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Privacy Policy

NXP Limited ("NXP", "we", "us" or "our") is committed to protecting your Personal Information and ensuring compliance with New Zealand's Privacy Act. Our Privacy Policy applies to anyone who visits our website/s, buys and uses our products or services, or interacts with us.

1. Your Authorisation

1.1 Please read our Privacy Policy carefully. It contains important information about how we will collect, use, disclose, store and protect your Personal information. Your Personal Information will only be used for the purpose for which it was collected and in accordance with this Privacy Policy. We will not keep your Personal Information for longer than is required to fulfil the purpose for which it was collected.

1.2 You accept this Privacy Policy and authorise the collection, use, disclosure, storage and retention of your Personal Information by NXP as described in this Privacy Policy when you access, browse, view or use our website/s, or otherwise provide us with any of your Personal Information. If you no longer agree with our Privacy Policy or no longer wish for us to continue collecting your Personal Information, then you should immediately stop visiting our website, buying our products or services, or interacting with us. Please be aware that we may still need to continue using your information to carry out any remaining services or fulfil any remaining product orders to you, as required.

2. Who is Collecting Your Personal Information

NXP (company number 123410) is the New Zealand agency that will be collecting, using, disclosing, storing and processing your Personal Information. If you have any questions regarding our Privacy Policy or wish to access or amend the Personal Information that we hold, you can contact our Privacy Officer at any time at privacy@nxp.nz.

3. Personal Information We Collect

3.1 We may collect from you the following Personal Information:

  1. Name and contact details: Your name, email address, postal address, phone number and other similar contact information;
  2. Credentials: passwords, password hints, and similar security information used for authentication and account access, and any information necessary to fulfil our interactions with you;
  3. Payment and billing information: Information to process payments and the security information associated with your payments;
  4. Interactions: Information about your purchase and use of our products or services;
    1. Payment and account history: Information about the items you purchase and activities associated with your account;
    2. Browse history: Information about the webpages you visit;
    3. Device, connectivity, and configuration: Information about your device, your device configuration, and nearby networks;
    4. Error reports and performance: Information about the performance of the products and any problems you experience, including error reports;
    5. Troubleshooting and help: Information you provide when you contact NXP for help, and other details that help us provide support;
    6. Feedback and ratings: Information you provide to us and the content of messages you send to us, such as feedback, survey data, and product reviews you write; and
  5. Other information: Any information you choose to give us.

3.2 When you disclose your Personal Information to us it must be accurate, complete, up-to-date and not misleading. If you give us Personal Information about someone else, then you must be authorised to do so and you must tell that person about this Privacy Policy.

4. How We Collect Your Personal Information

4.1 We collect your Personal Information only when needed and for lawful purposes connected with the operation of our business. You authorise the collection of your Personal Information by us when you:

  1. buy and/or use our products or services;
  2. access, browse, view or use our website on your computer, mobile, tablet, or any other electronic device;
  3. communicate with us;
  4. enter into any of our offers, promotions or events; or
  5. otherwise provide us with any of your Personal Information.

4.2 We may collect Personal Information directly from you, however we may also obtain information from you indirectly and automatically by collecting information about your interactions, use, and experiences with our products and services. The Personal Information we collect depends on the context of your interactions with NXP and the choices you make, including your privacy settings and the products and services you use. When you use our website we may collect information that is sent to us by your computer, mobile device or other access device. We may also collect your Personal Information from publicly available sources or from third parties from time to time. Any information that we collect from a third party will only be for one or more of the purposes set out in this Privacy Policy.

5. How We Will Use and Disclose Your Personal Information

5.1 You authorise NXP to use and disclose your Personal Information for the following purposes:

  1. to provide you with our products and services, including to:
    1. communicate with you, such as sending you promotional emails about new services, special offers, promotions or information about our products and services (except if you have told us that you do not want to receive these emails from us);
    2. improve and develop our products and services;
    3. respond to your queries;
    4. verify your identity when you contact us;
    5. to bill you and to collect money that you owe us, including authorising and processing credit card transactions or undertaking credit checks (if necessary);
    6. develop new services, products, features and/or content,
  2. to run and maintain our website such as ensuring our website and network system are secure;
  3. for our internal record keeping purposes;
  4. to allow for the operation of NXP's business activities and functions;
  5. the sale of all or substantially all of NXP's business or assets;
  6. to comply with NXP's legal obligations; and
  7. for any other purposes you authorise.

