These are the terms and conditions on which DICKER DATA NZ LTD (“we” or “us” or “our”) is willing to trade with the above-named Customer (“you” or “your”) (Terms and Conditions). By purchasing Products from, or establishing an account with, us, you agree to be bound by these Terms and Conditions.
WE MAY DISCLOSE YOUR OR YOUR END USERS’ PERSONAL INFORMATION TO AN OVERSEAS THIRD PARTY WHO MAY USE THAT PERSONAL INFORMATION FOR ITS OWN PURPOSES. THE OVERSEAS THIRD PARTY MAY NOT BE REQUIRED TO PROTECT THE PERSONAL INFORMATION IN A WAY THAT OVERALL PROVIDES COMPARABLE SAFEGUARDS TO THOSE IN THE PRIVACY ACT 2020. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU EXPRESSLY AUTHORISE ANY SUCH DISCLOSURE BY US.
(a) These Terms and Conditions include provisions relating to your use, or provision to End Users, of the Products. We have alliance relationships with Third Party Suppliers. As part of many such arrangements we are able to resell the Third Party Products and may receive discounts or rebates from the Third Party Suppliers in connection with the resale of such Third Party Products. These Terms and Conditions are in addition to any terms and conditions that apply to use of a Third Party Product which may be provided to you or made otherwise available on the applicable Third Party Supplier’s website (“Third Party Terms and Conditions”).
(b) You will ensure your agreement with End Users in relation to the Products contains terms no less favourable than those outlined in these Terms and Conditions and specifically includes those terms set out in Schedule 1 (Specific Customer Terms), if any. You will ensure that all End Users read and confirm acceptance of any Third Party Terms and Conditions applicable to the relevant Products prior to use of the same. Acceptance of the Third Party Terms and Conditions can be effected through the Third Party Supplier’s website.
(c) You may offer to purchase certain products from us, being: (i) our software, products and services, which may include the provision of equipment or a cloud environment, peripherals, audiovisual equipment, telecommunications equipment, parts and any other related products (“Our Product”); or (ii) software, products and services (including data migration services and provision of a cloud environment) that are provided by third parties or that interoperate with Our Product and/or that may be identified as a third party product or service (“Third Party Products”) (collectively, the “Products").
(d) We reserve the right to replace any of the Products with products that are substantially similar if for any reason the Products become unavailable. Any description of Our Product including any specifications, illustrations, drawings, data, dimensions and weights, is approximate and is given by way of identification only. The use of that description does not constitute a sale by description and does not form part of our contract with you unless we say so in writing. You are responsible for ensuring that the Product ordered is suitable for its intended use by you and we are not liable to you for any Product you order which is unsuitable for your intended use. Any advice, recommendation, information or assistance provided by us is provided without any liability whatsoever.
(a) All communications between you and us, including all Orders, must be in writing (which includes by e-mail). Verbal Orders must be confirmed by you in writing within 24 hours.
(b) If you Order Products, all details including, without limitation, price and availability of the Products, are subject to confirmation by us. We will confirm the Order by email to the Customer email address set out in the account as soon as reasonably possible following receipt of the Order.
(c) Unless we agree special arrangements with you prior to placement of any Orders, such as an authorisation code, we may assume that any Order received from anyone in your employ has been placed with your authority and is binding on you.
(d) If we provide you with a quotation, it is valid only for the period specified in the quotation or 30 days from date of the quotation, whichever is the lesser, and only in respect of the matters set out in the quotation. No quote will be binding on us unless we have provided a written confirmation of the relevant Order.
(e) We are under no obligation to accept any Order and may decline any Order in our absolute discretion. To the extent permitted by law, we will not be liable for any damage, loss or expense, or indirect losses or consequential damages of any kind, suffered or incurred by you or an End User in connection with your reliance on any Order that has not been confirmed by us.
(a) The price of the Products is described in our price list and will be set out in the confirmed Order.
(b) We may change the price list at any time without prior notice. All pricing of the Products will be in accordance with our price list and we reserve the right to invoice you in accordance with that price list despite any unintended errors on our website or data entry errors.
