1. Terms and conditions

1.1 These terms and conditions as amended from time to time ('Conditions') can be found on the Modern Teaching Aids Ltd website at https://www.teaching.co.nz/page/mta-nz-terms ('Website').

1.2 Any order placed with Modern Teaching Aids Ltd CN 306 775 NZ ('we', 'our', 'us' or 'MTA') constitutes your ('you', 'yourself' or 'your') agreement to be bound by these Conditions. Any additional or different terms you state in any communication with us (including any order) are hereby objected to and will not bind us unless we agree in writing.

2. Variation

2.1 MTA reserves the right to amend these Conditions at any time. Any amendments will be effective when we publish the amended Conditions on our Website.

2.2 Your continued use of our Website and your purchase of any goods constitutes an agreement by you to be bound by these Conditions (as amended).

2.3 Each time you place an order with us and on each day during the term of the agreement, you acknowledge either receiving or having the opportunity to review a copy of the Conditions. Please ensure that you check this Website regularly to familiarise yourself with any amendments.

3. Acceptance of orders

3.1 Your placement of an order with us constitutes an offer by you to purchase goods from us on these Conditions. We may accept or reject orders we receive. If we accept the order, a binding contract between you and us will arise on these Conditions ('Contract'). The Contract may be amended only by written agreement between us and you.

3.2 Accepted orders cannot be cancelled without our consent which may be refused or given with conditions.

3.3 The supply of goods is subject to availability. If we are unable to supply all of your order, the Contract continues to apply to any part of the order supplied.

3.4 We reserve the right to suspend or discontinue the supply of goods to you.

4. Price

4.1 Prices for the goods in our hard copy catalogues are correct at the time of publication of the catalogue and are subject to change without notice. All current prices for the goods can be viewed on our Website.

4.2 The price you pay for the goods purchased via the Website will be the price shown on our Website at the time you place an order.

4.3 Unless otherwise agreed by us in writing, prices for the goods will be subject to alteration by us without notice from time to time and quoted exclusive of goods and services tax (GST), and all taxes and delivery costs.

5. Promotions

5.1 In our catalogues, we offer promotional pricing options and are pleased to have been able to hold promotional pricing on a number of key products. We reserve the right to change or cancel promotions at any time.

5.2 Specially agreed customer pricing (including tenders and key accounts) and all promotional discounts, offers and pricing do not compound and single best discount will be applied.

5.3 Special prices, promotions, offers and discounts are for limited periods, subject to availability and otherwise subject to change.

5.4 Discounts, offers and promotions published in our catalogues on MTA's websites and otherwise are not applicable to international orders, orders through re-sellers or consolidators and MTA wholesale orders. Online discounts are not applicable to fax, mail, email or phone orders.

5.5 Only one promotional code can be used per transaction.

5.6 Nett priced items will not be eligible for further discount, promotions or offers. These items have already been discounted and/or nett priced. Nett priced items include all products from the Health Hygiene and Safety category (as identified on our Website), all products from the following brands: RODE, Sphero, Osmo, Tello EDU, Insta360, ClassVR, micro:bit, Logitech, Ozobot, Roli, Rolf Connect, Kai's Clan Jamstik Guitar, Aussie Pods, Texas Instruments, Casio, Sharp, PC Locs, DJI, Lumio by SMART and any additional items identified as nett priced in our catalogues, online and in all other published materials.

5.7 All promotions exclude Empowered Learning Interactive Audio Visual and MTA Online Learning platforms (such as Wushka and ST Maths).

5.8 Additional T&Cs may apply to discounts and promotions.

6. GST

6.1 All goods are sold subject to GST unless the goods are classified as GST exempt.

7. Payment terms - Customers buying through business accounts previously established with MTA

7.1 Unless otherwise agreed by us in writing, the terms of payment for the goods are strictly 30 days from the date of the invoice without deduction or set-off. Time is of the essence. Any payment made by you may be applied by us in any manner we see fit.

7.2 You may pay for the goods by PayPal, Visa, Mastercard, American Express and Zip. If you have an account with us you may also pay by cheque, money order, EFT or BPAY. A surcharge of 1.0% will apply to all PayPal, Zip, Visa and Mastercard card payments (including GST and freight) and a surcharge of 1.5% will apply to American Express payments (including GST and freight). No surcharge will be applied to payments made by cheque, BPay or electronic funds transfer (EFT).

7.3 Invoices will be issued and payable by the due date in respect of every delivery notwithstanding that the balance of the order has not been nor will be delivered for any reason. Where any payment is not made by the due date, we may charge interest on any overdue portion from the date the payment was due until the date payment is made (both dates inclusive) at a rate equal to 3% above the indicator lending rate for the time being advised by Westpac Banking Corporation ('Interest Rate').