5.2 If you would like to stop receiving electronic communications from us, please tell us when we collect your information or contact us at any time on privacy@nxp.nz. You may also use the ‘unsubscribe feature' included with emails. Please allow us enough time to process your request.

5.3 From time to time, NXP may disclose your Personal Information to third parties in both New Zealand and overseas, whom we engage to assist NXP in its business functions and activities. We may disclose your Personal Information to:

  1. our related companies in connection with the purposes set out in this policy, particularly where our related companies use shared services (e.g. IT support, marketing, finance etc.);
  2. our service providers that we have engaged to provide a service to us in relation to the website or any service that we have agreed to provide you;
  3. courts, tribunals, and regulatory authorities; and/or
  4. any other person or organisation that you have authorised us to disclose your information to.

5.4 We will require our third party service providers to comply with the terms of our Privacy Policy and to protect your Personal Information in a way that, overall, provides comparable safeguards to those required under New Zealand's Privacy Act.

5.5 In some cases, we may remove personal identifiers from your Personal Information and maintain it in an aggregate form. We may combine this information with other information that we hold to produce anonymous, aggregated statistical information, which is helpful to us in improving our products and services. Once your Personal Information is anonymised, it may no longer be capable of identifying or being re-linked to you.

6. Cookies

6.1 Our website uses cookies which help us to provide you with a better experience during your visit. Cookies are small text files placed on your computer, mobile, tablet, or any other electronic device to store data that can be recalled by a web server in the domain that placed the cookie. This data often consists of a string of numbers and letters that uniquely identifies your computer, but it can contain other information as well. Some cookies are placed by third parties acting on our behalf. We may use cookies and similar technologies to store and honour your preferences and settings, enable you to sign-in, provide interest-based advertising, analyse how our products perform, and fulfil other legitimate purposes described in clause 5.

6.2 NXP may use cookies and similar technologies for several purposes, including:

  1. to help us understand your preferences based on previous or current site activity, which enables us to tailor our product and service offerings to you;
  2. to help us compile aggregate data about site traffic and site interaction so that we can offer you a better user experience;
  3. to authenticate you when you use our services;
  4. to process information that helps us secure our services, as well as detect fraud.

6.3 To enable some of the features and functionality of our website, products and services, you may need to permit NXP to place cookies on your device. If you choose not to, then those features and functionality will not be available to you. You can remove or block cookies by using the settings in your browser but it may affect your ability to use our website.

7. Third Party Links

Occasionally, at our discretion, we may include or offer third party products or services on our website, or through our products or services. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our systems and welcome any feedback about these third-party sites.

8. How NXP Stores and Protects Your Personal Information

NXP will ensure that your Personal Information is protected, by such security safeguards as are reasonable in the circumstances to take, against unauthorised access, use, modification, disclosure, and loss. NXP will take reasonable steps to ensure that our third parties whom we disclose or transfer your Personal Information to also take reasonable steps to protect your Personal Information in accordance with this Privacy Policy and the Privacy Act. We do not make any warranties in relation to the security of any information you disclose or transmit to us and we are not responsible for the theft, destruction, or inadvertent disclosure of your Personal Information where our security measures have been breached.

9. Request Access to Your Personal Information

You have the right to request access to Personal Information that NXP holds about you. If NXP does not give you access to the Personal Information that you have requested, then NXP will let you know the reasons why. If you are not happy with the reasons provided, then you have the right to complain to the New Zealand Privacy Commissioner: www.privacy.org.nz/your-rights/how-to-complain/.

10. Request Correction of Your Personal Information

You have the right to request correction of the Personal Information that NXP holds about you. NXP will correct your Personal Information if it is necessary to ensure that it is accurate, up to date, complete and not misleading. If NXP decides that it is unnecessary to correct your Personal Information, NXP will let you know the legal reasons for its decision. If you are not happy with those reasons, then you have the right to complain to the New Zealand Privacy Commissioner: www.privacy.org.nz/your-rights/how-to-complain/.

11. Privacy Complaints

If you think that your privacy rights have been breached, you can make a written complaint to NXP's Privacy Officer by email to privacy@nxp.nz, or otherwise contact the NZ Privacy Commissioner at www.privacy.org.nz/your-rights/making-a-complaint/complaint-form/.

