Moboplus
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Returns

 
Returns, Cancelled orders and Refund
  • All goods to be returned must have a Goods Return Authority issued by us. The issue of a Goods Return Authority does not guarantee that we will accept the return. We reserve the right to refuse to refund if you change your mind.
  • Where a faulty product is returned and you have requested a Goods Return Authority within 7 working days of dispatch, and the returned product has not been used or opened or otherwise deemed unsalable by us you will be credited in full unless the return is due to an error by us. Freight charges will not be credited under any circumstances.
  • Faulty goods will be subject to the normal return procedures for the specific brand being returned.
  • Non-faulty product will require a Goods Return Authority, must be in saleable condition, and will be subject to a minimum 10% restocking fee. Freight charges will not be credited under any circumstances.
  • You will be liable for all delivery and insurance charges incurred in respect of returned goods.
Risk and ownership
  • Risk of any loss, damage or deterioration of or to the goods passes to you on delivery.
  • Ownership of the goods remains with us and does not pass to you until you pay all amounts you owe to us or resell the goods in accordance with these terms.
  • While ownership of the goods remains with us:
  • You must store them separately or clearly identify them as belonging to us.
  • We authorize you in the ordinary course of your business to use the goods or sell them for full consideration. This authority is revoked from the earlier of the following:
  • we deem your credit to be unsatisfactory; the occurrence of an Event of Default; or the time that we notify you in writing that this authority is revoked.
  • We can enter the premises where the goods are stored and remove them without being responsible for any damage caused in doing so. We can resell any of the goods and apply the proceeds of sale in reduction of amounts you owe to us.
  • If you resell or use the goods before ownership of the goods has passed to you, the proceeds of such sale or use shall be received and held by you (in whatever form) in trust for both you and us. Our interest as beneficiary under that trust shall be that portion of the proceeds which does not exceed all amounts you owe us. You will be entitled to the balance of the proceeds.
  • We can bring an action for the price of the goods sold even where ownership of the goods may not have passed to you.
Guarantees
Where the Consumer Guarantees Act 1993 (“Act”) applies: If the goods are acquired by you for business purposes you agree that the Act does not apply.
If you on-supply goods you must: do so on the basis that the Act does not apply where the goods are on-supplied for business purposes; and notify consumers that neither we nor any manufacturer undertake that repair facilities or spare parts will be available.
You acknowledge that no Express Guarantees (as defined in the Act) are provided.
If a claim is made directly against us by a consumer under the Act then you will refund to us the amount of any damages (up to the value of the margin you made on the goods in question) we are required to pay to that consumer under the Act.
Nothing in these terms is intended to have the effect of contracting out of the provisions of the Act except to the extent permitted by the Act.
Except as otherwise required or prevented by law or except as expressly provided under these terms, we are not liable for any claim in relation to any goods we supply to you (including as a result of negligence or otherwise) and all representations, guarantees, warranties and terms of whatever nature (including fitness for purpose) are completely excluded.
 
Repairs and replacements
 
We do not undertake that repair facilities and parts will be available for the goods. We will not be liable to repair or replace any defective goods and at our own discretion we may: notify the manufacturer of the goods of any defect notified by you; and request the manufacturer to repair or replace any defective goods.
 
Default
  • If you do not pay the price by due date, we may charge a default penalty at a rate of 2.5% per month calculated on a daily basis on the unpaid portion of the price from the due date until payment in full, plus any GST.
  • You will, on demand, pay to us any amount we incur (including solicitors’ and collection agency costs, court costs and disbursements) in recovering payment of any overdue account.
  • If an Event of Default occurs, we may suspend or terminate any contract with you.
  • If an Event of Default occurs, all amounts you owe us shall immediately become due and payable notwithstanding that the due date has not arisen.
  • An “Event of Default” means an event where:
  • You fail to comply with the terms of any contract with us; or
  • You commit an act of bankruptcy; or
  • You enter into any composition or arrangement with your creditors; or
  • If you are a company:
  • You do anything which would make you liable to be put into liquidation; or
  • A resolution is passed or an application is made for liquidation; or
  • A receiver or statutory manager is appointed over all or any of your assets.
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