TERMS & CONDITIONS

"Us or We" means Rugged Phones NZ and or Rugged Phones NZ Ltd.

"You or Your" means you the purchaser of the phone or tablet.

DISCLAIMER AND LIMITATION OF LIABILITY

Although every effort will be made to ensure the information on this website is kept up to date and accurate, we cannot assume liability for any loss or inconvenience caused by inaccuracies or errors concerning any products or services.

Phone and tablet dimensions and weights are approximate only and can vary during manufacture. Photos used are sourced from our suppliers and are correct at the time we purchase the phones and tablets. Some variations can occur from time to time but in all cases the phones are the model as sold by the manufacturer.

For the latest information and confirmation on any goods or services, please message us via the "Contact" page on this site and one of our customer support staff members will be pleased to assist.

We guarantee that the pre loaded apps on the phones and tablets we sell will function correctly. We do not guarantee that any additional apps you may download will work on the phone or tablet you purchase, even if downloaded from the Google Playstore, as not all apps will be compatible with various versions of the Android operating system in the phones and tablets.

As our phones and tablets are waterproof in static water only, under no circumstances shall we be liable for water damage to any phone or tablet taken into a swimming pool, spa pool, creek, river, lake, ocean or left outside and subject to rain. Please see "Liquid Damage" clause below under what "The warranty does not cover".

In no event shall Rugged Phones NZ Ltd, its shareholders or it's officers be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits.

Rugged Phones NZ Ltd reserves the right to the interpretations of the policies and also reserves the right to revise the policies at any time.

FORCE MAJEURE

Rugged Phones NZ Limited shall not be held responsible to you (the purchaser) nor be deemed to be in default under, or in breach of any provisions of these terms and conditions for failure or delay in performing any obligation of  these terms and conditions when such failure or delay is due to force majeure, and without the fault or negligence of Rugged Phones NZ Limited so failing or delaying. For purposes of  these terms and conditions, force majeure means a cause beyond the reasonable control of Rugged Phones NZ Limited, which may include acts of God; acts, regulations, or laws of any government; war; terrorism; civil commotion; fire, flood, earthquake, tornado, tsunami, explosion or storm; pandemic; epidemic and failure of public utilities or common carriers.

In such event Rugged Phones NZ Limited will immediately notify you (the purchaser) via email of such inability and of the period for which such inability is expected to continue. Rugged Phones NZ Ltd will be excused from such of its obligations under  these terms and conditions as it is thereby disabled from performing for so long as it is so disabled for up to a maximum of 120 days, after which time Rugged Phones NZ Limited will negotiate in good faith with you (the purchaser) any modifications of the terms of  these terms and conditions that may be necessary to arrive at an equitable solution, unless Rugged Phones NZ Limited gives such notice and has set out a reasonable time frame and plan to resolve the effects of such force majeure and executes such plan within such time frame. To the extent possible, Rugged Phones NZ limited will use reasonable efforts to minimise the duration of any force majeure.

CONTACT POLICY

Your emails or questions will be responded to as soon as possible or on the next working day. Due to the large volume of emails we receive, email response can take up to four hours during business days. It is our policy to reply to all emails, so if you have not received a response within twenty four hours, please check your junk or spam folders.

DISCLOSURE

Pre-Release and New Release:

Shipping dates for these products are given as a guideline only and can change depending on a number of factors including but not limited to extremely high demand, manufacturing and production issues, shipping timetables and customs clearance delays.

Once you place an order and pay for the product, no refunds will be given if there are delays to shipping outside of our control for twenty eight days from the date of your order. After twenty eight days if we are unable to ship your product to you we will offer you the choice of a full refund or you can choose another product with any price difference paid by you or us depending on the sale price of the replacement product you select.

If we are made aware of delays of more than seven days from the stated "shipping out" date, we will notify you via email of the new expected "shipping out" date.

Chinese New Year Holiday:

As this year's Chinese New Year holiday runs from February 3rd until February 17th, 2024, please note that there will be extended delays with any back ordered items that you order. You should allow an extra 14 days over and above the 7-10 days as stated on our website for back ordered products. If you need to purchase a phone, tablet or laptop quickly, please consider choosing a product that is in stock and not on back order.

