Loading the content... Loading depends on your connection speed!

Terms and Conditions of Sale

NXP Limited (formerly Winc New Zealand / Staples)

Please read these terms and conditions of use carefully. These terms and conditions may have changed since your last visit to this site. By using this site, you indicate your acceptance of these terms and conditions. If you do not accept these terms and conditions, then do not use this site.

1. Scope

All goods and services (“Products”) supplied by NXP Limited (“NXP”) are supplied on these terms and conditions.

2. Order Acceptance

No order shall be binding on NXP until accepted by NXP. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by NXP of an order from the Customer. NXP reserves the right to accept any order in whole or in part. Where NXP makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by NXP.

3. Payment Terms

All credit orders are accepted by NXP subject to satisfactory credit approval of the Customer, and are governed by NXP’ credit terms and conditions in force at the time of order placement, including the right to charge interest. Credit approval once granted may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products or Services supplied is required on delivery. Where credit has been granted, payment for the Products or Services is to be made on or before 30 days from the date of invoice, or 15 days from the date of a consolidated monthly statement, whichever is the earlier, except in the case of software licences, where payment must be made within 7 days of invoice date. Payment must be made in full without set off or deduction. NXP will investigate any disputed amounts, and if resolved in favour of the Customer, a credit will be issued to the Customer. NXP reserves the right to charge Card Surcharges in the event payments are made using a credit, debit or charge card including Visa, MasterCard, American Express or Diners Club.

4. Title to Products

Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to NXP. Risk in the Products will pass to the Customer on delivery to the Customer. Until all sums due to NXP by the Customer have been paid in full, NXP has a Purchase Money Security Interest in all Products. In addition, NXP has a general security interest in all present and after acquired goods for any indebtedness owed by the Customer to NXP.

If the Products are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the Products shall remain with NXP until the Customer has made payment for all Products, and where those Products are mixed with other property so as to be part of or a constituent of any new goods, title to these new goods shall be deemed to be assigned to NXP as security for the satisfaction by the Customer of the full amount owing between NXP and the Customer.

The Customer agrees that NXP shall be entitled to register a Purchase Money Security Interest under the Personal Property Securities Act 1999 (NZ) (“PPSA”), and NXP shall be entitled to recover possession of goods subject to that security interest.

The Customer gives irrevocable authority to NXP to enter any premises occupied by the Customer or on which Goods are situated at any reasonable time after default by the Customer or before default if NXP believes a default is likely and to remove and repossess any Goods and any other property to which Goods are attached or in which Goods are incorporated. NXP shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. NXP may either resell any repossessed Goods and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling, and other costs) or may retain any repossessed Goods and credit the Customer’s account with the invoice value thereof less any sum as NXP reasonably determines on account of wear and tear, depreciation, obsolescence, loss of profit, or costs.

When Goods are retained by NXP pursuant to this clause, the Customer waives the right to receive notice under section 120 of the Personal Property Securities Act 1999 (“PPSA”) and to object under section 121 of the PPSA.

The following shall constitute defaults by the Customer:

a) Non-payment of any sum by the due date.

b) The Customer intimates that it will not pay any sum by the due date.

c) Any Goods are seized by any other creditor of the Customer, or any other creditor intimates that it intends to seize the Goods.

d) Any Goods in the possession of the Customer are materially damaged while any sum due from the Customer to NXP remains unpaid.

e) The Customer is or becomes bankrupt, goes into liquidation or a receiver is appointed to any of the Customer’s assets or a landlord distrains against any of the Customer’s assets.

f) A Court judgment is entered against the Customer and remains unsatisfied for seven days.

g) Any material adverse change in the financial position of the Customer.

The Customer undertakes to:

a) Sign any document and/or provide any information, such information to be complete, accurate, and up-to-date in all respects, which NXP may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register (“PPSR”);

b) Indemnify, and upon demand reimburse, NXP for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing any goods charged thereby;

c) Not register a financing change statement (in accordance with Regulation 9) or a change demand (in accordance with Regulation 10) without the prior written consent of NXP; and

d) Give NXP not less than 14 days prior written notice of any proposed change in the Customer’s name and/or any other change in the Customer’s details (including, but not limited to, changes in the Customer’s address, facsimile number, or business practice).

Unless otherwise agreed to in writing by NXP, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA.

5. Delivery

NXP reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by NXP.

For NXP Workspaces: Delivery times for NXP Workspaces may vary and are subject to product availability from the supplier and the location of the supplier.

6. Returns

NXP will accept returns in accordance with the terms and conditions of its then current returns policy available here.

