All sales made by Hardware Hub trading as HD NET LTD to its customers are subject to these terms and conditions. Customer's acceptance of these terms and conditions shall be made by either (i) Customer ordering online via Hardware Hub’s website or (ii) Customer’s acceptance of any Product from Hardware Hub, whichever occurs first. These terms and conditions shall apply to sales of all products described on Hardware Hub’s website including special order products except as otherwise noted below (“Product”). The term “Special Order Product” as used herein shall mean products that are not listed in Hardware Hub’s current product listing or have been configured to Customer’s specifications.
Prior to placing an order, Customer must have an active Hardware Hub account and Customer’s account must be current and in good standing. Customer must provide Hardware Hub with complete Product order information as required by Hardware Hub. The Product order information will include without limitation the (i) Product description, (ii) unit, quantity, (iii) Hardware Hub product code current unit price as provided by Hardware Hub,and (v) correct shipping address. Customer personnel will identify, for each Product order, the ship-to destination as either Customer, Customer’s customer, or to some other specified third party. Customer shall not disclose any confidential information when ordering from Hardware Hub. Customer may place orders over telephone, via an online trading platform e.g. TradeMe and via Hardware Hub’s online website only. Hardware Hub will have no obligation to confirm the validity of any order placed or the authority of the person placing an order in this manner. Customer will disclose its Hardware Hub customer number only when requested by authorised Hardware Hub personal. Hardware Hub’s acceptance of any order from Customer is limited to these terms and conditions in their entirety without addition, modification, or exception. Any additional or different terms in Customer’s purchase order or submitted by Customer in any form are hereby deemed to be material alterations hereto and notice of objection to them is hereby given. Orders for direct shipment to Customer’s customers or Special Order products require prepayment and may be subject to additional fees i.e. freight charges. Hardware Hub will have no obligation to hold Product for future sale to Customer if Customer’s order is incomplete, on hold, or if Customer does not confirm it within 48 hours of notification from Hardware Hub that backordered Product is available for shipment.
All Product pricing, description and availability information (“Information”) provided by Hardware Hub, in any form, is the property of Hardware Hub. If Hardware Hub provides Information to Customer electronically, Customer agrees to update such Information regularly to ensure its accuracy. Customer agrees to hold in confidence and not to directly or indirectly use, reveal, report, publish, disclose or transfer to any other person or entity any of the Information or utilize the Information for any purpose except as permitted herein.
ALL INFORMATION IS PROVIDED TO CUSTOMER “AS IS.” HARDWARE HUB HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, RELATING TO INFORMATION INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
All prices are subject to change without notice and will be established at time of order acceptance by Hardware Hub. Order acceptance and sale by Hardware Hub occurs at time of shipment. Prices for backordered Products are not guaranteed. Additional fees may apply in accordance with Hardware Hub’s policies in effect on the date of shipment.
3. SHIPMENT AND DELIVERY
All Product shipments will be made FOB origin. For Products owned by Hardware Hub, title and risk of loss will transfer to Customer upon Hardware Hub tendering the Product for delivery to the carrier. Hardware Hub will ship Products using Hardware Hub’s carrier of choice in accordance with shipping policies at the time of shipment.
Additional fees and charges may also apply. If Customer requests Hardware Hub prepay and bill Customer for freight charges, Customer agrees that Hardware Hub retains the right to choose the carrier. Customer shall examine all Products upon receipt and shall notify Hardware Hub, as specified herein, of all discrepancies and refusal to accept delivery of purchased Product. Such notice shall be reasonably detailed and explain the discrepancy or why the purchased Product was refused. If Customer does not give Hardware Hub such notice as stated herein, Customer agrees that such Products have been accepted by Customer as of the date of shipment.
4. CREDIT AND PAYMENT TERMS
Customer agrees that Hardware Hub shall have the right to decline to extend credit to Customer and to require that the applicable purchase price be paid prior to shipment. Customer shall not deduct any amounts owing from any Hardware Hub’s invoice without Hardware Hub’s express written approval, which approval shall be contingent upon Customer providing all supporting documentation for such deduction as required by Hardware Hub. Payment of one invoice through multiple money orders, Bank Transfers or Cash will not be permitted. Hardware Hub shall have the right to decline to payment in the form of a Cheque, Hardware Hub reserves the rights to allow particular Customers to pay via cheque when the account is deemed to be in good standing. Hardware Hub retains (and Customer grants to Hardware Hub by submitting a purchase order) a security interest in the Products to secure payment in full, and Customer agrees to execute any additional documents necessary to perfect such security interest. If Customer fails to make timely payment of any amount invoiced hereunder, Hardware Hub shall have the right, in addition to any and all other rights and remedies available to Hardware Hub at law or in equity, to immediately revoke any or all credit extended, to delay or cancel future deliveries and/or to reduce or cancel any or all quantity discounts extended to Customer. Customer shall pay all costs of collection including reasonable attorneys’ fees. Any obligation of Hardware Hub under these terms and conditions to deliver Products on credit terms shall terminate without notice if Customer files a voluntary petition under a bankruptcy statute, or makes an assignment for the benefit of creditors, or if an involuntary petition under a bankruptcy statute is filed against Customer, or if a receiver or trustee is appointed to take possession of the assets of Customer.
