Terms of Use

Untitled Document

Use of Website

Copyright

This Website is owned and operated by Datacable Limited ("DC"). By using this website you acknowledge that you have read and agreed to these terms of use ("Terms"). If you do not agree to be bound by these Terms then you should stop accessing and using this website.
DC is either the owner or licensed user of the copyright in the material on this Website. Except as expressly permitted, you may not distribute, resell, publish, copy, reproduce, transmit or store (including in any other website or other electronic form).

Registration and Passwords

You may access this Website anonymously as a visitor and will not be required to provide personally identifiable information. However, in order to access the Reseller service and content, you will be required to register to become a Registered User of the Website. You can register by contacting the Datacable sales team.
Where you are a Registered User of the Reseller service offered by DC, you agree:

  1. to provide DC with current, complete and accurate information as prompted by your Datacable sales representitive and you agree to maintain and update this registration data as required to keep it current, complete and accurate;
  2. to keep your password secure and confidential and not reveal it to any other person;
  3. that you are entirely responsible for any and all activities that occur under or through the use of your password.
  4. that DC can reasonably rely upon any use of your password, including our disclosure of information relating to your registration and/or affairs with DC; and
  5. to notify DC immediately if you believe your password is no longer secret so that DC can cease relying on that password.

Disclaimer

Use of information and material contained on, or downloaded from this Website is at your own risk. DC is not responsible for any adverse consequences arising out of such use. Whilst reasonable care has been taken to ensure the content on this Website is accurate, DC does not give any warranty of accuracy or reliability of information to you or any other person. DC does not warrant or make any representations regarding the reliability or currency of any information content, service and/or products acquired pursuant to your use of this Website. To the fullest extent permitted by law, DC excludes all responsibility and liability in relation to this Website and DC will not be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special, or loss of profits).

Indemnity

You agree to indemnify, defend and hold harmless DC, its employees, directors, officers, agents and representatives from and against any and all third party claims, demands, liabilities, costs or expenses arising from, or related to the use of pricing, quoting or invoicing information downloaded from this Website and provided for use by your customers.

Termination of access

DC may terminate your access to any part of, or all of, this Website, with or without cause, with or without notice effective immediately, for any reason whatsoever.

Change in information

DC reserves the right to change these Terms at any time by notifying users through this Website. By continuing to access this Website, you agree to be bound by the amended Terms.
DC recommends that you make direct contact with DC staff before acting on material on this Website.

Availability of this website

Due to the nature of the Internet, DC cannot guarantee or warrant that the functions on this Website will be uninterrupted or error free or that defects will be corrected or that this Website or the server that makes it available is free of any virus or other harmful elements.

Website links

This Website may contain links to other websites operated by parties that are not associated with DC ("third parties"). These links have been provided solely for you to obtain further information about other relevant products and organisations in the market. DC has no control over the information on these sites or the products or services on them and therefore makes no representations regarding the accuracy or suitability of such information, services, or products. DC recommends that you make your own enquiries in relation to third parties described or linked on this Website. Inclusion of a link to a third party website should not be seen as DC's endorsement of that party's website. By linking to sites operated by third parties, DC is not authorising the reproduction of any material on such websites, as such material may be the subject of intellectual property rights.

Privacy and Personal Information

DC may collect personal information from you for the purpose of processing your purchase, responding to your specific enquiries, sending you DC newsletters, marketing products and services DC think may be of interest to you and building up marketing profiles. The information will also be used to send you further promotional material. If all of the requested information is not provided DC may not be able to process your purchase. You have the right to inspect and update your personal information at any time. If you do not wish to receive any promotional material you should contact the Sales Team at DC.

Supply of Goods

Supply 9

On receipt of a purchase order DC will endeavour to supply you with the goods or services ordered, but DC will not be liable to any person if DC decline to fulfil, or are unable to fulfil, an order.

Terms

DC will supply goods and services to you on these terms only (as DC may amend from time to time). The only circumstance where any variation to these terms will apply is where DC have expressly agreed in writing to that variation. If there is any conflict with other terms of trade, these terms and conditions will take priority over any other terms of trade.

Price

The price of the goods or services is that stated on the website at the time of acceptance by us of your purchase order, unless otherwise expressly agreed in writing by DC. The prices exclude goods and services tax ("GST"). DC may alter prices without notice and prices may be different from the price current at the time of order.

