Lenovo Service Parts Sales Terms and Conditions New Zealand

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1 Lenovo Service Parts Sales Terms and Conditions New Zealand Please read these Terms and Conditions carefully as they apply to the purchase of Products and/or Services from Lenovo (Australia and New Zealand) Pty Limited having been incorporated in Australia but registered in New Zealand (Company Number: ) ("Lenovo"). 1. When is a contract formed between you and Lenovo? No contract for the purchase of Products or Services will be formed until Lenovo accepts your Order by one of the following: (a) shipping the hardware Product and sending you a shipment confirmation ; or (b) making the software Product available to you; or (c) providing the Service to you. Confirmation of Lenovo's receipt of your Order and/or confirmation that the Order has been received and is being processed do not constitute acceptance by Lenovo of your Order. Lenovo will accept your Order only if: (a) you accept these Terms and Conditions; and (b) you provide a valid ship to address within New Zealand; and (c) the Product or Service you have ordered is available or will become available within 30 days. Lenovo reserves the right, at its sole discretion, to decline to accept your Order, or to limit the number of units of a particular Product that you may purchase at any one time. If Lenovo does not accept your Order we will notify you by telephone or . Your card payment will not be processed or your direct deposit will be refunded. 2. What are the terms of the contract? Your Order, these Terms and Conditions, including associated warranty statements, licence agreements, and applicable attachments, form the terms of the contract between you and Lenovo regarding your purchase of Products or Services, and replace any/all prior oral or written communications between you and Lenovo. Any additional or different terms in any order or written communications from you are waived and of no effect, unless expressly agreed in writing by Lenovo. 3. Prices and offers Lenovo makes every effort to ensure the accuracy of all information but takes no responsibility for any editorial, photographic or typographic errors. Lenovo makes no representation or warranty regarding third party Products or Services. Lenovo reserves the right to correct any errors, inaccuracies or omissions and to change or update information on the Lenovo website at any time, without prior notice. Prices quoted via telephone are in New Zealand dollars and include all applicable taxes and delivery charges. All promotional Products quoted via telephone 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

2 specifications at any time without notice. If a Product or Service is quoted at an incorrect price due to typographical error or error in pricing information: (a) Lenovo has the right to refuse or cancel any Orders placed for the Product or Service quoted at the incorrect price, even if Lenovo has confirmed the receipt of your Order and reserved an authorised amount on your credit card, or received your direct deposit; (b) if Lenovo has reserved an authorised amount on your credit card, or received your direct deposit but subsequently cancelled your Order, Lenovo will not process your credit card payment (full authorisation hold on your card will automatically expire after 7 days for Visa cards and MasterCard s and 30 days for American Express cards), or will refund your direct deposit to your nominated bank account for the amount paid; and (c) Lenovo will attempt to notify you as soon as possible about the error and you will have the option of purchasing the Product or Service at the correct price. 4. How does payment work? You agree to pay the price(s) quoted via telephone including any tax(es) and freight charges identified at the time of billing. The total amount specified in the Order Confirmation issued by Lenovo is the amount payable including any applicable taxes (unless you supply us with tax exemption documentation). You are responsible for additional taxes, if any, for each Product from the date Lenovo ships or provides it to you, or when the Service is provided Payment by credit card If you are paying by a credit card, Lenovo will request your credit card issuer an authorisation to reserve the full Order amount on your credit card. Lenovo may contact you, by telephone or if your credit card issuer is unable to authorise your purchase. For more information, you may contact Lenovo support at The payment transaction will only be processed when we have shipped your ordered item(s), the software Product has been made available to you, or the Service has been provided to you. If you have ordered multiple items, you may see multiple charges on your credit card statement if the items in your Order have been shipped at different times. Please note that a credit card with expiry date of the current month cannot be accepted. Please use another credit card with at least 2 months validity or select direct deposit as payment method. Lenovo is not responsible for any foreign transaction fees charged by your credit card issuer if you are using an international credit card. Invoices will be posted to you when your ordered item(s) have shipped, the software Product has been made available to you, or the Service has been provided to you. 5. Shipment and delivery Freight charges are the responsibility of the customer. Lenovo will provide freight charges at the time your Order is placed. Lenovo cannot deliver to a PO Box, Private Mail Box or Private Bag as all deliveries require a signature. Lenovo will normally assemble and ship your Order within 8-10 Business Days from the time of your Order.