7. Customer Specific Stock

Where NXP has agreed to procure, warehouse and/or distribute Products specifically for the Customer, the Customer must, within 30 days of request, purchase all stock then warehoused and held at the then prevailing supply price. Where the Customer does not do so, NXP may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result. The Customer indemnifies NXP against all claims, demands, loss, costs and expenses incurred by or made against NXP, arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that NXP may use, print or reproduce at the Customer’s request.

8. Liability

Except for those required or implied by legislation, NXP gives no express warranty in relation to products and services supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of NXP. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of NXP under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited at the option of NXP, to:

(a) If the breach or liability relates to goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired.

(b) If the breach or liability relates to services:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

To the maximum extent permitted by law and except as expressly provided above, NXP shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data), however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by NXP or the failure of NXP to comply with these terms and conditions.

9. Consumer Guarantees Act

The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Goods from NXP for the purposes of a business in terms of sections 2 and 43 of that Act.

10. Conflicts

These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer’s order. In the event of any inconsistency, NXP will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. NXP reserves the right to change these Terms and Conditions at any time. Additional terms and conditions also apply when an order is placed via nxp.nz.

11. GST

NXP reserves the right to recover from the Customer all goods and services tax (“GST”) payable in respect of the supply of goods and services to the Customer.

12. Jurisdiction

These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and the parties agree to submit to the jurisdiction of the courts of New Zealand.

13. No Waiver

The failure by NXP to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver or preclude any other or further exercise or the exercise of any other right or power.

14. NXP Furniture Fundamentals Terms

These terms and conditions apply only to the NXP Furniture Fundamentals Range.

a) Free delivery is available on all orders of furniture in the NXP Furniture Fundamentals Range with delivery to metropolitan areas in Auckland, Wellington and Christchurch. For deliveries outside these areas delivery charges may apply and will be advised at the time of purchase. Alternatively please call 0800 800 547 to speak to sales support about any delivery charges to your area.

b) Deliveries are only available to the North and South Islands. Deliveries can only be made to the nominated address between 8:00am and 5:00pm, Monday to Friday on business days. Deliveries cannot be made to post office boxes.

c) NXP Fast & Free Delivery is available on the NXP Furniture Fundamentals Range to all areas in which free delivery is available. The intention of NXP Fast & Free Delivery is to arrange delivery of furniture in the NXP Furniture Fundamentals Range to customers in the free delivery areas within 5 business days of order completion. Delivery outside the free delivery area may still be within 5 business days although cannot be guaranteed. While every effort is made to ensure delivery within the expedited time, it cannot be guaranteed and delivery times may be affected by external factors out of the control of NXP. Furniture assembly is available on selected products, within the delivery area. Please contact your NXP Account Manager for further details.

15. Sustainable Earth - Premium Compatible Toner Limited One Year Warranty

The following warranty is offered by NXP in addition to the statutory rights to which you may be entitled under applicable consumer protection laws and regulations.

NXP warrants to the original purchaser that the Sustainable Earth™ Toner Cartridge shall be free of defects in design, assembly, material or workmanship for the earlier of the life of the cartridge (until the toner is depleted) or for one year from date of purchase. Your toner is depleted when you begin to see faded or light type on your printed page or, if applicable, your printer indicates a toner low message. NXP will replace any defective Sustainable Earth™ Toner Cartridge free of charge by contacting technical support or your NXP representative.

NXP further warrants that the toner cartridge will not damage the print-head or printing mechanism when stored, installed and used in accordance with our recommended procedures or the printer manufacturer’s recommended procedures. In the event of any damage to a print-head or printing mechanism caused solely and directly by the use of Sustainable Earth™ Toner Cartridge, NXP will pay the reasonable cost of service and repair of the print-head or printing mechanism so damaged, provided the customer (1) notifies us of such damage in writing within thirty days and (2) delivers to us at the customer’s expense, a written service report, signed by authorised technical service personnel, identifying the product supplied as the sole and direct cause of such damage, along with print samples and damaged or replaced parts.

Our goods come with guarantees that cannot be excluded under Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

This warranty does not apply to normal wear or damage from misuse, abuse, improper storage and handling, installation, accident, repair or alteration. To the fullest extent permitted by law, in no event will NXP be liable for any loss of profits, business, savings, data, records, or any incidental, indirect, special, punitive, or consequential damages relating to this product. Except as stated herein or required by law, no other warranties shall apply.

