TERMS AND CONDITIONS
These Terms and Conditions apply to the supply of the Products and Services to the Client by
Infinity Computer IT Service P/L
These Terms and Conditions and any document(s) referred to in them constitute the entire agreement about ICITS’s supply of the Products and Services to the Client and supersedes all prior understandings, arrangements, representations and agreements. Words used in these Terms and Conditions which have special meanings are given capital letters and are defined in clause 1. A reference in these Terms and Conditions to: a. the singular includes the plural and vice versa; and b. the word “including” means “including, but not limited to,” and the word “includes” means “includes, without limitation,”.
In these Terms and Conditions:
“ICITS” means Infinity Computer IT Service P/L
“Customer” means the person, business, company or other legal entity that is the purchaser of the Products and Services;
“Products” means the Products supplied to the Client by ICITS and described in the Sales Invoice;
“Sales Contract” means any sales contract entered into by the Client and ICITS in respect of the Products and Services supplied to the Client in which these Terms and Conditions are or are deemed to be incorporated;
“Sales Invoice” means the sales invoice issued by ICITS in respect of the Products and Services supplied to the Client in which these Terms and Conditions are or are deemed to be incorporated;
“Services” means the services (if any) provided to the Client by ICITS and described in the Sales Invoice
a. ICITS may reject any order placed by the Client if there is an insufficient supply of Products which prevents ICITS from being able to fulfil such order.
b. ICITS will not be bound by any terms and conditions attaching to the Client’s order and, unless those terms and conditions are expressly agreed in writing by an authorised representative of ICITS, the Client agrees that those terms and conditions are excluded.
c. ICITS reserves the right to change and or correct prices, product availability and specifications due to any factors without notice.
d. Parts availability is advised based on known stock quantities at that time and could change without notice.
a. The price of the Products and Services will be ICITS’s quoted price.
b. Payment is required prior to delivery of the Products (unless agreed otherwise by ICITS or its authorised representative). If the Client fails to make payment in accordance with this clause 3(b) after demand for payment by ICITS all amounts owing by the Client to ICITS on any account will immediately become due and payable.
c. ICITS may, in its sole discretion:
i. Suspend the provision of credit to the Client until all amounts owing are paid for in full; and
ii. From time to time and at any time, vary or cancel any credit facility it makes available to the Client.
d. Customers paying by Credit card must ensure sufficient funds are available to cover the purchase. In the event a Credit card charge is declined ICITS will attempt to contact the customer once to rectify the issue or arrange an alternate payment method. If payment has not been received within 48 hours after this contact attempt the order will be cancelled and the stock returned into inventory as available sales stock.
The delivery times made known to the Client are estimates only and ICITS will not be liable for late delivery or non-delivery. Under no circumstances will ICITS be liable for any loss, damage or delay suffered or incurred by the Client or its Clients arising from late or non-delivery of the Products.
Orders which are to be picked-up from ICITS must be done so within 7 days of the stock being available. ICITS will attempt to contact customers by phone or email to inform them that an order is ready for pick-up. If contact cannot be established after two attempts or the order is not picked-up with 7 days the order will be cancelled and the stock returned into inventory as available sales stock. ICITS reserves the right to charge a restocking fee as per Section 9 (part a) of these terms and conditions.
5. Part deliveries
ICITS may make part deliveries of any order, and each part delivery will constitute a separate supply of the Products upon these Terms and Conditions.
6. Inspection and acceptance
The Client must inspect all Products upon delivery to the Client’s premises and must, within 5 days of delivery, give notice to ICITS of any matter or thing by which the Client alleges that the Products are not in accordance with the Client’s order. Failing such notice and to the extent permitted by law, the Products will be deemed to have been delivered to and accepted by the Client.
7. Title and risk
a. Products supplied by ICITS to the Client will be at the Client’s risk immediately upon delivery of the Products to the address provided by Clients.
b. Risk in the Products will remain with the Client at all times unless ICITS retakes possession of the Products in accordance with clause 7(d)(ii).
c. Title in the Products supplied by ICITS to the Client will not pass to the Client until those Products and any other products supplied by ICITS to the Client have been paid for in full.
d. If the Client has breached these Terms and Conditions (including any payment obligations) or the terms of any relevant Sales Contract, the Client authorises ICITS, at any time, to enter onto any premises upon which ICITS‘s Products are stored to enable ICITS to:
i. inspect the Products; and/or
ii. reclaim the Products.
f. The Client agrees that the provisions of this clause 7 apply despite any arrangement under which ICITS grants credit to the Client.
