Governing Law and Jurisdiction
Any dispute arising out of or related to these Policies, Terms and Conditions or the sales transaction between Total Business Technology and Customer shall be governed by the laws of the New Zealand, without regard to its conflicts of law rules. Total Business Technology and Customer consent to the exclusive jurisdiction and the exclusive venue of the Courts of the New Zealand, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, and equity or otherwise, against Total Business Technology that is more than one year after the date of the applicable invoice.
Technical Support
Total Business Technology can offer technical assistance for assembled computer system only. However, we cannot offer advice on compatibility of items, make product recommendations; provide technical support or sales advice. We post all of the information the manufacturer provides us with for your convenience. Please contact the manufacturer directly for accurate answers to your technical questions or for additional information or specifications that are not posted at Total Business Technology.
Auction listings
Total Business Technology strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our Trademe Store. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our Trademe Store is labeled with an incorrect price due to some typographical, informational, technical or other error, Total Business Technology shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from Total Business Technology are provided as resources to customers looking for additional information and/or professional opinion only. Total Business Technology does not assume responsibility for the claims and/or representations made on these or any other websites.
Limitation of Liability
IN ALL CIRCUMSTANCES TOTAL BUSINESS TECHNOLOGY 'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. TOTAL BUSINESS TECHNOLOGY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. TOTAL BUSINESS TECHNOLOGY SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT TOTAL BUSINESS TECHNOLOGY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
Severability
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable New Zealand law.
Waiver
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement
These terms and conditions, together with Total Business Technology's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between Total Business Technology and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Total Business Technology and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.