(c) Our prices are shown exclusive of Delivery costs. All costs of, and associated with, Delivery are payable in addition to the price of the Products and must be paid by you at the same time as you pay for the Order (unless we agree otherwise in writing).
(d) If you have a pre-approved account limit with us, our terms of payment are strictly in accordance with our payment terms as separately agreed with you in writing from time to time, or where there is no separate agreement, 10 days from the date of tax invoice (“Due Date”). The pre-approved account limit may not be exceeded without our prior written consent. Credit card payments are not accepted for payment of accounts, unless negotiated with our credit manager.
(e) If you do not have a pre-approved account limit, payment in advance by cash, cheque, EFT, Bpay or credit card is required and must be paid within 48 hours of placing an Order (failing which, we will be entitled to cancel the Order without notice to you). Payments by cheque will not be considered received by us until the cheque is cleared by our bank.
(f) If any payment by you is dishonoured, you must pay us an additional account processing fee of NZ$40.00.
(g) An account processing fee will be charged, unless otherwise agreed, for payments made by credit card, up to 2% for payments made by Visa, Mastercard or Moneytech card and 3% for payments made by American Express.
(h) You agree to pay us notwithstanding not having received payment by your End User. We may require either a deposit or funds held in escrow, to be applied against outstanding liabilities. This clause survives termination or expiry of these Terms and Conditions.
(i) If: (i) you make a change to an Order after receipt of written confirmation of that Order from us, (ii) your delivery details change which causes a delivery delay, or (iii) you cancel an Order less than 14 days prior to a scheduled Delivery, you will pay to us a fee equal to 5% of the list price of any Product affected. If you cancel an Order for any Product not included in our current price list, you may be subject to an additional charge at our sole discretion.
(j) If you cancel an Order or refuse to accept all or any of the Product in an Order other than in circumstances permitted by these Terms and Conditions, you will be liable for any resulting damage or loss suffered by us. If the Product has been or is in the process of being manufactured or produced specifically for you, you will pay to us the full price of the Product and any costs incurred by us (including, without limitation, any tax, including GST) less the current scrap value of the Product as determined by us in our sole discretion.
The Products may include products and services (including cloud services) that utilize various billing methods including subscription, consumption and multi-year contract billings, including but not limited to:
(a) Subscription billing for Products delivered over an agreed period (including multiple years), with invoicing spread across one or more periods within the Delivery period, as specified in the relevant confirmed Order.
(b) Consumption billing for Products delivered over an agreed period (including multiple years), with invoicing based on usage levels of products and services within an agreed billing frequency, as specified in the relevant confirmed Order.If you purchase any subscription, consumption or multi-year contract product or service from us, you agree that you:
i) must act in accordance with clause 11 relating to Third Party Products; and
ii) must not misrepresent or misreport in any way, usage levels through either regular reporting or as the result of an audit.
In the event that you breach any of these Terms and Conditions, and without limiting any other rights we may have with respect to your default, you agree that:
iii) we may, in our discretion, cease supplying the relevant Products to you, by either suspending your account or terminating these Terms and Conditions; and
iv) if we cease supplying the Products to you, you must assign to us all of your rights and obligations under any agreement you have entered into with End Users in accordance with that End User agreement.
Normally, we allow you to Order and continue to Order Product as long as the total of your account does not exceed your pre-approved account limit (if any) and you have provided us with three (3) satisfactory written trade references and/or a satisfactory trade or status report from a credit rating agency acceptable to us. We may require fresh references/reports from time to time and additional information if you apply to increase your account limit.
You agree that you will, if we request, also provide us further supporting documentation which may include (but is not limited to) any or all of the following:
In no circumstances are we obliged to accept any application for an increase in the limit of your account and we are not obliged to give you reasons for our decision.
If any account is not settled within our Terms and Conditions, you agree that, in addition to any other right we may have, we may suspend all sales and delivery of Product to you or close your account with us.
You acknowledge that we may decline your application to purchase Products if we are advised by our insurers that they will not grant us appropriate cover in relation to you.