12. Privacy Policy Changes

We may from time to time change our Privacy Policy. These changes may reflect, among other things, changes in applicable laws or regulations, changes to our data collection practices, and/or changes to our business, products or services. We will post any updated policies on our website. The updated Privacy Policy will take effect 14 days after the date it is posted. If you continue to use our products or services, or continue to visit our website or interact with us after the updated Privacy Policy comes into effect, then you consent to the updated Privacy Policy. We encourage you to review our Privacy Policy periodically for any changes. If you don't agree with the changes, then you should not give your consent and cease using our products and services or not visit our website.

13. Residents Outside of New Zealand

Our website can be accessed by people all over the world, in different countries with different laws. Other jurisdictions have different laws regarding the storage and use of Personal Information. By visiting our website and providing us with your Personal Information, you acknowledge and agree that this information may be processed for the purposes set out in this Privacy Policy and otherwise in accordance with New Zealand law.

14. Definitions

"Content" means all content delivered via the website, products and services including all text, software, hardware, scripts, graphics, photos, sounds, music, videos, audio-visual works or combinations of works, live streaming, interactive features and other materials;

"including" means "including without limitation";

"Personal Information" means any information that can be used to directly or indirectly to identify an individual, and includes sensitive information, and references to"your Personal Information" also includes any Personal Information that you provide to NXP about someone else;

"Privacy Act" means the Privacy Act 1993 and the Privacy Act 2020 and any amending or substituting legislation;

"Purposes" means the purposes for which your Personal Information is used and disclosed as specified in this Privacy Policy.

NXP Limited Returns and Exchanges Policy

Please read these terms and conditions carefully. By using the NXP website, and/or placing an order with NXP, you indicate your acceptance of this returns policy and any future amendments in accordance with clause 7.

Please note, due to global disruptions in supply chains and high demand of pandemic related items, we will not accept returns for cleaning, hygiene products and personal protective equipment (including hand sanitisers, masks, coveralls, antibacterial wipes, tissues) until further notice.

1. Policy Application

1.1 This policy applies to all customer orders for the supply of Products by NXP Limited (“NXP”).

2. Consumer Guarantees

2.1 Our Products come with guarantees that cannot be excluded under New Zealand Consumer Law. If the Product you have bought is faulty, we will provide a remedy as required by law. These statutory or consumer guarantees have no set time limit and you may be entitled to a remedy after the expiry of any applicable manufacturer’s warranty period.

2.2 If Products are damaged, defective, missing or substantially different from any sample provided or from the item represented on our website, or the Products do not arrive within a reasonable period of the estimated delivery time (not due to your errors or omissions), please contact us at to determine the next steps.

2.3 Any Products returned to us must be in their original, unused condition, along with the original packaging and contents. You will be responsible for the cost of returning any Products to us.

2.4 Any claims by you for damaged, defective, missing or different delivery must be made within 48 hours of delivery quoting the delivery docket or order form, together with photographic evidence.

2.5 If we are satisfied that the Products are damaged, defective, missing or substantially different from our website or the Products did not arrive within a reasonable period of the estimated delivery time, we may:

  1. provide a refund of the price paid by you for the Products (which will exclude all shipping and delivery costs); or
  2. exchange the Products.

3. Change of mind returns

3.1 The Customer may return goods to NXP for change of mind and obtain a credit subject to the following:

  1. Food and beverage products, computer hardware, special order furniture, first aid, and other specially purchased products or products specifically tailored for the Customer’s requirements may not be returned for change of mind;
  2. office supplies, software or furniture may only be returned for change of mind within 30 days of delivery;
  3. technology, business machines, and print and promotional materials may only be returned for change ofmind within 14 days of delivery;
  4. a return authorisation must be obtained from NXP in writing and in advance of goods being returned;
  5. Products must be in their original packaging, unopened, of a make and model current available for purchase from NXP, and otherwise as new and in a saleable condition; and
  6. risk in the goods remains with the Customer until received by NXP.
  7. Any goods custom made or ordered specifically for the customer may not be returned.
  8. Please note that for change of mind returns a restocking or return fee may be charged by NXP.

4. Repairs

4.1 Where NXP accepts for repair or on behalf of a repairer goods capable of storing user-generated data, the customer acknowledges that the repair of that product may result in the loss of customer data. Customers are advised to keep a hard copy of any important data and remove all sensitive information prior to submitting goods for repair.

