TERMS AND CONDITIONS

GENERAL

‘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; replacement parts.

‘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 writing.

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 are accepted.

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 own behalf.

Alternatively, freight will be arranged on the Buyers behalf by the Vendor.

TERMS

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 are required.

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 amount.

The Vendor must be notified in writing of any change of address and/or ownership of the Buyer.

PRICES

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.

RETURNED GOODS

  • 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 expense
  • 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.

WARRANTY

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 personnel.

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 Buyer.

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.

     

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