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:
- ownership of the Goods;
- 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
- 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:
- defects have arisen solely
from faulty materials or workmanship in original configuration ;
- the Goods have not received
maltreatment, inattention or interference;
- defects have not resulted
from any accessories or alterations made after dispatch of the Goods by
the Supplier;
- any manufacturers or
distributors warranty stickers have not been removed or damaged;
- the seals of any kind on the
Goods remain unbroken; and
- the defective parts are
promptly returned at customers cost to the Supplier.
- 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:
- the replacement of the Goods
or the supply of equivalent Goods;
- the repair of the Goods;
- the payment of the cost of
replacing the Goods or of acquiring equivalent Goods;
- 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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