Terms and Conditions

Fixxed  agrees to provide you with Products and/or Services on the terms and conditions set out below. Please review our terms and conditions carefully.

    1. Definitions

In this Agreement:

      1. “Assessment Fee” means the fee payable by you, as advised by us from time to time, for the inspection of the Device for Repair where you do not accept the Quote or instruct us to provide Services to you (and includes shipping costs).
      2. “Customer”, “you” and “your” means the person, firm, company or entity purchasing Products and/or Services from us.
      3. “Device for Repair” means a device that is damaged or defective which you require us to repair.
      4. “Fixxed”, “we”, “our” and “us” means Fixxed Limited.
      5. “GST” means goods and service tax as defined in the Goods and Services Tax Act 1985 and any amendment or replacement thereof.
      6. “Order” means in relation to:
        1. Products, any order for the supply by us to you of Products made upon payment of the Price; and/or
        2. Services, any order for repair of a Device for Repair made upon payment of the Price.
      7. “Price” means the price for the supply of Products and/or provision of Services, pursuant to an Order.
      8. “Product” means any product or part sold by us to you pursuant to an Order (including, without limitation, as part of the provision of Services).
      9. “Quote” means a quote for the provision of Services.
      10. “Refund Period” means the period within which you can return a Product for a refund being 90 days from the time you receive the Product.
      11. “Services” means all services to assess a Device for Repair and/or repair a defect in materials or workmanship of a Device for Repair, provided by us to you pursuant to an Order excluding repairs for failure of or incompatibilities with any software or data residing or recorded on the Device for Repair.
      12. “Shipping Address” means the address you specified in the “request a quote” form for delivering a Product or a repaired Device for Repair.
      13. “Validity Period” means the period during which you can accept a Quote being 90 days from the date of the Quote.
      14. “Working Day” means any day of the week other than a Saturday, Sunday or a public holiday (as defined in the Holidays Act 2003) in Christchurch, New Zealand.
    1. Construction of the Contract

Application of terms: These terms and conditions:

        1. apply to any and all:
          1. Quotes given by or on our behalf;
          2. any Order or any other dealings with us;
          3. Products and/or Services provided by us;
        2. replace any previous versions of terms or agreements issued by us, in their entirety;
        3. continue to apply as between us and you where you instructs us to provide you with Products and/or Services and no new agreement is entered into between us and you; and
        4. apply to the exclusion of all and any terms put by or on your behalf to us as part of any Order or Quote.
        5. Terms prevail: To the extent that any Order submitted by you attempts to include terms that are inconsistent with these terms and conditions, those terms will not apply and these terms and conditions will prevail.
        6. Any additional or different terms, included in any document submitted by you will be of no effect unless expressly agreed to in writing by us.

Acceptance of terms: Your acceptance of any Quote or Products and/or Services supplied by us, indicates acceptance of these terms and conditions.

    1. Quote for Services

Request for quote: To request a Quote for Services, you must:

      1. provide a full and accurate description of the issue that is affecting the Device for Repair;
      2. either:
        1. contact us at http://fixxed.co.nz/pages/contact/ and
        2. complete the online “Get Started” form at http://fixxed.co.nz/getstarted; and
      3. deliver, at your cost, the Device for Repair to our Auckland or Christchurch Office, New Zealand.
      4. Status of quote: We will, at our discretion, assess the Device for Repair for any defects (in consideration for the payment of the Assessment Fee where you do not instruct us to provide you with Services). We are not bound to supply you a Quote, Services or the Services at the quoted Price. If we refuse to provide you a Quote, Services or Services at the quoted Price, we will return the Device for Repair to the Shipping Address, at our cost.
      5. No liability: We are not liable to you for any costs, losses, damages and expenses whatsoever you may suffer or incur arising out of or in connection with, directly or indirectly, any errors or omissions in a Quote we prepare in reliance on information you provide us.
      6. Validity of quotes: Quotes are valid for 90 days from the date of the Quote.
      7. Acceptance of quote: To accept a Quote you must pay the Price within the Validity Period in accordance with the payment provisions set out in clause 6.
      8. Non-acceptance of quote: If you do not accept a Quote and do not wish to instruct us to provide you with Services, you must advise us in writing and pay the Assessment Fee. The Assessment Fee is payable within seven days of the date of a Quote. Upon receipt of your payment of the Assessment Fee, we will return the Device for Repair to the Shipping Address.
      9. Abandonment of device: If, within the Validity Period, you:
        1. do not communicate your acceptance or rejection of a Quote;
        2. do wish to instruct us to provide Services but do not pay the Price; or
        3. reject a Quote but you do not pay the Assessment Fee,

