Terms & Conditions of Service
Quality Care Products Ltd
Company No.: 3135226, Registered Office: 23 St Catherine Crescent, West Harbour, Waitakere, 0618 , New Zealand, Services Office: 42A Strid Road, Te Atatu South, Auckland, New Zealand, Email: info@qualitycare.co.nz
Effective date: 01-01-2000
1. Definitions
1.1 QCP, we, us, our means Quality Care Products Ltd and its employees, contractors, and agents.
1.2 Customer, you, your means the person or entity requesting Services.
1.3 Device means any computer, laptop, tablet, phone, storage media, accessory, or component supplied by the Customer for Services.
1.4 Services means any inspection, diagnosis, repair, upgrade, installation, data services, courier handling, or related services performed by QCP.
1.5 Parts means any components, consumables, or accessories supplied or installed by QCP.
2. Acceptance & Scope
2.1 These Terms govern all Services. By booking an appointment, delivering a Device, approving an estimate, or clicking “I agree” online, you accept these Terms.
2.2 If a separate signed service agreement exists, that agreement prevails to the extent of any inconsistency.
3. Consumer Law & Priority of Non‑Excludable Rights
3.1 Nothing in these Terms limits any rights you may have that cannot lawfully be excluded under applicable law (including, where applicable, the New Zealand Consumer Guarantees Act 1993 and Fair Trading Act 1986).
3.2 If you acquire Services in trade and both parties are in trade, you agree the CGA does not apply (to the maximum extent permitted by law). QCP relies on this clause.
4. Customer Warranties & Authorisations
4.1 You warrant you are the owner of the Device or have full authority to authorise the Services.
4.2 You authorise QCP to: (a) inspect, power, open and handle the Device; (b) run diagnostics, apply firmware, and use specialist tools; (c) replace Parts as approved; and (d) engage subcontractors.
5. Estimates, Fees & Payment
5.1 Quotes are estimates only unless expressly stated as fixed. Diagnostic fees, minimum workshop fees, courier charges, and disbursements may apply.
5.2 QCP may request a deposit. All amounts are due on collection or prior to return shipment, unless otherwise agreed.
5.3 Prices are [incl./excl.] GST as stated. Late balances may incur interest at [2% per month], plus reasonable collection costs.
5.4 QCP may exercise a possessory lien over the Device until all sums are paid in full.
6. Parts & Third‑Party Components
6.1 Parts may be new, refurbished, OEM, or third‑party equivalents as approved by you (expressly or through acceptance of an estimate specifying the Part type).
6.2 Manufacturer warranties on Parts (if any) are passed through to you and subject to their terms. QCP is not responsible for manufacturer warranty decisions.
7. Data, Passwords & Security
7.1 Back‑ups are your responsibility. You must back up all data before providing the Device.
7.2 You authorise QCP to access and use credentials you supply solely for the purpose of the Services.
7.3 QCP will use reasonable technical and organisational measures to safeguard information in its control; however, QCP does not guarantee data integrity or recovery.
8. Risk, Transit & Collection/Delivery
8.1 Transit Disclaimer. To the maximum extent permitted by law, QCP is not responsible or liable for any loss, damage, or destruction of Devices occurring during transit to or from the Customer site or our workshop, whether the carrier is the Customer, a third‑party courier, or QCP itself. Risk in the Device during any transit remains with the Customer.
8.2 You are responsible for adequate packaging and insurance for transit. If QCP arranges a courier, we do so as your agent and at your risk; courier terms apply.
9. Workshop Custody & Bailment
9.1 Workshop Disclaimer. To the maximum extent permitted by law, QCP will not be liable for any loss, damage, malfunction, or failure of a Device while in our possession, custody, or control, from any cause whatsoever, including (without limitation) electrical faults, component failure, accidental damage, theft, fire, water, environmental events, incompatibilities, or failures occurring during testing, diagnosis, repair, installation, or burn‑in.
9.2 You acknowledge complex Devices can fail without warning and that pre‑existing or latent defects may be revealed or exacerbated during standard procedures.
9.3 QCP will exercise due care consistent with a professional workshop environment, but custody is at the Customer’s risk, and you must insure your Device.
10. No Guarantee of Outcome; Diagnostics
10.1 We do not warrant or represent that any Service will restore a Device to working order or that it will remain operational thereafter.
10.2 Diagnostic results are indicative and based on symptoms presented; multiple faults may exist. Authorised work may not resolve all issues.
