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ACCOUNTS | TERMS & CONDITIONS  ACCOUNTS | TERMS & CONDITIONS

ACCOUNTS | TERMS & CONDITIONS

Terms and Conditions of Sale – Xpress IT (Aust) Pty Ltd (The Supplier)

Interpretation

In these conditions "Customer" means the Customer specified.

"DOA Goods" means Goods that have a hardware malfunction on receipt of the Goods by the Customer or that suffer a hardware malfunction within seven (7) days of receipt.

"Faulty Goods mean Goods complying with the conditions in clause 5.1(a) to (g).

"Goods" means the computer constructed or any product or service provided by the Supplier for the Customer pursuant to any purchase order provided by the Customer to the Supplier from time to time.

"Purchase Order" means any order placed by the Customer with the Supplier for the purchase of Goods from the Supplier.

"Specifications" means particulars of the Goods including the particulars of the Customers requirements for the CPU, Hard Drive, Mainboard, Memory, Floppy drive, CD Rom, Case, Keyboard, Mouse, Monitor, Operating system, and any additional requirements.

"Supplier" means Xpress I.T. (AUST) Pty Ltd

Terms of Sale

These terms and conditions shall apply to any Goods sold by the Supplier to the Customer from time to time.

Procedure for Supply

3.1 Should the Customer wish the Supplier to supply any Goods the Customer shall:

(a) Deliver to the Supplier a Purchase Order containing the Specifications for the Goods;

(b) Ensure that the components specified by the Customer are compatible with each other and with the Customers requirements.

3.2 All Goods to be supplied by the Supplier to the Customer are as described on the Purchase Order agreed by the Supplier and the Customer and the description on the Purchase Order prevails over all other description including any enquiry by the Customer.

3.3 The Customer shall pay the cost of delivery of the Goods.

3.4 No order may be cancelled except with the consent in writing of the Supplier and on terms that indemnify the Supplier against all losses.

Payment Terms

4.1 The Customer shall pay for the Goods by cash or Bank Cheque on or before delivery of the Goods unless the Supplier has previously approved a credit account for the Customer.

4.2 The Supplier reserves the following rights in relation to the Goods until all accounts owed by the Customer to the Supplier are paid in full:

  1. ownership of the Goods;
  2. to enter the Customers premises (or the premises of any associated company or agent where the Goods are located) without liability for trespass or any resulting damage and retake possession of the Goods; and
  3. to keep or resell any Goods repossessed pursuant to 4.2(b) above.

If the Goods are resold by the Customer, the Customer shall hold such part of the proceeds of any such sale as represents the invoice price for the Goods sold in a separate identifiable account as the beneficial property of the Supplier and shall pay such amount to the Supplier on request. Notwithstanding the provisions above the Supplier shall be entitled to maintain an action against the Customer for the purchase price and the risk of the Goods shall pass to the Customer on delivery.

Guarantee

5.1 The Supplier’s liability for Goods manufactured by it is limited to making good any defects by repairing the defects or at the Supplier’s option by replacement, within a period not exceeding twelve (12) calendar months after the Goods have been dispatched so long as:

    1. defects have arisen solely from faulty materials or workmanship in original configuration ;
    2. the Goods have not received maltreatment, inattention or interference;
    3. defects have not resulted from any accessories or alterations made after dispatch of the Goods by the Supplier;
    4. any manufacturers or distributors warranty stickers have not been removed or damaged;
    5. the seals of any kind on the Goods remain unbroken; and
    6. the defective parts are promptly returned at customers cost to the Supplier.
    7. software does not carry any warranty from the supplier.

5.2 The Supplier may, at the Suppliers sole discretion, give the Customer a credit or refund for Faulty Goods in lieu of repair or replacement.

5.3 The Supplier is not liable for and the Customer releases the Supplier from any claims in respect of faulty or defective design of any Goods supplied unless the design has been wholly prepared by the Supplier and the responsibility for any claim has been specifically accepted by the Supplier in writing.

5.4 Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to the merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Supplier is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Goods or arising out of the Supplier’s negligence or in any way whatsoever.

5.5 The Supplier’s liability for a breach of a condition or warranty implied by Div 2 of Part V of the Trade Practices Act 1974 (other than s 69) is, subject to these terms and conditions, limited to any one or more of the following:

    1. the replacement of the Goods or the supply of equivalent Goods;
    2. the repair of the Goods;
    3. the payment of the cost of replacing the Goods or of acquiring equivalent Goods;
    4. the payment of the cost of having the Goods repaired; or

5.6 The Supplier’s liability under s 74H of the Trade Practices Act 1974 is expressly limited, subject to these terms and conditions, to a liability to pay to the Customer an amount equal to:

(a) the cost of replacing the Goods;
(b) the cost of obtaining equivalent Goods; or
(c) the cost of having the Goods repaired, whichever is the lowest amount.

Price

6.1 Unless otherwise stated all prices quoted by Supplier are net, exclusive of Goods and Services Tax (GST).

6.2 Prices quoted are those ruling at the date of issue of quotation and are based on rates of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, rate of wates, cost of materials and other charges affecting the cost of production ruling on the date is made.

If the Supplier makes any alterations to the price of the Goods or to any of their inputs either before acceptance of or during the currency of the contract, these alterations are for the Customer’s account.

All quotations are valid for 7 days only.

DOA Goods

7.1 Subject to manufacturers requirements and compliance with the Returns Procedure in clause 8, the Supplier provides a warranty for DOA Goods.

Returns Procedure for DOA Goods

8.1 Requests for the return of Dead on Arrival (DOA) Goods shall be registered with the Supplier by telephone, fax or e-mail

8.2 Upon registration of a request for return a Return Authorisation (RA) number will be issued and an RA form issued to the Customer

8.3 The Customer shall return the Goods, the duly completed RA Form and proof of purchase within seven (7) days of the issue of the RA number. The Goods shall be returned either in the original packaging or in packaging sufficient to avoid damage to the Goods in transit

8.4 The Supplier shall refuse to accept any Goods returned without an RA number and shall return such Goods to the Customer at the Customers expense

8.5 The cost of shipping the Goods to the Supplier shall be borne by the Customer.

8.6 The Supplier accepts no responsibility for data stored on systems sent in for repair. It is the Customer’s responsibility to see that all vital data on a system is backed up. Repair work done by the Supplier may result in data loss. The Supplier is not liable to the Customer for any loss of data.

8.7 Should the Customer not follow the returns procedures prescribed in this clause, the Goods shall be returned to the Customer, at the Customer’s cost, and the Supplier shall not be liable for any damage or malfunction of the Goods

8.8 The issue of an RA number does not constitute acceptance by the Supplier of liability for any damage or fault in the Goods.

8.9 If any Goods are returned for repair and found to be damaged or faulty by reason of alterations made by the Customer or alterations made after the Goods were dispatched to the Customer by the Supplier, then the Customer shall pay to the Supplier a fee of $30. The Supplier may, if requested by the Customer, repair the fault at a minimum fee of $60 per hour. The Goods shall be returned to the Customer at the Customers cost.

8.10 If any Goods are returned for repair and found not to be damaged or faulty, then the Goods will be returned to the Customer at the Customers cost and the Customer shall pay to the Supplier a fee of $30.00.

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