 

        you will be deemed to have abandoned the Device for Repair and you authorise us to sell the Device for Repair. If we deem that you have abandoned a Device for Repair, we may sell the Device for Repair in accordance with any applicable provisions of law, and, specifically may sell the Device for Repair by auction to recover the Assessment Fee and any shipping costs. We will send you written notice to the Shipping Address that we consider you have abandoned the Device for Repair, seven days before selling the Device for Repair. We will not be liable to you for any costs, losses, damages and expenses you may suffer or incur arising out of or in connection with, directly or indirectly, the sale of a Device for Repair.
    1. Order for Products
      1. Acceptance of order: We are not obliged to accept any Order for Products and we will not be bound by or be deemed to have accepted any Order if we process your payment, unless we expressly confirm our acceptance of the order in writing.
      2. Cancellation of order for products: If we confirm our acceptance of an Order but we cannot supply the ordered Product, either at all or in the quantities ordered, we will contact you to inform you of the same. If you do not wish to order alternative Products, we will cancel your Order and we will refund to you the Price. You cannot cancel an Order for Products unless we agree subject to you indemnifying us against all actual, prospective, consequential, direct and indirect costs, losses, damages and expenses arising out of or in connection with the Order or the cancellation of the Order.
    2. Prices
      1. Price: Unless otherwise stated, the Price for a Product and/or Service is exclusive and net of any taxes and duties (including, without limitation, any taxes and duties payable in the jurisdiction in which you reside for tax purposes) and goods and services tax or value added tax (if any) and any additional charges (such as shipping costs). You are responsible for payment of all such taxes, duties, goods and services tax or value added tax and any additional charges, in addition to the Price. For the avoidance of doubt, if you are a New Zealand resident purchasing a Product or Service in New Zealand, the amount payable by you will be the Price, any additional charges (including, without limitation, shipping costs), any GST and other taxes and duties (if any).
      2. Variation of Price: We reserve the right to change the Price for a Product displayed on our website at any time and particularly to correct pricing errors that appear on our website. Any change to the Price for a Product will be effective from the date the change is published on our website. We reserve the right to change the Price for Services after we provide you with a Quote but before you accept the Quote, if additional labour or parts are required that were not specified in the original Quote. We will obtain your agreement to the new Price before undertaking any Services.
    3. Payment
      1. You must pay for all Products and/or Services at the time of making your Order. We will not process your Order until we have received your payment in full. You can pay for an Order by credit card or electronic funds transfer.
    4. Delivery
      1. Place of delivery: We will deliver the Products you Order and any Device for Repair that we repair, to the Shipping Address. If you will not be present at the Shipping Address to accept delivery, we recommend you consider having the Product or Device for Repair delivered to an alternative address where you will be available to sign for the delivery of the Product or Device for Repair, or agree for delivery to be made without anyone being required to be at the Shipping Address to acknowledge receipt of delivery. Once your Order has been prepared for delivery or the Product or Device for Repair has been delivered, we are unable to change the Shipping Address. If a Product or Device for Repair is returned to us as undeliverable, we will contact you to make arrangements for reshipment.
      2. Delivery of products: For delivery within New Zealand, Products will be delivered within three Working Days of receipt of your payment. For delivery internationally, Products will be delivered within 14 Working Days of receipt of your payment.
      3. Delivery of repaired devices: For delivery within New Zealand, a Device for Repair will be delivered within three Working Days of completion of repairs. For delivery internationally, a Device for Repair will be delivered within 14 Working Days of completion of repairs.
      4. Deemed delivery: A Product or a Device for Repair will be deemed to be delivered from the time we give possession of the Product or a Device for Repair to a carrier for delivery, whether arranged by us or you.
      5. Cost of delivery: You must pay for the cost of delivery of the Product or the Device for Repair.
      6. Delay in delivery: We will not be liable to you for any costs, losses, damages and expenses you may suffer or incur arising out of or in connection with, directly or indirectly, any delay in the delivery of a Product or Device for Repair.
    5. Title and Risk
      1. Title and risk: Title and risk of loss to a Product will pass to you on delivery. Risk in a Device for Repair will remain with you at all times. For the avoidance of doubt, we will not be liable to you for any costs, losses, damages and expenses you may suffer or incur arising out of or in connection with, directly or indirectly, the Device for Repair being in our possession or control.
      2. Insurance: We will forward the Product or Device for Repair with a carrier uninsured unless you instruct us otherwise. You are responsible for insurance for full replacement value of:
        1. a Product, from the time of delivery; or
        2. a Device for Repair, at all times.
    6. Warranty
      1. We warrant our Products (including Products provided as part of Services) against defects under normal use for a period of three months from the date of delivery of the Product. The benefit conferred by this warranty is in addition to all rights and remedies available to you under any consumer protection laws and regulations applying in respect of the Products and/or Services, including, without limitation, the Consumer Guarantees Act 1993 (NZ).
    7. Services
      1. Title to replaced parts: We will retain any part replaced as part of the Services as our property, and the replacement Product will become your property.
      2. Diagnosis of defect: If we inspect the Device for Repair and determine, in our sole discretion, that:
        1. the Device for Repair is not damaged or defective (including, without limitation, because any failure is due to incompatibility with software or data residing or recorded on the Device for Repair); or
        2. additional labour or parts are required that were not specified in the original Quote and you do not accept our revised Quote,

