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All orders and sales are accepted by DIGIDOG ELECTRONICS LIMITED subject
to the Terms and Conditions set out below. 1. General 2. Prices 3. Ordering 4. Delivery 5. Inspection, Transit Delays and Non-delivery 6. Payment 7. Passing of Risk and Property 8. Product Information and Availability , and Technical Support 9. Warranty 10. Liability 11. Returns of Products Policy 12. Order Cancellations 13. Copyright 14. Privacy and Customer Information 15. Choice of Law and Jurisdiction All orders for products ("Products") or services
("Services") will be accepted by DIGIDOG Electronics Limited ("DIGIDOG ") subject
to these terms and conditions. Any person who places orders for Products or
Services with DIGIDOG ("Customer") is bound by these terms and conditions.
No other terms or conditions will apply to the
supply of Products and Services by DIGIDOG unless they are accepted in writing
by DIGIDOG.
Although every effort is made to ensure the information on this website is kept up to date and accurate, DIGIDOG cannot assume liability for any loss or inconvenience caused by inaccuracies or errors concerning any products or services. For the latest information and confirmation on any goods or services, please contact us and one of our staff members will be pleased to assist. DIGIDOG reserves the right to amend these terms
and conditions at any time. The most current version of these terms and conditions
may be found at the DIGIDOG website on www.digidog.co.nz.
The prices of Products and Services set out in
the Catalogue are current as at the date of the Catalogue. DIGIDOG reserves
the right to change the price of any Product or Service at any time. Non-Catalogue
Products will be sold at the prices set out in the relevant quotation supplied
by DIGIDOG.
All prices specified by DIGIDOG in the Catalogue
exclude GST and the Customer must pay any applicable GST in addition to the
price specified.
DIGIDOG reserves the right to decline to trade
with any company or person. In addition, DIGIDOG may decline to accept any order,
whether or not payment has been received, by giving notice of non-acceptance
to the Customer by facsimile, email or telephone. If DIGIDOG declines to accept
an order where payment has been received, DIGIDOG will refund the payment.
Written confirmation of telephone orders is not
required, unless the Customer collects an order from one of DIGIDOG' trade counters
in which case the Customer must complete a properly authorized written order
at the trade counter.
All Products delivered by courier will normally
only be delivered to the Customer's physical address as notified to DIGIDOG.
The Customer must inspect all orders and Products
supplied as soon as is reasonably possible after delivery and shall, within
10 days of delivery, give written notice to DIGIDOG of the following:
(i) Any defect in a Product that is apparent on
reasonable examination. In this case DIGIDOG shall, at DIGIDOG's discretion,
replace the Product or refund the purchase price in accordance with the Warranty
condition. The Customer must refuse parcels delivered in a damaged condition.
(ii) Any shortfall in Products delivered. In this case DIGIDOG shall, at its discretion, deliver the undelivered Products or refund the price of the undelivered Products. (iii) Any delivery of Products not in accordance with the order. In this case DIGIDOG shall, at DIGIDOG's discretion, replace the Products or refund the purchase price. If the Customer fails to give any such notice,
the Customer will be deemed to have accepted the relevant order as being delivered
in accordance with the Customer's instructions and to have accepted the Products
as being free from all apparent defects.
The remedies set out above are the Customer's exclusive
remedies for non-delivery, late delivery or short delivery of Products, apparent
defects in ordered Products, or delivery of Products not in accordance with
the order. DIGIDOG shall not be liable for any other losses, consequential or
otherwise.
The Customer acknowledges that DIGIDOG is not the
author of any computer software comprised in Products sold by it. Accordingly,
the Customer acknowledges that it is the Customer's sole responsibility to check
(by the application of appropriate diagnostic software) for the presence of
computer viruses in software comprised in Products before such Products are
used or sold.
If DIGIDOG has not granted credit to the Customer,
payment terms are cash with order.
Credit terms (subject to satisfactory references)
are available. If credit has been granted, the Customer must pay the price by
the 30th day of month following the month in which the relevant order is dispatched.
The Customer may use credit cards DIGIDOG chooses
to accept, subject to authorization. Any subsequent refund of orders paid for
by credit card will be made to the relevant credit card account. Cheques and
postal orders must be made out to DIGIDOG Electronics Limited and crossed.