4.2 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.

5. Limitation of Liability

5.1 Subject to clause 5.4, NXP will not accept a returned Product where in its reasonable opinion the Product is not faulty, the customer has caused the Product to become unacceptable or failed to take steps to prevent the Product from becoming unacceptable, or where the Product has been damaged by abnormal use or use not in accordance with manufacturer’s instructions. NXP reserves the right to recover its reasonable costs in relation to Products returned in these circumstances.

5.2 Except as otherwise provided in these terms, to the extent permitted by law, NXP shall not be liable for any claim, loss or damage of any kind whatsoever arising from the supply of Products by us to you including collateral, consequential, indirect, incidental or exemplary damages, or any lost profits, loss of data or loss of use, related to the Products whether suffered or incurred by you or another person or entity and whether in contract or tort or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Goods provided by us to you.

5.3 To the extent that our liability is not otherwise limited or excluded, and to the fullest extent permitted by law, our aggregate liability to you whether in tort, contract or otherwise for any loss damage or injury in relation to the Products is limited to the price paid by you.

5.4 Nothing in these terms will restrict, negate, modify or limit any of your rights under Consumer Law where the Products acquired are of a kind ordinarily acquired for personal, domestic or household use or consumption and you are not acquiring the Products for the purpose of a business or in trade.

6. Exclusions

6.1 Subject to clause 5.4, but otherwise despite anything else contained in these terms:

  1. the Products will be subject to any exclusions or limitations on liability set out in the manufacturers specifications or instructions;
  2. NXP excludes all warranties, descriptions, representations or conditions in relation to the Products implied by law, trade, custom or otherwise;
  3. where Products are advertised with reference to photograph(s), we will endeavour to deliver the corresponding Products, however we do not warrant that the Products delivered to you will be identical to those displayed in the photograph(s); and
  4. while every effort will be made to ensure that all Products shown on our website are in stock we offer no guarantee of availability.

7. Variations

7.1 No alteration or variation of these terms and conditions will be binding on NXP unless authorised by us in writing. To the extent permitted by law, NXP may change these terms and conditions at any time by notice in writing to you via post or email or by publishing the new and amended terms and conditions on our website. Any of these notices shall be deemed to be notice to the Customer. Notice shall be deemed to have been received by the Customer on the second Business Day after the day on which notice is posted to the last known address of the Customer, or posted to the website or via email. The Customer is bound by any such amendment unless the Customer notifies NXP otherwise within five business days of receipt of the notice as set out above. Placement of an order after the notice will be deemed to be acceptance of the new or amended terms and conditions.

8. Conflicts

8.1 These terms and conditions, and NXP’s general terms and conditions, will apply to the exclusion of all other terms and conditions contained in the Customer’s order. Additional terms and conditions also apply when an order is placed via nxp.nz and can be found at https://www.nxp.nz/page/conditions-of-use#terms-and-conditions-of-sale

9. Definitions

In this Returns Policy, unless the context requires otherwise:

Consumer Law means The Fair Trading Act 1986, The Consumer Guarantees Act 1986, and any replacement or similar legislation or regulation for the protection of consumers in New Zealand.

Customer and you and your refers to you, our customer and any person acting on behalf of and with the authority of the customer, and, in the case of joint customers, includes each of you jointly and severally.

Products means all goods and services supplied by NXP.

NXP and we, us, and our refers to NXP Limited, and each of its Related Companies (as defined in the Companies Act 1993) including New Zealand Office Supplies Limited, and each of their respective agents, successors or assigns.

NXP Limited Terms and Conditions of Sale

Please read these terms and conditions of carefully. By using the NXP website, and/or placing an order with NXP, you indicate your acceptance of these terms and conditions and any future amendments in accordance with clause 15.1.

1. Scope

1.1 These terms and conditions apply to every supply of Products by NXP and will prevail over any terms submitted by the Customer with an order or otherwise, unless agreed in writing by NXP.

2. Order Acceptance

2.1 By placing an order you offer to purchase Products on these terms and conditions. No order shall be binding on NXP until we notify you that your order has been accepted. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by NXP of an order. 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 by the Customer after acceptance unless agreed in writing by NXP.