Back Ordered Products:

From time to time, products can move to a "back ordered" status. Usually, these products will come back in stock within 7 to 10 days however delays of up to 28 days can occur due to manufacturing, shipping and or customs hold ups.

If there is going to be a delay beyond 10 days before the product you have ordered is back in stock, we will advise you via email. If after 28 days the product is still not in stock, we will refund you or offer you the choice of a different product, with either you or us paying the difference in price. Please note that no refunds will be made prior to 28 days from the date of your order.

General Shipping Times:

We hold most of our stock in New Zealand and orders for these phones are couriered out next business day. All other stock is held in either our Hong Kong, Shenzhen or Melbourne logistics warehouses and shipping time to New Zealand is four to seven business days. Sometimes there can be delays caused by slow customs clearance times, airline schedules, weather conditions, public holidays and when multiple items are ordered that will be shipped out from two different warehouses.

Stock availability fluctuates up and down in our system based on orders received and stock received and sometimes there can be delays to shipping times if an item moves to a "back order" status.

If your order is going to be delayed beyond seven business days from the time you ordered, we will email you and let you know why it has been delayed and what the expected delivery time will be.

Dispatch and Courier:

We dispatch all orders via NZ Courier Post or DHL Express Courier with signature required on delivery. The delivery guideline for stock ex our Christchurch warehouse, is one to three business days and for stock ex our Hong Kong warehouse, it is four to seven business days.

Sometimes deliveries can be quicker and sometimes they may take longer than the stated guideline. Once we hand over your order to the courier company, we cannot control the actual delivery date. If you have not received your order within seven business days, please contact the courier company and lodge and enquiry.  If you wish to provide the courier with an ATL (authority to leave) you can do this once we email you the tracking link. We will not be held liable for theft or non delivery of your order if you do provide an ATL.

VoLTE:

It is your responsibility to make sure that the VoLTE phone or tablet you wish to purchase and your account (sim card) have been provisioned by your network provider to work on their network. Just because a phone or tablet supports VoLTE does not mean that it will be able to access the VoLTE service provided by your Telco.  For the code to access the screen to turn on "VoLTE" once your account has been provisioned by your Telco, please contact us.

VoWi-Fi:

It is your responsibility to make sure that the VoWiFi phone or tablet you wish to purchase has been provisioned by your network provider to work on their network. Just because a phone or tablet supports VoWiFi does not mean that it will be able to access the VoWiFi service provided by your Telco.

Android Operating Systems:

The Android phones and tablets for sale on this site, are only designed to work with the current Android OS installed on them, and they will not upgrade to a newer version. Any alterations such as upgrades or flashing a newer version will void the warranty.

Ownership:

The domain name www.ruggedphones.co.nz is owned by Rugged Phone Store Pty Ltd and is used by Rugged Phones NZ Ltd under a licence granted by Rugged Phone Store Pty Ltd

Merchant Identification:

If you purchase a product on this site, "RUGGEDPHONESNZ" and or "RUGGEDPHONESNZLTD" will appear as the merchant on your PayPal, Bank or Credit Card statement.

Coupons:

From time to time coupons maybe issued to past or future customers that provide a fixed discount or a percentage discount. These coupons can only be used on items that are not already on sale.

Free USB Quick Charger:

Offer valid for all phones sold on our site after 3pm on the 18th of October 2021.

WARRANTY TERMS AND CONDITIONS

"Us or We" means Rugged Phones NZ and or Rugged Phones NZ Ltd.

"You or Your" means you the purchaser of the phone.

We provide a minimum 12 month "return to base" warranty on every phone or tablet we sell.  Please check the individual phone or tablet listing for the actual warranty term.

2 year "Premium Plus" warranty is only available on selected rugged phones and tablets.

Warranties are issued to the original purchaser only and are not transferable.