7.4 All payments must be made in New Zealand dollars only.

7.5 If we are unable to successfully process payment for your order, then we may reject or cancel your order.

8. Payment terms - Customers buying directly on Website

8.1 For customers buying directly from the Website, you may pay for the goods by Paypal, Visa, Mastercard and American Express. A surcharge of 1.0% will apply to all Paypal, Zip, Visa, Mastercard payments (including GST and freight) and a surcharge of 1.5% will apply to American Express payments (including GST and freight).

8.2 All payments must be made in New Zealand dollars only.

8.3 If we are unable to successfully process payment for your order, then we may reject or cancel your order.

9. Back orders

9.1 Some goods may temporarily be out of stock in which case all back orders of cumulative value equal to or greater than $30.00 will automatically be shipped by us to you once the goods are available, free of any additional freight costs.

9.2 Any back orders with a cumulative value less than $30.00 or any back orders held for longer than 4 months will be deleted and a refund of credit will be provided if pre-payment has been made (MTA's will decide if it is a refund or credit in its discretion).

10. Design Changes

10.1 MTA reserves the right to vary the specifications and performance criteria of any item and to obtain items from different sources in our absolute discretion. We may replace or substitute items without prior notice where we have reasonable grounds for believing that the alternative item is substantially similar to that previously offered or represents an improvement.

11. Delivery

11.1 The delivery fee charged for each order will depend on the type of goods, including the size and weight of the goods.MTA reserves the right to charge for delivery of the goods at any time, notwithstanding that it may not have previously done so. For made-to-order items, new projects, interactive panels and audio visual products, playgrounds, large, heavy or bulky items, items that require instillation, delivery to rural and remote areas and items requiring export, freight and any instillation costs will be charged and these will be quoted separately.

11.2 You acknowledge that any person accepting delivery of your delivery order at the delivery address is authorised by you to receive your order. If no one accepts delivery of your order at the delivery address, we may arrange for delivery at a different time and charge you an additional delivery fee or the delivery may be left at your premises with your approval.

11.3 Risk in the goods passes to you on delivery.

11.4 All quoted delivery or consignment dates are estimates only. We are not obliged to meet such dates and will not be liable to you by reason of delays caused by any reason whatsoever.

12. Return of faulty goods or claims for under delivery

12.1 Our goods come with guarantees that cannot be excluded under the New Zealand Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

12.2 Each item is intended for use for the purposes described and not for any other purpose and all instructions, warnings and limits for use must be followed. Naturally, any item to be used by a child requires careful adult selection and use should be under proper adult supervision. Items must only be used by children of appropriate age. Guidelines are given but the final decision must be made by the selecting adult taking into account the nature of the child concerned.

12.3 MTA offers a minimum 12 month warranty on all products from date of invoice unless stated otherwise. If you notify our Customer Service Team of a fault within 12 months of date of invoice and we accept of your claim, we will, in our discretion, repair or replace the product or provide a refund or a credit note for the amount paid by you. Warranty spare part requests take a minimum 3 weeks dependant on the manufacturer and lead times will be advised on application. Your warranty rights are in addition to your statutory rights as a consumer.

12.4 You should carefully check your delivery to ensure all items match your order and are not damaged, as any claims for incorrect/not ordered items, short supply/deficiency in the quantity of goods, or damaged on delivery must be lodged with our Customer Service Team within 7 days of the date of delivery. If you receive goods in error which were not ordered we require these to be returned and that you notify us within 7 days so we can arrange collection and return of the items. For deficiency claims where we hold a proof of delivery, we may require you to supply a statutory declaration.

12.5 No returned goods will be accepted by us (even if we agree for you to return goods to us at our cost) if they have been tampered with or misused by you or any other person; if they are goods expressly sold on a non-return basis; or if you have not previously notified the Customer Service Team; or if you do not return the goods to us within 30 days of our request for you to return the goods (unless we advise you that you are not required to return the goods to us); or if you have damaged the goods; or if the fault, damage or defect is the result of fair wear and tear. Supporting documentation including proof of purchase and photos supporting the claim will be required and you may need to supply a statutory declaration signed by a justice of the peace. Where any of the conditions for making a claim have not been met, the goods shall be returned to you at your expense.

12.6 For heavy or bulky items which cannot be returned to us, you must permit us to inspect the goods upon request within 30 days of you notifying our Customer Service Team of a fault, damage, defect or non-compliance in the goods. If you do not permit us to inspect the goods, you are deemed to have accepted the goods and are deemed to agree that the goods are not faulty, damaged, defective or non-compliant.

13. Return of goods for change of mind returns

13.1 If you wish to return the goods due to a change of mind, we will provide a refund or a credit note (at our discretion) for the equivalent amount you paid, provided that you notify our Customer Service Team within 7 days of delivery of the goods and that you return the goods in the same condition as they were delivered.

13.2 Returns for change of mind will be at your cost. Alternatively, we can arrange to pick up the returned item from you. This service incurs a mandatory Return Freight and Handling Charge of 20% of the invoiced value.