3. Prices

3.1 The price payable for the Products shall be the current price at the time the order is placed and any other charges payable in accordance with these terms and conditions.

3.2 All prices are in New Zealand dollars and exclusive of GST unless otherwise stated. NXP reserves the right to recover from the Customer all GST payable in respect of the supply of Products to the Customer.

3.3 Separate delivery fees may apply in accordance with clause 6 or as specified in any order documentation, quote or invoice. NXP reserves the right to amend its prices at any time without notice in any of the following circumstances:

  1. delays in delivery or installation of the Products as a result of incorrect information, other act or omission of the Customer, or event beyond the reasonable control of NXP;
  2. variation in the cost of supply of NXP including without limitation changes in transportation costs or freight charges, insurance, customs duties, taxes, existing tariff classifications or any variation in currency exchange rates;
  3. increases in the cost of compliance with applicable statutory requirements; or
  4. any correction of errors or omissions on the part of NXP or any of its employees or agents.

4. Payment Terms

4.1 All credit orders are accepted by NXP subject to satisfactory credit approval of the Customer, and are governed, in addition to these terms and conditions, by NXP’s 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.

4.2 Where credit approval has not been granted, or is withdrawn, payment for all Products supplied is required on or before delivery.

4.3 Except as otherwise agreed in writing between the parties, where credit has been granted, payment for the Products 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.

4.4 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.

4.5 NXP reserves the right to charge a surcharge in the event payments are made using a credit, debit or charge card including Visa, MasterCard, American Express or Diners Club.

5. Risk and Title to Products

5.1 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, or, on the arranged delivery date where delivery has been unsuccessful through no fault of NXP. Until property in the Products passes to the Customer, the Customer holds the Products as bailee for NXP and shall store the goods separately from other similar Products of the Customer or any other person in such a way as they remain separately identifiable as the property of NXP.

6. Delivery

6.1 NXP reserves the right to charge for delivery of the Products and/or impose a minimum order for deliveries 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. Further charges may apply if an alternative delivery point or redelivery is required other than due to a breach of these terms by NXP.

6.2 Any time and/or date provided by NXP for delivery is an estimated delivery date only and subject to change. NXP will use reasonable endeavours to arrange delivery of Products in accordance with estimated delivery dates but shall not be liable for any failure to deliver at such date or time.

6.3 NXP may in its sole discretion deliver an order for Products together or as separate deliveries of parts of the order which shall be treated as a separate contract per clause 2.1.

6.4 Delivery times for furniture may vary and are subject to product availability from the supplier and the location of the supplier. Refer to clause 21 for further details on furniture delivery.

6.5 Delivered Products shall be deemed to have been accepted by the Customer unless NXP has received notification otherwise within two Business Days of delivery.

7. Authority to Leave

7.1 This clause 7 applies when you have provided your authority, either online or in other communications with us, to leave Products at the address provided for delivery.

7.2 NXP couriers may leave your parcel at your unattended premises in accordance with your instructions and you agree that the parcel is deemed received when left at your premises.

7.3 NXP, and it’s 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.

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

8. Returns

8.1 NXP will accept returns in accordance with the terms and conditions of its then current returns policy available here https://www.nxp.nz/page/conditions-of-use#returns-policy

9. Privacy

9.1 The Customer agrees that NXP may collect its personal information (as defined in the Privacy Act 1993) during the credit and/or account application process and in the course of subsequent business dealings. NXP will use, disclose, store and process personal information in accordance with the Privacy Policy posted on NXP’s website (and as amended from time to time). The Privacy Policy is part of and incorporated into these terms and conditions. The Customer’s use of the website and/or placement of an order is deemed acceptance of the Privacy Policy and will procure that its employees and agents also agree to the policy.

10. Intellectual Property

10.1 Where the Customer has provided NXP with any instructions, design, plan, images, photographs, artwork, text, font or other material of that nature (Material) the Customer warrants that it has the right to provide such Material to NXP and shall indemnify NXP against all damages, penalties, costs and expenses incurred by NXP in connection with the use by NXP of such Material including as a result of any alleged infringement of Intellectual Property Rights of a third party.

10.2 The Customer grants NXP a non-exclusive, non-transferable licence to use the Material solely for the purpose of and to the extent necessary for the provision of Products to the Customer in accordance with any Customer order and/or with these terms and conditions.

