Dell New Zealand Consumer Terms of Sale
PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING YOUR ORDER
Certain laws in New Zealand may impose consumer guarantees and other obligations on Dell New Zealand Limited (“Dell”) in connection with supplies made by Dell under these terms which cannot be excluded, restricted or modified, or only excluded, restricted or modified to a limited extent. These Consumer Terms of Sale (“Terms”) are subject to those laws, including the Consumer Guarantees Act 1993.
Terminology used in these Terms is defined in clause 22 (Definitions).
Unless otherwise specified, these Terms apply to the supply by Dell in New Zealand of Products (including hardware, software, services and/or support) to you (as the Customer) under a Consumer Contract.
2 Additional documents forming part of these Terms
The Terms consist of this document and these other documents:
- Returns Policy: //www.dell.com/learn/nz/en/nzcorp1/policies-returns
- Consumer Service Contracts: //www.dell.com/learn/nz/en/nzcorp1/terms-of-sale-consumer-service-contracts
- Privacy Statement: //www.dell.com/learn/nz/en/nzcorp1/policies-privacy?s=corp
- Terms and Conditions of Service and Support: //www.dell.com/learn/nz/en/nzcorp1/terms-conditions-of-services-support
3.1 By submitting your order, you acknowledge and agree to these Terms.
3.2 Your order is an offer to buy the Product(s) the subject of your order. Dell may send you an Order Confirmation to acknowledge receipt of your order, however Dell does not accept your order until you receive notice from Dell that the Product(s) you have ordered has shipped.
3.3 Dell may process payment for and ship parts of an order separately. Dell reserves the right at any time, even after we send you a confirmation email, to decline or cancel your order or to limit order quantities for any reason, including errors or suspected fraud.
3.4 If we have taken payment from you for your order and we decline or cancel your order for any reason, or limit your order quantities for any reason, we will contact you to offer you a refund of your purchase monies.
3.5 New Dell-branded Products (excluding Dell co-branded products) purchased under these Terms directly from Dell by you may be returned by you up to 15 days from the date of the invoice for a replacement, refund or credit of the purchase price in accordance with Dell's ‘Returns Policy’ (available for viewing at clause 2(a) of these Terms) in effect in New Zealand at the date of the invoice.
3.6 Nothing in clause 3.5 affects any rights that you may have with respect to a faulty Product under Dell's Standard Warranty or any Extended Warranty, or under the Consumer Guarantees Act.
4 Price and Availability
4.1 Prices and promotions are subject to change.
4.2 Dell uses reasonable endeavors to communicate accurate pricing and Product information, however errors may occur. In the unlikely event that an error affects your order, or a Product that you have ordered is no longer available, we will either contact you for instructions or cancel your order and refund any money you have paid for the relevant Products.
5 GST, Taxes and Duties
Unless stated otherwise, all Prices specified on our website are GST inclusive prices but do not include any applicable fees (including delivery fees), taxes or duties.
6 Passing of Title and Risk
6.1 Title to, and risk in, goods (but not services or licensed material) comprising the Product(s) that you have purchase from Dell passes to you when the Product(s) are handed-over by Dell to the transport operator that that will ship the Products to you.
6.2 You are responsible for inspecting the package(s) upon delivery and promptly informing us of any damage to the packaging including, where possible, by taking contemporaneous photos of any damage and noting that damage on the proof of delivery (POD) or other delivery receipt the carrier may ask you to sign. If you take photos of the damage, we may require you to provide them to us so we can address the damage with the carrier.
7.1 All Products that are software are supplied to you subject to the terms and conditions of the licence agreement relating to that software which you will be asked to agree to as part of the installation of that software. The Customer acknowledges its obligations to comply with licence terms.
7.2 The Customer acknowledges that Dell does not make any express warranty in relation to any software under these Terms. In addition to any rights the Customer may have at law, all software is warranted in accordance with the licence agreement that governs its use.
7.3 All rights, title or interest in respect of the intellectual property rights in the software remain with Dell or the licencor of the software at all times.