To claim your replacement, contact technical support on 0508 686 063

16. Authority to Leave Terms & Conditions

By selecting 'Yes' at the checkout page (or if you selected this option over the telephone with our Customer Service Center). NXP couriers will leave your parcel at your unattended premises in accordance with your instructions.

You agree that the parcel is deemed received when left at your premises.

NXP and contractors associated with the delivery, do not accept responsibility for any loss or damage which results from this Authority to Leave delivery method. You agree to release NXP from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any other person or entity as a result of this Authority to Leave.

If you do not give NXP Authority to Leave, you will have to be at your premises in order for the delivery to occur.

Terms and Conditions of Credit

NXP Limited (formerly Winc New Zealand / Staples)

Please read these terms and conditions of use carefully. These terms and conditions may have changed since your last visit to this site. By using this site, you indicate your acceptance of these terms and conditions. If you do not accept these terms and conditions, then do not use this site.

1. The Applicant

These Terms and Conditions of Credit (Terms) apply to the establishment, operation and use of the Applicant’s credit account with NXP Limited NZ/CN 123410 (“NXP”), acceptance of which is evidenced by the Applicant’s execution of the New Customer Credit Account Application Form (“Application”)

1. The Applicant warrants that the information provided in the Application is accurate, correct and complete and is supplied for the purposes of obtaining credit.

2. The person/s signing the Application warrants that he/she is duly authorised by the Applicant to apply for credit and execute this Application on their behalf.

3. The Applicant agrees that it is not entitled to any credit facilities until it receives notice in writing from NXP stating that credit facilities have been given and confirming the terms and conditions upon which such credit facilities are given. Until the Applicant receives such notice, any products and/or services that are supplied by NXP to the Applicant will be on the basis of payment up front.

4. The parties agree that, if prior to formally approving credit, NXP grants to the Applicant time to pay for any products and/or services supplied, it does so on these Terms.

5. In the event of NXP granting credit facilities to the Applicant then:

a) All accounts are to be settled in full within the agreed trading terms noted on the NXP statement and/or invoice. Credit facilities may only continue if payment is maintained in accordance with those agreed trading terms.

b) Should the Applicant default in making any payment in accordance with the agreed trading terms, then all monies owing to NXP shall immediately become due and payable. NXP shall be entitled to charge interest at the rate of 1.5% per calendar month on all overdue amounts from the date due for payment until the date of actual payment.

c) Any reasonable expense and/or costs or disbursements incurred by NXP in recovering any outstanding monies including debt Collection agency fees and legal costs shall be paid by the Applicant.

d) It is expressly understood and agreed that this credit arrangement may be terminated at any time by NXP. In that event, all monies owing to NXP will be immediately due and payable.

e) NXP may at any stage during the continuance of the credit arrangement impose as a condition precedent to the grant of further credit that the Applicant give such security or additional security or information as NXP shall in its discretion think fit and in a form acceptable to NXP. NXP shall be entitled to withhold supply of goods or further credit until such security or additional security is obtained.

2. Trusts

Where the Applicant is a trustee, the Applicant warrants that it is the only trustee of the trust and will remain trustee of the trust, it is not aware of any action having been taken to remove it as trustee of the trust, it has the power under the trust deed to enter into and observe its obligations under these Terms and the assets of the trust shall be available to meet payment of any monies due and owing to NXP.

3. Change of Ownership / Particulars

The Applicant will notify NXP no later than 14 days after any change of ownership, change in particulars, any alteration or addition to shareholders or directors, and any change, alteration or addition in the Applicant’s internal structure and senior management.

4. Privacy Act - Disclosure and consent

The Applicant:

a) authorises NXP to gather information, it reasonably regards as necessary for credit enquiry purposed, from any appropriate person or company;

b) authorises any person, or company, to provide NXP with any reasonable information which is necessary for credit enquiry purposes;

c) acknowledges that I/we do not have to provide NXP with any information, but if I/we do not, it may affect their decision to provide credit;

d) understands that I/we have certain rights under the Privacy Act 1993 (NZ), to access and correct any information held about me/us;

e) consents to NXP disclosing information about the Applicant to its subsidiaries, parent company agents and advisers. Customer information may also be used by NXP for account servicing and direct marketing purposes.

5. Law

The parties agree that these Terms shall be governed and construed in accordance with the laws of New Zealand and the parties agree to submit to the jurisdiction of the Courts of New Zealand.

6. Terms and Conditions of Sale

NXP Terms and Conditions of Sale, a copy of which is located here, is incorporated into these Terms and shall apply in respect of all sales made to the Applicant.

Took 0 milliseconds