‘Data’ refers to information of any kind
contained in the memory of any item of equipment or
otherwise electronically stored in any item of equipment.
It includes computer programs, word processing files,
spreadsheets, lists, names, addresses and any application
or system software or other data file. It also refers
to the order in which such information or data is kept.
‘Equipment’ refers to any goods supplied
or used by Computer Emphasis as part of the provision
of services for example; replacement parts.
‘Service’ pertains to the services provided
by Computer Emphasis and includes any goods used as
part of the provision of those services for example;
‘Non excludable condition’ means any condition,
warranty, guarantee, right or remedy implied by a law
including the Trade Practices Act 1975 (Commonwealth)
or Fair Trading Act of any state by which law cannot
be excluded, restricted or modified.
These terms and conditions apply to the sale of goods
by Computer Emphasis (Victoria) Pty Ltd (Vendor) and
all offers made by the Vendor in relation to the Vendor’s
goods unless varied, amended or cancelled by an officer
or other authorised representative of the Vendor in
The Buyer of goods from the Vendor is deemed to have
accepted the terms and conditions contained herein
by placing an order with the Vendor.
The Vendor’s failure to object to any term or
condition contained in any communication, whether written
or oral from the buyer, shall not mean those conditions/terms
Unless otherwise specified, terms of trade are ex-warehouse.
Risk in goods passes to the Buyer at Computer Emphasis
(Vic) Pty Ltd premises.
The Buyer may, at his/her option, collect the goods
from those premises, or arrange freight on his/her
Alternatively, freight will be arranged on the Buyers
behalf by the Vendor.
All customers will operate on a ‘Cash on Delivery’ basis
for goods being collected. Otherwise ‘Cash before
Delivery,’ direct deposit into Computer Emphasis’s
(Victoria) Pty Ltd bank account or credit card payments
Cheques returned by the bank either as dishonored
or for representation will attract a fee of fifteen
dollars ($15.00) on each occasion. If this occurs more
than once within a three (3) month period, then any
purchases from hereon in must be paid by cash, credit
card or direct deposit.
Interest on amounts not paid within fourteen (14)
days of invoice shall be payable by the Buyer at the
rate of 13 percent per annum (13% p.a.) calculated
daily from date of invoice. In addition, the Buyer
agrees to pay any debt collection expenses incurred
in attempting to recover or recovery of such overdue
The Vendor must be notified in writing of any change
of address and/or ownership of the Buyer.
All prices quoted verbally or written are inclusive
of GST. The purchase price for the goods shall be at
the Vendor’s list prices as at the date of order.
Prices may be subject to change without written confirmation.
Any errors on the invoice/or in delivery must be notified
to the Vendor within seven (7) days of invoice. No
credits for overcharges or returned stock shall be
accepted outside these terms.
- No credits shall be
entertained for return of CPU’s
/ hard disks
- Refunds shall be a credit on account
of applicable invoice charge
- All goods being returned
are to be sent at the Buyer’s
- Goods that are non-warranty or found fault
free will be returned to the customer at their expense
and there will also be a service fee.
The Vendor will provide twenty-four (24) months warranty
on computer systems sold by Computer Emphasis (Vic)
Pty Ltd. The Vendor will provide a twelve (12) month
warranty on components or peripherals sold by Computer
Emphasis (Vic) Pty Ltd. All sales items carry warranty
activated at time of installation/delivery. If goods
are under warranty, then the repair or replacement
of the item shall be at the Vendor’s discretion.
The Vendor will not be liable for loss incidental
and / or consequential damage caused by the use of
its products. This includes any loss of data resulting
from equipment failure.
It is the Buyers responsibility to ensure adequate
back-ups are taken regularly. The Vendor will not be
liable for time lost in down-time or subsequent labour
charges caused by equipment failure.
The Vendor will not cover under warranty any item
that has been mishandled returned inadequately packed
and / or otherwise interfered with by unauthorised
The removal of any serial numbers, and / or warranty
stickers will void warranty.
Manufacturer’s charges related to voided time
delays, handling warranty items shall be borne by the
The Vendor will not repair under warranty damage caused
by operation outside of designed working and storage
environments, power surges, virus infestations, fluctuations
and interference, and external peripheral devices.
The Law of the State of Victoria shall apply to the
terms of this application and all transactions arising
there from and any proceedings in respect of any cause
of action arising out of the same shall at the option
of the Vendor be instituted, heard and determined in
a Court of competent jurisdiction in that State and
such Court shall be deemed to possess territorial jurisdiction
to hear and determine such proceedings.