1. General

 

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.

 

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.

 

2. Prices

 

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.

 

3. Ordering

 

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.

 

4. Delivery

 

All Products delivered by courier will normally only be delivered to the Customer's physical address as notified to DIGIDOG.

 

5. Inspection, Transit Delays and Non-delivery

 

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.

 

6. Payment

 

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.

 

7. Passing of Risk and Property

 

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.

 

8. Product Information and Availability , and Technical Support

 

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.

9. Warranty

 

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.

 

10. Liability

 

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.

 

11. Returns of Products Policy

 

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 our address.

 

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.

 

12. Order Cancellations

 

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.

 

13. Copyright

 

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.

 

14. Privacy and Customer Information

 

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.