TERMS AND CONDITIONS
TERMS AND CONDITIONS OF USE
Last Updated: 26/03/2014
BY USING THIS WEBSITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE AND
THAT YOU AGREE TO BE BOUND BY THEIR TERMS.
PLEASE READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY BEFORE USING ANY OF THE SERVICES DESCRIBED BELOW OR PLACING ORDERS FOR ANY PRODUCTS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, PROMPTLY EXIT THIS WEBSITE.
Use only the Fisher & Paykel replacement part designed for your Fisher & Paykel product. Before installation of your replacement part, consult the Use & Care Manual that accompanied the original purchase of your Fisher & Paykel product. The Use & Care Manual contains product specifications, PRODUCT WARNINGS and will state if you can install a replacement part without the use of a trained technician. All other parts are technical replacement parts that should be installed only by a Fisher & Paykel authorized service technician. Fisher & Paykel Use & Care Manuals are available on our website at http://www.fisherpaykel.com/nz/support/user-manuals/.
WARNING! If you do not use a Fisher & Paykel authorized service technician to install your technical replacement part, DEATH, SERIOUS BODILY INJURY OR PROPERTY DAMAGE may result. Use of unauthorized replacement parts or installation of a technical replacement part by anyone other than a Fisher & Paykel authorized service technician may VOID ANY APPLICABLE WARRANTIES, WHETHER EXPRESS OR IMPLIED. For a current list of Fisher & Paykel authorized service technicians visit our website at http://www.fisherpaykel.com/nz/support/service-appliances/.
1. THE WEBSITE
https://secure.fisherpaykel.com/nz/Catalog/Catalog.aspx is a web portal designed to facilitate the sale of parts and accessories for products sold by Fisher & Paykel and its affiliated companies and to provide certain other services offered on this website (collectively, the "Services"). We reserve the right to change these Terms and Conditions of Use at any time without prior notice, in which case we will post the revised Terms and Conditions of Use on this website and update the "Last Updated" date to reflect the date of the changes. By continuing to use this website after we post any such changes, you accept the Terms and Conditions of Use, as modified. Any rights not granted by these Terms and Conditions of Use are reserved by Fisher & Paykel.
3. USE OF WEBSITE; LIMITATIONS ON USE
You may use this website pursuant to these Terms and Conditions of Use solely for your personal, non-commercial use. We reserve the right to deny access to the website or to any of its Services to anyone who violates these Terms and Conditions of Use. By using this website, you represent, warrant and agree that you shall not (and you agree not to allow any other individual or entity to): (a) gain unauthorized access to the website, or computer system, or network connected to this website or use automated means to download data from our website; (b) engage in any illegal conduct or conduct that violates the rights of others, including conduct that we determine (in our discretion) is harassing, offensive, an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; or (c) use the website to transmit a computer virus or other feature designed to damage or interfere with the intended performance of this website or its Services.
You hereby agree to and shall indemnify and hold Fisher & Paykel, and all of its officers, directors, owners, agents, employees, information providers, parent, subsidiaries, affiliated companies, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including attorney's fees and costs) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the representations, warranties and covenants made by you herein. You shall cooperate as fully as reasonably required in the defence of any claim.
This website and the contents hereon are protected by copyright as a collective work and/or compilation, pursuant to
international intellectual property conventions, and other copyright laws. This website, including all photographs,
images, text, graphics, icons, audio clips, software and other aspects thereof, all improvements or modifications
thereof, all derivative works based thereon, including all copyrights, trademarks, and other intellectual property or
proprietary rights in the foregoing, are owned by Fisher & Paykel or our licensors.
Any trademarks, service marks, and other marks and indicators of source or origin of any third party that may appear on this website are the property of such third-party owner, who may or may not be affiliated with, connected to, or sponsored by Fisher & Paykel. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on this website without the express written permission of the trademark owner. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on this website. Nothing in these Terms and Conditions of Use shall be deemed to grant to you or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours or any of our licensors.
5. CHANGES IN WEBSITE CONTENT, PRODUCTS AND PRICING
We reserve the right to make adjustments to prices and product and service offerings (including the discontinuation of product and service offerings) and availability for any reason, including but not limited to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. Unless expressly stated otherwise, all changes to this website and its Services, including changes to the content, features and product and service offerings on this website, shall be subject to these Terms and Conditions of Use. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through this website.
Unless stated otherwise, all prices payable for product and service offerings on this website are exclusive of GST or VAT or any other applicable tax or duty payable on such sums which shall be added, if appropriate at the rate prevailing at the relevant tax point. We reserve the right to refuse or cancel any orders placed for products and/or services where the sale or use of such product and/or service in your State or Country is restricted or prohibited.
6. PAYMENT METHODS
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. We accept VISA, MasterCard, and American Express credit cards for all purchases. We may also offer other payment alternatives from time to time. When placing an order online by credit card, you must provide: the address the card's statement is sent to (billing address), the card number, the expiration date and the cardholder's name as it is printed on the card, and the 3 or 4 digit code found only on the card (CVV2 code). You can always order by telephone at 0800 287746.