8 Delivery of goods
8.1 Dell will deliver goods comprising the Product(s) you have ordered and paid for to the Place of Delivery.
8.2 For the efficiency of Dell's production and fulfillment procedures, it may be necessary for Dell to deliver such Products by installments in any sequence. Except as provided in clause 8.4, you may not cancel the Contract where Products are delivered by installments.
8.3 Any dates provided by Dell for the delivery of the Products are estimates only and will not form part of the Contract. Actual delivery date will be affected by factors such as clearance of payment, Place of Delivery location and availability of parts for the Products. For non Consumer Contracts, Dell will not be liable for any delay in delivery of the products and/or services, howsoever caused and for Consumer Contacts Dell will not be liable for any delay in delivery of the Products and/or services which is outside of Dell’s control.
8.4 You may cancel an order for Products purchased under a Consumer Contract if Dell is unable to deliver the Products within a reasonable period from the estimated delivery date specified on the Order Confirmation.
8.5 Dell has a policy of on-going Product update and revision. As a result, Dell may revise and/or discontinue Products at any time without notice.
9 Consent to Communications
9.1 Telephone communications with us, our agents or independent contractors may be monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to such monitoring or recording. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you on that number via text message or telephone, including via pre-recorded or auto-dialed calls. This consent is for non-telemarketing calls only.
10 Back-up of data
10.1 The Products comprise complex items of equipment that may occasionally fail, due to external causes or internal faults. This failure can result in the loss, corruption, deletion or alteration of software or data (including user-generated data).
10.2 Unless you regularly and continually back up all data, software and programs, these may be lost or corrupted in the event of failure.
10.3 You agree to regularly and continually back up all data and software stored on your Products and complete a back-up prior to seeking any general service and technical support from Dell.
11 Use of products
11.1 Dell-branded Products are designed for specific applications and purposes to work under certain operating conditions. These are set out on the Dell website and are provided with the Products.
11.2 Your use of the Product(s) other than in accordance with any manual, operating instructions, specified operating conditions or any other information on the Dell website or as provided with the Product may damage the Product and data stored on it. Such use may adversely affect your rights with respect to repairs and other claims relating to the Product.
11.3 You agree to only use the Product in accordance with any manual and any specified operating conditions.
12 Warranty Against Defects
12.1 Nothing in this clause 12 affects your rights under the Consumer Guarantees Act. You are entitled to a replacement or refund for a major failure and for 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 Unless specified otherwise and in addition to any rights that you may have under statute and subject to this clause 12, Dell warrants to you that Dell-branded Products will be free from defects in materials and workmanship affecting normal use for a period of one year from the invoice date for the Dell-branded Product. This Standard Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorized by Dell, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; Products with missing or altered Service Tags or serial numbers; any attempt by any person other than Dell personnel or any person authorized by Dell, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by Dell.
12.3 During the one year period of the Standard Warranty, Dell will repair or replace Products returned to Dell's facility. Dell will ship the repaired or replacement products to Customer freight prepaid.
12.4 Dell does not give any warranty that Products purchased under a Contract other than a Consumer Contract are fit for any particular purpose.
12.5 The Standard Warranty is given in place of all excludable warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchant-ability, fitness for purpose, satisfactory quality and/or compliance with description. The Standard Warranty applies in addition to all consumer guarantees under the Consumer Guarantees Act.
12.6 The Standard Warranty does not apply to:
- Dell-branded goods purchased in an auction;
- non Dell-branded products, supplied by Dell and forming part of a Product; and
- goods which are not standard Dell assemblies or configurations as defined on Dell's published price list.
12.8 Dell will provide support for non Dell-branded products purchased under a Consumer Contract. Dell does not manufacture its non Dell-branded products, and may not be able to provide repair facilities or spare parts in relation to them. The Customer acknowledges that the reasonable time for Dell to repair non Dell-branded products is longer than the reasonable time for the manufacturer to repair the same product.
12.9 Non Dell-branded products may be accompanied by a manufacturer's standard warranties. You acknowledge and agree that, where support is required in relation to non Dell-branded products, it may be more efficient and expedient to seek support under the manufacturer's standard warranties, at least at first instance.
