SMARTMATE CHARGE PROGRAMME TERMS AND CONDITIONS
- The Customer has an Account with the Home Store. The Home Store and Customer have agreed for the Customer to have access to the SmartMate Charge Programme.
- By the Customer activating its Cards the Customer agrees to be a member of the SmartMate Charge Programme and agrees to the following Terms that shall apply to the supply and purchase of Goods under the SmartMate Charge Programme. These Terms are in addition to the terms of the Customer’s Account with the Home Store and in so far that these Terms are inconsistent with the terms of the Customer’s Account, these Terms prevail.
- Mitre 10 may vary these Terms at any time by publishing the varied terms on Trade Hub. Goods supplied to the Customer under the SmartMate Charge Programme after the date of the publication of the varied terms will be subject to the variation and the subsequent use of the SmartMate Charge Programme shall be deemed to be an acceptance of such varied Terms.
- It is the Customer’s responsibility to ensure that all Authorised Purchasers are aware of, and comply with their obligations under these Terms.
- Any issues, queries or request that the Customer has regarding the SmartMate Charge Programme must be directed to the Customer’s relationship manager at its Home Store.
CARD AND PIN USAGE
- The Home Store will issue the Cards to the Customer for distribution to its Authorised Purchasers. Additional Cards can be requested from the Home Store.
- The Customer is responsible for setting up and maintaining its Authorised Purchasers, Cards and PINs.
- Only the Authorised Purchaser is permitted to use their allocated Card.
- The Authorised Purchaser must keep its PIN confidential. If an Authorised Purchaser suspects that someone knows or may know the PIN, they must advise the Customer immediately.
- The Customer is required to deactivate the Card and/or change the PIN through the Trade Hub immediately if a: (a) Card is lost or stolen; (b) Card has been used without consent; (c) PIN becomes known to someone else; or (d) record of a PIN is lost or stolen.
- The Card remains the Home Store’s property and the Customer must return, destroy or deactivate its Cards if directed by the Home Store.
IDENTIFICATION AND VALIDATION
- Goods will only be supplied to the Customer under the SmartMate Charge Programme at an Away Store when the Authorised Purchaser presents its Card, PIN and the Account has been validated.
- The Account will not be validated if: (a) the Card has expired (if the Card has an expiry date); (b) the Authorised Purchaser cannot provide a valid PIN; (c) the Customer has reached the account credit limit on its Account set by the Home Store; (d) the Authorised Purchaser has reached its credit limited set by the Customer; (e) the Authorised Purchaser has reached the transaction limit by the Customer; or (f) the Customer has been removed from the SmartMate Charge Programme.
- If the Account cannot be validated the POS operator will advise the Authorised Purchaser that “permissions have been exceeded” and the Goods will not be supplied.
- If the Account cannot be validated due to clause 8 the Customer will need to contact the Home Store or their company manager who can manage these matters via Trade Hub.
- The Home Store may supply Goods to an Authorised Purchaser without a Card and/or PIN and/or if the SmartMate Charge Account cannot not be validated, if (in its sole discretion) the Home Store determines that the Authorised Purchaser has authority to obtain the Goods on behalf of the Customer.
PURCHASING & DELIVERY
- The SmartMate Charge Programme allows the Customer to collect Goods from a Home Store or an Away Store and be invoiced for such Goods by the Home Store on the terms of its Account with the Home Store.
- At an Away Store an Authorised Purchaser is unable to: (a) make online orders via Trade Hub; (b) make telephone orders; (c) arrange delivery of Goods; and (d) pay any invoices or Account balances due to the Home Store.
- Risk of any loss, damage or deterioration of or to the Goods passes to the Customer when the Customer takes possession of the Goods from an Away Store.
- At a Home Store an Authorised Purchaser may (subject to its relevant to permissions/delegated purchasing rights and the terms of the Customer’s Account): (a) purchase in store (b) make online orders (via Trade Hub); (c) make telephone orders; and (d) arrange delivery of Goods.
RETURNS AND CREDITS
- The Customer must endeavour to return the Goods supplied under the SmartMate Charge Programme to its Home Store. Returns made to the Customer’s Home Store will be processed at the Home Store’s discretion in accordance with the terms of the Account.
- If the Customer cannot return the Goods to the Home Store the Customer may return Goods to an Away Store. Returns will only be processed by an Away Store if an Authorised Purchaser presents the Card and PIN.
- The Customer should liaise with its Home Store regarding any returns to be made under the SmartMate Charge Programme to an Away Store.
- No cash returns are permitted for Goods purchased using the SmartMate Charge Programme.
VALUE & PRICE
- Customers will be charged for all Goods supplied under the SmartMate Charge Programme in accordance with its pricing matrix under its Account which is maintained and managed by the Home Store.
- The Customer can access its pricing matrix information on Trade Hub and acknowledges that its pricing matrix information is not visible to an Away Store.