10.3 All new Intellectual Property Rights arising in connection with these terms and conditions and/or in providing Products to the Customer, including information, reports, proposals and designs prepared by NXP vests in NXP and cannot be copied, altered or distributed without NXP’s prior written consent. .

11. Customer Specific Stock

11.1 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.

12. Liability

12.1 Except for those required or implied by legislation or expressly stated in this Agreement, 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.

12.2 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:

  1. If the breach or liability relates to goods:
    1. the replacement of the goods or the supply of equivalent goods;
    2. the repair of the goods;
    3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    4. the payment of the cost of having the goods repaired.
  2. If the breach or liability relates to services:
    1. the supplying of the services again; or
    2. the payment of the cost of having the services supplied again

12.3 To the fullest extent permitted by law, in no event will NXP’s total liability to the Customer in connection with these terms and conditions for any claim relating to Products exceed, in aggregate, the amount paid for the relevant Products by the Customer to NXP.

12.4 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.

13. Consumer Guarantees Act and Fair Trading Act

13.1 Nothing in these terms and conditions will restrict, negate, modify or limit any of your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 where you are not acquiring the Goods and Services for the purpose of a business or in trade.

13.2 Despite anything else contained in these Terms and to the maximum extent permitted by law:

  1. to the extent that you have approved any Products prior to delivery, then you will be deemed to have accepted such Products if delivered to a corresponding quality;
  2. the parties agree and acknowledge that if the Products supplied by us and acquired by you are supplied or acquired in trade within the meaning of the Fair Trading Act 1986, that sections 9, 12A, and 13 of the Fair Trading Act 1986 will not apply to the agreement between us, and that it is fair and reasonable to exclude their application;
  3. the parties agree and acknowledge that if they are both in trade, and that the Products supplied by us and acquired by you are supplied or acquired in trade, that the provisions of the Consumer Guarantees Act 1993 will not apply to the agreement between us, and that it is fair and reasonable to exclude their application;
  4. the parties agree and acknowledge that the provisions of Part 3 of the Contract and Commercial Law Act 2017 will not apply;
  5. unless these terms and conditions expressly provide or the parties agree otherwise in writing (for example, pursuant to a specific warranty in relation to the Products), to the fullest extent permissible by law all warranties, conditions or other terms implied by law are excluded; and
  6. for the purposes of this clause you acknowledge that you had a reasonable opportunity to review these terms and conditions, discuss them with us, and receive advice from your legal advisor, if you wished to do so.

14. Conflicts

14.1 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, to have made an offer to the Customer to sell the Products pursuant to these terms and conditions which offer will be deemed to have been accepted by the Customer receiving the Products. Additional terms and conditions also apply when an order is placed via nxp.nz .

15. Variations

15.1 No alteration or variation of these terms and conditions will be binding on NXP unless authorised by us in writing. To the extent permitted by law, NXP may change these terms and conditions at any time by notice in writing to you via post or email or by publishing the new and amended terms and conditions on our website at https://www.nxp.nz/page/conditions-of-use#terms-and-conditions-of-saleAny of these notices shall be deemed to be notice to the Customer. Notice shall be deemed to have been received by the Customer on the second Business Day after the day on which notice is posted to the last known address of the Customer, or posted to the website or via email. The Customer is bound by any such amendment unless the Customer notifies NXP otherwise within 5 Business Days of receipt of the notice as set out above. Placement of an order after the notice will be deemed to be acceptance of the new or amended terms and conditions.

16. Force Majeure

16.1 We will not be liable for any delay or failure in the performance of any of the obligations imposed by these Terms, including (without limitation) any delay in the delivery of Products, if that failure is due to a Force Majeure Event.

17. Assignment

17.1 These terms and conditions are binding on and enure for the benefit of the parties and their respective successors and permitted assignees, novates and transferees. The Customer may not assign (including by deemed assignment in the case of a change in control), novate or transfer any of its rights or obligations under these terms and conditions without the consent of NXP. NXP may assign, novate or transfer any of its rights or obligations under these terms and conditions and the Customer consents to such assignment, novation or transfer.

18. Contracts Privity

18.1 Each Related Company (as defined in the Companies Act 1993) of NXP is entitled to the benefit of these terms in accordance with Part 2 of the Contracts and Commercial Law Act 2017 and, in addition, NXP is entitled to enforce these terms for the benefit of any Related Company.