 

      we will return the Device for Repair to you following receipt of the Assessment Fee.
    1. Completion of repairs: We will use our best endeavours to repair a Device for Repair within seven days of receipt of your payment and will advise you at the earliest possible opportunity if the availability of parts prevents us from doing so.
  1. Refunds
    1. Entitlement for a refund: If you are not satisfied with your purchase of a Product, you have up to 90 days from the date of delivery of the Product to return the Product for a refund (“Refund Period”). You can return a Product for a refund only if:
      1. you apply to us, in writing, for a return materials authorisation (“RMA”), within the Refund Period;
      2. the Product is, as determined by us at our sole discretion:
      3. in its original, undamaged condition; and
      4. is unopened in its original, unmarked packaging; and
    2. you return the Product to us, at your cost, along with the RMA, all accessories, manuals, documentation, and registration that was shipped with the Product, within seven days of the expiry of the Refund Period.
    3. Refund Amount: If you satisfy the conditions in clause 11.1, we will offer you a refund based on your original method of payment.
  2. Defective Products
    1. Consumer protection legislation: The provisions of this clause do not exclude, limit or suspend any rights you may have under the Consumer Guarantees Act 1993 or any consumer protection, laws and regulations applying in your jurisdiction.
    2. Notice of defect: If you consider a Product or Service is defective, you must:
      1. contact us immediately and advise us of the nature of the defect; and
      2. in accordance with our instructions, return the Product or Device for Repair to us, at your cost, along with a full and accurate written description of the issue that is affecting the Product or Service
    3. Remedy: Without limiting your rights under the Consumer Guarantees Act 1993 or any applicable consumer protection laws and regulations, if a Product or Service is in our reasonable opinion, defective, faulty or damaged or does not meet the description, specification or quantity specified in an Order, we will, at our cost:
    4. refund the reasonable cost of returning the Product or Device for Repair to us; and
        either:
      1. repair the Product or Service, using comparable Products, within 10 days of receipt of the Product or Device for Repair in question;
      2. replace the Product, with a comparable Product, within 10 days of receipt of the Product in question; or
      3. refund in full monies paid in respect of the Product or Service, within 10 days of receipt of the Product or Device for Repair in question.
    5. Freight on replacement or repair: We will deliver the repaired Device for Repair or repaired or replacement Product to you, at our cost within 10 days of receipt of the Product or Device for Repair.
    6. Warranty: A replacement or repaired Product assumes the remaining warranty of the original Product, provided under clause 9.1.
  3. Exclusion of Liability
    1. Exclusion of warranties: Except as expressly provided in these terms and conditions all representations or warranties (statutory, express or implied), except any which may not lawfully be excluded, are excluded. For the avoidance of doubt, our liability to you for defective Products or Services shall not exceed our liability under the Consumer Guarantees Act 1993 or any applicable consumer protection laws and regulations, and accordingly, we will not be liable to you for any damages for any loss or damage to you resulting from a breach of a guarantee under the Consumer Guarantees Act 1993 (other than loss or damage through reduction in value of the Product or Device for Repair) which was not reasonably foreseeable as liable to result from the breach of guarantee.
    2. Exclusion of liability: To the extent permitted by law, we and our directors, employees and agents are not liable to you for any inconvenience, claim, loss (including, without limitation, any incidental, punitive or consequential loss, or loss of reputation, use, data, business, revenue, profit, goodwill or anticipated savings), damage (including, without limitation, any damage to any hardware or software), cost (including, without limitation, any costs of recovering, programming, or reproducing any program or data stored or used with a Product or Device for Repair and any failure to maintain the confidentiality of data stored on a Product or Device for Repair), expense or liability suffered or incurred by you arising, directly or indirectly, out of or in connection with, directly or indirectly:
      1. your failure to follow instructions relating to a Product’s use;
      2. you installing, servicing or repairing a Product, or altering or installing parts onto a Product;
      3. the recovery or compromise of or reformatting of contents, data, software, programs, security information or mechanisms or loss of use of equipment arising out of the Services;
      4. installing, servicing, repairing or altering, in any way, a Product by anyone other than us; and
      5. items incorporated in a Product by you.
  4. Acknowledgements
    1. You acknowledge that:
    2. the Services do not include the recovery and reinstallation of software programs and user data;
    3. you will be responsible for reinstalling all software programs, data, security information and passwords onto the Device for Repair or any repaired or replacement Product;
    4. we do not undertake that repair facilities and parts will be available for any Products purchased from us;
    5. all Products are sold “as is” but may be accompanied by their manufacturers’ standard warranties;
    6. any warranty provided by a manufacturer in respect of a Product may become void if you damage the Product or do not use the Product as intended or instructed by the manufacturer;
    7. we do not warrant or represent the suitability of a Product for your use;
    8. you are responsible for ensuring that any instructions, recommended uses, applications and installation methods are followed and any cautions and/or warnings observed;
    9. we will return to you the Device for Repair or any repaired or replacement Product configured as the Device for Repair or any repaired or replacement Product was when originally purchased; and
    10. where any recommendation or advice has been given by or on our behalf, we will not be responsible for the actual implementation of the recommendation or advice or the actions or performance of any party.
  5. Customer’s Obligations
    1. You must:
    2. provide us with reasonable cooperation in relation to the provision of the Products and/or Services;
    3. promptly respond to any reasonable requests for information made by us in relation to the Products and/or Services;
    4. backup all contents, data, software, and programs on the Device for Repair and disable any security information or mechanisms, before sending the Device for Repair to us for Service.
  6. General
    1. Entire Agreement: You agree that:
      1. these terms and conditions constitute the entire understanding and agreement of the parties relating to the matters dealt within it;
      2. we have not made any representations to you; and
      3. these terms and conditions supersede and extinguish all prior agreements, statements, representations and understandings whether verbal or written given by or made between the parties relating to matters dealt within these terms and conditions.
    2. No waiver: No party will be deemed to have waived any right under these terms and conditions unless the waiver is in writing and signed by that party. A failure to exercise or a delay in exercising any right under these terms and conditions will not operate as a waiver of that right. Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in these terms and conditions.
    3. Amendments: No amendment to these terms and conditions will be effective unless it is in writing, signed and confirmed in writing by us. You acknowledge that we may from time to time amend these terms and conditions without prior notice to you. Any amendments will be notified to you by being published on our website. You agree that the amended terms and conditions will be effective upon publication on our website. An amendment of any provision of these terms and conditions will not prejudice or affect any other provision of these terms and conditions.
    4. Severability: Any unlawful or voidable provision in these terms and conditions will be read down so as to be valid and enforceable or, if it cannot be read down, will be severed from these terms and conditions without effecting the validity, legality or enforceability of the remaining provisions, provided the reading down or severing does not materially affect the purpose of or frustrate these terms and conditions.
    5. Survival: Each provision in these terms and conditions survives to the extent unfulfilled, and remains enforceable and does not merge, on performance of another provision.
    6. Governing Law and jurisdiction: These terms and conditions are governed by New Zealand law and the parties irrevocably submit to the exclusive jurisdiction of the New Zealand courts in any proceedings relating to them.