If an account is provided you acknowledge that, if any invoice is not paid on the Due Date, the entire balance then outstanding will immediately become due and payable without any further notice. You agree that:
(a) a late payment fee equal to 1% of your unpaid account may be charged monthly at our discretion until your account is paid in full;
(b) this late payment fee constitutes a reasonable and genuine pre-estimate of the anticipated or actual loss or damage which would be incurred by us as a result of your failure to pay by the Due Date;
(c) the late payment fee is reasonable and not a penalty; and
(d) if an unpaid invoice relates to a subscription, the End User’s access to the online services may be suspended without notice until payment has been made in full.
Nothing in this clause imposes an obligation on us to extend our payment terms to you for any period at all and we will not dispatch any Products nor accept any further Orders you place with us if your account is outstanding beyond 60 days from the date of invoice. You agree that any discounts, rebates or other concessions are lost if payment is not made in time.
If we instruct our solicitors or any other person or agency to collect an overdue amount or enforce any other obligation arising under these Terms and Conditions, all costs, charges and expenses of any kind including our legal costs on a solicitor client basis incurred by us, and any commission or other expense incurred by any debt collection agency, will be borne by you and all payments made will firstly be allocated towards such costs and charges, then to interest and finally to the principal amount due. We may commence legal proceedings against you for the recovery of any account which is overdue by 60 days or more from the date of invoice.
You acknowledge and agree that, for the purposes of the Credit Contracts and Consumer Finance Act 2003, this credit contract is not a consumer credit contract (as defined in that Act).
Our prices are shown exclusive of all taxes, including GST. Tax is payable in addition to the price of the Product and must be paid by you at the same time as you pay for the Products. We will give you a tax invoice compliant with the applicable law. You agree to reimburse and hold us harmless from any deficiency (including penalties and interest) relating to taxes that are your responsibility.
(a) Delivery of the Products takes place on the earlier of the time: (a) when you collect the Product from us; (b) when the Product is passed by us to your agent or carrier on your instruction; or (c) when the Product is passed by us to our agent or carrier (“Delivery”).
(b) We will be entitled to cancel confirmed Orders if Delivery cannot be taken within 48 hours of our acceptance of the Order, unless otherwise agreed by us.
(c) Unless we make other arrangements with you or you will collect the Product, the Product will be Delivered direct to your business address described in your account. If you request that we deliver the Product to another address, we may charge you an additional fee.
(d) Any time or date for Delivery indicated by us is an estimate only. We are under no liability for any loss or damage incurred by you as a result of delivery being late, however it arises, and you may not treat these Terms and Conditions as terminated if Delivery does not occur by that date. You must still accept Delivery of the Products even if late.
(e) We reserve the right to deliver by instalment and each instalment is sold to you under a separate contract between you and us. Failure by us to deliver any instalment on or before the quoted delivery date will not entitle you to cancel the balance of your Order, or to any claim, loss or damage howsoever arising from such failure. In the event you are in default of these Terms and Conditions in respect of any instalment, we may elect to treat your default as a breach in respect of each other instalment.
(f) We may charge you storage, handling and re-delivery fees if you are unable to take Delivery at the time we deliver the Product to you.
Unless otherwise agreed in writing, risk in the Products transfers to you immediately upon Delivery, or when legal and beneficial title passes to you, whichever is the earlier.
You must keep the Product insured from time of Delivery until legal and beneficial title passes and promptly provide us with evidence of such insurance and its currency as and when requested by us from time to time.
Notwithstanding any period of credit provided to you, legal and beneficial title of ownership of any and all Products will not pass to you until all amounts owing by you to us on any account have been paid for in full.
Receipt by us 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.
You agree that:
(a) until ownership of the Products passes to you in accordance with this clause 10, you will not convert or process the Products or intermix them with other goods and will store and deal with the Product in a way that it is clearly identifiable as ours;
(b) until ownership of the Products passes to you in accordance with this clause 10 that you are only a bailee of the Products and must return the Products to us on request;
(c) you hold the benefit of your insurance of the Products on trust for us and must pay to us the proceeds of any insurance in the event of the Products being lost, damaged or destroyed;
(d) you must not sell, dispose, or otherwise part with possession of the Products other than in the ordinary course of business and for market value. If you sell, dispose or part with possession of the Products then you must hold the proceeds of any such act on trust for us and must pay or deliver the proceeds to us on demand, and will also keep separate records and clearly identify in your books your use of the Product in any manufacturing or construction process;
(e) you shall not charge or grant an encumbrance over the Products nor grant nor otherwise give away any interest in the Products while they remain our property; and
(f) we may commence proceedings to recover the price of the Products sold notwithstanding that ownership of the Products has not passed to you.
