1. Definitions
1.1) “Contract” means the terms and conditions contained herein, together with any Quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
1.2) “Seller” means NZ Photographic Supplies Limited T/A Auckland Camera Centre, its successors and assigns or any person acting on behalf of and with the authority of NZ Photographic Supplies Limited T/A Auckland Camera Centre.
1.3) “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting the Seller to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
(a) If there is more than one Client, is a reference to each Client jointly and severally; and
(b) If the Client is a partnership, it shall bind each partner jointly and severally; and
(c) If the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
(d) Includes the Client’s executors, administrators, successors and permitted assigns.
1.4) “Goods” means all Goods or Services supplied by the Seller to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.5) “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
1.6) “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer.
1.7) “Price” means the Price payable (plus any Goods and Services Tax (“GST”) where applicable) for the Goods as agreed between the Seller and the Client in accordance with clause 6 below.
2. Acceptance
2.1) The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Goods.
2.2) In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
2.3) Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
2.4) The Client acknowledges that the supply of Goods on credit shall not take effect until the Client has completed a credit application with the Seller and it has been approved with a credit limit established for the account.
2.5) In the event that the supply of Goods request exceeds the Clients credit limit and/or the account exceeds the payment terms, the Seller reserves the right to refuse delivery.
2.6) Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any Regulations referred to in that Act.
3. Finance
3.1) If this Contract is conditional upon the Client obtaining capital funding from a financial institution then they shall provide the Seller with written confirmation of the loan approval within five (5) working days of the date of signing this Contract.
3.2) In the event any such loan application is declined then the Client shall have the right to withdraw from this Contract subject to the Client providing the Seller with written evidence within five (5) working days of the date of signing this Contract that the loan was declined. Upon receipt of such evidence the Seller shall refund the Client any deposit paid less any expenses incurred by the Seller for any Services performed to date.
3.3) In the event that the Seller is to organise such funding as stated in clause 3.1 then in accordance with the Credit Contracts and Consumer Finance Act 2003 a separate Contract independent of these terms and conditions must be completed for the purpose of the Contract of sale.
3.4) Nothing in this Contract is intended to have the effect of contracting out of any provisions of the Credit Contracts and Consumer Finance Act 2003 where whichever may apply.
3.5) Finance companies we are in partnership with and support in-store or online for purchases are Credit capable, Q-Card / Q-Eftpos & Zip.
4. Errors and Omissions
4.1) The Client acknowledges and accepts that the Seller shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
(a) Resulting from an inadvertent mistake made by the Seller in the formation and/or administration of this Contract; and/or
(b) Contained in/omitted from any literature (hard copy and/or electronic) supplied by the Seller in respect of the Services.
4.2) In the event such an error and/or omission occurs in accordance with clause 4.1, and is not attributable to the negligence and/or wilful misconduct of the Seller; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid.
5. Change in Control
5.1) The Client shall give the Seller not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address and contact phone or fax number/s, change of trustees or business practice). The Client shall be liable for any loss incurred by the Seller as a result of the Client’s failure to comply with this clause.
6. Price and Payment
6.1) At the Seller’s sole discretion the Price shall be either:
(a) As indicated on any invoice provided by the Seller to the Client; or
(b) The Price as at the date of delivery of the Goods according to the Seller’s current price list; or
(c) The Seller’s quoted price (subject to clause 6.2) which will be valid for the period stated in the quotation or otherwise for a period of seven (7) days.
6.2) The Seller reserves the right to change the Price:
(a) If a variation to the Goods which are to supplied is requested; or
(b) If a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or
(c) Where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, change of design, availability of components, delays in sourcing components, etc) which are only discovered on commencement of the Services; or
(d) In the event of increases to the Seller in the cost of labour or materials (including but not limited to overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges) which are beyond the Seller’s control.
6.3) At the Seller’s sole discretion a non-refundable deposit may be required.
