HP Terms and Conditions of Online and Phone Sales (“Terms”) by Ingram Micro (NZ) Pty Ltd (NZBN 9429040004006).

ATTENTION: Please read these Terms carefully as they apply to orders submitted by you either online or over the phone for products and services available in the HP store website or call centre (“HP Store”).

Products and services purchased through the HP Store are sold and distributed by Ingram Micro (NZ) Pty Ltd (NZBN 9429040004006) (“Ingram”). By ordering online or over the phone you confirm that you agree to these Terms governing such purchases.

HP New Zealand (NZBN 9429041596579) ("HP") and its affiliates are the host of the HP Store and any use of the HP store website will be governed by the Terms of Use. https://www.hp.com/nz-en/shop/terms-conditions

Prices and Delivery Charges

Prices, delivery charges and payment will be as specified in the HP Store, as determined when ordering online or over the phone. If applicable, Ingram will list delivery charges as a separate line item on its invoices. Prices will include the applicable goods and services taxes as at the date that the order is accepted by Ingram and the sale has been processed and concluded.

Ingram reserves the right to change prices published on the HP Store prior to acceptance of that order by Ingram.

Where there has been a typographical or other error in the price, Ingram has the right to correct the price at any time prior to delivery. You will be notified of the corrected price. You may choose to pay the corrected price, however if you do not choose to pay the corrected price, then Ingram may cancel your order and will issue a refund or credit to your account, if you have already paid.

Prices quoted do not include installation.

Orders

All orders are subject to acceptance by Ingram. Ingram will provide you with an order acceptance or rejection notice as soon as reasonably possible.

You will specify a delivery address within New Zealand ONLY.

Once Ingram has accepted your order, it is final and binding upon you. Products purchased within New Zealand will only be shipped or delivered within New Zealand. You may not export any products purchased at the HP Store.

Order Cancellation

Ingram has the right to cancel any accepted order prior to delivery in the event of any pricing error (as referred to above) or any material error outside of Ingram’s control in connection with your order or other conditions published in the HP Store relevant for your order, or if any further verification of your credit conditions or records so warrants. If you have already made payment and your order is cancelled, a refund will be issued to your account.

Title and Risk of Loss

Title to hardware products passes to you upon the later of full payment and delivery of the products. Risk of loss and damage pass to you upon delivery.

• All orders are subject to acceptance by HP and / or Service Provider. HP and / or Service Provider will provide you with an order acceptance or rejection notice as soon as reasonably possible.
• You will specify a delivery address within Malaysia, unless otherwise agreed.
• HP products purchased within Malaysia will only be shipped or delivered within Malaysia. You may not export or resell out of Malaysia any products purchased at the HP Store.

HP Support Service Agreement Terms & Conditions

by HP New Zealand (NZBN 9429041596579)

HP Support Service Agreement Terms & Conditions

by HP New Zealand (NZBN 9429041596579)

1. Consumer guarantees and your rights under the Consumer Guarantees Act 1993 : Our goods come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993. For major failures with the service, You (the Customer, as defined below) are entitled to:

• cancel your service contract with HP; and
• a refund for the unused portion, or to compensation for its reduced value.

You (the Customer) are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, You are entitled to have the failure rectified in a reasonable time. If this is not done You are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund for any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

The support services described in the HP Support Service Agreement Terms and Conditions, together with the relevant HP Care Pack and service specifications specified in the HP Care Pack Product Name or Description, (the "Agreement") are provided in addition to any condition, warranty, guarantee, right or remedy you may have at law (including a consumer guarantee under the Consumer Guarantees Act 1993). Nothing in this Agreement excludes, restricts or modifies any condition, warranty, guarantee, right or remedy you may have at law (including a consumer guarantee under the Consumer Guarantees Act 1993) which cannot be lawfully excluded or limited.

2. Support Services: HP will provide support services described in this Agreement ("HP Support Services") in New Zealand for products purchased in New Zealand. If it is mutually agreed upon by HP and an HP Authorised Representative, an HP Authorised Representative will provide the HP Support Services on behalf of HP. Refer to the relevant HP Care Pack for the procedure to follow to claim your warranty.

3. Customer: As used herein “Customer” refers to either

• end-user HP customer who purchases the HP Support Services described in this Agreement directly from HP or from an authorised HP reseller, wholesaler, or distributor, or
• an HP Authorised Representative who purchases HP Support Services in order to obtain support for hardware products at its own site, unless the goods and/or services the subject of this Agreement are not of a kind ordinarily acquired for personal, household or domestic use or consumption.