You grant us or our agent an irrevocable licence to enter your premises on any business day to inspect the Products in your possession and your books or records regarding the Products. We shall not be liable for damages, costs or expenses or any other losses suffered by you as a result of this action.
(b) Notwithstanding anything else, your licence to use any Third Party Products is provided by the Third Party Supplier and not us, and is subject to the Third Party Terms and Conditions, including, but not limited to, licenses, policies, warranties, ownership of intellectual property, privacy, scope of permitted use and other documentation.
(c) We make no representation or commitment, and shall have no liability or obligation whatsoever, in relation to the content or use of, or correspondence or contract you have with, any such Third Party Products, or any transactions completed, and any contract entered into by you with such Third Party Supplier. You acknowledge that we are not an employee, franchisee, partner or joint venture of Third Party Suppliers.
(d) We do not endorse or approve any Third Party Products. It is your sole responsibility to determine that specific products or services, introduced or used by you meets the needs of your business and/or are suitable for the purposes for which they are used.
(e) You acknowledge that Third Party Suppliers are entitled, as a third party beneficiary of these Terms and Conditions, to independently enforce its provisions insofar as it relates to the Third Party Products and / or impacts the Third Party Supplier. Third Party Suppliers are independent contractors and are not employees, agents, subcontractors or authorized representatives, partners or joint ventures of us.
You must not assign any rights or benefits under these Terms and Conditions unless you have obtained our prior written consent. We may assign our rights and benefits under these Terms and Conditions at any time without notice.
If at any time you owe us money on any account in excess of the pre-approved account limit then in addition to any other rights we have you agree we may enter any premises owned, possessed or controlled by you where the Product is stored and remove the Product and re-sell all or any of them. We are not liable to you if we take such action. If we request, you will obtain a landlord’s waiver in a form acceptable to us.
When you take Delivery of the Product, you must inspect it immediately. You must report to us in writing any damage, suspected defects, or incorrect supply within seven (7) days of Delivery otherwise we may refuse any claim you make. If the Product is damaged when we deliver it to you, we may accept its return and replace it with an equivalent Product or credit you with the price paid, at our option. You must comply with any reporting requirements imposed by either us or a Third Party Supplier.
To return any product to us, you must obtain a Return Material Authorisation Number (RMA#) from us by contacting DDNZ Returns Authorities at Returns.Authorities@dickerdata.co.nz.
We will accept the return of the Product if the Product is not in accordance with your Order, your proof of purchase is returned, and the Product is returned to us in its original condition within 14 days of the RMA# being issued by us. You are responsible for the cost of returning the Product to us.
If you wish to return to us a Product which we have correctly supplied to Order you must let us know within seven (7) days of Delivery. If we agree to the return of such Product we may charge you a handling or re-stocking fee of between $50.00 per Product or 10% of the price of Product returned plus any delivery costs. If we accept the return of Product which was specifically produced to your specifications or has been damaged or altered by you, we will not credit you with the price paid for it.
If you have a dispute with us in relation to an invoice, you must notify our credit department in writing of your dispute within seven days of the receipt of our invoice. You may not set off against or deduct from the price of Product you have Ordered any money you claim we owe you. If you do not dispute an invoice within seven (7) days of receipt of the invoice you will be deemed to have accepted the amounts payable in that invoice and waived your right to dispute any amount. All undisputed amounts must be paid by the Due Date.
We will not be responsible for any loss or damage however caused to any person or to the property of you, End Users or any third party as a result of any defect in the Products (whether patent or latent), and you indemnify us against any claims made against us by any End User or other third party arising out of any such defects.
We will not be liable to you, any End Users or third parties as a result of the suspension of access to on-line services under any subscription.
Our liability in respect of any claim that any Products are defective will be limited to:
(a) the replacement of the Products or the supply of equivalent Products;
(b) repair of the Products;
(c) the payment of the cost of replacing the Products or of acquiring equivalent Products; or
(d) the payment of the cost of having the Products repaired,
whichever we in our absolute discretion (to the extent permitted by law) thinks fit.