6.4) Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the Seller, which may be:
(a) On delivery of the Goods;
(b) Before delivery of the Goods;
(c) By way of installments/progress payments in accordance with the Seller’s payment schedule;
(d) For certain approved Clients, due twenty (20) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
(e) The date specified on any invoice or other form as being the date for payment; or
(f) Failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Seller.
6.5) Payment may be made by cash, electronic/on-line banking, credit card (a surcharge per transaction may apply), or by any other method as agreed to between the Client and the Seller.
6.6) The Seller may in its discretion allocate any payment received from the Client towards any invoice that the Seller determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Seller may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Seller, payment will be deemed to be allocated in such manner as preserves the maximum value of the Seller’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
6.7) The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Seller nor to withhold payment of any invoice because part of that invoice is in dispute.
6.8) Unless otherwise stated the Price does include GST. In addition to the Price, the Client must pay to the Seller an amount equal to any GST the Seller must pay for any supply by the Seller under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
7. Descriptions of Goods
7.1) While the Seller endeavours to provide accurate descriptions of Goods, the Seller cannot warrant that the description is accurate. The Seller shall reserve the right to correct any error or omission should they become aware of any such inaccuracy.
7.2) Any image provided by the Seller is for illustrative purposes only, and the Seller cannot guarantee that the image shall reproduce in true colour or that the image will reflect or portray the full design or options relating to the Goods.
8. Orders for Goods
8.1) The Seller supplies and dispatches Goods to Clients within New Zealand only.
8.2) The Seller endeavours to ensure that the product list is current; however the Seller gives no undertaking as to the availability of any advertised Goods.
8.3) The Seller’s advertised price list can be accessed from the home page of the Seller’s website and reserves the right to amend the Price at any time.
8.4) When the Client places an order with the Seller, the Client is required to provide their name, address for delivery, email address, telephone contact and credit card details. The Seller undertakes to take due care of this information; however in providing the Seller with information the Client accepts that the Seller is not liable for its misuse due to error in transmission or virus or malware.
8.5) The Client accepts that by placing an order by credit card or debit card with the Seller for the first time, the Seller may ask the Client to verify ownership of the card by doing a security check.
8.6) The Seller undertakes to accept or reject the Client’s order within seven (7) days. Where the Seller has not responded within that timeframe, the offer is deemed to be rejected. The Seller is not required to give any reason for rejecting any offer to purchase however the most likely reason for any rejection will be due to current stock unavailability.
8.7) Where the Client has submitted an order, that order cannot be cancelled even if the Seller has yet to accept or reject the offer.
8.8) The Seller does not deliver to PO Boxes or Private Bags.
8.9) Delivery for ordered Goods will be set out in the Seller’s terms of use on the Seller’s website.
9. Delivery of Goods
9.1) Delivery (“Delivery”) of the Goods is taken to occur at the time that:
(a) The Client or the Client’s nominated carrier takes possession of the Goods at the Seller’s address; or
(b) The Seller (or the Seller’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.
9.2) At the Seller’s sole discretion the cost of delivery is either included in the Price or is in addition to the Price.
9.3) The Seller may deliver the Goods in separate installments. Each separate installment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
9.4) Any time specified by the Seller for delivery of the Goods is an estimate only and the Seller will not be liable for any loss or damage incurred by the Client as a result of delivery being late. However both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties. In the event that the Seller is unable to supply the Goods as agreed solely due to any action or inaction of the Client, then the Seller shall be entitled to charge a reasonable fee for redelivery and/or storage.
10. Risk
10.1) Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
10.2) If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.
10.3) If the Client requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.
10.4) The Client acknowledges that the Seller is only responsible for parts that are replaced by the Seller and does not at any stage accept any liability in respect of previous services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure, the Client agrees to indemnify the Seller against any loss or damage to the Goods, or caused by the Goods, or any part thereof howsoever arising.
11. Title
11.1) The Seller and the Client agree that ownership of the Goods shall not pass until:
(a) The Client has paid the Seller all amounts owing to the Seller; and
(b) The Client has met all of its other obligations to the Seller.
