Eftpos Systems Limited (trading as Eftpos Systems Limited and EFTPOS Pro)
Last updated: 10 September 2026
These Terms of Trade (“Terms“) apply to all goods and services supplied by Eftpos Systems Limited (“we“, “us“, “our“, “the Company“) through eftposltd.co.nz and eftpospro.co.nz, including EFTPOS terminal sales, merchant account applications, and short-term equipment hire. By placing an order, submitting a merchant application, or hiring equipment from us, you (“you“, “the Customer“) agree to be bound by these Terms.
Where a specific transaction is also governed by a separate signed agreement (for example, our Equipment Rental Agreement for longer-term equipment hire), that agreement takes precedence over these Terms to the extent of any conflict.
1. Application of these Terms
1.1 These Terms apply to all quotes, orders, applications, and agreements made with the Company, whether through our website, by phone, by email, or in person, unless we expressly agree otherwise in writing.
1.2 We may update these Terms from time to time. The version in force at the time of your order, application, or hire booking applies to that transaction.
1.3 These Terms are supplied to businesses in trade. Nothing in these Terms is intended to apply to a customer acquiring goods or services for personal, domestic, or household use.
2. Merchant account applications
2.1 Applications for a merchant account (via eftposltd.co.nz/apply/) are subject to our approval and to the approval of our banking and payment services partners. Submitting an application does not guarantee approval.
2.2 As part of the application process, you must provide accurate and complete information, including identity verification and business documentation, to meet Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT) requirements. We may decline or delay an application where required information is not provided. See our Privacy Statement for how this information is collected, used, and shared.
2.3 Merchant account fees, transaction fees, and any minimum terms will be set out in your merchant agreement or fee schedule provided at the time of approval.
2.4 Where your merchant account involves a direct debit authority, that authority is governed by the direct debit terms provided as part of your application, and by your bank’s own direct debit terms.
3. Sale of equipment
3.1 Prices for equipment listed on our website are in New Zealand dollars and are exclusive of GST unless stated otherwise. GST will be added at the applicable rate. Prices are subject to change without notice until an order is confirmed.
3.2 Payment for equipment purchases is due in full at the time of order unless we have agreed alternative payment terms with you in writing.
3.3 Risk in the goods passes to you on delivery or collection. Title to the goods remains with the Company until payment has been received in full.
3.4 Delivery timeframes provided are estimates only. We are not liable for delays outside our reasonable control.
3.5 Equipment is supplied with the benefit of the relevant manufacturer’s warranty. Faults should be reported to us as soon as reasonably possible so we can arrange assessment, repair, or replacement in line with that warranty.
4. Equipment hire
4.1 Short-term hire (via hire.eftposltd.co.nz / hire.eftpospro.co.nz) is subject to the terms presented and agreed to at the time of booking, including identity verification, delivery/collection arrangements, and rental charges.
4.2 Longer-term or commercial hire is subject to our separate Equipment Rental Agreement, which you will be asked to review and sign before that equipment is supplied. That agreement sets out matters including care of equipment, early termination, and liability for loss or damage, and prevails over these Terms for any hire it covers.
4.3 In either case, hired equipment remains the property of the Company at all times. You are responsible for the equipment from the time it is delivered to or collected by you until it is returned to us in good working order, fair wear and tear excepted.
4.4 You are responsible for the full replacement cost of any hired equipment that is lost, stolen, or damaged beyond fair wear and tear during the hire period, based on the equipment’s replacement cost at the time. You must notify us as soon as reasonably possible if hired equipment is lost, stolen, or damaged, and a lost or stolen terminal must also be reported to Police, with the report reference number provided to us.
5. Payment terms
5.1 We accept payment by the methods stated at the time of your order, application, or booking.
5.2 If a payment is declined, reversed, or fails (including a failed direct debit), we may charge a reasonable administration fee to cover the cost of reprocessing, and may suspend supply of goods or services until payment is received.
5.3 All amounts are in New Zealand dollars and are exclusive of GST unless stated otherwise. GST will be added at the applicable rate where it applies.
5.4 Late payments incur an administration fee of $15.00 plus GST per overdue invoice, and default interest at 1.5% per month (18% p.a.), calculated daily, from the due date until payment is received in full. You will also be liable for all costs of collecting any overdue amount, including debt collection commissions and legal costs on a full solicitor-and-own-client indemnity basis.
6. Consumer Guarantees Act and Fair Trading Act
6.1 Where you are acquiring goods or services from us for the purposes of a business, you agree that the guarantees under the Consumer Guarantees Act 1993 do not apply, and it is fair and reasonable that the parties are bound by this clause, as contemplated by section 43 of that Act.
6.2 To the extent permitted by section 5D of the Fair Trading Act 1986, the parties agree to contract out of sections 9, 12A, 13, and 14 of that Act, on the basis that you are in trade and it is fair and reasonable that the parties are so bound.
6.3 Nothing in this clause limits any guarantee, right, or remedy that cannot lawfully be excluded.
7. Limitation of liability
7.1 To the maximum extent permitted by law, our total liability to you arising out of or in connection with the supply of goods or services under these Terms is limited to the amount paid by you for the goods or services giving rise to the claim.
7.2 We are not liable for any indirect, consequential, or special loss, including loss of profits, revenue, or business, arising from the supply of goods or services, except where such liability cannot lawfully be excluded.
8. Intellectual property
All trademarks, logos, software, and content provided as part of our goods and services remain the property of the Company or our licensors, and nothing in these Terms transfers ownership of that intellectual property to you.
9. Suspension and termination
We may suspend or terminate supply of goods or services, including a merchant account or hire agreement, where you breach these Terms, fail to make payment when due, or where required by a banking or payment services partner for compliance reasons.
10. Notices
Notices under these Terms may be given by email to the address you provided to us, or to the contact address in Section 12 below, and are treated as received when sent, unless we receive notice that delivery failed.
11. General
11.1 Severability — If any part of these Terms is found to be invalid or unenforceable, the remainder continues in full force.
11.2 Governing law — These Terms are governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.
11.3 Entire agreement — These Terms, together with any signed agreement (such as the Equipment Rental Agreement) or fee schedule provided to you, constitute the entire agreement between you and the Company for the relevant goods or services.
12. Contact
Eftpos Systems Limited
6 Highgrove Lane, Totara Vale, Auckland, New Zealand
[email protected]
09-443 1995