Terms and Conditions

STX Technology Terms and Conditions of Sale – United States

Thank you for choosing STX Technology. These Terms and Conditions govern the sale of our rugged industrial touch computers and related services to business customers. We’ve written them to be clear, fair and easy to understand, so please take a moment to read them.

1. Definitions

STX, we, or us means Solution Tech (N.Z.) Ltd T/A STX Technology, its successors, and assigns.
Customer, you, or your means the business entity purchasing goods or services from us for trade or commercial purposes.
Goods means the rugged industrial touch computers and related products we supply.
Services means any installation, repair, or support services we provide.

2. Acceptance

By placing an order with STX, you agree to these Terms and Conditions, which apply to all purchases by business customers for trade or commercial purposes. As Goods are supplied from New Zealand, these terms are governed by New Zealand Law. These terms apply unless we agree otherwise in writing. No changes to these terms are valid unless signed by our manager or authorised signatory.

3. Product Selection

At STX, we don’t make product recommendations, as you know your environment and needs best. Our team is here to guide you toward products that may suit your requirements, but it’s your responsibility to ensure the product is suitable for your application and intended purpose. We’re happy to share technical details and specifications to support your decision.

4. Pricing and Payment

Price: The price is as stated on our invoice, current price list, or agreed quote (valid for 30 days). Prices exclude taxes and shipping unless specified.
Variations: Any changes to the order scope will be quoted and invoiced as extras.
Deposit: We may require a deposit, as specified in the quote or order.
Payment Terms:

Payment is due on the invoice date unless otherwise stated.
For approved credit accounts, payment is due as specified in your invoice or credit agreement, as agreed with our team.

Overdue Accounts: Overdue payments incur interest at 1.5% per month. If we need to recover outstanding amounts, you agree to cover our reasonable collection and legal costs.

5. Delivery

Delivery Point: Goods are delivered to your specified address or our premises if agreed. Goods are shipped from New Zealand via FedEx or another carrier.
Carrier: Delivery to a carrier counts as delivery to you.
Instalments: We may deliver in instalments, each invoiced separately.
Delays: We aim for prompt delivery but aren’t liable for delays or losses caused by factors beyond our control, including carrier delays.
Shipping Costs: All transportation and insurance costs, along with, import duties, taxes, and clearance costs, will be added to your invoice unless otherwise agreed.

6. Risk and Ownership

Risk: Risk passes to you upon delivery, even if we retain ownership.
Ownership: We retain ownership of the Goods until you’ve paid in full for them and any other amounts owed to us. You hold the Goods as our bailee until payment is complete.
Recovery of Unpaid Goods: If you fail to pay or become insolvent, we may take back unpaid Goods in a fair and lawful manner, with you covering our reasonable costs (e.g., transport or legal fees). If we reclaim Goods, we may sell them at market value. Any surplus after deducting your debt and our recovery costs will be returned to you, along with an account statement.

7. Defects and Returns

Inspection: Check Goods upon delivery and notify us of any defects, shortages, or damage within 7 days.
Returns: We’re here to ensure your satisfaction, but decisions on returns are at our sole discretion. For defective Goods we agree to accept, we’ll repair or replace them (our choice) if:

You notified us within 7 days.
The Goods weren’t misused, improperly stored, or altered.
You return the Goods to our New Zealand service centre at your expense, with original packaging. Contact us for shipping instructions.

Custom Goods: Goods manufactured to your specific requirements are not returnable unless defective or we agree otherwise at our discretion.

8. Warranty

12-Month Warranty: We stand behind our Goods with a 12-month warranty against defects in design, development, or manufacture, starting from delivery. At our sole discretion, we’ll repair or replace defective Goods (our choice) if reported within this period.
Exclusions: The warranty doesn’t cover:

Damage from improper use, maintenance, or failure to follow our guidelines.
Use beyond the specified application.
Continued use after a defect is apparent.
Counterfeit components, fair wear and tear, accidents, or acts of God.

Unauthorized Repairs: Warranty voids if Goods are repaired or altered without our consent.
Third-Party Goods: For Goods we don’t manufacture, the manufacturer’s warranty applies.
Service Repairs: Repairs or services carry a 3-month warranty from completion.
RMA Shipping: You are responsible for all shipping costs for warranty repairs or returns to our New Zealand service centre. Contact us for shipping instructions.
Our Discretion: All warranty decisions, including whether to repair, replace, or reject a claim, are at our sole discretion.

9. Default

We aim to resolve issues fairly. However, if serious defaults occur:

If you:

Fail to pay on time,
Materially breach these Terms (e.g., misusing Goods or failing to maintain our security interest),
Become insolvent, or
Risk our interest in the Goods, we may:

Demand immediate payment of all amounts owed.
Suspend or cancel your credit account.
Charge reasonable administration fees for overdue accounts.
Enforce our rights under section 6 (Risk and Ownership), including recovering unpaid Goods.

10. Intellectual Property

Our Designs: We own the copyright in any designs we create. You may use them only with our permission.
Your Designs: If you supply designs, you warrant they don’t infringe third-party rights, and you indemnify us against claims.
Development IP: We may retain intellectual property developed during custom builds, at our discretion.

11. Cancellation

By Us: We may cancel orders before delivery, refunding any payments. We’re not liable for losses.
By You: You may cancel, but you’ll cover our costs incurred up to cancellation.

13. Privacy

We may collect, use, and share your information in accordance with the US State and Canadian Federal/Provincial Privacy laws, including the California Consumer Privacy Act and Personal Information Protection and Electronic Documents Act. You authorize us to make inquiries with third parties.

14. Limitation of Liability

Our liability is limited to the price of the defective Goods or Services.
We’re not liable for indirect losses (e.g., lost profits) or for any losses/damages beyond our control.
As our Goods are supplied for business purposes, United States and Canadian Provincial Consumer Protection do not apply to these Terms and Conditions.

15. General

Governing Law: New Zealand law governs, and courts in Tauranga have jurisdiction.
Force Majeure: Neither party will be held liable for delays due to acts of God, strikes, or other unavoidable events.
Subcontracting: We may subcontract without your consent.
Errors: We’re not liable for errors from misinterpreting verbal instructions.
Changes: We may update these terms without notice, and updated terms will be available on our website.

If you have any questions, please do not hesitate to contact us