13.3 We do not accept change of mind returns for books/published materials or for furniture goods.

14. Limitation

All guarantees, conditions and warranties of any type in relation to the goods are excluded to the maximum extent permitted by the law. In respect of goods which are not ordinarily acquired for personal, domestic or household use or consumption, our liability for a breach of any guarantee, condition or warranty implied by law is limited at our option to the repair of goods, or supply of a replacement, or payment of the cost of replacing the goods or of acquiring equivalent goods or payment of the cost of having the goods repaired, or re-supplying any services, or payment of the cost of re-supplying the services.

15. Cancellation of orders

15.1 If you cancel an order of the goods, you will be liable for any loss we incur, including but not limited to any loss of profits and any delivery costs if the goods have already been dispatched.

15.2 If you cancel an order of the goods and the goods have been dispatched, you must return the goods intact, undamaged, and unopened within 30 days of delivery. We will assess the goods before returning them to stock. Once the goods are assessed as being suitable to return to stock, you will receive a credit note to the value of the goods less the costs of testing and recharging of the goods, delivery, credit card surcharge (if applicable) and freight.

15.3 When the goods that are subject to cancellation were paid for by Visa, Mastercard or American Express, we will retain any credit card surcharge amount paid by you. This is used to offset merchant fees from the card companies (which are not refunded to us in the event of order cancellation).

16. Title

Title to the goods passes upon payment of all amounts owed in respect of all goods purchased by you.

17. Use of Goods

17.1 Each item of goods is intended for use only for the purpose described and not for any other purpose. We make no representation as to the fitness of the goods for any other purpose, except for a purpose which you have notified to us in writing, prior to the date of any Contract, and confirmed in writing by us to be applicable.

17.2 Any goods specified as being suitable for use by children requires careful adult selection and use should be under proper adult supervision. Goods must only be used by children of an appropriate age. Whilst we may give guidelines about age suitability, the final decision must be made by the selecting adult taking into account the nature of the child concerned.

18. Termination

18.1 We may terminate the Contract by written notice to you if you fail to perform any of your obligations under the Contract.

18.2 We may terminate the Contract if a receiver, receiver and manager, provisional liquidator or administrator appointed to you or any of your assets or steps are taken to appoint any such persons, or if you are insolvent under any applicable law.

19. Default

If the Contract is ended and you owe us money, the money is immediately payable to us and will incur interest at the Interest Rate. We are entitled to enter your premises and repossess any goods in your possession or control.

20. Assignment

We may assign or otherwise deal with the benefit of any contract made pursuant to the Contract.

21. Copyright and intellectual property

21.1 Our resources (including but not limited to catalogues, Website, text, graphics, logos, icons, sound recordings and software) are owned by us and our licensors ('Resources'). Our Resources must not be copied or reproduced (in whole or in part) in any form without our express permission given in writing.

21.2 You acknowledge that all of the intellectual property rights (including copyright in the Resources or trademarks used in our catalogue or Website) will remain vested solely in MTA or our licensors (as the case may be) and you will not obtain any right, title or interest in the Resources.

22. Privacy policy

We may collect personal information about you and the protection of such information shall be governed by our privacy policy which can be found on our Website at https://www.teaching.co.nz/page/mta-nz-privacy.

23. Website and catalogue

We make no representation or warranty with regard to the accuracy, completeness or suitability of the information in our catalogues and on our Website. You should make your own enquiries to check if the information in our catalogues and on our Website is accurate, complete and suitable for your intended use. Our Website may contain information that includes the views or recommendations of others which are not necessarily our views.

24. Disclaimer

To the maximum extent permitted by law, we shall not be liable for any loss(including without limitation loss of profits or indirect, consequential, special, explementary, punitive loss or damage suffered or incurred by you arising from or in connection with this agreement, your use of our Website or the Resources, or any order for goods even if we are advised of the possibility of such loss or damage.

25. Entire agreement

25.1 Unless agreed otherwise in writing between MTA and you:

(a) the Conditions exclude and supersede all prior discussions, representations and arrangements and any other oral or written terms and conditions; and

(b) in the event of ambiguity, conflict or confusion between any other documents which we agree will form part of the Contract, the terms of the Conditions will prevail.

25.2 This does not apply to any existing written agreement between MTA and you in force prior to the date of the Contract.

26. Severability

If any provision of this Contract is unenforceable, illegal or void, that provision is severed and the other provisions of this Contract remain in force.

27. Notices

Any notice to be given to a party under the Contract must be in writing and must be sent by post or email to the address of that party shown in the purchase order or order acknowledgement. Notice is deemed to have been given at the time it would have been received in the normal course of post if sent by post, or if otherwise given at the time it was actually received.

28. Governing law

This Contract is governed by and must be interpreted in accordance with the laws of New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand.

29. Contact details

Our contact details are as follows:

Modern Teaching Aids Ltd

Postal Address: PO Box 912001, Victoria Street West, Auckland 1142

Free call: 0800 80 80 44

Freefax: 0800 682 329

Website: www.teaching.co.nz

Version updated 18 February 2022