Projectors Ltd.

“Location” means the place where the Products are situated as specified on Customer's packing slip or otherwise agreed.

“Product(s)”means All Projectors Ltd branded product(s) and services and excludes Third Party Products and software sold to Customer pursuant to the Contract as specified on the Customer invoice.

“Price” means the charges for the Products or Services. Prices are given in New Zealand dollars (unless otherwise stated) and will be increased by the amount of GST, other taxes and duties that may be applicable and insurance/freight/handling charges (except to the extent already expressly included in the price).

 “Standard Service Hours” means the hours between 9.00 a.m. and 5.00 p.m. (in New Zealand) each day excluding Saturdays, Sundays and public holidays (in New Zealand). The Standard Service Hours may be changed by All Projectors Ltd without prior notification.

“Third Party Products” means Products not manufactured or assembled or authored by All Projectors Ltd or any of its subsidiary companies and supplied to All Projectors Ltd by third parties for resale by All Projectors Ltd.

 “Standard Warranty” means that products will be free from defects in materials and workmanship affecting normal use but does not cover damage, fault, failure or malfunction
due to: (a) external causes, which includes accident, abuse, misuse, problems with electrical power, servicing not authorized by All Projectors Ltd, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, act of God, fire, flood, war, act of violence or any similar occurrence; (b) normal wear and tear; (c) any attempt by any person other than All Projectors Ltd personnel or any person authorised by All Projectors Ltd, to adjust, repair or support the Products; (d) problems caused by use of parts and components not supplied by All Projectors Ltd; (e) any items that are in one or more of the following categories: software; external
devices; accessories or parts added to the Product after the Product is shipped from All Projectors Ltd; and accessories or parts that are not installed in the All Projectors Ltd workshop.

“ Manufacturers Warranty” means the warranty period and conditions offered by the supplier of All Projectors Ltd.

“Warranty Period” means: (a) in respect of products manufactured or assembled by All Projectors Ltd, two years from the invoice date;or (b) in respect of second hand products, the warranty period agreed between All Projectors Ltd and the customer; or (c) in respect of Third Party products offered and supplied by All Projectors Ltd, the warranty period offered  by the supplier of All Projectors Ltd.

 “Telephone Support” means hardware fault diagnosis provided by All Projectors Ltd over the telephone pursuant to Clause 2.1.1.

“Delivered” means Products/Services delivered by All Projectors Ltd or any freight company appointed by the Customer or All Projectors Ltd.

1 Acceptance
Any goods supplied by All Projectors Ltd to the Customer will be supplied on these terms and conditions only, notwithstanding anything that may be stated to the contrary in the Customer’s inquiries or on the Customer’s orders. No variation or modification of these terms and conditions will be binding on All Projectors Ltd unless accepted by All Projectors Ltd in writing."

2 The Contract
2.1 Goods are offered subject to availability.
2.2 The price quoted is based on rates and charges in effect at the date of quotation. Any difference between these rates and charges, and those in effect at the time of delivery of the goods, will be to the Customer’s account. All prices quoted are exclusive of any G.S.T. G.S.T is payable unless otherwise stated by All Projectors Ltd in writing.
2.3 Purchase orders, once received and actioned, may not be cancelled or varied without the written agreement of All Projectors Ltd.  
2.4 Freight and transit insurance are to the Customer’s account unless specified to the contrary by All Projectors Ltd in writing.
2.5 All orders or accepted quotes for goods must include a date of requirement, or specified time of collection or delivery. All Projectors Ltd will endeavour to meet the date of requirement. If this date can’t be met, Presentation Equipment Supply will provide the customer with an Estimated Time of Arrival (ETA).
2.6 Extra handling charges may apply for any products that are not collected within the agreed time specified.
2.7 The Customer has to notify All Projectors Ltd, in writing, within 7 working days of receiving the product(s) of any defects, missing accessories, damage to packaging and/or Products. Failure to do so will imply that the Customer accepts that the delivery fully complies with the Customer’s order and the invoice from All Projectors Ltd.