11.2) Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
11.3) It is further agreed that until ownership of the Goods passes to the Client in accordance with clause 11.1:
(a) The Client is only a bailee of the Goods and must return the Goods to the Seller on request;
(b) The Client holds the benefit of the Client’s insurance of the Goods on trust for the Seller and must pay to the Seller the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;
(c) The Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for the Seller and must pay or deliver the proceeds to the Seller on demand;
(d) The Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of the Seller and must sell, dispose of or return the resulting product to the Seller as it so directs;
(e) The Client irrevocably authorises the Seller to enter any premises where the Seller believes the Goods are kept and recover possession of the Goods;
(f) The Seller may recover possession of any Goods in transit whether or not delivery has occurred;
(g) The Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the Seller;
(h) The Seller may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.
12. Personal Property Securities Act 1999 (“PPSA”)
12.1) Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that:
(a) These terms and conditions constitute a security agreement for the purposes of the PPSA; and
(b) A security interest is taken in all Goods and/or collateral (account) – being a monetary obligation of the Client to the Seller for Services – that have previously been supplied and that will be supplied in the future by the Seller to the Client.
12.2) The Client undertakes to:
(a) Sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Seller may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
(b) Indemnify, and upon demand reimburse, the Seller for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;
(c) Not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of the Seller; and
(d) Immediately advise the Seller of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
12.3) The Seller and the Client agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
12.4) The Client waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
12.5) Unless otherwise agreed to in writing by the Seller, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.
12.6) The Client shall unconditionally ratify any actions taken by the Seller under clauses 12.1 to 12.5.
12.7) Subject to any express provisions to the contrary (including those contained in this clause 12), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
13. Security and Charge
13.1) In consideration of the Seller agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
13.2) The Client indemnifies the Seller from and against all the Seller’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Seller’s rights under this clause.
13.3) The Client irrevocably appoints the Seller and each director of the Seller as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 13 including, but not limited to, signing any document on the Client’s behalf.
14. Defects and Returns
14.1) The Client shall inspect the Goods on delivery and shall within Twenty-Four (24) hours of delivery (time being of the essence) notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Seller has agreed in writing that the Client is entitled to reject, the Seller’s liability is limited to either (at the Seller’s discretion) replacing the Goods or repairing the Goods.
14.2) Goods will not be accepted for return other than in accordance with 14.1 above, and provided that:
(a) The Seller has agreed in writing to accept the return of the Goods; and
(b) The Goods are returned at the Client’s cost within seven (7) days of the delivery date; and
(c) The Seller will not be liable for Goods which have not been stored or used in a proper manner; and
(d) The Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
14.3) The Seller undertakes to exchange any undamaged Good purchased from the Seller provided it is returned unused and unopened with proof of purchase within seven (7) days of purchase, however the Seller shall not provide any refund for such purchase. Where undamaged Goods are returned for exchange, the Seller does not refund any packing and postage charges incurred by the Client. Return of undamaged Goods for exchange is at the risk and cost of the Client.
14.4) Due to copyright regulations, the Seller does not accept opened software. A minimum twenty-five percent (25%) restocking fee is charged on unopened software except Adobe software which attracts a minimum fifty percent (50%) restocking fee due to it being a special-order item.
14.5) Where the Goods are being returned because of change of mind then a restocking fee will be charged at a rate of ten percent (10%) for unopened goods within 14 days.
14.6) The Seller does not take responsibility if the Goods are returned in a damaged condition. Components at risk of damage from freighting should be bubble wrapped and returned in the original static bags.
14.7) Special orders, Special Order Items, Non-stocklist items, ordered specifically for the client’s specifications and requirements are under no circumstances acceptable for credit or return.
14.8) If you have an item that has arrived faulty and is within the 7 day DOA (Dead on Arrival) period, you must submit a Return Request (RMA) by emailing [email protected] prior to any item being returned. Please make sure to give us full details of the fault with serial numbers so we can process the RMA quickly. A Auckland Camera Centre representative will contact you and provide you with return instructions via E-mail. Auckland Camera Centre will process the claim and have the courier company collect the goods from your delivery address once the above is complete.