4. Charges: Customer will prepay for HP Support Services under this Agreement at the time of support purchase. Customer will pay all applicable taxes. Full refunds for prepaid HP Support Services are available if Customer cancels within thirty days of receipt of the Agreement. Save for any condition, warranty, guarantee, right or remedy the Customer may have at law which cannot be excluded, limited or modified (including a consumer guarantee under the Consumer Guarantees Act 1993), an additional charge may be billed to Customer for hardware products that are found not defective. The Customer is only required to pay for HP Support Services, or any element of HP Support Services, which are wholly or partly over and above any condition, warranty, guarantee, right or remedy the Customer may have under a written law of the Commonwealth, a State or a Territory (including a consumer guarantee under the Consumer Guarantees Act 1993) and the applicable HP limited warranty.

5. Eligible Products:

• To be eligible for support under this Agreement, product must be at the same specified revision levels as at the time of supply and, in HP's reasonable opinion, in good operating condition.
• Customer can purchase HP Support Services only for designated HP and non-HP software for which Customer has rightfully acquired appropriate software license(s).
• If the customer chooses to relocate the product, it may result in additional support charges and modified service response times under this Agreement. HP is not responsible for relocating the product.
• HP Support Services will not be available for products if they are moved outside the country where this Agreement is purchased, unless agreed in writing by HP.
• Notwithstanding Section 5(a) of this Agreement, products which are in good operating condition at the time HP Support Services are purchased are eligible for post warranty hardware support under this Agreement even if they are not at the same specified revision levels as at the time of supply.

6. Limitations of Liability and Remedies: In addition to any condition, warranty, guarantee, right or remedy the Customer may have at law (including a consumer guarantee under the Consumer Guarantees Act 1993), under this Agreement, HP warrants replacement parts provided to maintain hardware products serviced hereunder against defects in materials and workmanship for 90 days after return of the product to Customer. If HP receives notice of defective replacement parts during the term of this Agreement, HP will repair or replace the replacement parts that prove to be defective. Goods presented 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. Save for any condition, warranty, guarantee, right or remedy the Customer may have at law which cannot be excluded, limited or modified (including a consumer guarantee under the Consumer Guarantees Act 1993), HP’s liability for any breach of such condition or warranty under this Agreement is limited to one or more of the following: (a) if the breach relates to products: (i) the replacement of the products or the supply of equivalent products; (ii) the repair of such products; (iii) the payment of the cost of replacing the products or of acquiring equivalent products; or (iv) the payment of the cost of having the products repaired; and (b) if the breach relates to services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.

7. Save for any condition, warranty, guarantee, right or remedy the Customer may have at law which cannot be excluded, limited or modified (including a consumer guarantee under the Consumer Guarantees Act 1993): (i) HP's liability, whether in contract, tort including negligence, equity, statute or otherwise is limited to: (a) damages for bodily injury; (b) direct damages to tangible property up to a limit of U.S.$300,000; and (c) other direct damages for any claim based on a material breach of HP Support Services under this Agreement, up to a maximum of the support charges paid by Customer for this Agreement for the products at issue; and (ii) in no event will HP or its affiliates, subcontractors or suppliers be liable for any lost profits or savings, whether actual or potential; any lost revenue, contracts, customers, opportunities or goodwill, whether actual or potential; downtime costs; any loss of data, or software restoration; any damages relating to Customer’s procurement of substitute products or services (i.e. “cost of cover”); or incidental, indirect, special, economic, punitive or consequential loss or damage whether or not HP was aware or should have been aware of the possibility of such loss or damage (but excluding damages for bodily injury). HP will not be liable for performance delays or for non-performance due to causes beyond its reasonable control.

7A. Consumer Guarantees Act 1993. The exclusions and limitations of warranties, liability and remedies in this Agreement apply except to the extent prohibited by the Consumer Guarantees Act 1993 in situations where that Act can apply and its provisions have not been excluded or modified as permitted by that Act. Where any supply of products or services is for business purposes, Customer agrees that the Consumer Guarantees Act 1993 does not apply and that given the nature and value of the transaction, this is fair and reasonable.