3 Payment
3.1 Unless otherwise agreed in writing, the terms of payment are: payment in full in cleared funds on the due date following delivery of the goods (including where goods are delivered by instalments). The due date is mentioned on the invoice.
3.2 The Customer shall pay to All Projectors Ltd all G.S.T. or other value added tax payable on the goods supplied.  Payment shall be due on the date on which payment for the goods is due.
3.3 If the Customer fails to make any payment to All Projectors Ltd by the due date, the Customer shall be liable to pay to All Projectors Ltd an administration fee of NZ$ 30.00 (thirty dollars) plus G.S.T. and a default interest (agreed liquidated damages) on the outstanding amount at a rate of 1.5% per month (compound) from due date onwards above on all monies outstanding from the date that payment is due until the date payment is received in full by All Projectors Ltd. The Customer shall also be liable to pay all expenses and legal costs in relation to obtaining remedy of the failure to comply.
3.4 All Projectors Ltd may refuse to deliver goods if there are any outstanding moneys owing to All Projectors Ltd by the Customer or there is any breach of these terms and conditions.
3.5 The Customer will make all payments due to All Projectors Ltd, whether in respect of the price of the goods or otherwise, in full without deductions of any nature (whether by way of set off, counterclaim or other equitable or lawful claim or otherwise).  All Projectors Ltd may at any time require the Customer to pre-pay for goods upon placing order.

4 Ownership and Risk
4.1 Ownership of the goods supplied by All Projectors Ltd shall remain with All Projectors Ltd and shall not pass to the Customer until all amounts owing by the Customer to All Projectors Ltd in respect of the goods have been paid for in full and all the Customer’s other obligations to All Projectors Ltd in respect of the goods have been met. Until ownership of the goods passes to the Customer, the Customer agrees as follows.
(a) The Customer holds the goods as bailee for and in a fiduciary relationship with All Projectors Ltd. (b) If required by All Projectors Ltd, the Customer must store the goods so that they can be readily identified as belonging to All Projectors Ltd. c) The Customer must keep full and complete records of the goods; d) The Customer must return the goods if requested to do so by All Projectors Ltd following non-payment of any amount owing by the Customer to All Projectors Ltd or non-fulfilment of any of the Customer’s other obligations to All Projectors Ltd, without limiting any other right We may have; (e) The Customer give All Projectors Ltd the right to inspect the goods or any part of them at all reasonable times; (f) The Customer must not change the Customer’s name, address or contact details without providing All Projectors Ltd with at least 30 days prior written notice; (g) The Customer waive The Customer’s right under to PPSA to: (i) Receive a copy of any verification statement; (ii) Receive a copy of any financing change statement; Receive any notice that We intend to sell the goods or to retain the goods on enforcement of the security interest (as defined in the PPSA) granted to EZY Presentations Ltd under these terms and conditions;(iv) Object to Our proposal (if any) to retain the goods in satisfaction of any obligation owed by the Customer to All Projectors Ltd; (v) Receive a statement of account on sale of the goods; Redeem the goods; and Where any good becomes an accession as defined in the PPSA,
apply to the court for an order concerning the removal of the accession; receive notice of removal of the accession; and not have any goods damaged when We remove the accession.
(h) The Customer must not: (i) Give to All Projectors Ltd a written demand, or allow any other person to give to All Projectors Ltd a written demand, requiring All Projectors Ltd to register a financing change statement; or (ii)Lodge a change demand or allow any other person to lodge a change demand, in each case in relation to a financing statement registered by All Projectors Ltd under the PPSA; (i) The Customer must not enter into or accept, or allow any other person to enter into or accept, a financing change statement in relation to a financing statement registered by reference to it under the PPSA; (j) The Customer must not consent to or enter into any agreement which permits any supplier or other person to register a security interest in respect of the goods (whether an accession or otherwise) which ranks in priority to All Projectors Ltd’s rights as first ranking security holder; (k) If the goods have not been paid for in full by the due payment date or are at risk (as defined in PPSA), All Projectors Ltd or their agent(s) may (in addition to All Projectors Ltd’s other rights but subject to the Credit (Repossession) Act 1997) enter The Customer’s premises (or other premises to which The Customer have access and where the goods are stored or where All Projectors Ltd reasonably believe the goods are stored) at any time, without notice, and search for and recover the goods and may resell the goods or retain the goods for All Projectors Ltd’s own benefit, without incurring any liability to The Customer or any person claiming through The Customer. The Customer may not revoke the permission granted in this subclause. (l) Where The Customer provide material to All Projectors Ltd to be processed, then All Projectors Ltd shall have a general and particular lien in respect of those goods for all sums due at any time from The Customer. We may sell or dispose of such goods at The Customer’s expense and without liability to The Customer and may apply the proceeds in or towards such sums.
4.2 The Customer acknowledges that The Customer has received value as at the date of first delivery of the goods and have not agreed pursuant to PPSA to postpone the time for attachment of the security interest (as defined in PPSA) granted to All Projectors Ltd under these terms and conditions.
4.3 Notwithstanding that ownership of any goods may remain with All Projectors Ltd, all risk in respect thereof shall pass to The Customer upon delivery and The Customer shall insure (and keep insured) the goods in The Customer’s and All Projectors Ltd’s name for All Projectors Ltd’s respective interests. Unless otherwise agreed in writing, delivery shall be deemed to be effected upon the transfer of possession of goods to The Customer, the Customer’s agent or the Customer’s representative or the Customer’s carrier at All Projectors Ltd premises. Delivery of goods may be by instalments.