- Any queries regarding the Customer’s pricing matrix must be made to its Home Store.
- The Customer acknowledges that: (a) to access clearance and/or promotional prices in an Away Home Store it must purchase the Goods directly from the Away Store (outside of the SmartMate Charge Programme); and (b) the cost of any Goods supplied under the SmartMate Charge Programme will be charged in accordance with the price specified in the Home Store (and its pricing matrix) even if an Away Store has a different price for the same goods.
- The Home Store will establish, set and maintain the account credit limit.
- The Customer can elect to establish a transactional credit limit for each Authorised Purchaser.
- Notwithstanding any other Term the Customer acknowledges that the Home Store in its sole discretion reserves the right to apply stop credit to its Account and/or Authorised Purchasers.
- The Customer can maintain and manage its Authorised Purchaser’s transaction limits and view the Customer’s credit limit balances on Trade Hub.
- Mitre 10 or the Home Store may without notice to the Customer: (a) terminate the SmartMate Charge Programme; or (b) remove the Customer from the SmartMate Charge Programme.
- The Customer can terminate its participation in the SmartMate Charge Programme on notice to the Home Store and by deactivating its Cards in Trade Hub.
- If the SmartMate Charge Programme is terminated, the Customer is removed from the SmartMate Charge Programme or the Customer removes itself from the SmartMate Charge Programme, the Customer will be liable for all transactions made up to such time as its Cards have been deactivated and any outstanding amounts owing on the Account will immediately become due and payable from the effective termination date.
EXCLUSION OF LIABILITY
- The Home Store will not have any liability or responsibility to the Customer arising out of unauthorised usage or transactions on the Account under the SmartMate Charge Programme.
- The Customer accepts liability and responsibility for all transactions made on its Account under the SmartMate Charge Programme, regardless of whether an Authorised Purchaser completed the transaction and/or the Customer has authorised said purchase or not, including but not limited to: (a) any transactions made at an Away Store using a Card and PIN; and (b) any transactions made at a Home Store using such authentication that the Home Store, in its sole discretion, determines as sufficient.
- Without prejudice to the remedies available to the Home Store, Away Store and Mitre 10 under the SmartMate Charge Programme and Account, the Home Store, Away Store and Mitre 10 shall be under no liability whatsoever to the Customer and/or Authorised Purchaser in respect of any loss or damage arising directly or indirectly out of a Home Store and/or an Away Store: (a) refusing to accept a Card; (b) not proceeding to process a transaction under the SmartMate Charge Programme; (c) the malfunction of any IT infrastructure including Point of Sale, computer terminal or any associated software (d) the use of a Card by an un-authorised purchaser; and (e) any injury to the Customer’s character and/or reputation alleged to have been caused by the refusal of the Home Store or an Away Store to accept the Card or proceed to process a transaction.
- To the maximum extent permitted by law, neither the Home Store, Away Store or Mitre 10 will be liable for any loss or damage suffered by the Customer, including lost profits or special, indirect, or consequential damages, whether foreseeable or unforeseeable, that may arise out of, or in connection with, the SmartMate Charge Programme, regardless of whether such loss or damage is based in contract, tort, warranty, negligence, strict liability, product liability or otherwise.
- The failure to insist upon strict performance of any provision of these Terms, shall not constitute a waiver thereof and shall not cause a diminution of the obligations established by these Terms.
- The illegality, invalidity or unenforceability of a provision of these Terms will not affect the legality, validity or enforceability of another provision.
- Account means the credit account the Customer holds with the Home Store on the terms and conditions agreed between the Customer and Home Store.
- Authorised Purchaser means a purchaser who is authorised by the Customer to make purchases under the SmartMate Charge Programme on the Customer’s Account.
- Away Store means the Mitre 10 store (other than the Home Store and excluding any Mitre 10 stores that choose not to participate in the SmartMate Charge Programme) that the Customer collects Goods from under the SmartMate Charge Programme.
- Card means the SmartMate Charge card issued by Home Store to the Customer for distribution to its Authorised Purchaser’s to make purchases on the Customer’s Account under the SmartMate Charge Programme and includes any such medium of the Card which can be validated by a Home Store or an Away Store under the SmartMate Charge Programme.
- SmartMate Charge Programme means the programme established by Mitre 10 and managed by the Home Store which allows certain credit account customers of a Home Store to purchase Goods from their Home Store but collect the Goods from an Away Store.
- Customer means the legal entity that holds the account with the Home Store.
- Goods means any goods or services purchased under the SmartMate Charge Programme.
- Home Store means the Mitre 10 Store that the Customer has its credit account with.
- PIN means the 4 digit pin number allocated to the Card.
- Mitre 10 means Mitre 10 (New Zealand) Limited and includes any successors or assigns.
Headings used do not form part of these Terms and are for convenience only.
References to the singular include the plural and vice versa.