Terms and Conditions

TEKNIQUE TERMS OF TRADE

  1. APPLICATION

    1. These Terms of Trade apply to every order for hardware products, including associated firmware, software and/or documentation (Products) that you place with Teknique Limited (we, us or our), including through our website at http://www.oclea.com (Website), unless there is a separate written agreement signed by both parties which excludes these terms. If there is such an agreement and it does not exclude these terms, both these terms and the terms of that agreement apply, and the agreement prevails if there is any inconsistency. 
    2. Each order, once accepted by us as set out below, forms a binding agreement on these terms, the terms set out in our quote for those Products (if any) and (if applicable) any other agreement referred to above (Terms).
    3. The Terms apply to the exclusion of any standard or other terms you may have for the purchase of goods.

  2. ORDER ACCEPTANCE

    When you place an order for Products, including through the Website:
    1. you confirm that you are aged 18 years or over and you are legally entitled to purchase those Products;
    2. you are making an offer to buy the Products, and we are not bound by that order until we have accepted it;
    3. our acceptance of your order occurs on the earlier of when we supply the Products to you or notify you by email that we accept your order; and
    4. we can reject an order for any reason. Once accepted, an order cannot be altered or cancelled without our prior written consent.

  3. PRICE AND PAYMENT

    1. The prices for the Products will be as set out on the Website or (if applicable) in a quote. Prices set out in a quote are only valid until the expiry date listed in that quote or, if none is stated, for 30 days from the date of the quote.
    2. If, following your submission of an order or receipt of a quote for the Products, there is a price increase that is beyond our control, we reserve the right to increase the price as we consider necessary.
    3. Unless set out in a quote or we agree otherwise in writing, you must pay the price for the Products plus any applicable freight and insurance charges in full on submission of your order.
    4. Unless stated otherwise, all prices are in US dollars and all payments must be made in US dollars.
    5. Prices exclude sales tax, GST, VAT and taxes of a similar nature (if applicable), which will be added to the price if applicable.

  4. DELIVERY

    1. We will ship the Products to the shipping address stated in the quote or otherwise agreed in writing. Unless otherwise set out in a quote or stated when you place an order through the Website, all Products will be sold and delivered EXW (Incoterms 2020) our premises or our distributor’s or manufacturer’s location.  Where we are arranging shipment, freight and insurance charges will be stated on the Website or in a quote.
    2. Any stated time for delivery is an estimate only. You must accept and pay for the Products regardless of any delay.  We will not be liable for any loss or damage resulting from any delay, however caused.
    3. Title to the Products passes to you on the later of delivery and payment in full for the Products. Risk in the Products passes to you when we ship the Products.

  5. WARRANTIES

    1. We warrant that hardware Products manufactured by us or on our behalf (Teknique Hardware) will:
      1. at the time of delivery, meet the specifications in the quote or otherwise agreed in writing in all material respects; and
      2. for 12 months from delivery, be free from material defects in workmanship and materials.
    2. If the Teknique Hardware does not meet the warranty in clause 1, we will, at our discretion:
      1. replace the Teknique Hardware;
      2. provide you with a credit for the price for the Teknique Hardware, which you can apply against future orders; or
      3. refund the price paid.
    1. Our obligation under this clause 5.2 is your sole remedy against us for breach of warranty.
    2. The warranties in clause 1 are return-to-base. If you wish to make a warranty claim, you must contact us at returns@oclea.com to obtain a return merchandise authorisation (RMA) number.  You will be responsible for all costs of shipping the defective Teknique Hardware to the service location advised by us when you obtain your RMA number and shipping the replacement back to your chosen shipping address. 
    3. The warranties in clause 1 do not apply if the serial number has been removed or defaced, or if a defect is attributable to:
      1. repair or modification by anyone other than us;
      2. handling, storage or use in a manner other than in accordance with our specifications and manuals or not within our reasonable contemplation;
      3. accidental or deliberate damage caused by anyone other than us; or
      4. fire, water or other events outside our control after the date the products are shipped to you.
    4. Products manufactured by third parties are covered by the manufacturer’s warranty (if any). Our entire responsibility in relation to warranties for third party Products is to pass on to the benefit of the manufacturer’s warranties (if any). 
    5. To the maximum extent permitted by law, our warranties are set out in this clause 5 and all other conditions and warranties, including any as to merchantable quality or fitness for purpose (including a particular purpose) are excluded.

  6. INTELLECTUAL PROPERTY

    1. We (and our licensors) own all intellectual property rights in the Products and any accompanying documentation.
    2. Nothing in the Terms acts to assign or licence any of our (or our licensors’) intellectual property rights to you.
    3. Except to the extent expressly permitted by law that cannot be excluded by the Terms, you must not copy, modify, decompile, reverse-engineer, re-sell, sub-license or otherwise deal in the Products without our written consent.

  7. LIABILITY

    1. Our maximum aggregate liability to you in connection with the Products will not exceed the amount paid by you for the Products.  We are not liable to you for any loss of profit, revenue, savings, business, data, goodwill, or any consequential, indirect, incidental or special damage or loss of any kind.

  8. EXPORT CONTROL

    1. You must comply with all applicable export control laws and not export or re-export Products or technical data you receive other than in compliance with the applicable export control laws.  You are responsible for obtaining any required licences to export, re-export or import Products or technical data.

  9. GENERAL

    1. Any waiver by us must be in writing and signed by us.
    2. Any illegality, unenforceability or invalidity of a provision of the Terms does not affect the legality, enforceability or validity of the remaining provisions.
    3. Any variation to the Terms must be in writing and signed by both parties.
    4. The Terms set out everything agreed in relation to the supply of the Products and supersede and cancel anything discussed, exchanged or agreed prior to their start. If there is any inconsistency between the quote and the other Terms, the other Terms prevail.
    5. You must not assign or transfer your obligations without our prior written consent.
    6. The Terms are governed by and interpreted in accordance with, the laws of New Zealand. We both submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to any dispute connected with the Terms.