5 Delivery
5.1 If The Customer does not accept delivery of the goods or should All Projectors Ltd withhold delivery pending payment or adequate arrangement as to payment or unloading, delivery shall be deemed to have been made when All Projectors Ltd is or was willing to deliver the goods, and: (a) Without limiting any other right All Projectors Ltd may have, All Projectors Ltd may charge in addition to the price of the goods, reasonable storage and transportation charges; and (b) The Customer shall nevertheless make any payments provided herein upon the basis that such delivery has been affected.
5.2 The Customer will be responsible for providing adequate facilities for unloading and storage of goods at The Customer’s premises unless otherwise agreed in writing. (Where All Projectors Ltd agrees to unload the goods, The Customer will pay All Projectors Ltd any costs we incur as a result (plus G.S.T., if any).

6 Suitability of the Goods
6.1 The goods shall be subject to the (relevant) standard tolerances of the industry as published by All Projectors Ltd or the manufacturer of the products and available on request.
6.2 It is The Customer’s responsibility to ensure that the goods ordered from and delivered by All Projectors Ltd are suitable for the environment in which they will be installed and that the goods are suitable for the treatment or processing required by The Customer. The Customer are also responsible for ensuring that All Projectors Ltd’s advice covering all aspects of correct selection, storage, handling, installation and maintenance of the goods has been complied with.

