Terms of Online Sales of New Products and Warranty Services

   

Please read the Terms and Conditions below carefully.

Lenovo (Australia and New Zealand) Pty Limited ABN 70 112 394 411. ("Lenovo") will accept your order only if (1) you accept these terms and conditions, (2) you provide a valid ship to address within New Zealand, and (3) the Product or Service you have ordered is available.

Lenovo accepts your order by 1) shipping the hardware Product or making the software Product available to you, or 2) providing the Service. Confirmation of Lenovo's receipt of your order does not constitute Lenovo's acceptance of your order. Your order, these terms and conditions, including associated warranty statements, license agreements, and its applicable attachments, are the complete agreement between you and Lenovo regarding your purchase of Products or Services and replace any prior oral or written communications between you and Lenovo. Any additional or different terms in any order or written communications from you are void.

Prices listed on our website, quoted via telephone or web chat are in New Zealand dollars and include all applicable taxes and delivery charges. Prices may change subject to variation of the applicable tax at the time of billing.

All promotional products listed on the Lenovo website are the final prices and not subject to further discounts. Offers cannot be combined with any other existing promotional offers. Offers, prices, specifications and availability may change without notice. Lenovo reserves the right to withdraw our offers, change prices or product specifications at any time without notice.

If the price of a Lenovo Product or Service (excluding items on clearance) is reduced after purchase, you may contact Lenovo on 0800 446 8330800 446 833 (option 5) to request for a refund of the reduction within 7 days of delivery of the Product or Service.

Lenovo is not responsible for any typographic or photographic errors. Lenovo makes no representation of warranty regarding third party products or services. Lenovo reserves the right to refuse to sell a product to any customer for any reason, or to limit the number of units to a particular product that a customer may buy at any one time. If we do not accept your order we will notify you by telephone or email. Your card payment will not be processed or your direct deposit will be refunded.

1. Definitions

Product is any Lenovo or third party hardware or software we provide to you under this Agreement. Hardware products include computers and options or accessories. Software products include computer software programs (whether pre-loaded or provided separately) and related licensed materials such as documentation.

Service is the performance of a task, provision of advice, assistance, or access to a resource (such as access to an information data base) we make available to you.

2. Payment

Except for credit or debit card transactions, amounts are due upon receipt of invoice. You agree to pay as specified by Lenovo in the invoice, including any applicable sales, use or similar taxes, fees or duties (unless you supply exemption documentation), any late payment fee, and shipping charges. You are responsible for taxes, if any, for each Product from the date Lenovo ships it to you, or when Service is provided. No other discounts, quantity entitlements, or promotions apply unless expressly specified for this transaction.

Payment by PayPal will be charged at or shortly after the time you place your order. You must be authorised to use the PayPal account when creating a billing account.

If a Product is quoted at an incorrect price due to typographical error or error in pricing information: 1) Lenovo has the right to refuse or cancel any orders placed for the Product quoted at the incorrect price, even if Lenovo has confirmed the receipt of your order and charged your credit or debit card: and 2) if Lenovo has charged your credit or debit card but subsequently canceled your order, Lenovo will promptly issue a credit to your credit or debit card account for the amount charged; for PayPal account payments, refunds may take effect between 1 and 10 days and may depend on PayPal's ability to process the cancellation.

3. Return Policy

If you are not happy with your purchase, you can return it for a full refund, based on your payment method, provided that (a) the Product(s) are undamaged, and (b) within 14 days of the Product being delivered to you, you contact Lenovo Post Sales on 0800 446 8330800 446 833 (option 5).

You must deliver all the product, documentation and accessories intact and in their unopened original packaging along with the shipping label and packaging slip to the address advised by Lenovo within 10 days of the date you requested return.

Lenovo's return policy excludes Lenovo Clearance Products, Lenovo Services and third party (non Lenovo) products including software, in which case you need to contact the third party directly.

If you placed the order using a credit card the refund will be made to that credit card. Other methods of payment will be refunded via cheque/ direct transfer to your nominated bank account.

Refunds will be processed within 5-10 business days of the products being returned to Lenovo. Please note that this may vary depending on your credit card provider and/or bank processing times.

4. Cancellation and Variation Policy

You cannot cancel or vary an order once it has been placed with Lenovo.

For orders that use direct debit /payment by wire as their payment method, if payment is not received in cleared, immediately available funds within 5 business days of the day the order is placed, Lenovo reserves the right to cancel the order.

5. Lenovo Error

If Lenovo makes an error by delivering the incorrect product or quantity to you Lenovo will provide you with the correct product and/or quantity at no cost to you.

Please contact Lenovo on 0800 446 8330800 446 833 - Option 5

6. Damaged on Arrival Policy

If on delivery to you the product packaging has obvious damage or upon opening the packaging a product is found to have sustained physical damage then Lenovo will provide you with a replacement product at no cost to you.

