In Home Consultation Terms and Conditions
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
This Noel Leeming In Home Consultation Terms of Service (“Service Terms”) is provided to you (the “Customer”) in connection with the In Home Consultation Service that the Customer has requested (the “Service”). These terms and conditions comprise the entire agreement between the Customer and Noel Leeming (“NL In Home”) with respect to the Service.
Unless stated otherwise in writing, any fees and charges for the service provided are non-refundable. NL In Home may change any fees and charges or add new fees or charges that may apply by giving the Customer notice in advance.
MODIFICATIONS TO TERMS OF SERVICE AND SERVICE
NL In Home may change the terms and conditions of the Service from time to time. Upon any such change, NL In Home will notify the Customer by posting the changes to the site from which the Service was purchased. NL In Home reserves the right to modify or discontinue the Service with or without notice to Customer. NL In Home shall not be liable to Customer or any third party should NL In Home exercise its right to modify or discontinue the Service. Customer’s use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.
STANDARD NL IN HOME consultation SERVICE
NL In Home offers an In Home Consultation Service where one of our Consultants will come to your home to discuss your requirements for Technology or Appliances. Our Consultant will show you what options are available and what is possible in your home and help you create a customised plan.
Standard In Home Consultation service includes:
· Consultant visits to your home
· Obligation free advice about WiFi, smart home, appliances, home theatre and more
· Creation of a customised plan, in consultation with you
· Obligation free quote for products and services to meet your needs
· If you choose to buy, your Consultant will coordinate delivery and installation of your products. *Exclusions apply.
· Your Consultant will be your single point of contact with Us throughout the process.
· *Third Party Coordination - If installation of any of Your products require the services of a builder, electrician or plumber the organisation of these third party service providers will be Your responsibility. Upon Your request, our Consultant may coordinate with Your designated third party suppliers for the purposes of completing the installation of any products you may have purchased from Us. You will remain exclusively responsible for your relationship with such third parties, including for hiring and paying for their work, and We will not be responsible for any non-performance or damages caused by such third parties.
NL In Home Consultation – Communications
· We may call, text or email you to schedule meetings, discuss proposals, update orders, follow up for feedback and inform you about other products/services.
Installation services may be organised through our In Home Consultant and undertaken by our Noel Leeming Tech Solutions service. There are a number of service packages available, for more information go to our Services tab at www.noelleeming.co.nz. Tech Solutions terms and conditions and standard charges apply.
Where agreed with you, we may provide Products to you which we have discussed as part of our consultation with you, as well as items such as extra cabling, cords, extensions and other relevant items as part of a Call Out and subject to these Terms and Conditions. Ownership of these products remains with us until payment is made in full from cleared funds for the Products. Noel Leeming’s standard Returns Policy applies to any products or other goods supplied to you by us while undertaking our service to you.
Your Facilities – to help us provide you with the service, you agree to allow NL In Home entrance and access to your premises. You agree to ensure you or a representative is on-site at the agreed time and for the duration of the service being undertaken. You or your representative must be over 16yrs of age.
To cancel or re-arrange a time for the service, you must advise us no later than 24 hours prior to the appointment time. If you do not cancel or re-arrange the appointment time, you may be charged a Cancellation Fee.
You will ensure that we have full access to any Goods we have supplied to you, and to your (or, if applicable, the End User’s) computer system, device or equipment or any other technology item as required to perform the service.
You will provide all information (and that such information is complete, accurate and given in good faith), assistance and cooperation in order for NL In Home to perform our obligations.
If any fees are applicable for the Service, payment must be made at the time of the visit .
We will invoice any Fees which may be applicable for each Call Out at the end of the Call Out and you must pay those Fees to us at the end of the Call Out (“the Due Date”).
Any other amounts payable under these Terms and Conditions, including Cancellation Fees, will be payable immediately upon issuance of our invoice. Payment must be made in cash or by cheque, EFTPOS, approved credit card or internet banking.
Without prejudice to any other right or remedy we may have against you, if you fail to make payment of any monies due to us on the Due Date in respect of any service we may have carried out on your behalf, you accept that we may at our discretion retain a worker’s lien over any equipment we have supplied or any item which we have worked on, pursuant to the provisions of the Wages Protection and Contractors Liens Repeal Act 1987 until payment is made by you.
LIMITATIONS TO SERVICE
NL In Home shall not be liable for any failure or delay in performance due to any cause beyond its control.
NL In Home and/or its third party service providers reserve the right to refrain from providing the Services ordered and instead refund Customer’s payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the Customer are unusual or extensive and beyond the scope of these Service Terms, as determined by NL In Home.
Customer agrees to indemnify, defend, and hold harmless NL In Home (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defence, settlement, and reasonable legal fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by NL In Home by reason of, or arising from: (a) Customer’s breach of this Agreement; (b) Customer’s actual or alleged infringement of any patent, copyright, trade mark, trade secret or other property or contract right of any other person; (c) Customer’s actual or alleged failure to promptly pay sums due NL In Home or third parties; (d) Customer’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer (or its officers, directors, employees or agents).
NL In Home warrants that it will use all reasonable skill and care in undertaking the Services. CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Except as otherwise provided in the Consumer Guarantees Act 1993 and the Fair Trading Act and subject to the Limitations to Service and Indemnification clauses in these terms and conditions, your sole remedy in relation to the breach of any warranty under this agreement or at law, in relation to any:
a) Service, will be for us to re-perform such Services to the required standard; or
b) Product will be for us to repair or replace such Product, at our option, provided that if neither option is available to us (as determined solely by us) we may refund the price paid for that Product.
c) We have no obligation to install, customise or provide any other Service in relation to any Products repaired or replaced due to a breach of any Product warranty.
d) You acknowledge that if the Services or Products are supplied for business purposes in terms of the Consumer Guarantees Act 1993 the guarantees provided under that Act do not apply.
NL IN HOME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NL IN HOME MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES NL IN HOME MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.
CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM NL IN HOME OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER.
IT IS THE RESPONSIBILITY OF the CUSTOMER TO BACK-UP ALL DATA ON COMPUTERS AND OTHER DEVICES; NL IN HOME WILL NOT BE HELD LIABLE FOR LOSS OF ANY CUSTOMER DATA.
Customer acknowledges that you are authorised to arrange the Service, and in NL In Home providing the Service our access to your premises, use of any equipment, technology, software or other material made available by you will not breach any third party rights.
LIMITATION OF LIABILITY
NL IN HOME SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, OR RESULTING FROM UNAUTHORISED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLEs, EVEN IF NL IN HOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
It is the Customer’s responsibility to back-up the software and data that is stored on the Customer’s computers, hard disk drive(s), and/or on any other storage devices the Customer may have, and NL In Home shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. NL In Home shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by NL In Home. Notwithstanding any language to the contrary, NL In Home’s maximum liability to the Customer arising from or related to NL In Home’s Service under this Agreement shall be limited to the sums paid by the Customer to NL In Home under this Agreement during the three months prior to the time the cause of action arose.
Either the Customer or NL In Home may immediately terminate the Service upon written notice to the other party. Upon termination of the Service, the Customer's right to use the Service immediately ceases. The Customer shall have no rights and NL In Home will have no obligations regarding the Service thereafter.
The Service Terms shall be governed by and construed in accordance with the laws of New Zealand. The Customer and NL In Home agree to submit to the exclusive jurisdiction of the courts in New Zealand.
If any provision of the Service Terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
The Customer and NL In Home agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.