12.10 With your consent, products presented for repair may be replaced by refurbished goods of the same type rather than being repaired, or refurbished parts may be used to repair the Products. Where a Product is repaired or replaced under the Standard Warranty, the Product will be warranted for the balance of the original Standard Warranty period.
12.11 Products sold through the Dell Outlet New Zealand store are ‘as new’ or refurbished Products (they may be used) and are therefore offered at substantially reduced prices compared to new or custom-built Products. The inventory of these Products changes frequently. Many of these Products are supplied as ‘one-offs’ or are supplied in limited numbers. If such an outlet Product suffers a failure of a ‘substantial character’ under the Consumer Guarantees Act, replacement Products of the same type and similar value may not be reasonably available to Dell. In circumstances where a replacement Product (for an outlet Product that has suffered a major defect) is not reasonably available to Dell, Dell may not be able to offer a replacement Product, and, in those circumstances, Dell will refund the price paid by you for the defective Product in accordance with the Consumer Guarantees Act.
13 Repairs, Service and Support
13.1 The supply to you by Dell of Service and Support is governed by Dell’s Terms and Conditions of Service and Support available at clause 2(e) of these Terms.
13.2 The repair of any Products you have purchased from Dell may result in the loss of any user-generated data. Please ensure that you have made a copy of any data saved on your goods.
13.3 It is your responsibility to back-up all existing data, software and programs to another device or service before receiving any Service and Support (including telephone support) or making any warranty claim or claim under the Consumer Guarantees Act with respect to any Product that you claim is faulty.
13.4 Dell and your third-party service providers are not liable for loss or recovery of any user-generated data, or for loss of use of any third party system(s) arising out of the services or support or any act or omission, including negligence, by Dell or your-third-party service provider.
14 Products presented to Dell or its agents for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods. Parts used in repairing or servicing product(s) may be new, equivalent-to-new or reconditioned.
15 Dell will provide general service and technical support to the Customer in accordance with the Terms and Conditions of Service and Support available at clause 2(e). Service and support offerings may vary from product to product. If Customer purchases optional services and support as listed on Customer's invoice, Dell will provide the optional service and support to Customer in accordance with the then-current terms and conditions in the optional Consumer Service Contract between Dell and Customer (available via the Internet on Dell's Web site at //www.dell.com/learn/nz/en/nzcorp1/terms-of-sale-consumer-service-contracts or upon request) in addition to the Standard Warranty. Dell may, at its discretion, revise its general and optional service and support programs and the terms and conditions that govern them. Dell has no obligation to provide service or support until Dell has received full payment for the Product or service/support contract for which service or support is requested.
16.1 For Products which are not supplied under a Consumer Contract Dell's total liability in respect of each event or series of connected events will not exceed the total price paid for the purchase of products and/or services under these Terms.
16.2 You will indemnify Dell and keep Dell fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of you and any of your employees, agents or sub-contractors in connection with the purchase, use or performance of any Dell products or services.
16.3 To the extent permitted by law, Dell excludes liability for all consequential loss arising out of or in connection with the purchase, use or performance of any products or services by you from Dell, including liability for loss of income, loss of profits, loss of a contract, data loss, loss of goodwill, loss of potential business, or any damage to personal property or any personal injury whether direct or indirect, or any kind, unless such loss could have been expected to result from a failure by Dell to meet a consumer guarantee under the Consumer Guarantees Act and such loss was reasonably foreseeable.
16.4 Any service response times stated by Dell in the service contracts are approximate only. Dell will not be liable for any direct or indirect loss or damage arising from its failure to meet such response times providing, that for services supplied under a Consumer Contract the services are delivered within a reasonable time where there is no agreed date for delivery of those services.
16.5 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Dell will be subject to correction without any liability on the part of Dell.
16.6 In relation to Products supplied to you that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Dell's liability for breach of a guarantee implied into a Contract which cannot lawfully be excluded is limited, at Dell's option, to:
- in the case of Products, the replacement of the Products or the supply of equivalent Products; the repair of such Products; the payment of the cost of replacing the Products or of acquiring equivalent products; or the payment of the cost of having the Products repaired; or
- in the case of services, the supplying of services again, or the payment of the cost of having services supplied again.
