1. Application of Terms

1.1

These Hardware Supply Terms are a legal agreement between you and us. Any other products or services we supply to you have their own terms and conditions.

1.2

To the extent of any conflict between these Hardware Supply Terms and;

1. the Broadband Terms; or
2. any other terms and conditions in place between you and us,

these Hardware Supply Terms will take precedence.

2. Broadband Modems

2.1

If you became a Broadband Customer prior to 24/11/23 and you use a modem we have provided, we will not charge you any fees for the modem while you are a Broadband Customer. If you cease being a Broadband Customer within two years of signing up with us, you can keep the modem for a one off fee of $100 or we can provide you a courier bag to return the modem at no charge. You will have 30 days to return the modem once we have provided you the courier bag before the $100 fee will apply. After being a Broadband Customer for two years the modem is yours to keep at no further cost.

2.2

Further to clause 2.1, title in the modem remains with us at all times until either:

1. You have been a Broadband Customer for two years; or
2. You have paid us a one off fee of $100 to purchase the modem from us.

2.3

If you became a Broadband Customer on or after 24/11/23 you can purchase a modem from us for a one off fee of $150 which we will charge on your first bill. Alternatively, you can ‘rent to own’ a modem from us for $0.20 per day, in which case after just over two years (750 days) the modem is yours to keep at no further cost. If you cease being a Broadband Customer before your rental payments have paid for the $150 cost of your modem, you can choose to keep your modem and pay out the difference between the $150 cost and what you have already paid via the ‘rent to own’ arrangement, or we can provide you a courier bag to return the modem to us at no charge. If you choose to return the modem you will have 30 days to do so once we have provided you the courier bag before the applicable charge for your modem will apply. If you cease being a Broadband Customer before your rental payments have paid for your modem and choose to return the modem to us, you will not be entitled to any credit or payment for any amounts you have already paid via the ‘rent to own’ arrangement.

2.4

Orbi Mesh Satellite

If you purchase an Orbi mesh satellite (or any similar broadband wi-fi network extender) from us, we will charge you a one off fee of $150 which we will charge on your next bill.

3. Legal Title

3.1

Unless provided for otherwise in these Hardware Supply Terms, full legal title in any Hardware we provide to you remains with us until you have made payment in full to us for such Hardware.

4. Liability and Indemnity

Our liability to you

4.1

The Consumer Guarantees Act 2020 and the Fair-Trading Act 1986 apply alongside these Hardware Supply Terms. You can visit www.consumeraffairs.govt.nz to find out more about your rights under this legislation. Nothing in these Hardware Supply Terms (including this clause 4) limits any rights you may have under the Consumer Guarantees Act 2020 and/or the Fair-Trading Act 1986.

4.2

If we or any of our officers, employees, contractors or agents are ever liable to you for losses arising in any way in relation to any Hardware including without limitation from a breach of these Hardware Supply Terms or for our negligence, our maximum combined obligation to pay damages or losses is limited to $5,000 for any single event or series of closely related events and a total of $10,000 in respect of all events in any 12 month period.

4.3

To the maximum extent permitted by law and subject to any rights you may have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986, we will not be liable to you for any indirect or consequential loss, or loss of profits or business or any similar claims. We are not liable for loss to the extent that it is caused or contributed to by you.

Your liability to us

4.4

You accept your liability to us for your breach of these Hardware Supply Terms or your negligence. However, you are not liable for loss to the extent that it is caused or contributed to by us.

4.5

Your liability to us under clause 4.4 is limited to $5,000 for any single event or series of closely related events and a total of $10,000 in respect of all events in any 12-month period. This limitation does not apply to your obligation to pay any outstanding charges or for any loss or damage caused by fraud, wilful breach, or wilful damage.

Minimise your loss

4.6

If you suffer any loss pursuant to these Hardware Supply Terms, you must take reasonable steps to avoid or minimise your loss. We are not liable for any loss that results from your failure to take those reasonable steps. Also, we will never be liable to you for any indirect or consequential loss, or for any loss of profits, revenue, goodwill, or business.

5. Changes to our agreement

5.1

We may change these Hardware Supply Terms at any time. We will notify you of these upcoming changes on your next invoice or by email (including a link to the updated version of these Hardware Supply Terms). We will only notify you of any change to any special terms that will continue to apply to you.

5.2

Any changes to these Hardware Supply Terms will take effect from the first day of the month following the date of the invoice or email notifying you of the changes. From that date the updated Hardware Supply Terms will be made publicly available on our website at www.electrickiwi.co.nz/legal/hardware-supply-terms.

Beneficial/neutral changes

5.3

We can make changes to these Hardware Supply Terms if those changes will benefit you, or will not be detrimental to you, at any time without giving you notice.

Detrimental changes

5.4

If we make any change that negatively affects your rights under these Hardware Supply Terms, then you will be given the chance to terminate your agreement with us before any such changes take effect.

6. General

6.1

These Hardware Supply Terms constitute the entire agreement and understanding of you and us relating to the matters dealt with in these Hardware Supply Terms and supersedes and extinguishes any previous agreement, discussions, negotiations, promise, assurance, warranty and representation (whether oral or written) between you and us in relation to such matters.

6.2

Headings are for reference only and do not affect the interpretation of these Hardware Supply Terms. If any clause of these Hardware Supply Terms is ruled invalid in court, it will not affect the rest of our agreement with you, and all other terms and conditions will remain in full force and effect.

6.3

The terms of clauses 3.9-3.36, 8,11,12,13,14 and 16 of the Broadband Terms are deemed to form part of this Hardware Supply Agreement as if reproduced here in full.

7. Defined terms

Definition

7.1

What some of the words used in this document mean:

• ‘Broadband Terms’ means the ‘Electric Kiwi - Terms and Conditions for Residential Internet’ (https://www.electrickiwi.co.nz//legal/broadband-terms-and-conditions/).


• ‘Broadband Customer’ means someone who has a current agreement for internet services with us.


• 'business day' means any day not including a Saturday or Sunday or any public holiday.


• ‘Hardware’ means the equipment specifically described in these Hardware Supply Terms which we supply or make available to you in relation to the internet services we offer.


• 'internet services' means services that provide internet access and other services provided in conjunction with internet access.


• 'network' means the telecommunications system used to provide the services to you and other customers.


• 'network provider' means Vocus New Zealand Limited, Chorus New Zealand Limited, Spark New Zealand Trading Limited, local fibre companies, and any third party with whom we have an arrangement to resell services.


• 'plan' means one of the different levels (by reference to such factors as we decide, for example mode, price, speed, volumes of data, regional or other availability and minimum term) of services offered by us. These may change from time to time.


• 'plan document' means any document published by us describing the characteristics of any plan. These may change from time to time.


• 'services' means the internet services specified in each plan document and such other internet services as we agree to supply. References to services include the rental sale of equipment.


• 'we', 'us, and 'our' refer to Electric Kiwi Limited, and where the context permits, includes their officers, employees, contractors, agents, successors and assignees.


• 'you' and 'your' refer to you, our customer.