2009 Kristin Laptop Use Agreement Online Terms and Conditions (the Online Terms)
Version 2.0, Published 31-10-2007
This web page constitutes the Online Terms for the Kristin Laptop Use Agreement.
Limit of Liability
The maximum total liability of You under this agreement shall be the lesser of:
(a) The amount payable in respect of any event of loss and/or damage (as provided in clause 1 hereof); or
(b) $3000 in respect of the time for which a Laptop has been issued to You. This will apply in instances when You make more than one claim for loss and or damage (during the 23 month period of the lease) and the sum total of the claims is equal to or greater than $3000.
Loss and/or Damage Claims
1. In the event that You make a claim for loss and/or damage to the Laptop which is accepted by the insurer, you agree to pay Us whatever payments are required by Us under the insurance policy by way of an excess. The excess that will apply in respect of a claim is currently $250 (inclusive of GST).
2. You agree to be bound by the terms of the insurance that may apply from time to time, including the Conditions of Care set out below, being the conditions required to be observed by the School's insurers.
3. We will invoice You for the excess on the acceptance of the claim.
4. If the claim is not accepted by the School's insurer we will invoice the full repair cost.
5. If a claim for repair under warranty is submitted and accepted by the provider of the Laptop hardware warranty, then there will be no additional charge. If the claim is not accepted, for whatever reason, and We agree to repair the Laptop, you agree to pay Our reasonable costs of repair.
Conditions of Care
1. All conditions of care of the Laptop Care Program must be met.
2. In addition, the following conditions of care must be met at all times:
You will use the same standard of care with the Laptop as You would use for your own personal valuable possessions.
As an example, You would not leave your purse/wallet or mobile phone on your desk in an open office or office environment. As portable computers these days are becoming smaller and more mobile, appropriate physical security must be observed with them. For this reason, You must ensure that items are "adequately secured".
The insurance policy defines certain terms for the purpose of claims for loss or damage as follows:
Adequately secured includes (but is not limited to):
Where Laptop has been manufactured with a locking facility to enable a locking device such as a securing cable or Kensington lock to be connected, then such a facility must be utilised whenever possible to do so. This particularly applies to the Laptop. This requirement specifically applies to Goods located within an office environment (unless physically stored in a secure and controlled locked cupboard).
All claims for loss of Laptops will be assessed against standard's which at this time, require proof of forcible entry/damage.
In addition to the exclusions contained in the agreement with You, there will be no insurance cover, and therefore the School will not be liable to repair or replace the Laptop which results from "mysterious disappearance" or any unexplained loss or damage.
Negligence includes (but is not limited to):
- Where keys to a locking device or cupboard in which the Laptop is stored, are left in a general access drawer or are left unsecured themselves.
- Goods left unsecured and unattended
- You are not exercising adequate or proper care.
- Loss or damage of the Laptop where the Laptop was left in an unlocked vehicle or within visible sight in the vehicle.
Laptops off-campus
Where You require to take your laptop computer away from the school environment, You are required to:
- Ensure the Laptop is secured as above where possible (i.e. whenever You leave the Laptop unattended for any period of time, You either secure the Laptop with a locking device, lock it into a secure cupboard which does not have general access or adopt any other reasonable precaution against theft).
- Always take the Laptop as hand luggage when the Laptop is in transit.
General Care
You agree to:
(a) Keep the Laptop and its original parts under your possession and control in New Zealand at all times. If the laptop is to be taken out of New Zealand, You must first advise the school in writing and arrange supplementary insurance cover for the laptop to the School’s satisfaction.
(b) Comply with the manufacturer's instructions regarding maintenance and operation of the Laptop, and keep the Laptop in good repair.
(c) Not remove any label, plate or mark which identifies the Laptop, the owner of the Laptop or the person to which the Laptop has been issued.
Other Events not covered by the School's Laptop insurance
In addition to the events described in Risk of Loss or Damage Section below, the following events will not be covered under the School's insurance policy
- Damage caused by the dropping of the Laptop where adequate care was not taken.
- Accidental damage caused by the spilling of any substance on the Laptop
- Damage caused by the incorrect use of the Laptop, or use of the Laptop in a manner other than as specified by the manufacturer.
- Wilful or negligent damage caused by You, or someone authorised by you to use the Laptop.
Note: All laptops under the 2008 Laptop Programme are also covered by Lenovo (Thinkpad) Protection Services which provides repair or replacement coverage for accidental damage suffered during normal operating conditions such as electrical surges, drops or falls, and LCD damage caused by a drop or fall ñ events not covered under the laptop insurance policy.
Claim Requirements
All claims for loss of Laptop must be accompanied by a Police Report. It is Your responsibility to report the loss to the appropriate police station and to obtain a police report which must be submitted with a claim.
Risk of Loss or Damage
During the term of Laptop use by You, and except for the excess that the insurer may require (currently $250) the School will bear the risk of loss or damage to the Laptop up to the replacement cost of the laptop, unless the loss or damage:
a) Is not reported to the School within 2 days of the occurrence;
b) Occurs as a result of your negligence or wilful act;
c) Arises out of a breach of the this Agreement;
d) Is an unexplained loss;
e) Occurs as a result of your failure to adequately secure the Laptop.
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