We will have no liability to you, End Users or third parties under any claim arising out of or relating to a subscription, including the suspension or disablement of access to, or non-provision of, on-line services in accordance with the Third Party Terms and Conditions and/or these Terms and Conditions.
To the maximum extent permitted by law we:
(a) exclude all warranties, representations or guarantees (whether express, implied or statutory) in relation to the Products, including, without limitation, any warranty of fitness for any particular purpose; and
(b) will not be liable for costs, damages, expenses or losses (whether direct or indirect) incurred by you or any third party as a result of our actions or omissions, nor liable in contract or in tort or otherwise in any way.
For the purposes of section 5d of the Fair Trading Act 1986 (“FTA”) and section 43 of the Consumer Guarantees Act 1993 (“CGA”), the parties acknowledge and agree that: (a) the Products that we provide to you are being provided and acquired in trade; and (b) to the extent permitted by law, the parties are contracting out of the CGA and sections 9, 12A and 13 of the FTA.
You must defend, indemnify and hold harmless us and our Third Party Suppliers against any claims, demands, suits, damages, losses, liabilities, fines, penalties, judgments or costs of whatsoever nature (including reasonable legal fees), arising out of or connected with (i) a breach of these Terms and Conditions; (ii) a violation of any applicable Law including but not limited to import or export laws; (iii) asserted or actual infringement of any intellectual property rights; (iv) personal injury, death or property damage; (v) unlawful, unfair or deceptive trade practice; and (vi) any other acts or omissions by you or your contractors.
We shall not be liable for any indirect and/or consequential loss and/or expense (including loss of profit, loss of data, or loss of business or contract) suffered by you arising out of any breach by us of these Terms and Conditions or in tort.
Where we are liable to you, the maximum liability shall not exceed the value of the Products provided by us to you.
These Terms and Conditions override your terms and conditions, including any terms and conditions attached to any purchase order (even if issued after these Terms and Conditions). You acknowledge and agree any purchase order (and any terms and conditions attached to any purchase order) issued by you has no effect and is for administrative purposes only. To the extent of any discrepancy between these Terms and Conditions and any other (including your own) terms and conditions these terms and conditions prevail.
You acknowledge that we may impose a minimum quantity for individual purchases as a condition of sale. We may impose a processing fee for approved purchases below the minimum quantity.
Nothing in these Terms and Conditions creates any relationship of employment, agency or partnership between you and us. To the maximum extent permitted by law, you must not make any warranty or representation on behalf of us or a Third Party Supplier. The benefit of these Terms and Conditions is held by us on our own behalf and on trust for our Third Party Suppliers.
You agree to protect the intellectual property rights of the Products and cooperate with us and our Third Party Suppliers in their efforts to protect their intellectual property rights. You must notify us of any suspected or known breach or breaches of intellectual property rights as soon as is practicably possible after becoming aware of the breach or breaches. You must provide us or the Third Party Supplier (as applicable) control of any proceedings and provide us or the Third Party Supplier with all reasonable assistance in the defence of any claim that the Products infringe any third party intellectual property or other rights.
These Terms and Conditions do not give you any intellectual property rights in the Products. If we source, produce or manufacture any Product samples or prototypes specifically for you, you do not acquire any intellectual property rights in such samples and prototypes.
Your details and information that you provide us about yourself may be retained by us on our database and used by us or Third Party Suppliers. You have no rights in that database. We may use such database in the conduct of our business, subject to privacy and other relevant laws.
We are not liable for any infringement or unauthorised use of any intellectual property rights arising from these Terms and Conditions. If any dispute or claim is made in respect of any infringement or unauthorised use of intellectual property rights, we may terminate these Terms and Conditions by notice to you and without liability to you or any other person.
In these Terms and Conditions, intellectual property rights include the full benefit of any rights in any copyright, trademark, registered design, patent, trade and business names, know-how, inventions, improvements, discoveries and confidential processes and includes without limitation artistic works, images, illustrations and photographs and any adaptation or concept relating to it.