If any sum is not paid on the due date for payment:
(i) All sums then outstanding from the Customer
will immediately become due and payable notwithstanding that such sums would
not otherwise be due until a later date; and
(ii) The Customer will be liable to pay all expenses and legal costs incurred by DIGIDOG in relation to obtaining or seeking to obtain an appropriate remedy. All payments must be made without any set-off,
deduction or counterclaim.
Risk of loss of or damage to ordered Products shall
pass to the Customer at the time of delivery. However, title to and property
in the Products shall not pass to the Customer until all sums due or owing to
DIGIDOG by the Customer on any account have been paid, and until payment the
following provisions shall apply:
(i) Except where full payment is made in cash,
the whole of the price shall not be treated as paid until any cheque or other
instrument of payment given by the Customer has been met on presentation or
otherwise honoured in accordance with its terms.
(ii) If the Customer defaults in the punctual payments of any sum owing to DIGIDOG, then DIGIDOG shall be entitled to the immediate return of all Products sold by DIGIDOG to the Customer in which the property has not passed to the Customer. (iii) The Customer hereby irrevocably authorises DIGIDOG and its employees and agents to recover the Products and to enter any premises of the Customer for that purpose. (iv) Demand for or recovery of the Products by DIGIDOG shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the Products or DIGIDOG's right to sue for the whole of the price. Errors, misprints and omissions (including incorrect prices, descriptions
or specifications for products) may sometimes occur. DIGIDOG does not guarantee
that products and services advertised on our Website will be available when
ordered or thereafter. DIGIDOG makes no warranty that the content of the Website,
including product descriptions or photographs, is accurate or complete.
DIGIDOG may at any time, without any prior notice or liability to any Website user (a) correct any error, inaccuracy or omission; (b) change the products and services available on the Website, or the prices, fees, and specifications of such products and services, or any promotional offers and any other Website content; (c) reject, correct, cancel or terminate any order, including accepted orders, for any reason and (d) limit quantities available for sale. Obligation of technical support is limited to an event the user manual of
the product does not include. DIGIDOG may offer a paid technical support plan
to the Customer. At the sole discretion of DIGIDOG, free technical support by
electronic mail may be offered to specific customers.
For Products: DIGIDOG warrants that if any Product
is defective, it will, at its option, replace or repair the product or refund
the purchase price. This warranty is subject to a claim being made in writing
to DIGIDOG within 12 months of the original date of despatch of the Product,
or such other longer period as may be indicated by DIGIDOG for specific products
from time to time.
For Services, DIGIDOG warrants that if any Service
is defective, it will, at its option, either rectify the Service or supply to
the Customer free of charge a substitute Product in place of the defectively
serviced Product. This warranty is subject to a claim being made in writing
to DIGIDOG within 12 months of the date of the invoice, or such other periods
as may be indicated by DIGIDOG for specific Products from time to time.
These warranties shall not apply to any defect
which arises from improper use, failure to follow the product instructions,
or any repair or modification made without the consent of DIGIDOG. The Customer
must return or dispose of the Products, or make them available for collection
by DIGIDOG, in accordance with DIGIDOG's instructions. If returned they must
be suitably packaged and, where relevant, returned in accordance with any particular
instructions which DIGIDOG may have notified to the Customer at the time of
supply.
Returned Products or parts must be accompanied
by an advice note stating the original invoice number in respect of the Products
and the nature of any claimed defect, together with such further information
as DIGIDOG may at the time of supply have stipulated. Where the Customer returns
Products otherwise than in accordance with these warranty provisions, DIGIDOG
may refuse such Products and return them to the Customer at the cost of the
Customer.
Any Products or parts which are replaced by DIGIDOG
shall become the property of DIGIDOG. Title to replacement Products shall pass
to the Customer on delivery, and the period of the replacement Product's warranty
shall be calculated from the date of despatch of the defective Product.
The remedies set out above shall be DIGIDOG's sole
liability and the Customer's sole remedy for any breach of warranty. Save as
expressly provided in these terms and conditions of sale, all implied warranties,
terms and conditions (whether statutory or otherwise) are excluded to the fullest
extent permitted by law. DIGIDOG will not be liable to the Customer for any
loss of any kind whatsoever which arises out of the breach of implied warranties,
terms or conditions (statutory or otherwise) or breach of any other duty of
any kind imposed on DIGIDOG by operation of law. The Customer acknowledges that
it is responsible for ensuring that the Products and Services it orders are
fit for the purposes for which it intends to use them.