8. Replacement Part Conditions / Resale Obligations
Acer Replacement & Spare Parts
All Acer Replacement Parts sold by ICITS can only be consumed for replacing a defective part or an upgrade to a system. All Acer Replacement Parts are supplied with a 6 month RTB warranty. All Acer Replacement Parts can be supplied in the condition of new or manufacture refurbished.
a. Where ICITS approves the Return Authority (RA) request, a restocking fee of $30 or 25% (whichever is the greater) will apply at the discretion of ICITS based on circumstances surrounding the return of the product. All returned goods shipments must have prepaid freight. All returns accepted for credit must be in the original packaging and unopened or credit will be denied. Shipment
b. The Client must notify ICITS in written notice of any Products it wishes to return within 7 days from the date of the invoice relating to those Products. Custom spare parts (special orders, non-stockable or non-returnable items) are to be paid for upfront and are non-returnable and non-refundable, this can be at the ICITS manager’s discretion.
c. Returns will be subject to ICITS‘s returns policy as advised to the Client and amended by ICITS from time to time.
d. Each claim for the return of Products by the Client will be dealt with in accordance with the Returns Policy. Any substitute Products to be shipped to the Client in accordance with the Returns Policy will be sent by ICITS to the Client by ordinary freight pre-paid.
e. ICITS will not be liable for any damage or defects in the Products that have been caused by the improper storage, warehousing or transport, or by any neglect, abuse or improper use, installation, maintenance or unauthorised repair.
f. The provisions of this clause 8 do not extend to any Products which have been added to, modified, varied or changed by any person or party other than ICITS.
10. Loss or damage in transit
ICITS is not responsible for any loss or damage to Products in transit by the Clients carrier whether shipping from or returning to ICITS.
11. Client’s cancellation
a. unless otherwise agreed in writing, the Client will not have the right to cancel an order which has been accepted by ICITS.
b. Client requests for part, or parts cancellation must be exercised by notice, by submitting a “Parts Cancellation request” via written email not later than 7 days before the estimated date of shipment by the manufacturer or ICITS (as the case may be).
c. Unless otherwise agreed between the Client and ICITS, upon cancellation prior to shipment, any deposit paid by the Client will be forfeited to ICITS.
d. At Management’s discretion, a cancellation fee of $30 or 25% (Whichever the greater) will be applicable to cancelled orders.
e. Request for Cancellation will be declined for Parts When: Parts are especially ordered for clients, where the Supplier for ICITS has a non-returns policy for that particular part and where ICITS have a zero consumption history for that particular part.
12. Default of Client
Without prejudice to any other rights that ICITS has under these Terms and Conditions, if the Client fails to make any payment due to ICITS under these Terms and Conditions, ICITS may, in its sole discretion, and without further liability to the Client:
• refuse to make further supplies to the Client under the relevant Sales Contract; and/or
• terminate the Sales Contract without notice.
For all outstanding monies due to ICITS P/L the debt will be referred to a nominated debt collection agency.
a. Warranty period provided on Acer spare parts supplied is 6 months return to base (RTB).
b. Warranty provided on custom build systems is 3 year RTB warranty (exclude Power Supple Unit, PSU only carry 1 year warranty) on parts and labour.
c. Warranty provided on notebooks, printers and monitors is manufacture warranty, terms and conditions according to manufacture.
d. To the extent permitted by law, the manufacturers’ warranties referred to in clause 13(a) are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including any implied warranties with respect to merchantability, fitness for purpose or quality, and whether as to design, assembly, materials or workmanship) and all such terms, conditions and warranties are expressly excluded from these Terms and Conditions.
e. Certain legislation may imply warranties or conditions or impose obligations upon ICITS which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which ICITS is able to do so, its liability will be limited, at its option, to:
i. in the case of Products: the replacement of the Products or resupply of equivalent Products; the repair of the Products; the payment of the cost of replacing the Products or acquiring equivalent Products; or the payment of the cost of having the Products repaired; and
ii. in the case of Services: the supply of the services again; or the payment of the cost of having the services supplied again.
a. To the extent permitted by law, ICITS will not be liable to the Client or any other person under any circumstances for any loss of use, profit, revenue, interest, goodwill or data, or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by the Client, whether such liability arises directly or indirectly as a result of:
i. any negligent act or omission or wilful misconduct of ICITS or its employees or agents;
ii. the supply, performance or use of any Products or Services; or
iii. any breach by ICITS of its obligations under these Terms and Conditions or any relevant Sales Contract.
b. ICITS does not promise that repair facilities or parts will be available in respect of the Products.
a. The Client agrees to ICITS collecting, using and disclosing information about the Client for various purposes, including to:
i. Assess credit worthiness as outlined in clause 14;
ii. Supply the Products and Services to the Client and the management of the Client’s trading account;
iii. Communicate with the Client about the Products and Services which ICITS or its partners or affiliates may provide to the Client;
iv. Implement these Terms and Conditions and any Sales Contract; and
v. comply with the requirements of relevant laws.
b. ICITS, at the written request of the Client, will:
i. provide the Client with access to any personal information relating to the Client held by ICITS; and
ii. Correct or amend any personal information relating to the Client held by ICITS which is inaccurate or out of date.
c. ICITS will handle the Client’s personal information in accordance with the requirements of relevant laws.
a. ICITS may amend these Terms and Conditions at any time, by giving the Client notice by mail, e-mail or by posting a notice on ICITS‘s public website. By continuing to place orders for Products and Services after these Terms and Conditions are amended, the Client will be deemed to have accepted the revised Terms and Conditions.
b. Any provision of these Terms and Conditions which is invalid, void, voidable or unenforceable will be read down to the extent necessary, and the remaining provisions will continue unaffected.
c. The Client may not assign or attempt to assign any of its rights and obligations under these Terms and Conditions. ICITS may assign its rights and obligations under these Terms Conditions to any person.
d. These Terms and Conditions are governed by the laws of Australia. The Client submits to the non-exclusive jurisdiction of the courts of that country.