As we hold the warranty liability on the phone for the length of the stated warranty period, all inspections and repairs must be undertaken through our repair center. Any inspections and or repairs undertaken by any other person or business during the stated warranty period for the phone or tablet, will void the warranty and no further warranty claims will be accepted. Once the phone or tablet is no longer under warranty, the purchaser is free to have their phone or tablet inspected and or repaired by another person or business.

The warranty covers:

Any manufacturing fault, manufacturing defect or manufacturing failure of the phone or tablet that occurs within the warranty period from the date of purchase.

We will repair, replace or refund the purchase price at our sole discretion in the event of an approved warranty claim. Damage or faults occurring due to misuse, accident or fair wear and tear are not covered by the warranty.

Replacement: If we decide to replace your phone or tablet but the model is no longer available, we will at our sole discretion, provide you with another make and model of similar or better specifications than the phone or tablet you originally purchased from us. All replacement phones and tablets have a warranty expiration date as per your original phone or tablet purchase, that being either 12 or 24 months (depending on the make and model) from the original invoice date when you first purchased your phone or tablet from us.

Refunds: If we decide to refund you, refunds are paid to the card or bank account that was used to purchase the phone or other items. Refunds are processed and paid within 14 days of receiving the phone or other item back to our office or warehouse.

Hermetically sealed Phones and Tablets:

Some phone models and tablets sold on this site are "hermetically sealed". Depending on the make and model, the phone or tablet may not be fully serviceable without breaking the waterproof seal. In the event that the phone or tablet cannot be repaired under warranty without breaking the waterproof seal, we will replace the phone or tablet or refund you at our discretion.

If the issue or damage caused to your "hermetically sealed" phone or tablet is not covered under the manufacturers warranty and if the make and model cannot be repaired without breaking the waterproof seal, you will need to make a claim under your home contents or business insurance policy, if you have one.

Advantages of hermetically sealed phones and tablets:

Many phone and tablet manufacturers are now moving to "hermetically sealed" phones and tablets as they offer many advantages. Being fully sealed means they are not so prone to liquid (water) damage, they are far more resistant to dust and other foreign bodies getting inside the phone or tablet. Due to the long-life batteries now available to manufacturers, it is also no longer necessary to open the phone or tablet during it's lifetime.

Warranty claim process:

1. You must notify us as soon as possible of the issue you are having in writing via email.

2. We will then reply to your email and may call you depending on the nature of your issue.

3. If we request you to file a warranty claim, that is all it is, a claim. It does not mean that we have accepted your claim at this time.

4. You will be provided with the link to the form on our sites to submit your claim.

5. Once we have received your claim, we will then advise you via email of the RMA number that you need to quote and where the phone or tablet is to be sent at your cost together with important instructions.

6. Once we receive your phone or tablet, an inspection will take place and we will inform you of the result of that inspection.

7. Based on that inspection either a repair will be required at our cost if we accept your claim or your cost if we do not accept your claim.

8. If the repair is to be at your cost, we will give you the estimated cost and time frame for the repair or the choice to have your phone or tablet sent back, for you to get it repaired yourself.

9. If the repair is to be done under warranty at our cost, we will notify you of the time frame, bearing in mind that some parts may need to be imported for the repair.

Note:

1. All phone and tablet returns are at your cost and must be sent by tracked post or courier and you must send us the tracking link via email the same day you send the phone back. You must use the contact form on the websites contact page to send the tracking link to avoid misspelled email addresses.

2. Phones or tablets sent back to an incorrect address or that go missing are not our responsibility.

3. Phones and tablets must be returned with a minimum of foam or bubble wrap/bag for protection while in the postal/courier system and we take no responsibility for phones or tablets damaged in transit either on their way to us or on their way to you.

4. Phones or tablets must be sent back within 14 days from the date your warranty claim has been accepted by us. This date is defined as the date on the email sent to you with the return instructions. No claim under the warranty will be accepted if you send the phone or tablet back to us later than 14 days from the date on the email sent to you with the return instructions, as the fault or issue may get worse and lead to other related issues.  If circumstances will not allow you to return your phone or tablet within 14 days, please click here to contact us and advise when you will be able to return it.