17.1 Where Products are purchased by you for business usage, the provisions of New Zealand's Consumer Guarantees Act will not apply.
18 Force Majeure
18.1 Neither party (Dell and the Customer) will be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party will be entitled to a reasonable extension of time for the performance of such obligations.
19 Export Restrictions
19.1 You acknowledge that the Products licensed or supplied under these Terms, which may include technology and software, are not only subject to the export control laws and regulations of the United States (U.S.) but may also be subject to the export control laws and regulations of the country in which the Products are received. You agree to abide by all applicable export control laws and regulations.
19.2 Under such laws and regulations, the Products purchased may not be sold, leased or otherwise transferred to restricted end-users or to restricted countries. In addition, the Products may not be sold, leased or otherwise transferred to, or utilized by, an end-user engaged in activities related to weapons of mass destruction, including but not necessarily limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, or nuclear weapons, missiles or support of missile projects, or chemical or biological weapons.
19.3 You understand that applicable requirements or restrictions may vary depending on the Products delivered and may change over time and that, to determine the precise controls applicable to the Products acquired, it may be necessary to refer to relevant laws and regulations.
20 Privacy laws
20.1 The collection and use by Dell Technologies, Inc. and its worldwide subsidiaries (including Dell) of any of personal information that Dell may collect about you in connection with your use of our websites and purchase of any Products is governed by our Privacy Statement available at clause 2(d) of these Terms.
21 Governing Law
These Terms are governed by and construed in accordance with the laws of New Zealand and are subject to the non-exclusive jurisdiction of the courts of New Zealand.
In this document, these terms have the following meanings (terms used in the additional terms referred to in clause 2 above are subject to their own definitions):
Consumer has the meaning given to that term in section 2(1) of the Consumer Guarantees Act.
Contract means a contract (on these Terms) for sale by Dell to you (as the Customer) of the Products.
Consumer Contract means a contract for the supply of goods or services to a person as a 'Consumer'.
Consumer Guarantees Act means the Consumer Guarantees Act 1993.
Consumer Service Contract means a Contract for the supply of particular Service Offerings purchased by a Customer.
Customer means the individual or legal entity identified in the Dell Quotation, Order Confirmation or tax invoice for the Products ordered by that individual or legal entity.
Dell-branded means computer hardware products that are marked with the Dell brand, including all standard components, but does not include:
- software, sound cards, speakers, external devices, accessories or parts added to the Dell-branded hardware products after they are shipped from Dell;
- accessories or parts added to the Dell-branded hardware products through Dell's Custom Factory Integration Services at the Customer's request;
- accessories or parts that are not installed in the Dell factory; or
- Third Party Products that are software, peripherals, monitors, keyboards and mice, unless they are included on Dell's standard price list.
Dell Quotation means a quotation providing a Price for Products that is provided by Dell for offline orders not made through the Dell website.
Extended Warranty means a warranty against defects that you have elected to purchase from Dell that is in addition to the Standard Warranty.
High Risk Activities means use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, medical life support, mass and air traffic control, weapons systems, life-support machines or any other application in which the failure of the Products could lead directly to death, personal injury or severe physical or property damage.
Order Confirmation means formal acknowledgement of Product ordered by Customer, sent by Dell.
Place of Delivery means the place designated by the Customer and agreed to by Dell for delivery of Product.
Price means the price for a Product specified in the Dell Quotation and/or Order Confirmation and the latter will have precedence in the event of any error in the Dell Quotation.
Products means the goods and/or services specified in the Order Confirmation and may include Dell-branded products, non Dell-branded products and Service and Support.
Service Offerings means the different service options offered by Dell for the Products or any part of them and for varying periods, as described in Dell's published literature, including but not limited to Customer’s invoice and/or Dell’s service descriptions.
Service and Support has the meaning given in Dell’s Terms and Conditions of Service and Support available at clause 2(e) of these Terms.
Standard Warranty means the warranty against defects that comes standard with purchases goods that are Dell-branded Products from Dell, as set out in clause 12.2 of these Terms.
Third Party Products means products other than Dell-branded.
(rev. 1 May 2020)