15. Hardware Compatibility
15.1) The Seller is not responsible for the compatibility and/or hardware configuration of the Client’s components. Due to the different configurations, the Seller does not guarantee a component works with the Client’s system. The Seller endeavours to provide as much information on each component as possible but the final decision is the Client’s to verify it works on their system. If the component is incompatible it does not mean it is faulty.
16. Warranty
16.1) Subject to the conditions of warranty set out in clause 16.2 the Seller warrants that if any defect in any workmanship of the Seller becomes apparent and is reported to the Seller within twelve (12) months of the date of delivery (time being of the essence) then the Seller will either (at the Seller’s sole discretion) replace or remedy the workmanship.
16.2) The conditions applicable to the warranty given by clause 16.1 are:
(a) The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) Failure on the part of the Client to properly maintain any Goods; or
(ii) Failure on the part of the Client to follow any instructions or guidelines provided by the Seller; or
(iii) Any use of any Goods otherwise than for any application specified on a quote or order form; or
(iv) The continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) Fair wear and tear, any accident or act of God.
(b) The warranty shall cease and the Seller shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Seller’s consent.
(c) In respect of all claims the Seller shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim.
16.3) For Goods not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
16.4) To the extent permitted by statute, no warranty is given by the Seller as to the quality or suitability of the Goods for any purpose and any implied warranty, is expressly excluded. The Seller shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.
16.5) The conditions applicable to the warranty given on Goods supplied by the Seller are contained on the “Warranty Card” that will be supplied with the Goods.
16.6) In the case of second hand Goods, the Client acknowledges that full opportunity to inspect the same has been provided and accepts the same with all faults and that no warranty is given by the Seller as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Seller shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.
16.7) Faulty items are either repaired or replaced with an identical product.
17. Consumer Guarantees Act 1993
17.1) If the Client is acquiring Goods for the purposes of a trade or business, the Client acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by the Seller to the Client.
18. Intellectual Property
18.1) Where the Seller has designed, drawn or developed Goods for the Client, then the copyright in any designs and drawings and documents shall remain the property of the Seller. Under no circumstances may such designs, drawings and documents be used without the express written approval of the Seller.
18.2) The Client warrants that all designs, specifications or instructions given to the Seller will not cause the Seller to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify the Seller against any action taken by a third party against the Seller in respect of any such infringement.
18.3) The Client agrees that the Seller may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which the Seller has created for the Client.
19. Default and Consequences of Default
19.1) Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
19.2) If the Client owes the Seller any money the Client shall indemnify the Seller from and against all costs and disbursements incurred by the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Seller’s collection agency costs, and bank dishonour fees).
19.3) Further to any other rights or remedies the Seller may have under this Contract, if a Client has made payment to the Seller, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Seller under this clause 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.
19.4) Without prejudice to the Seller’s other remedies at law the Seller shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Seller shall, whether or not due for payment, become immediately payable if:
(a) Any money payable to the Seller becomes overdue, or in the Seller’s opinion the Client will be unable to make a payment when it falls due;
(b) The Client has exceeded any applicable credit limit provided by the Seller;
(c) The Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(d) A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
20. Cancellation
20.1) Where the Client has submitted an order and paid, that order cannot be cancelled even if the seller has yet to accept or reject the offer. In some cases orders may be able to be cancelled however this varies on a case by case / product by product basis and in relation to our supplier. In some cases orders may be able to be cancelled and refunded however in other cases they may not or may be subject to a 10% restocking fee.
20.2) Without prejudice to any other remedies the Seller may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions the Seller may suspend or terminate the supply of Goods to the Client. The Seller will not be liable to the Client for any loss or damage the Client suffers because the Seller has exercised its rights under this clause.