Please contact Lenovo on 0800 446 8330800 446 833 - Option 5

7. Dead on Arrival (DoA) Policy

If a product suffers a warrantable failure within 14 days of delivery that product is considered DoA and Lenovo will, at its discretion, repair or replace that product. Lenovo will arrange and pay for a courier to collect the original product from you. You must contact the Lenovo Customer Care within 14 days of delivery and need to provide the proof of purchase as well as the model and serial numbers of the product:

Please contact Lenovo on 0800 446 8330800 446 833 - Option 5

If Lenovo determines that the product was not DoA then Lenovo reserves the right to charge you the cost of collecting the product from and returning it to you plus any costs of inspecting the product.

8. Lenovo Warranties

Lenovo hardware Products are warranted under the Lenovo Limited Warranty accompanying each Lenovo hardware Product.

UNLESS OTHERWISE AGREED, ALL SOFTWARE, SERVICE, SUPPORT AND ALL THIRD PARTY PRODUCTS AND SERVICES ARE, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, PROVIDED AS IS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. However, Lenovo may provide warranty for Lenovo software if specified in the applicable software license agreement. Third party manufacturers, suppliers, service providers or publishers may provide their own warranties to you.

9. Title and Risk of Loss

Lenovo transfers title to a hardware Product to you when Lenovo ships the hardware Product. However, Lenovo reserves a purchase money security interest in the hardware Product until Lenovo receives all amounts due. Lenovo does not transfer title to software Products.

Lenovo bears the risk of loss for the hardware Product until it is delivered to the location you specified in the order. Thereafter, you assume the risk.

10. General

Lenovo may change components or parts of a hardware Product without notice due to the availability of such components or parts, provided that the components or parts provide equal or better performance. Such changes will be at no additional cost to you, and will not affect the hardware Product Lenovo Limited Warranty.

If you resell Products and Services provided at a discount in competition with our resellers, Lenovo may terminate this Agreement, where legally permitted to do so.

Both of us agree that under this Agreement, all information exchanged is non-confidential. If either of us requires the exchange of confidential information, it will be made under a signed confidentiality agreement.

Lenovo and our related companies will process, store and use information about your transaction and your contact information, including name, phone numbers, address, and e-mail addresses, to process and fulfil your transaction. We may also contact you to notify you about any Product recall, safety issue or service actions. Where permissible under local law, we may use this information to inquire about your satisfaction with our Products or Services or provide you with information about other Products and Services and, if we do so, you may at any time decline to receive any further such communications from us. In accomplishing these purposes, we may transfer your information to any country where we do business, we may provide it to entities acting on our behalf, or we may disclose it where required by law. We will not, however, sell or otherwise transfer the personally identifiable information you provide to any third parties for their own direct marketing use unless we provide clear notice to you and obtain your explicit consent for your data to be shared in this manner.

Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.

Neither of us, including Lenovo's subcontractors, suppliers or software Product developers is liable for any of the following even if informed of their possibility or not and whether arising from contract, tort, (including negligence) or otherwise: 1) third-party claims for damages; 2) loss of, or damage to, data; or 3) special, incidental, or indirect damages or for any economic consequential damages of any kind; and 4) lost profits, business, revenue, goodwill or anticipated savings. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you.

If a third party claims that a Product Lenovo provides under this Agreement infringes that party's patent or copyright, Lenovo will defend you against that claim at its expense and pay all costs, damages, and attorney's fees that a court finally awards, provided that you: 1) promptly notify Lenovo in writing of the claim; and 2) allow Lenovo to control, and cooperate with Lenovo in, the defence and any related settlement negotiations. If such a claim is made or appears likely to be made, you agree to permit Lenovo to enable you to continue to use the Product, or to modify it, or replace it with one that is at least functionally equivalent. If Lenovo determines that none of these alternatives is reasonably available, you agree to return the Product to Lenovo on its written request. Lenovo will then give you a credit equal to the amount you paid for the Product. Lenovo has no obligation regarding any claim based upon: (i) anything you provide which is incorporated into, or combined with a Product; (ii) your modification of a Product; or (iii) Lenovo's compliance with your specifications or requirements.

11. Lenovo Warranties

Certain State and Commonwealth legislation, including the Competition and Consumer Act 2010 (Cth), provide consumer guarantees which cannot be excluded, restricted or modified except to a limited extent.  Lenovo's Terms and Conditions do not purport to exclude any such statutory rights available to you and must in all cases be read subject to those statutory provisions.

Apart from the statutory consumer guarantees, Lenovo hardware Products are expressly warranted under the Lenovo Limited Warranty accompanying each Lenovo hardware Product.