You must not directly or indirectly disclose Confidential Information to any other person. You must take all reasonable steps to secure and keep secure the Confidential Information coming into your possession.
For the purposes of this clause, "Confidential Information" includes, without limitation, our quotations and our Third Party Suppliers' non-public information about current or future products and services, business plans, market data, financial data, sales information and any other information that the party identifies as confidential, or which you should reasonably understand to be confidential based on the nature of the information or the circumstances of disclosure. The obligations of confidentiality under this clause do not apply to information that is generally available to the public (other than by breach of these Terms and Conditions) or is required to be disclosed by any applicable law.
These terms and conditions are governed by, and you agree to submit to, the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand.
These Terms and Conditions form the entire agreement on which we are willing to trade with you and all or any previous agreements or understandings we may have had with you are superseded by these Terms and Conditions. We may vary these Terms and Conditions at any time, either by written notice to you specifying the variation(s) or by way of a general notification on our website. All transactions after the date specified in such notice will be subject to the altered Terms and Conditions. If you continue to trade with us after the date such alterations become effective you will be deemed to have agreed to the altered Terms and Conditions.
If, at any time:
(a) you believe that you may not or may be unable to perform or comply with your obligations under these Terms and Conditions;
(b) you are unable to pay your accounts as they fall due for payment;
(c) you intimate that you will not be able to pay your accounts as they fall due for payment;
(d) an event occurs which would entitle a creditor to petition for your liquidation;
(e) you go into liquidation;
(f) there is an appointment of a receiver and/or statutory manager of you or any material part of your assets;
(g) there is the passing of a resolution for voluntary liquidation, or for the appointment of an administrator, in respect of you;
(h) you cease or threaten to cease to carry on business or are unable to pay your debts as they fall due;
(i) a cheque or bill of exchange received from you is dishonoured;
(j) your account is overdue and is not settled in accordance with these Terms and Conditions;
(k) there is a change or a change is proposed to your shareholding, shareholders or directors;
(l) there is a seizure of Products by any other creditor of you or any other creditor intimates that it intends to seize Products;
(m) any Products in your possession are materially damaged while any sum due from you to us remains unpaid;
(n) you (in the case of an individual) die or are adjudicated bankrupt;
(o) a court judgment is entered against you and remains unsatisfied for seven(7) days; or
(p) there is any material adverse change in your financial position,
(each of the above being a “Default Event”), then you agree that (without prejudice to any other rights and remedies we may have at law or in equity):
(q) you will immediately notify us that one or more Default Events has occurred, and you will keep us notified on a monthly basis until such Default Event no longer exists (if applicable);
(r) we may cease further Deliveries to you of any Product, or suspend any subscriptions, you have purchased while a Default Event exists;
(s) we may close your account with us, and/or terminate any or every agreement or Order between us relating to the supply of Product;
(t) we may request payment in advance for all Products you have Ordered from us; and
(u) we have no obligation to respond to any offer you make to purchase any of our Product while a Default Event exists.
You give irrevocable authority to us to enter any premises occupied by you or on which Products are situated at any reasonable time after a Default Event has occurred (or beforehand if we believe a Default Event is likely to occur) to remove and repossess any Products and any other property to which Products are attached or in which Products are incorporated, and to suspend any subscription.
We may either resell any repossessed Products and credit your account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Products and credit your account with the invoiced value of those Products less such sum as we reasonably determine on account of wear and tear, depreciation, obsolescence, payments made or due to be made by us to third parties for subscriptions, loss of profits and/or costs.
You acknowledge and agree that:
(a) these Terms and Conditions constitute a security agreement for the purposes of section 36 of the PPSA which is registrable on the Personal Property Securities Register (“PPSR”); and
(b) this clause 26 creates a security interest in all previously supplied (if any) and present and after acquired Products and any proceeds supplied by us to (or for the account of) you as security for your obligations to us.
(a) sign any further documents and provide any further information, such information to be complete, accurate and up-to-date in all respects, which we may reasonably require to register a financing statement or financing change statement on the PPSR and ensure that any registration remains fully effective;
(b) indemnify, and upon demand reimburse, us for all expenses incurred in registering a financing statement or financing change statement on the PPSR or discharging any financing statement;
(c) not register a financing change statement or a change demand on the PPSR without our prior written consent;
(d) give us not less than 30 days’ prior written notice of any proposed change in your name and/or any other change in your contract details; and
(e) waive your right to receive a verification statement in accordance with section 148 of the PPSA.