20.3) The Seller may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice the Seller shall repay to the Client any money paid by the Client for the Goods. The Seller shall not be liable for any loss or damage whatsoever arising from such cancellation.
20.4) In the event that the Client cancels delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by the Seller as a direct result of the cancellation (including, but not limited to, any loss of profits).
20.5) Cancellation of orders for Goods made to the Client’s specifications, special orders, special order items or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.
20.6) If the client has a change of mind after placing an order and it has not processed / shipped and would like Auckland Camera Centre to cancel the order:
(a) Auckland Camera Centre can cancel most orders that have not been processed. Please note, there will be restocking fees of 5% if Long / Short term finance options have been used as a payment method.
(b) Long / Short term finance options include Credit Capable Finance and Flexirent. Restocking fees might still apply even though the order has not been processed / shipped / delivered by Auckland Camera Centre.
(c) The following orders cannot be cancelled: Auckland Camera Centre Custom Built or Ready to Ship computers, Laptops, Special Orders, Software, items that have been ordered from overseas.
(d) Paypal order cancellations – Orders that are refunded for any reason paid by Paypal will excluded the Paypal fee portion of the original payment (3.5%). Paypal refunds will be made by direct bank transfer, if the funds are to be sent overseas the funds sent will be in New Zealand Dollars and any fees will be deducted from the amount transfered regardless of any international conversion rates.
(e) If an order is cancelled whereby either a deposit or payment is made by international bank transfer. Auckland Camera Centre reserves the right to transfer back the original amount of NZD (New Zealand Dollars) received less any fees. That are required to be paid for the funds to be returned to the nominated bank accound. Auckland Camera Centre is not liable for any fees or fluctuations in currency exchange rates resulting in a lesser amount being returned.
21. Security Check and online account verification
21.1) Auckland Camera Centre may request that you provide an Authorisation code or complete alternative methods of verifying your identity when placing phone, online or remote location order with us. Once an online order is placed, if required you will be sent information how to complete this process. Generally, this only needs to be completed once. Future orders will be dispatched without this process needing to take place.
22. Payment methods
22.1) Auckland Camera Centre accepts Cash, VISA and Mastercard, Q-Card, Q-Eftpos, Credit capable finance or Zip as payment only and has the right to refuse payment of alternative types. Cheques are not accepted unless bank issued in full. On a case by case basis we may accept payment of Paypal.
22.2) Q-Card & Q-Eftpos transactions are subject to an additional 2.5% Auckland Camera Centre fee (Q-eftpos in-store only).
22.3) Q-Card online finance transactions of 18-months on minimum spend of $200, are subject to an additional 2.5% Auckland Camera Centre fee. (More Information Here)
22.4) GEM Visa finance transactions of 18-months on minimum spend of $500, are subject to an additional 2.5% Auckland Camera Centre fee. (More Information Here)
23. Sensor Cleaning liability
23.1) Auckland Camera Centre will endeavour to clean customers sensors to the best of our ability. We take several precautions to identify potential damage or issues prior to cleaning by checking sensors. From time to time we are not able to fully clean a sensor due to the condition, age and other factors however will make notes if there are any areas of concern. Auckland Camera centre will keep a record of before and after images of the sensor for record. Auckland Camera Centre will not be held responsible for dust, dirt, marks or damage to a camera’s sensor or the camera itself after the cleaning process if not visible on test shots.
24. Warranty Extension
24.1) Auckland Camera Centre Extended Warranty covers the item(s) specified in the Invoice and purchased as new, which at the time of purchase included the manufacturer’s original written warranty. In order to be eligible for the Auckland Camera Centre Extended Warranty the manufacturer’s warranty must provide at least 1 year parts and labour coverage. The Auckland Camera Centre Extended Warranty covers all mechanical and electrical defects that would normally be covered by the manufacturer’s written warranty, unless otherwise stated in the following terms and conditions.
24.2) Auckland Camera Centre Extended Warranty offers warranty cover for the same terms of that which the original manufacturer’s warranty covers in the provided time advertised with the camera and also offers some additional cover as set out in these terms and conditions.