Lenovo may provide an express warranty for Lenovo software if specified in the applicable software license agreement.

Third party manufacturers, suppliers, service providers or publishers may provide their own express warranties to you.

12. Title and Risk of Loss

Lenovo transfers title to a hardware Product to you when Lenovo ships the hardware Product. However, Lenovo retains title in the hardware Product until Lenovo receives all amounts due. Lenovo does not transfer title to software Products.

Lenovo bears the risk of loss for the Product until it is delivered to the location you specified in the Order. Thereafter, you assume the risk.

13. General

Lenovo may change components or parts of a hardware Product without notice due to the availability of such components or parts, provided that the replacement components or parts provide equal or better performance. Such changes will be at no additional cost to you, and will not affect the hardware Product Lenovo Limited Warranty.

You warrant that any purchase made by you from us is not for the purpose of commercial resale.

Both of us agree that under these Terms and Conditions, all information exchanged is non-confidential. If either of us requires the exchange of confidential information, it will be made under a signed confidentiality agreement.

Lenovo and our related companies will process, store and use information about your transaction and your contact information, including name, phone numbers, address, and e-mail addresses, to process and fulfill your transaction. Lenovo will not be able to perform our Services if you refuse to provide your information or do not wish us to transfer your information to our agent or contractor. You have the right to access your personal contact information and request correction of any errors in it pursuant to the Privacy Act 1988 by contacting Lenovo. We may also contact you to notify you about any Product recall, safety issue or service actions. Where permissible under Australian law, we may use this information to inquire about your satisfaction with our Products or Services or if you have given us consent, provide you with information about other Products and Services; if we do so, you may at any time decline to receive any further such communications from us. In accomplishing these purposes, we may transfer your information to any country where we do business, we may provide it to entities acting on our behalf, or we may disclose it where required by law. We will not, however, sell or otherwise transfer the personally identifiable information you provide to any third parties for their own direct marketing use unless we provide clear notice to you and obtain your explicit consent for your data to be shared in this manner.

Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.

Subject to law and these Terms, neither Lenovo (including its officers, employees or contractors) nor Lenovo's agents, subcontractors, suppliers or software product developers is liable for any of the following even if informed of their possibility or not and whether arising from contract, tort, (including negligence) or otherwise:

(a) third-party claims for damages;

(b) loss of, or damage to, data;

(c) special, incidental, or indirect damages or for any economic consequential damages of any kind; and

(d) lost profits, business, revenue, goodwill or anticipated savings.

Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you.

If a third party claims that a Lenovo branded Product Lenovo provides under this Agreement infringes that party's patent or copyright, Lenovo will defend you against that claim at its expense and pay all costs, damages, and attorney's fees that a court finally awards, provided that you: 1) promptly notify Lenovo in writing of the claim; and 2) allow Lenovo to control, and cooperate with Lenovo in, the defence and any related settlement negotiations. If such a claim is made or appears likely to be made, you agree to permit Lenovo to enable you to continue to use the Product, or to modify it, or replace it with one that is at least functionally equivalent. If Lenovo determines that none of these alternatives is reasonably available, you agree to return the Product to Lenovo on its written request. Lenovo will then give you a credit equal to the amount you paid for the Product. Lenovo has no obligation regarding any claim based upon:

(a) anything you provide which is incorporated into, or combined with a Product;

(b) your modification of a Product; or

(c) Lenovo's compliance with your specifications or requirements.

These Terms and Conditions are governed under the laws of New South Wales, Australia and you submit to the New South Wales courts having jurisdiction to settle any dispute arising out of or in connection with these Terms and Conditions.

Lenovo will not be liable for any loss or damage suffered or incurred by you if we delay in fulfilling or fail to fulfil as they are caused by any circumstance beyond our reasonable control.

Lenovo reserves the right to amend, vary and/or replace these Terms and Conditions at any time, and from time to time, at Lenovo's sole discretion.

Any provision of these Terms and Conditions which is held to be illegal, void or unenforceable shall be deemed to be severed and the remainder of these Terms and Conditions read in full force and effect.

14. Definitions

"Business Days" means a day which is not a Saturday, Sunday or public holiday in New South Wales or in China.

"Product" means the Lenovo service parts provided to you under this Agreement; service parts are parts that may be used to replace the same or similar part in a Lenovo computer, and can be either hardware or software.

"Service" is the performance of a task, provision of advice, assistance, or access to a resource (such as access to an information data base) Lenovo makes available to you.

"Invoice" is the invoice issued by Lenovo and mailed to you after shipment of your ordered item(s) showing their price and any applicable taxes at the time of billing, and is your proof of purchase.

"Order" is the order placed by you in accordance to these Terms and Conditions.

"Order Confirmation" is the order confirmation issued by Lenovo and emailed to you after we have received your Order.