We and you agree that sections 114(1)(a), 120(1), 122, 133 and 134 of the PPSA will not apply on the enforcement by us of any security interest created or provided for by these Terms and Conditions. You hereby waive any rights you may have under sections 116, 120(2), 121, 125, 126, 127, 129, 131, and 132 of the PPSA.
Nothing in these Terms and Conditions will be construed as:
(a) an agreement to subordinate the security interest or the charge under these Terms and Conditions in favour of any person; or
(b) a consent by us to any other security interest attaching to (as “attach” is used in the context of the PPSA), or any other security subsisting over, any Products.
(c) Your use of Third Party Products may also be subject to the privacy policies of Third Party Suppliers.
(d) It is your responsibility to ensure that the contact details we have about you including your address details are correct and up to date at all times. You must promptly notify us of any change in your contact details.
(e) You agree that we may obtain information, including personal information, and make such enquiries about you as we consider is warranted from any source including credit reference agencies for the purpose of assessing your credit worthiness.
(f) We may also disclose information about you to credit reference agencies for the purpose of obtaining a credit report on you. Those credit reference agencies may retain that information and provide it to their customers who use their credit reporting services.
(g) If you default in any obligations to us then information about you may be disclosed to credit reference or debt recovery agencies and retained by them. Those agencies may provide that information to their customers who use their credit reporting services.
Where you are a trustee:
(a) You agree to produce a stamped copy of the trust deed (with all amendments) if and when requested by us.
(b) You warrant that you have full power and authority to enter into this agreement on behalf of the trust and that the trust shall be bound by these Terms and Conditions both personally and as trustee, irrespective of whether or not you or the trust disclose to us that if you are a trustee at the time of entering into any credit agreement with us.
We may in our sole discretion assign, subcontract or sub licence any or all of our obligations under these Terms and Conditions from time to time.
You have no right to bind us to any liability to any third party by contract or otherwise.
Any time, indulgence, waiver or non-exercise by us of any of these Terms and Conditions shall not affect any of our rights under these Terms and Conditions nor shall it be deemed a waiver by us of any provision of these Terms and Conditions or subsequent breach of these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid, illegal or otherwise unenforceable, it will be deemed modified to the extent necessary in the court's opinion to render it enforceable, and the rights and obligations of the parties will be construed and enforced accordingly, preserving, to the maximum extent possible, the intent of the parties.
Where you are a trustee:
(a) You agree to produce a stamped copy of the trust deed (with all amendments) if and when requested by us.
(b) You warrant that you have full power and authority to enter into this agreement on behalf of the trust and that the trust shall be bound by these terms and conditions both personally and as trustee, irrespective of whether or not you or the trust disclose to us that if you are a trustee at the time of entering into any credit agreement with us.
We may in our sole discretion assign, subcontract or sub licence any or all of our obligations under these terms and conditions from time to time. Any time, indulgence, waiver or non-exercise by us of any of these terms and conditions shall not affect any of our rights under these terms and conditions nor shall it be deemed a waiver by us of any provision of these terms and conditions or subsequent breach of these terms and conditions.
If any term or condition is found to be invalid, illegal or otherwise unenforceable, it will be deemed modified to the extent necessary in the court's opinion to render it enforceable, and the rights and obligations of the parties will be construed and enforced accordingly, preserving, to the maximum extent possible, the intent of the parties.
In these terms and conditions unless otherwise indicated by the context: (i) reference to a party includes that party’s successors and permitted assigns; (ii) “including” and other similar words are not words of limitation; (iii) an agreement, deed, covenant, representation or warranty on the part of two or more persons binds them jointly and severally; (iv) general words following words describing a particular class or category are not restricted to that class or category; (v) “Customer” means the person or organisation named in the Application and/or who Orders Products from us, either for their own use or for resale to End Users; (vi) "End User" means the person or organisation who purchases Products from the Customer; (vii) “GST” means goods and services tax as defined in the New Zealand Goods and Services Tax Act 1985, as amended from time to time; (viii) "Order" means an order submitted by the Customer by using the online order process on our website, by email or by phone; and (ix) “Third Party Suppliers” means the suppliers or vendors of the Third Party Products.