7 WARRANTY
7.1 Unless specified otherwise, All Projectors Ltd warrants to the Customer that Products are covered by the Standard Manufacturers Warranty during the Warranty Period.
7.2 Repair: During the Warranty Period, All Projectors Ltd will repair or replace Products returned to All Projectors Ltd under the following conditions:
7.2.1 The Customer must prepay shipping and transportation charges, and insure the shipment or accept the risk of loss or damage during such shipment and transportation. All Projectors Ltd will ship the repaired or replacement products to Customer freight prepaid.
7.2.2 The Customer will have to inform All Projectors Ltd of any defect, failure in writing and will have to request a Service Request Form (SRF) and Service Request Number (SRN) before returning any products to All Projectors Ltd.
7.2.3 Products returned to All Projectors Ltd will have to be packed in the original Manufacturer’s packaging (including serial numbers, if applicable), with the SRF and SRN clearly mentioned on the packaging.
7.2.4 Products will not be serviced without a complete SRF and SRN.
7.2.5 Any repairs under warranty will only be provided by All Projectors Ltd in respect of the goods have been paid for in full by the customer and all the Customer’s other obligations to All Projectors Ltd in respect of the goods have been met.
7.3 Parts
7.3.1 The warranty term for a spare part used in repairing Products is 90 days from its installation in the Product or the remainder of the warranty term for the Product into which it is installed, whichever is longer.
7.3.2 All Projectors Ltd owns all parts removed from repaired Products.
7.3.3 All Projectors Ltd may use new and/or reconditioned parts made by various manufacturers in performing warranty repairs and building replacement Products.
7.3.4 For the avoidance of doubt, the Warranty Period of a Product is not extended after its repair or replacement.
7.3.5 Customer will pay All Projectors Ltd for a Replacement Part when the part replaced is not returned by Customer to All Projectors Ltd within 10 days after the date the Replacement Part was delivered to Customer by All Projectors Ltd. Prices of the part replaced will be at All Projectors Ltd’s then current standard price.
7.4 Replacement
7.4.1 All Projectors Ltd reserves the right to replace the whole of the Products or any part or parts thereof which may be found to be faulty or in need of investigation even where only a part of the Products are faulty or in need of investigation.
7.4.2 All Projectors Ltd, in effecting such replacement, is under no obligation to supply Products or any parts thereof, which are identical in all respects to the faulty Products. All Projectors Ltd reserves the right to supply used or reconditioned parts or Products. All Projectors Ltd shall ensure that any Products or parts thereof used in replacement shall have substantially the same fittings and at least an equivalent specification to the faulty Products or parts thereof. All Projectors Ltd reserves the right to supply Products or parts thereof manufactured by whomsoever it shall, from time to time, deem appropriate.
7.4.3 The Products or parts supplied to replace the Products or any part thereof shall become the property of the Customer. The Products or any part or parts thereof removed shall become the property of All Projectors Ltd. Any part or parts removed must be returned to All Projectors Ltd by the Customer within ten (10) days of the replacement.
7.4.4 Where a hard drive is replaced All Projectors Ltd will use its best endeavours to remove all data stored on the hard drive before the hard drive is passed on to any third party.
7.5 Data: Customer shall back up all data stored in the Products to be shipped and remove any removable media, such as diskettes, CDs, DVDs or PC Cards from the Products before returning or submitting the Products for repair or replacement. All Projectors Ltd does not accept any liability for data or software which is lost, corrupted, deleted or altered during repair. Customer accepts full responsibility for Customer software and data and All Projectors Ltd is not required to advise or remind Customer of appropriate backup and other procedures.
7.6 Only Warranty: All Projectors Ltd does not give any warranty that the Products are fit for any particular purpose and the Standard Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest
extent permitted by law.

8 SUPPORT SERVICES
8.1 Telephone Support: All Projectors Ltd shall provide, during the warranty period, Telephone Support for the Customer at no additional charge to the Customer. Free phone available 0800 367 399.
8.2 Remedial Support
During the term of the Warranty Period, upon receipt of notification from the Customer that the Products have failed or are malfunctioning, and in the event that the fault is unable to be rectified using All Projectors Ltd Telephone Support, All Projectors Ltd undertakes to use all reasonable endeavours during the Standard Service Hours to provide support and to make such corrections, repairs or adjustments to or replace such parts of the Products as may be necessary to restore the Products to their proper operating condition. On site support will only be provided where the Location is within the Auckland Territory unless otherwise agreed.

9.1 These Terms and Conditions shall be subject to the Consumer Guarantees Act 1993 ("the Act") unless the Customer is a business or is being supplied by All Projectors Ltd for the purposes of a business, in which event pursuant to section 43 of the Act, All Projectors Ltd and the Customer hereby agree that the Act shall not apply to these Terms and Conditions.
9.2 Under the Act when implied conditions and warranties cannot be excluded, All Projectors Ltd limits its liability as follows:
(a) in case of the Product, to: (i) the replacement of the Product; or (ii) the supply of equivalent Product; or (iii) the repair of the Product; or (iv) the paying of the costs for replacing the Product or requiring equivalent Product;or (v) the payment of the cost of having the Product repaired;
(b) in the case of Services, (i)to the supplying of the Services again; or (ii)the payment of the cost of having the Services supplied again.