Please read these terms carefully to ensure that your are properly informed about important matters such as your payment obligations, your warranty entitlements, Canon’s liability to you and Canon’s right to dispose of uncollected goods. Customers should contact Canon within 24 hours if they object to any of these terms.
Definitions and application of terms
1.1. These terms apply to the Customer's goods (the Goods) and the Canon warranty and repair services (the Service’s) specified in the Service Repair Form issued by Canon to the Customer. They apply in addition to any other relevant terms which Canon may notify to the Customer in writing and the Customer may accept. In the event of conflict the latter terms will prevail.
1.2. Nothing in these Terms is intended to limit or replace any rights you have under the Consumer Guarantees Act 1993 (CGA), prov ided that if you are acquiring, or hold yourself out as acquiring, Products and Services for the purposes of a business in terms of section 43(2) of the CGA, the provisions of the CGA will not apply and you will not assert or attempt to assert any rights or claims against Canon under the provisions of the CGA.
1.3. These Terms and Conditions are governed by the laws of New Zealand (without reference to conflicts of laws principles), and all matters or disputes connected with these Terms and Conditions will be dealt with by the New Zealand courts.
2.1. Canon will use its best endeavours to perform the Services by the date notified to the Customer. In some circumstances, delivery of the Services may be affected by factors out of its control, such as parts availability.
3.1. Canon will issue an invoice detailing repair work completed to the Customer within a reasonable time. 3.2. If you are paying by credit card, you represent and warrant that the credit card you use to pay for the Services is issued in your name.
3.3. Canon reserves the right to amend any Price at any time (including if any Price is recorded incorrectly on the Site). In the event that the Price for a Product or Service is incorrect due to a typographical error or error in pricing information, Canon will have the right to cancel any undelivered orders placed for Products and/or Services listed at the incorrect Price, regardless of whether or not the order has been confirmed or payment has been received. If the order is cancelled and payment has been received, Canon will refund the payment. If a credit card was used for payment, then any refund will be applied to that credit card.
3.4. All chargeable Services (including the provision of spare parts and other material) will be paid for by the Customer at Canon’s current rates (including GST). Additional charges, including estimation fees and freight costs, where notified by Canon, may also be payable by the Customer.
3.5. Any amount payable by the Customer for the Services must be paid:
(a) prior to the goods being repaired, any product that is a non-warrantable repair will incur a minimum assessment fee of which payment is required prior to any repair taking place, and
(b) prior to the Goods being returned to, or collected by the Customer, or
(c) within any approved trading terms between Canon and the Customer.
Transportation of Goods
4.1. The Customer will arrange delivery of the Goods to Canon for the Services, at the Customer’s expense, unless required otherwise by law. Canon will not be responsible for the Goods whilst in transit to Canon.
4.2. Upon completion of the Services, Canon will return the Goods to the Customer at the Customer's expense except where:
(a) the Goods are collected by the Customer, or
(b) required to be at Canon s expense under the Consumer Guarantees Act 1993 (CGA)
4.3 If the Goods are lost or are significantly damaged during transit in delivery back to the Customer, Canon shall repair the Goods at Canon’s expense. The Customer must notify Canon immediately upon receipt if the Goods are lost or significantly damaged.
4.4 If Canon is unable to repair the Goods as required in clause 4 3, Canon will replace the Goods with new goods that are the same or similar (as reasonably determined by Canon) to the Goods.
5.1. The Goods will comply with its manufacturer specification once the Goods are repaired as requested by the Customer under the Services. In addition to the exclusions set out in the relevant manufacturer's specifications, the Services will not cover any wear and tear, or physical damage, which includes liquid or particle ingress, to the Goods.
5.2. If the Goods do not comply with the manufacturer specification as set out in clause 5.1, then subject to any additional rights under law, the Customer may request Canon to perform the Services again. If this is required, the Customer agrees to return the Goods to Canon as soon as possible.
5.3. The Customer acknowledges that due to the nature of the Services and the Goods, repairs made to the Goods may result in loss of any data.
5.4. In some circumstances, Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
Disposal of Uncollected Goods
6.1. This clause applies in the event the Customer fails to collect the Goods after completion of the Services within a reasonable time. In those circumstances, the Customer agrees that Canon may dispose of the Goods in accordance with this clause.
6.2. One month after the date of issue of the invoice, Canon will send a written reminder to the Customer at the Customers address last notified to Canon by the Customer. Canon will repeat this procedure two months and then three months after the date of invoice, if the customer does not collect the Goods or instruct Canon to send the Goods to the Customer before then. It is the Customer's responsibility to keep Canon informed of any changes to the Customer’s address.
6.3. If the Customer has not collected the Goods or requested Canon to send the Goods within four months from the date of invoice to the Customer, Canon may dispose of the Goods by such means as it considers appropriate, including (but not limited to) private sale, auction, gift or destruction. Canon will apply proceeds of any sale of the Goods in the following sequence until the proceeds are exhausted:
(a) to pay any amount owed by the Customer in relation to Services,
(b) to pay any other amounts owed by the Customer to Canon and
(c) as a donation to a registered charity of Canon’s choosing
6.4 Canon is not obliged to release or send the Goods until after the Customer has paid any such outstanding amounts. If the Customer pays any outstanding amounts owed to Canon within four months then the Customer may collect the Goods or instruct Canon to send the Goods to the Customer.
7.1. If the Services are not for Goods ordinarily acquired for personal, domestic or household use or consumption, and fail to comply with a consumer guarantee under the Consumer Guarantees Act 1993 (CGA), Canon limits its liability to the remedy set out in clause 5.2.
7.2. Subject to law, clause 1.2 and 5.2 above state the full extent of Canon’s potential liability to the Customer in respect of the Services. All other potential liabilities are expressly excluded.