The warranty does not cover:

Accidental damage is not covered. Although our rugged phones and tablets are a lot tougher than a normal smartphone or tablet, they are not indestructible. Accidental damage will in most cases be an insurance claim. This can include dropping your phone or tablet and damaging the screen or body of the phone or tablet, plugging in the wrong cable, wrong sim card or anything else that can be inserted into the phone or tablet.

Damage to the speaker(s) from iron filings or strong magnetic fields is not covered. Speakers are magnets and to function correctly they have to be open to the air for you to hear sound. Because of this, it is impossible to prevent iron filings from entering and contaminating the speaker cavity.

Liquid damage (including water damage) is not covered. Although our rugged phones and tablets are IP68 rated, all manufacturer tests are done in static water with minimal pressure applied to the port seals. Running rivers, creeks, ocean waves and water pressure from hoses and taps, are strong enough to penetrate the seals. As it is not possible for us or the manufacturer to know what liquid or water pressure your phone or tablet was exposed to, no claim will be accepted for damage of this kind.

Miss-use including not keeping the port covers closed during operation of the phone or tablet, exposing the phone or tablet to corrosive chemicals, paint, plaster, grease, sludge, magnetic fields and extreme environment conditions are not covered. Damage resulting from plugging a cable into the phone or tablet that is not dry and clean or repeatedly dropping your phone or tablet on the ground or generally abusing the phone or tablet is also not covered.

Burn-in damage to thermal sensors. Thermal camera sensors can be damaged by prolonged exposure to direct sunlight, even when not in use. Make sure you place your phone face up when not in use and do not take a thermal photo of the sun or any other super high density light source.

Using a non-factory usb cable or a charger not supplied by us that causes your phone or tablet to malfunction is not covered under the warranty. Never use the usb type-c adapters to charge your phone or tablet as they are only supplied for data transfer. Do not use generic type usb cables as they are known to cause phone and tablet issues and in rare cases fires.

Wear and tear are not covered as like anything, over time things wear out.

All accessories, except the usb charger and charging cable are not covered under the warranty. This includes items such as but not limited to, screen protectors and phone cases.

Downloading and updating of apps other than those on the phone or tablet at time of purchase that cause your phone or tablet to malfunction will void your warranty as will flashing, upgrading or modifying the Android operating system.

Software and phone issues caused by malware or viruses download either accidentally or on purpose by you are not covered under the warranty. We strongly recommend that you use a trusted anti-virus program to protect your device.

Connection issues between your phone or tablet and any built-in navigation, music or video devices in any type of vehicle are not covered under the manufacturer's warranty. Compatibility issues are not a fault of the phone or tablet, and no phone or tablet manufacturer can guarantee that their phones or tablets will be compatible with every device, in every vehicle, as they do not control the manufacture of those vehicles.

When your phone or tablet is in our or our repairer's possession, all care will be taken however in the event of damage, theft or fire, we take no responsibility, and it is up to you to claim through your own household or other insurance policy.

Doing a factory reset of your Android phone or tablet without our permission in writing, will void your warranty. Factory resets have been known to make the issue worse or in rare cases create other issues. We will advise you if and when a factory reset is necessary.

Poor coverage and or poor reception issues at your home or work location are not covered. We warrant that each phone or tablet will work on the networks as listed for each phone and tablet in cities and towns, unless expressly stated otherwise. It is simply not possible for any manufacturer to guarantee mobile reception in all locations as mobile coverage issues are beyond their control. Phones and tablets listed with the 4G extended compatibility will give better reception outside of cities and towns however there will still be places where even they will not be able to receive a signal. It is your responsibility to check the phone or tablet listing and the frequencies that they will operate on, to decide if it will perform in the locations that you live and or work.

Providing us with misleading or deceptive information will void your warranty. To help solve your issue, we need to know what the issue is, how it happened and under what circumstances it happened. It is your legal responsibility to provide us with honest and accurate information so we can meet our legal obligations to you under various New Zealand laws.

ACCEPTANCE OF TERMS AND CONDITIONS

When you place an order on this site, you are confirming that you have read, understood and agree to the terms and conditions as stated above.

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