11. Warranties for Services (Service Warranty)
11.1 QCP warrants that Services, as performed, will be carried out with reasonable care and skill.
11.2 Exclusive Remedy. If Services are shown (within 90 days) to be non‑conforming to clause 11.1, QCP will, at its option, re‑perform the Services or refund the Service fee for the affected portion.
11.3 This warranty does not cover: (a) damage or faults arising after delivery/collection; (b) misuse, liquid ingress, physical impact, environmental conditions, power events; (c) software/OS conflicts; (d) third‑party alterations; or (e) Parts covered only by their manufacturer warranties.
12. Limitation of Liability
12.1 Maximum Extent Permitted by Law. Except for non‑excludable liabilities under applicable law:
(a) All implied warranties and conditions are excluded; and
(b) QCP excludes all liability for any loss, damage, cost, or expense, whether direct, indirect, special, incidental, or consequential (including loss of data, revenue, profit, or business), arising out of or in connection with the Services, Devices, or these Terms.
12.2 If liability cannot be fully excluded, QCP’s aggregate liability is limited to the lesser of (i) the price paid for the relevant Services, or (ii) NZD [amount].
12.3 No Liability for Transit or Workshop Events. Without limiting clauses 8 and 9, QCP will not be liable for any transit‑related or workshop‑custody loss or damage from any cause, to the maximum extent permitted by law.
12.4 You acknowledge these allocations of risk are reasonable and form part of the pricing of the Services.
13. Indemnity
13.1 You indemnify QCP against all claims, losses, liabilities, damages, costs, and expenses (including legal costs on a solicitor‑client basis) arising from: (a) your breach of these Terms; (b) your misuse of the Services; (c) infringement claims relating to data, software, or materials you supply; or (d) any courier claim brought against QCP in relation to your Device.
14. Abandoned Devices; Storage; Disposal
14.1 Devices not collected within [30] days of notification that the Device is ready for collection (or a request for payment, information, or approval) will incur storage fees of NZD $1 per day.
14.2 After 90 days of non‑collection, QCP may, after giving reasonable written notice to your last known email/address, sell, recycle, or dispose of the Device and apply proceeds (if any) to outstanding amounts (you remain liable for any shortfall).
14.3 Data will be securely wiped or destroyed during disposal; QCP is not responsible for any residual data.
15. Privacy & Confidentiality (Website Version)
15.1 Privacy. We collect and process personal information to provide and administer the Services, process payments, arrange couriers, and communicate with you. We keep records of diagnostics, serial numbers, and work performed.
15.2 Disclosures. We may share information with payment processors, couriers, suppliers, insurers, and professional advisers, and as required by law.
15.3 Data Location & Security. Records may be stored in New Zealand or overseas with reputable providers subject to reasonable safeguards.
15.4 Retention. We retain records for as long as needed for legal, tax, and operational purposes, then securely delete or anonymise.
15.5 Your Rights. You may request access to and correction of your personal information by contacting info@qualitycare.co.nz.
16. Force Majeure
16.1 QCP is not liable for delay or failure to perform due to events beyond its reasonable control, including but not limited to supply chain failures, labour issues, epidemics, natural disasters, or utility outages.
17. Title & Risk in Parts
17.1 Title to Parts remains with QCP until paid in full. Risk passes to you upon installation or delivery, whichever occurs first.
18. Returns; Change of Mind
18.1 Change‑of‑mind returns are at QCP’s discretion. Installed electronic Parts are generally not returnable unless faulty under applicable law or manufacturer warranty.
19. Notices
19.1 QCP may give notices by email, SMS, phone, post, or in‑portal messages to the contact details you provide. Notices are deemed received when sent (electronic) or 3 business days after posting.
20. Dispute Resolution
20.1 The parties will first attempt to resolve disputes in good faith within 10 business days. If unresolved, either party may pursue available legal remedies.
21. General
21.1 Severability. If any provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder will continue in effect.
21.2 No Waiver. A failure to exercise a right is not a waiver of that right.
21.3 Assignment. You may not assign these Terms without QCP’s written consent; QCP may assign to an affiliate or acquirer.
21.4 Variation. QCP may amend these Terms by posting an updated version on its website. The updated Terms apply to Services requested after the effective date.
21.5 Entire Agreement. These Terms constitute the entire agreement regarding the Services and supersede all prior discussions.
21.6 Governing Law. These Terms are governed by the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the New Zealand courts.