19. Jurisdiction

19.1 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.

20. No Waiver

20.1 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, preclude any other or further exercise or the exercise of any other right or power, or limit NXP’s right to subsequently require strict compliance with these terms and conditions.

21. Furniture Terms

21.1 The following terms and conditions in this clause 21 apply when the Customer is acquiring Products from NXP’s furniture range.

  1. Free delivery is available on all orders of furniture to metropolitan areas in Auckland, Wellington and Christchurch. For deliveries outside these areas (including to rural addresses, and Waiheke Island) charges may apply.
  2. 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.
  3. The intention is to arrange delivery to customers within 5 Business Days of order completion. Delivery outside the free delivery area may still be within 5 Business Days although it cannot be guaranteed and while every effort is made, delivery times may be affected by external factors outside of the control of NXP.
  4. Furniture assembly is available on selected products, within the delivery area. Please contact your NXP Account Manager for further details.
  5. Where NXP’s furniture supplier or carrier initiates additional delivery charges eg a home delivery surcharge, NXP reserves the right to pass the charges on to the Customer.

22. Terms and Conditions of Credit

22.1 The following terms and conditions in this clause 22 apply when the Customer has completed a Customer Credit Account Application Form for the purchase of Products on credit from NXP.

22.2 These Terms and Conditions of Credit (Terms) apply to the establishment, operation and use of the Applicant’s credit account with NXP, acceptance of which is evidenced by the Applicant’s execution of the 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 they are 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.
  4. The parties agree that, if prior to formally approving credit, NXP grants to the Applicant time to pay for any Products supplied, it does so on these Terms.
  5. In the event of NXP granting credit facilities to the Applicant then:
    1. 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.
    2. 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 percent per calendar month on all overdue amounts from the date due for payment until the date of actual payment.
    3. Any reasonable expenses 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.
    4. 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.
    5. NXP may at any stage 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 orfurther credit until such security or additional security is obtained.

22.3 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.

22.4 The Applicant:

  1. authorises NXP to gather information, it reasonably regards as necessary for credit enquiry purposes, from any appropriate person or company;
  2. authorises any person, or company, to provide NXP with any reasonable information which is necessary for credit enquiry purposes;
  3. acknowledges that they do not have to provide NXP with any information, but if they do not, it may affect a decision to provide credit;
  4. understands that they have certain rights under the Privacy Act 1993 to access and correct any information held about them;
  5. 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.

23. Definitions

Business Day means a day that is not a Saturday or Sunday or a public holiday in Auckland, New Zealand.

Consumer Law means The Fair Trading Act 1986, The Consumer Guarantees Act 1986, and any replacement or similar legislation or regulation for the protection of consumers in New Zealand.

Customer and you and your refers to you, our customer and any person acting on behalf of and with the authority of the customer, and, in the case of joint customers, includes each of you jointly and severally.

Force Majeure Event means any event or circumstance:

  1. beyond our reasonable control; and
  2. that results in or causes our failure to comply with or observe any provision of these Terms, and includes, but is not limited to:
  3. any event or circumstance occasioned by, or in consequence of, any act of God being an event or circumstance due to natural causes, directly or indirectly and exclusively without human intervention;
  4. strikes, lockouts, other industrial disturbances, acts of public enemy, wars, terrorism, blockades, insurrections, riots, epidemics, pandemics or other infectious diseases, aircraft, shortage of labour or civil disturbances;
  5. the binding order or requirement of any court, any government, or any local authority;

GST means Goods and Services Tax payable under the Goods and Services Tax Act 1985 at the rate prevailing from time to time, including any tax levied in substitution for that tax.

Intellectual Property Rights means all intellectual, proprietary and industrial rights and interests (including rights protectable in statute, at common law or in equity), including current and future registered and unregistered rights, in respect of copyright, designs, circuit layouts, trademarks, trade, business , company or domain names, trade secrets, software applications, websites, patents, inventions, discoveries, know-how, confidential information and all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world;

NXP and we, us, and our refers to NXP Limited, and each of its Related Companies (as defined in the Companies Act 1993), and each of their respective agents, successors or assigns.

GST means Goods and Services Tax payable under the Goods and Services Tax Act 1985 at the rate prevailing from time to time, including any tax levied in substitution for that tax.