8. Limitations of Service:
Save for any condition, warranty, guarantee, right or remedy the Customer may have at law which cannot be excluded, limited or modified (including a consumer guarantee under the Consumer Guarantees Act 1993):

• Under this Agreement, HP does not provide support for products not supplied by HP unless approved by HP in writing, or for products that Customer does not allow HP to incorporate modifications. Customer or an approved designated contact is responsible for removing any products not eligible for support to allow HP to perform support services. If HP Support Services are made more difficult because of such products, HP will charge Customer for the extra work at HP's standard service rates.
• Unless otherwise specified, this Agreement excludes the provision, return/replacement, and installation by HP of consumables, user replacement parts, maintenance kits, or other consumable items including, but not limited to, accessories, operating supplies, magnetic media, paper, print heads, ribbons, toner, a/c adapters, and batteries.
• Unless otherwise specified, under this Agreement, HP Support Services do not cover any damage or failure caused by:
  (i) use of non-HP media, supplies and other products;
  (ii) site conditions that do not conform to reasonable and appropriate operating conditions (including HP's site specifications);
  (iii) neglect, improper use, fire or water damage, electrical disturbances, transportation by Customer, work or modification by people other than HP employees or HP Authorised Representatives, or other causes beyond HP's control; or
  (iv) inability of products not manufactured by HP and non-compliant HP products in Customer's supported environment to correctly process, provide or receive date data (i.e., representations for month, day, and year), or the inability of these products to properly exchange date data with any products covered by HP Support Services. Complete resolution of some problems may be beyond the control of HP and thus outside the scope of HP Support Services.
• Supported Software Versions: HP provides HP Support Services only for the current and immediately preceding versions of HP software, and only when the software is used with hardware that is included in HP-specified configurations. HP will support specified versions of selected non-HP software, but will not support such software any longer than the vendor supports it.

9. Customer Responsibilities (the product covered by this Agreement and instructions on how to obtain HP Support Services are described on the HP confirmation of payment and/or the back of the physical HP Care Pack, which are incorporated herein by this reference):

• Customer or HP Authorised Representative is responsible for registering the hardware product to be supported under the HP Support Services within ten days of purchase of the HP Support Services, using the registration instructions within each package, email document, or as otherwise directed by HP. Alternatively, the Customer can also provide proof of purchase in order to be supported under this Agreement. In the event a covered product changes location or the HP Support Services are transferred with the sale of a used hardware product, registration (or a proper adjustment to existing HP registration) is to occur within ten days of purchase from previous owner. HP IS NOT OBLIGATED TO PROVIDE HP SUPPORT SERVICES IF CUSTOMER OR HP AUTHORISED REPRESENTATIVE DOES NOT REGISTER HARDWARE PRODUCT AS STATED HEREIN. However, non-compliance with this clause does not affect any right or remedy the Customer may have at law (including under a consumer guarantee under the Consumer Guarantees Act 1993).
• Customer will make all reasonable efforts to support and cooperate with HP in resolving the problem remotely, for example, starting and executing self tests or diagnostic programs, providing all necessary information, or performing basic remedial activities upon HP’s request.
• Customer will ensure that HP Support Services personnel are provided with sufficient electrical power to perform necessary hardware maintenance and operating supplies used during normal operation.
• Customer is responsible for the security of its proprietary and confidential information and for maintaining a procedure external to the hardware products for reconstruction of lost, or altered files, data, or programs.
• Customer must notify HP if any hardware products serviced are being used in an environment that poses a potential health hazard to HP employees or subcontractors; HP may require Customer to maintain such products under HP supervision.
• Customer must ensure that an adult representative is present when HP is providing services at Customer's designated location or by telephone.
• If remote support is available, Customer will allow HP to keep system and network diagnostic program resident on the covered product and provide HP login access for the exclusive purpose of performing diagnostics.
• Customer acknowledges that Customer has no ownership interest in diagnostic software provided by HP and that HP will remove these diagnostic programs and any HP loaned modems or other equipment upon termination of this Agreement. When capable, the covered product must be configured to permit access to one voice-grade telephone line and one data-quality telephone line; both must have terminations located near the covered product. Upon HP's request, Customer will run HP-supplied diagnostic programs before having a hardware product serviced under this Agreement.
• Off-Site Support and Exchange Services: Customer is responsible for performing the following functions prior to return shipping a failed hardware product to HP: a) perform all steps for self-test and trouble-shooting specified in the operating manual for the product; b) provide, in writing, the model number, serial number, current failure symptoms, pertinent failure history and ship-to address (if applicable); and c) unless the product will be delivered and picked up in person by Customer, Customer is responsible for packaging the failed product carefully in the original or HP provided shipping container, or a shipping container that prevents the product from being damaged while in transit to HP. The Customer may also have additional rights or remedies at law (including under the Consumer Guarantees Act 1993).