DICKER DATA LTD trading as Dicker Data (“we” or “us” or “our”) respects your privacy and we are committed to the protection of personal information. We follow the National Privacy Principles in the Privacy Act 1988 (Cth).
The purpose of this Privacy Statement is to let you know how we collect, use and disclose personal information.
We collect personal information so that we can provide you with our services and products and to manage our activities. We only collect personal information that is relevant and where necessary.
The type of personal information we collect will depend upon the reason for its collection. If you are interested in our products, the type of information we collect will include financial details and credit and trade references.
We collect personal information about you in a number of ways including:
Where reasonable and practicable, we collect personal information directly from you rather than a third party. When we collect personal information, we collect it in a way that is lawful, fair and not intrusive. We do not collect sensitive information about you without your consent.
Personal information which we have collected for a particular purpose will not be used for any other purpose unless that purpose is related to the main purpose for which we collected the information and it is reasonable to expect us to use or disclose the information for that other purpose.
Personal information which we collect may be used by us:
If you provide us with personally identifiable information, you may receive from time to time, telephone calls, emails or letters containing information about us. You agree to receiving emails and letters from us including information not only on the areas of interest you have indicated but all types of news and information on our services and products. If you do not want to receive them, please contact us. You may be asked to indicate your preference to receiving promotional material, when submitting information to us.
We may employ other companies or individuals to assist us in providing our services, or to provide certain services such as analysing customer lists, providing marketing assistance or consulting services. These third parties may have access to information needed to perform their function but cannot use that information for other purposes.
We do not provide any personal information to any third parties other than where required by law or as set out in this Privacy Statement.
We will not sell, trade or rent your personal information to others. We may provide aggregate statistics on our customers and users of our website to third parties such as advertisers, but these statistics will include no personally identifying information.
We co-operate with law enforcement agencies as required by law. We will also use or disclose personal information if we reasonably believe that it is necessary to lessen or prevent a serious or imminent threat to the life or health of a person.
All reasonable steps are taken to ensure that all information is treated confidentially, kept secure and protected against unauthorised use, modification or disclosure and is maintained only for the purpose for which it is intended. Your email address will not be distributed to any third party.
We use secure data communications technology.
You have the rights given by the Privacy Act 1988 as amended.
Where possible, we give you the opportunity to deal with us anonymously. We may not however be able to provide you with our full range of services and products if you do not provide us with personal information.
All reasonable steps are taken to correct the information we hold where that information is not accurate, up-to-date and complete.
You have the right to access your personal information to ensure that it is accurate, relevant, up to date and complete. If you believe that any of your personal information is incorrect, please let us know. There is no fee for requesting access to your information, however, we may charge you the reasonable cost of processing your request.
We may decline access to your personal information in special circumstances, such as where allowing you access could put you or another person at risk of harm, infringes on the privacy of another person or if we believe that your request for access is unlawful, frivolous or vexatious.
Intellectual property in all material sent to you belongs to, is licensed to or is authorised for use by us. We permit you to print or download extracts from this material for your personal use only. None of this material may be used for any commercial or public use, stored in or transmitted to any other website or distributed in any other form without our prior permission.
Cookies that are used in any part of our website will not be utilised for collecting personally identifiable information and will only be used for internal management purposes.
Our website may from time to time contain links to the websites of other organisations which may be of interest to you. If you access linked sites, you do so at your own risk. We do not operate or control these third-party sites and we are not responsible for their contents, operation, privacy, accuracy or security policies. This Privacy Statement does not cover any linked sites.
If any personal information you submit changes, please update that information by contacting us.
We may from time to time make changes to this Privacy Statement. The latest version of our Privacy Statement is available on our website. You can also contact us to obtain a copy our Privacy Statement.
Requests for information about our Privacy Statement are welcomed. For further information on our Privacy Statement please contact:
230 Captain Cook Drive
KURNELL NSW, 2231
Ph: +612 9589 8400