3 For delivery times, please allow approximately 5-7 Business Days after shipment to your specified address in New Zealand. Items may or may not be shipped together. The inventory status may change before we can ship your Order. If we are no longer able to offer you the Product you ordered, we will contact you by phone or and you will have the option to cancel your Order. At our discretion, we may offer you alternative Products. If we are unable to deliver your ordered item(s) within 30 days of order date, you have the option to cancel your Order. Lenovo will not be liable to you or anyone else for any losses suffered or incurred due to delay in delivery. Any issues regarding delivery of Products should be referred to Lenovo directly on Return Policy All Sales are final. Exchanges are only accepted if the part is defective under the terms of your warranty. 7. Cancellation and Variation before Delivery Orders for Products that are listed as "Available" cannot be cancelled or amended after the Order is placed. We encourage you to review your Order carefully. For more information about this policy please call Lenovo Tech Support on Lenovo Errors If Lenovo makes an error by delivering the incorrect Product and/or quantity to you Lenovo will provide you with the correct Product and/or quantity and pick up the incorrect Product at no cost to you. Please contact Lenovo Tech Support on 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, Lenovo will provide you with a replacement Product at no cost to you. Please contact Lenovo Tech Support on Dead on Arrival (DoA) Policy If a Product shows symptoms of a hardware failure, preventing basic operability, within 14 days of delivery, that Product is considered DoA and Lenovo will replace the Product. Lenovo will arrange and pay for a courier to collect the original Product from you. For any DoA claim, you must contact Lenovo Tech Support within 14 days of delivery and need to provide the proof of purchase. Please contact Lenovo Tech Support on If Lenovo reasonably determines after inspecting the Product that you have misrepresented a returned Product s condition and that the Product was not DOA, 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. 11. Lenovo Warranties The Consumer Guarantees Act 1993 provides consumer guarantees which cannot be excluded, restricted or modified except to a limited extent. Lenovo's Terms and Conditions do not purport to exclude, restrict or

4 modify 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. For claims under the express warranty and those that cannot be excluded or restricted by consumer protection law, the liability of Lenovo for claims will be limited to: in the case of goods, repairing or replacing those goods; or paying the cost of having those goods repaired or replaced; and in the case of services, resupplying those or equivalent services; or paying the cost of having those services resupplied. 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. In accordance with the provisions of the Privacy Act 1993, all personal information Lenovo or its related companies may collect is collected so that Lenovo can provide you with benefits. Lenovo and our related companies will process, store and use information about your transaction and your contact information, including name, phone numbers, address, and addresses, to process and fulfil your transaction. Lenovo will not be able to perform our obligations under this Agreement 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 information and request correction of any errors in it pursuant to the Privacy Act 1993 by contacting Lenovo (Australia & New Zealand) Pty Limited ABN Address: Level 10, North Tower, 1-5 Railway Street, Chatswood, NSW, Telephone: may also contact you to notify you about any Product recall, safety issue or service actions. You consent to Lenovo

5 using this information for: (i) inquiring about your satisfaction with our Products or Services (by mail or phone and, if you "opt in", via commercial electronic messages (such as or text)); (ii) understanding consumer shopping habits to improve services and to market to consumers; (iii) contacting you in the future with special offers, discounts and information about products and services (by mail or phone and, if you "opt in", via commercial electronic messages (such as or text)) related or unrelated to your previous purchases, that may be of interest to you or your family; and (iv) contacting you for research (by mail or phone and, if you "opt in", via commercial electronic messages (such as or text)) related to your Products purchased from Lenovo and other marketing and promotional purposes. 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. Lenovo may appoint agents, and disclose personal information about you to them, for the purpose of providing services to you. These agents will also operate in accordance with these Terms and Conditions. All information gained will be securely stored by Lenovo or an entity authorised by Lenovo. You may access and request correction of your personal information held by Lenovo by contacting Lenovo on (choose option 2 at the prompt). 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. 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 Zealand and you submit to the New Zealand courts having jurisdiction to settle any dispute arising out of or in connection with these Terms and Conditions.

6 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 Auckland, New Zealand 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 ed to you after we have received your Order.

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