24.3) Auckland Camera Centre Extended Warranty commences from the date of which the manufacturers advertised period ends and extends the manufacturer’s 1, 2, 3 or 4 years or as specified in the Auckland Camera Centre Extended Warranty option selected.
24.4) Auckland Camera Centre Extended Warranty is only valid for the product with the serial number recorded in the original proof of purchase (Invoice).
24.5) Auckland Camera Centre Extended Warranty will cover one* lens purchased with a camera up to a maximum purchase price of $5000 including GST. The total warranty cost will be relative to the purchase price of the lens. Should the purchase price of the lens exceed that of the camera it is being purchased with the final price to pay for the Extended warranty will be that of which product is more expensive.
24.6) Auckland Camera Centre Extended Warranty is for the repair or replacement of faulty components with components of the same value or comparable quality. The decision to repair or replace a component or the product during the Auckland Camera Centre Extended Warranty period will be made solely by Auckland Camera Centre.
24.7) Auckland Camera Centre will provide services during normal business hours and business days and therefore will be closed on Public Holidays or days stated.
24.8) Auckland Camera Centre will ensure that service is completed as quickly as possible, we are not responsible for delays caused by factors beyond our control, including but not limited to manufacturer’s delays in providing parts, and general manufacturer availability of parts.
24.9) Auckland Camera Centre Extended Warranty provides cover for “normal wear and tear” for both domestic and commercial purposes
24.10) Auckland Camera Centre Extended Warranty only covers hardware faults, and makes no provision for consequential loss of data of any type. It is the responsibility of the client to make regular backups of all data.
24.11) Auckland Camera Centre may replace the same, similar or slightly better item when the faulty item is not economical to repair.
24.12) Technological advances may result in a replacement item with a lower selling price than the original product.
24.13) Replacement of the Item shall constitute fulfilment of this warranty and any remaining period of cover does not transfer to the new item.
24.14) When a replacement item is not available, we may choose to settle the claim on an indemnity basis taking into consideration the age, condition and state of the item.
24.15) Auckland Camera Centre Extended Warranty does not cover mechanical or electrical failure due to: inherent defect or design faults, pre-existing defects or recalls; negligence, accidental or deliberate misuse.
24.16) Auckland Camera Centre Extended Warranty does not cover loss or damage due to accidental or deliberate damage, negligence, abuse, wilful act, misuse, accident, humidity, theft, sand, liquid, rust, battery leakage, flood, fire, earthquake, electrical storms or any other act of god, war or terrorism.
24.17) The following are not covered under Auckland Camera Centre Extended Warranty: dropped product; collision with another object; any result of a malfunction or damage of an operating part from failure to provide manufacturer’s recommended maintenance; costs where no mechanical or electrical failure is identified; consequential loss of any type; normal maintenance costs.
24.18) Repairs or servicing will only be carried out by the servicing agent nominated by Auckland Camera Centre
24.19) Shipping costs for an international return of the goods to New Zealand will be granted up to a maximum of $60 NZD
24.20) Clients are responsible for delivery of the warranted item to Auckland Camera Centre so it can be inspected and then repaired.
25. Warranty Disclaimer of Liability
Auckland Camera Centre Extended Warranty is subject to the provisions of applicable New Zealand laws at all times. Unless expressly stated elsewhere in these terms and conditions under no circumstances will coverage extend to any loss or damage (weather direct, indirect, consequential or incidental) arising from the use of or inability to use the Product to the extent that such may be disclaimed by law. This service contract does not cover any defects, which are subject to a manufacturer’s recall or are covered by the workmanship or performance of the product covered by the contract.
This service contract in no what affects or limits any right or remedies You may have under the consumer guarantees Act 1993. For further information and guidance refer to www.consumeraffairs.govt.nz/for-consumers/law/consumer-gaurantees-act.