Delivery and Insurance Charges

You will pay the delivery, handling, packaging and insurance charges related to your purchase order. In respect of goods delivered to a delivery point in New Zealand, the delivery charges set out on the website exclude the costs of delivery by the usual methods of transportation used by us. DC may be required to arrange delivery by other means or at other times and DC will be entitled to charge you for any additional costs DC may incur.

Payment

You must make payment, of the price and any delivery and insurance charges, on the 20th of month following the date of purchase or upon demand by us, whichever is the earlier (the "due date"). DC reserve the right to require payment in cash before goods are dispatched.

Overdue Payments

If full payment is not made by the due date, you will pay a late payment penalty on overdue amounts, at 1% per month above our overdraft limit with our bank, with penalty being calculated from the date when payment is due until the date when payment is actually made. You will pay all costs (including legal costs) incurred by us in collecting or attempting to collect any amounts outstanding.

Delivery

DC will endeavour to deliver goods on the agreed delivery dates but DC will not be liable for late delivery. Late delivery does not entitle you to cancel any order or part order. Delivery will be deemed to have been made when the goods arrive at the delivery point agreed with you or if you are to arrange delivery, when the goods are available for collection by you. Delivery may be by instalments. You will be responsible for disposing, at your own cost, all materials used in the packaging or delivery.

Ownership

Legal and beneficial ownership in goods purchased from us remains with us until all sums owed to us, in respect of those goods and all other goods supplied by us, are paid in full. While property in the goods remains with us, DC have the irrevocable right to enter your premises where the goods are located and take possession of and remove the goods. Until ownership passes, you hold the goods as bailee for us. If you wish to resell any goods before ownership passes, you may do so only by way of bona fide sale in the ordinary course of business and you shall account to us for the proceeds of any such sale.

Risk

Risk in the goods will pass to you on delivery.

Order Cancellation

Cancellation of an order may only be accepted by us if:

  1. the goods form part of our normally held stock and DC receive written notice of cancellation prior to the commencement of delivery of the goods; or
  2. the goods do not form part of our normally held stock and DC receive written notice of cancellation prior to ordering these goods ourselves.

Authorised Returns

You may return goods purchased from us, if the goods are returned in a condition which DC consider to be merchantable, the goods form part of our normally held stock and you notify us of your intention to return the goods to us, within 30 days of delivery.

Warranties

DC will pass on to you the benefit of any warranties given by the manufacturers or suppliers of the goods. However, DC expressly exclude to the fullest extent permitted by law all other warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise. Where goods are advertised with reference to a photograph, DC will endeavour to deliver the corresponding goods but do not warrant that the goods DC deliver to you will be identical to those displayed in the photograph.

Limitation of Liability

Our liability for any claim, damages, loss or expense related to the supply by us of goods or services is limited to the cost paid by you for the goods or services and except where statute expressly requires otherwise. To the fullest extent permitted by law DC will not be liable in any event whether in tort (including negligence), contract or otherwise for any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person.

Our Rights

If any amount payable by you is overdue, or in our opinion you are likely to be unable to meet your payment; or you are a company and you become bankrupt, insolvent, have a receiver appointed in respect of all or some of your assets, make or are likely to make an arrangement with your creditors, have a liquidator appointed, are placed under statutory or official management or any equivalent or analogous event occurs or your ownership or effective control is transferred or the nature of your business is materially altered, then:

  1. DC will be entitled to cancel all or any orders with you which remain, or any part of any order with you which remains, unperformed, in addition to and without prejudice to our other remedies; and
  2. all amounts owing to us whether due for payment or not, will immediately become due and payable; and
  3. DC will be entitled to reclaim any goods in your possession or control and dispose of them for our own benefit and for that purpose DC will be entitled, without notice, to enter directly or by our agents on any premises where DC believe goods may be stored, without in any way being liable to any person.

Changes to Terms and Conditions

DC reserve the right to change these terms and conditions at any time by notifying users of the existence of revised terms and conditions through the website. By continuing to access the website, you agree to be bound by the amended terms and conditions.

Waiver

If at any time DC do not enforce any of these terms or grant you time or other indulgence, DC will not be construed as having waived that term or our rights to later enforce that or any other term.

Severability

If any portion of these terms and conditions is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

Governing Law

These terms will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand Courts

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