Each time you submit credit card or other payment information on this website, you represent (a) you are authorized to
use the credit card or other payment account; (b) the information you supply to us is true, correct and complete; (c)
charges incurred by you will be honored by your credit card company or other payment system provider; and (d) you will
pay charges incurred by you at the posted prices, including all applicable taxes, if any. If an order appears
fraudulent in any way, we reserve the right to cancel the order, notify the card holder and the proper authorities.
Charges for shipping and handling will be made in accordance with our then-current shipping policies.
We reserve the right to change our payment policies and procedures at any time without prior notice to you.
7. SHIPPING POLICIES
Our shipping policy ("Shipping Policy") may be viewed at https://secure.fisherpaykel.com/nz/shippingpolicy.html. By using this website, you are acknowledging that you have read, understand and agree to be bound by our Shipping Policy.
8. ORDERING DISCLAIMER
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled, you will receive a prompt refund credit to your account. We also reserve the right to require additional information before processing any order.
9. RETURN POLICY
Our return policy ("Return Policy") may be viewed at https://secure.fisherpaykel.com/nz/returnpolicy.html. By using this website, you are acknowledging that you have read, understand and agree to be bound by our Return Policy.
10. SPARE PART WARRANTY
Fisher & Paykel Appliances, warrants that spare parts sold via this website shall be free of material defects for one (1) year from date of purchase, provided that: (a) the part is properly installed pursuant to applicable installation instructions, if any, or (b) the part is installed by a qualified Fisher & Paykel technician. You can obtain the name and contact information of the nearest qualified Fisher & Paykel technician by telephone on 0800 372273. The warranty described in this paragraph is referred to herein as the "F&P Part Warranty." The warranty disclaimers set forth in these Terms and Conditions of Use are not intended to disclaim this F&P Part Warranty.
11. DISCLAIMERS OF WARRANTY
FISHER & PAYKEL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. FISHER & PAYKEL DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIS WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THIS WEBSITE OR FISHER & PAYKEL'S PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THE SERVICE OR THE SERVER(S) THAT MAKE THIS WEBSITE AND ITS SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS WEBSITE, ITS SERVICES AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY FISHER & PAYKEL TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT FOR THE F&P PART WARRANTY, ALL PRODUCTS SOLD THROUGH THIS WEBSITE ARE SOLD TO YOU ON AN "AS IS" BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY FISHER & PAYKEL TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL FISHER & PAYKEL OR ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, INFORMATION PROVIDERS, PARENT, SUBSIDIARIES, AFFILIATED COMPANIES (COLLECTIVELY, OUR "AFFILIATES") HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THIS WEBSITE AND/OR THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS WEBSITE. NONE OF OUR EMPLOYEES, AGENTS OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR WEBSITE, INCLUDING PRODUCTS AND SERVICES PROVIDED BY OUR AFFILIATES), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICES ON THE WEBSITE, OR WITH ANY OF THE WEBSITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS ON THIS WEBSITE.
13. THIRD PARTY INTERACTIONS
This website may contain links and pointers to other internet websites and resources. Such links are provided for your reference only and do not constitute an endorsement by Fisher & Paykel or any of its subsidiaries or affiliates of any third parties or their websites or the contents thereon. We do not control outside websites and we are not responsible for their content. We encourage you to be aware when you leave our site to read the privacy statements of every linked website as the privacy policies of each may differ from ours.
Fisher & Paykel may give notice by means of a general notice on this website, by electronic mail if you have submitted your e-mail to us, or by written communication sent by first class mail or prepaid post to your address on record in Fisher & Paykel's account information. If we cannot contact you because the contact information you provided to us has expired or is otherwise inaccurate, you agree that we shall be deemed to have given notice to you for all purposes when we attempt to notify you by use of the most recent contact information you provided to us, if any. You may give notice to Fisher & Paykel (such notice shall be deemed given when received by Fisher & Paykel) at any time by any of the following:
Notice sent by facsimile:
Fax # 0800 220 900
Attention: Fisher & Paykel Appliances.
Notice sent by letter delivered by nationally recognized overnight delivery service or first class postage prepaid
Fisher & Paykel Appliances Limited
P.O. Box 58546
Botany, Manukau 2163
These Terms and Conditions of Use shall be governed by the laws of New Zealand and any disputes, actions, claims or causes of action arising out of these Terms and Conditions of Use shall be subject to the non-exclusive jurisdiction of the New Zealand Courts.
If any provision of these Terms and Conditions of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
The failure of Fisher & Paykel to enforce any right or provision in these Terms and Conditions of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Fisher & Paykel in writing.
16. QUESTIONS OR ADDITIONAL INFORMATION:
If you have questions regarding these Terms and Conditions of Use or wish to obtain additional information, please send an e-mail to email@example.com or call our customer service centre at 0800 287746.