26. Warranty Privacy Act Compliance
NZ Photographic Supplies trading as Auckland Camera Centre may collect information about you and the product to which the Auckland Camera Centre Extended Warranty relates. You may not be able to obtain the benefits of a Auckland Camera Centre Extended Warranty if the required information is not provided. Information collected and held about you may be used from time to time to support the product, for claims management purposes, to update or inform you regarding the product and/or your Auckland Camera Centre Extended Warranty, for marketing and promotional purposes and generally to do business with us. Information may from time to time be disclosed to, and collected from, our related parties, the manufacturer or importer of the product. Auckland Camera Centre (the warrantor) and claims administrator Auckland Camera Centre. Under the Privacy Act 1993, individuals have the rights of access to, and correction of, their personal information. You authorise us, our related parties and the recipient organisations set out in this privacy policy to send you commercial electronic messages for any of the purposes set out in the privacy policy.
Your rights and remedies under the Auckland Camera Centre Extended Warranty are in addition to your rights under the Consumer guarantees Act 1993 (CGA) As summarised in this booklet. If you think a product you have purchased from us does not comply with the guarantees under the CGA and you experience a problem with the product you may be entitled to a remedy under the CGA. Where the failure is not serious, we may choose to repair, replace or refund the cost of the product. Where failure is serious or makes the product unsafe, you can choose a refund, a replacement, or to keep the goods.
27. Service of Notices
27.1) Any written notice given under this Contract shall be deemed to have been given and received:
(a) By handing the notice to the other party, in person;
(b) By leaving it at the address of the other party as stated in this Contract;
(c) By sending it by registered post to the address of the other party as stated in this Contract;
(d) If sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;
(e) If sent by email to the other party’s last known email address.
27.2) Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.
28. Trusts
28.1) If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Seller may have notice of the Trust, the Client covenants with the Seller as follows:
(a) The Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
(b) The Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity.
(c) The Client will not without consent in writing of the Seller (the Seller will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events;
(i) The removal, replacement or retirement of the Client as trustee of the Trust;
(ii) Any alteration to or variation of the terms of the Trust;
(iii) Any advancement or distribution of capital of the Trust; or
(iv) Any resettlement of the trust property.
29. Unpaid Seller’s Rights
(a) A lien on the item; and
(b) The right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.
29.2) The lien of the Seller shall continue despite the commencement of proceedings, or judgment for any monies owing to the Seller having been obtained against the Client.
30. General
30.1) The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
30.2) These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
30.3) The Seller shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Seller of these terms and conditions (alternatively the Seller’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
30.4) The Seller may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent.
30.5) The Client cannot licence or assign without the written approval of the Seller.
30.6) The Seller may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of the Seller’s sub-contractors without the authority of the Seller.
30.7) The Client agrees that the Seller may amend their general terms and conditions for subsequent future contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for the Seller to provide Goods to the Client.
30.8) Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
30.9) Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.
31. Promotions
31.1) Products on promotion are subject to availability during the promotional periods, where a product is not in stock or not available from suppliers during the promotional period then the promotion may not apply. Including but not limited to gift with purchase, bonuses, redemptions and special pricing.
31.2) The seller accepts no liability for any circumstances where promotions offer online redemption from the sellers supplier and the client fails to read the full terms and conditions of any promotion or to claim the clients online redemption before any cut off dates set by the sellers supplier.
32. Deposits and the reservation of product
32.1) Where deposits have been paid to reserve product or stock, when the items becomes available the remaining balance must be paid in full within 14 days unless prior arrangements are made. Auckland Camera Centre reserves the right to cancel the hold of items if no contact is made Or the remaining payment balance is unable to be made. If this is the case a refund will be issued when and where possible.
33. Tax Free
33.1) Tax-free orders returned or canceled can and will be subject to restocking fee and airport fees of 16% +$30 courier charge.
33.2) Tax-free orders may only qualify for a partial portion of advertised discounted/sale price.
We reserve the right to make changes to these Terms & Conditions as needed without notification.