When you place orders on www.hardwarehub.co.nz, your transactions are encrypted using Secure Sockets Layer (SSL) encryption technology, the industry standard in e-commerce transaction security. Encryption scrambles the information transmitted across the Internet, including your credit card number, name and address. SSL also verifies the identity of the server and confirms that the original message arrives safely at its destination.
Product warranty, if offered, are provided for a period of up to 6 months for all items listed with a warranty stated on the invoice, our warranty is from the date of invoice and are RTB (Return to base, Items must be returned to the location of choosing by Hardware Hub). The warranty item will either be replaced with the same or similar item,refunded in full less a restocking fee of 10% or provided as a credit note valid for use on products within Hardware Hub’s onsite stock less a restocking fee of 10%.
6. PRODUCT RETURNS
If an item arrives DOA (Dead On Arrival) within 3 days of shipment being signed for, the item will need to be RTB (Returned to Base) at Hardware Hubs cost, a replacement item with the same specifications will be couriered out to the orginal delivery address as listed on the invoice.
Hardware Hub do not allow “Change of mind” as an acceptable reason to return a product. When an item is as expected and specified at the time of placing the order.
All sales are final and it is at the descresion of the Customer to determine that the product is suitable and fit for requirements prior to the placement ofan order. Sole responsibility sits with the Customer.
Defective Product Returns - Defective returns are only for Products purchased from Hardware Hub that are inoperable or do not function in accordance with the specifications published and covered under the Hardware Hub’s warranty. Customer may request an RMA for the return of defective Products, excluding Special Order Products, within 6 calendar months of invoice date. Upon receipt of the defective Product for which the RMA was issued, Hardware Hub may test the Products and may return to Customer, at Customer’s expense, any Products found not to be defective. Upon verification that the returned Product is defective, Hardware Hub may, at Hardware Hub’s sole discretion, either (i) ship Customer a replacement Product, or (ii) provide Customer a credit equal to the lesser of the Product’s invoice price. Hardware Hub shall not be obligated to repair, replace, or issue credit to Customer for Products rendered defective, in whole or in part, by causes external to the Products, including, but not limited to, catastrophe, power failure or transients, overvoltage on
interface, environment extremes, improper use, maintenance or application of the Products or use of unauthorized parts. Customer shall bear all risks of loss when returning defective Products.
7. BILLING AND SHIPPING DISCREPANCIES
Billing and shipping discrepancies are for Products purchased from Hardware Hub that were invoiced or shipped incorrectly. These include lost shipments, short shipments, wrong sales, wrong shipments and pricing/invoice errors.Customer may request an RMA for verified billing and shipping discrepancies within thirty (30) calendar days of invoice date. In addition, Customer must notify Hardware Hub of any billing discrepancies related to Customer’s authorized returns within ninety (90) calendar days of RMA date. Such notice shall be reasonably detailed and shall specify the
discrepancy. Failure to give such notice within the time specified herein shall be deemed a waiver of Customer’s rights to claim such discrepancy.
8. LIMITATION OF LIABILITY
Hardware hub shall not be liable to customer for any loss, damage, or injury that results from the use of the product or service.
In no event shall hardware hub be liable to customer or any other party for indirect, special or consequential damages, including, but not limited to loss of good will, loss of anticipated profits, or other economic loss arising out of or in connection with hardware hub’s breach of, or failure to perform in accordance with any of these terms and conditions. In no event shall hardware hub have any liability for any products used for aviation, medical, lifesaving, life-sustaining or nuclear applications.
11. RELATIONSHIP OF THE PARTIES
Customer’s relationship with Hardware Hub will be that of a client. Customer will not have, and will
not represent that it has, any power, right or authority to bind Hardware Hub, or to assume or create any obligation or responsibility, express, implied or by appearances, on behalf of Hardware Hub or in Hardware Hub’s name,. Nothing stated in these terms and conditions will be construed as constituting Customer and Hardware Hub as partners or as creating the relationships of employer/employee, franchisor/franchisee, or principal/agent between the parties. Customer will make no warranty, guarantee or representation, whether written or oral, on Hardware Hub’s behalf.
All notices, requests, demands, and other communications that either party may desire to give the other party must be in writing and may be given by (i) personal delivery to an officer of the party, (ii) mailing the same by registered or certified mail, return receipt requested, or via nationally recognized courier services to the party at the address of such party as set forth herein, at the official corporate address of such party, or such other address as the parties may hereinafter
designate. Notices to Hardware Hub shall be sent to: Hardware Hub, 7e Douglas Alexander Parade, Rosedale, Auckland, New Zealand, Attn: Hardware Hub Legal Department.
These terms and conditions, as published on Hardware Hub’s Web site located at www.hardwarehub.co.nz at the time of
sale, are the official terms and conditions of sale between Hardware Hub and Customer and may be amended from time to time without notice at Hardware Hub’s sole discretion.