10. On-Site Support for HP Network Connectivity Products: Configuration restoration assistance will be offered after repairing or replacing an HP hub, bridge, switch or router (or add-in HP module or transceiver). HP will work with the customer to restore the configuration of the serviced device if the valid pre-service configuration is immediately available. The valid configuration may be in the form of either an electronically saved file or a clear and complete printed documentation of all required device parameters. On-site support for HP Network Connectivity Products is a device-specific service and not intended for interconnection troubleshooting.

11. Maximum Use Limitations: Products operated in excess of an acceptable maximum usage rate or duty cycle (including as specified in the technical data sheet, operating manual, or service description) will be serviced at HP's standard service rates.

12. Transfer of Service: This Agreement may only be assigned in connection with sale of the covered product. Customer or HP Authorised Representative as assignor must inform HP when the covered product is sold. For assignment of this Agreement to be effective, assignment must be in writing, signed by the assignor and available for inspection by HP personnel. Assignment will not be valid if in breach of New Zealand or U.S. export regulations.

13. Term:

• For HP Support Services providing hardware support purchased during the product warranty period, this Agreement will begin on the date of initial purchase of the new hardware product to be supported and will terminate either at the end of the specified number of years of service purchased, which is set out in the relevant HP Care Pack; or for hardware support services with page limits, terminate once the specified page limit (or page count) has been exceeded or at the end of the specified number of years of service purchased, whichever comes first. Page count is defined as the number of pages (printed or plain) that have passed through a printers print engine and recorded on the test page.
• For HP Support Services providing hardware support purchased after expiration of the HP Limited Warranty, this Agreement will begin on the purchase date of this Agreement and will terminate at the end of the specified number of years of service purchased.
• For HP Support Services providing network support or software support, this Agreement will begin on the purchase date of this Agreement and terminate twelve (12) months thereafter (thirty-six (36) months for comprehensive technical support) or, if applicable, after closure of the last covered incident, whichever is first.
• All orders will continue until terminated by either party under the provisions of this Agreement. This Agreement is not renewable; Customer may for some eligible products, purchase another Agreement upon expiration or termination of this Agreement. The cost of another Agreement will reflect the age of the product and service costs at time of purchase.

14. Termination: Customer may terminate this Agreement by notifying HP within thirty days of purchase to receive a full refund from the place of purchase. HP may terminate at any time if Customer fails to perform or observe any condition of this Agreement which has a material affect on the ongoing operation of the Agreement. For the avoidance of doubt, HP will not terminate simply where an exclusion applies to the Customer’s failure to perform.

15. Governing Laws: Any disputes arising in connection with this Agreement will be governed by the laws of New Zealand. The courts of New Zealand shall have jurisdiction.

16. Entire Agreement: Save for any rights you may have at law which cannot be excluded, limited or modified, including your consumer guarantee rights contained in the Consumer Guarantees Act 1993, the terms and conditions of this Agreement (together with the HP Authorised Contract Management Partner Addendum for HP Authorised Representatives) constitute the entire understanding between the parties relating to the provision of HP Support Services described herein and will supersede any previous communication, representation or agreement whether oral or written. Customer's additional or different terms and conditions will not apply. Customer's acceptance of this Agreement is deemed to occur upon Customer's purchase of HP Support Services, or failure to give notice of termination to place of purchase within thirty days or HP's provision of HP Support Services. No change of any of the terms and conditions will be valid unless in writing signed by an authorised representative of each party.

17.
Warranty Support (New Zealand)
HP New Zealand
12 Madden Street
Auckland, 1010, New Zealand

For warranty support, please contact HP on:

Consumer Desktops and Printers: 0800 441 147 If dialing internationally: +61 3 8833 5000

Commercial Desktops and Printers: 0800 449 553 If dialing internationally: +61 2 8278-1039

For a full listing of HP support contacts, please refer to www.hp.co.nz and select the ‘Connect with HP’ option.