Decisions for the use of Products and Services
remain the responsibility of the Customer and involve subjective knowledge,
which the Customer acknowledges is not available to DIGIDOG. The Customer also
acknowledges that it has not relied on any information or advice given by DIGIDOG
in relation to any Products and Services and that DIGIDOG is not liable for
damage, loss or expense resulting from the failure to give advice or information
or the giving of incorrect advice or information (including, without limitation,
advice or information given or not given by or through the DIGIDOG Technical
Support facility) whether or not due to DIGIDOG's negligence or that of its
employees, agents or sub-contractors.
In no event shall any breach:
(i) of these terms and conditions or any implied
warranties, terms and conditions (whether statutory or otherwise); or
(ii) of any other duty of any kind imposed on DIGIDOG by law arising out of or in relation to the sale of Products or Services, give rise to any liability for punitive damages,
or damages for loss of revenue, loss of profits or expected future business,
damage to reputation or goodwill, loss of any order or contract or any consequential
or indirect loss or damage arising from any cause.
DIGIDOG's liability (if any) to the Customer for
all claims relating to breaches of these terms and conditions or any implied
warranties, terms and conditions (whether statutory or otherwise), or any other
duty of any kind imposed on DIGIDOG by law arising out of or in relation to
the supply of Products or Services or in respect of any defect in the Products
or Services, shall be further limited in 5 times of the amount for the products
and services provided.
The Customer may only return Products to DIGIDOG,
and receive a credit or refund, on the following conditions:
(i) The Customer must return Products to DIGIDOG
in their original condition and in their original packaging within 10 days of
the delivery date stated on the delivery documentation, and must specify the
relevant invoice number.
(ii) The Customer must contact DIGIDOG to obtain a returns number. (iii) Where specific instructions appear in the Catalogue in respect of the return of any Product, the Customer must follow those instructions. (iv) All items affixed or incorporated into the Product by the Customer must be removed from the Product prior to its return to DIGIDOG. (v) All Products are returned to DIGIDOG at the Customer's risk, and DIGIDOG accepts no responsibility for any loss or damage to them or any items received by DIGIDOG with them. (vi) Products must be adequately packed and dispatched freight prepaid, clearly labeled, to P.O.Box 99-535 Newmarket Auckland 1031. Products accepted for return will be credited at
invoice value. DIGIDOG, however, reserves the right to apply a handling charge
of 20% of invoice value.
This returns policy does not apply to and DIGIDOG
is not obliged to accept the return of any videotapes, books, software, Products
bought under Scheduled Orders (see paragraph 2 of Order Cancellations), or non-Catalogue
Products. DIGIDOG may accept the return of test equipment in its sole discretion.
The Customer may not cancel orders once accepted
by DIGIDOG. Any cancellation (or part cancellation) of an order will only be
accepted on DIGIDOG' written consent and the Customer must indemnify DIGIDOG
in respect of any expense incurred by DIGIDOG relating to the cancellation of
any order. In the event of part cancellation of orders based on bulk quantity
pricing, DIGIDOG may invoice the Customer for the difference between the price
for the bulk quantity and the standard pricing if the cancellation results in
the order being classified as a 'non-bulk' order.
The Customer may only cancel or amend Scheduled
Orders (i.e. orders for Products to be delivered periodically over an extended
period of time and which are specifically sourced at such volumes by DIGIDOG
for the Customer) if notice is received in writing at least 14 days prior to
the agreed delivery date.
The Customer acknowledges that DIGIDOG owns the
copyright in the Catalogue, and that its whole or partial reproduction without
DIGIDOG's prior written consent is prohibited.
DIGIDOG may collect personal information about
the Customer or its employees for the purpose of providing the services requested
by the Customer and administering its relationship with the Customer. If this
personal information is not provided then DIGIDOG may not be able to provide
the services requested.
The Customer acknowledges that DIGIDOG may disclose personal information about the Customer or its employees to service agents such as delivery agents or contractors. DIGIDOG may need to disclose, on a confidential basis, the Customer's and its employees' details to organisations working on behalf of DIGIDOG anywhere in the world. In addition, DIGIDOG may disclose personal information where required or authorised by law or if the individual to whom the information relates consents. Private Notice for this website. Any contract between DIGIDOG and the Customer for the supply of Products
or Services shall be governed by and interpreted in accordance with the law
of New Zealand. Each party submits to the non-exclusive jurisdiction of the
courts of New Zealand. However, DIGIDOG may enforce the contract in any court
of competent jurisdiction.
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