Terms and Conditions
AUSTRALIAN IT SPARES PTY LTD (ACN 096 172 360) of 16 Harbord Street, Granville, NSW 2142 (“IT SPARES”);
AND “The Customer” specified in any Contract or Purchase Order.
In these General Terms and Conditions unless the context indicates a contrary intention:
“Agreement” means these Terms and Conditions and any other written agreement between the parties (including without limitation any purchase orders and invoices).
“Commencement Date” means the commencement of Services by IT SPARES or the date of the signed agreement.
“Contract” means any written agreement between IT SPARES and the Customer (including any Purchase Order agreed to and accepted by IT SPARES), detailing the terms of IT SPARES’s engagement, combined with these General Terms and Conditions.
“The Customer” refers to the company that is engaging IT SPARES to provide Products and services, pursuant to these General Terms and Conditions.
“Parties” means the parties to this Agreement and their respective successors and permitted assigns, and Party means any one of them;
“Product” means any hardware or software provided by IT SPARES including but not limited to any software acquired or created by IT SPARES, mice, keyboards, docking stations, cables, monitors and hard drives.
“Purchase Order” means any written purchase order or email, or order through the Site, received from the Customer and agreed to and accepted by IT SPARES at its absolute discretion, specifying the terms of the Customer’s order, other than those set out in these Terms and Conditions.
“Services” means the services provided by IT SPARES, including but not limited to maintenance, repairs, replacements, transport of Products, installation, support, provision of Products.
“Site” means www.itspares.com.au and any associated webpage.
“Special Order” means an item identified on the Purchase Order and invoice as a “Special Order”.
“Warranty” means the repair of manufacturing defects during the manufacturer’s stated warranty period.
2.1 In these General Terms and Conditions:
a) clause headings are inserted for convenience of reference only and shall be ignored in the interpretation of these General Terms and Conditions;
b) references to a clause shall be construed as references to a clause of these General Terms and Conditions;
c) references to any statute, ordinance or other law include all regulations and other enactments there under and all consolidations, amendments, re-enactments or replacements thereof;
d) words importing the singular include the plural and vice versa, words importing a gender include other genders and references to a person shall be construed as including an individual, the estate of an individual, firm, body corporate, association (whether incorporated or not), government and governmental, semi-governmental and local authority or agency; and
2.2 If there is any inconsistency between the terms of these General Terms and Conditions and the terms of any Contract or Purchase Order, then the terms of these General Terms and Conditions shall prevail to the extent of any inconsistency.
3.1 IT SPARES shall provide the Products to the Customer as specified in the Purchase Order and subject to these Terms and Conditions.
3.2 The Customer acknowledges that IT SPARES will not be responsible for any failure to meet a level of service to the extent specified in the Purchase Order, to the extent the failure is a result of the customer not observing its obligations.
3.3 By sending any Purchase Order (or correspondence purporting to be a Purchase Order), the Customer accepts that it is bound by these Terms and Conditions; and agrees to take and pay for the Products.
4.1 All prices on the Site are in Australian dollars (AUD). IT SPARES will not be responsible for errors in pricing that appear on the Site.
4.2 The prices to be paid by the Customer for all Products will be IT SPARES’ current selling price on the date of receipt by IT SPARES of the Order, less any applicable discounts in effect at that time. All Orders will attract a delivery charge as displayed on the check out page of the Site.
4.3 IT SPARES will notify a Customer in the event of a pricing error on the Site before an Order is delivered. The Customer will have the opportunity to cancel their Order within a reasonable time.
4.4 IT SPARES reserves the right to change its prices from time to time without prior notice to the Customer.
4.5 All prices on the Site do not include Australian Goods and Services Tax (GST) of 10%. This amount will be added on the final checkout page of tehe Site. GST will be added to the order total. The GST payable by the Customer will be shown on the invoice received by the Customer.
5. STOCK AVAILABILITY
5.1 The Customer acknowledges and accepts that IT SPARES may not have all items in stock at the time the Purchase Order is submitted. The Customer acknowledges that a delay of up to fourteen (14) business days may be expeinced in the delivery of a Purchase Order. If the expected delivery time is likely to exceed fourteen (14) business days, IT Spares will notify the Customer of this.
5.2 In the event that IT SPARES is unable to source an item that is listed on the Site, the Customer will be notified as soon as IT SPARES becomes aware of the non-availability of the item. If the Customer has prepaid, the Customer will be fully refunded.
6. PURCHASE ORDERS
6.1 All Purchase Orders from the Customer are subject to these Terms and Conditions. All Purchase Orders must be placed via the forms available on the Site and must specify the information requested on the form. This information includes but is not limited to:
a) The quantity and description of Products;
b) The full street address to which the Product/s is/are to be delivered.
6.2 The Customer is required to complete all of the required information on the Purchase Order form. If the information is not completed, IT SPARES will not process the Purchase Order.
6.3 IT SPARES will not accept Purchase Orders:
a) that do not include a nominated payment method as listed on the Site; or
b) where the payment is not confirmed by the Customer’s credit card provider.
6.4 An email confirmation will be sent to the Customer from IT SPARES acknowledging receipt of the Purchase Order as soon as possible after a Purchase Order has been placed. If IT SPARES does not accept the Purchase Order for any reason, the Customer will be informed by email as soon as possible after the Purchase Order has been placed.
6.5 Cancellation or variation of a Purchase Order must occur prior to shipment. The Customer must contact IT SPARES’ Customer Service line immediately on 1300 394 8000 and/or email IT SPARES at email@example.com. IT SPARES will endeavour to accommodate the Customer’s cancellation or variation request if the Product/s the subject of the Purchase Order have not yet been shipped. If the Product/s have been shipped, IT SPARES’ returns and exchanges policies will apply and the Customer will be bound by these Terms and Conditions
6.6 In the event that the Customer wishes to cancel the entirety of the Product Order prior to shipment, IT SPARES will apply a credit to the Customer’s credit card. A cancellation fee may be charged in this instance.
7.1 Shipment of the Products will occur as soon as the Products ordered are in stock in accordance with clause 5.1 of these Terms and Conditions.
7.2 IT SPARES shall not be liable for the consequences of any delays or inability to perform caused by circumstances or events beyond the reasonable control of IT SPARES or its suppliers.
7.3 The Products are at the Customer’s risk at all times and IT SPARES is excluded from all liability to the Customer or any other person, and the Customer indemnifies IT SPARES against any claim by any person about any loss, damage, mis-delivery or delay in relation to the delivery of the Products.
7.4 IT SPARES may deviate from any usual route or method used to deliver the Products.
7.5 The Customer consents to IT SPARES having a general or particular lien over the Products for all charges under the Purchase Order and IT SPARES may set-off or deduct from any payment to IT SPARES.
7.6 The Customer may arrange collection of the Products from IT SPARES in person or via Australia Post Regular/Express shipping, or through a courier service. The Customer will need to contact IT SPARES directly via phone or email in order to arrange personal collection.
7.7 The Customer acknowledges that IT SPARES may be subject to production, delivery or other unforeseen delays from time to time in relation to the Products. IT SPARES may allocate distribution of Products orders amongst Customers at its sole discretion.
7.8 IT SPARES reserves the right to deliver Purchase Orders in parts as Products become available. The Customer may contact IT SPARES at firstname.lastname@example.org with any enquiries in relation to Purchase Orders and Delivery.
7.9 If upon delivery to the Customer, Product/s appear to be damaged, the Customer must contact the freight company (or Australia Post as relevant) and report the damage. Once the respective delivery provider has been notified, the Customer must notify IT SPARES of the damage on 1300 394 800 for assistance in relation to the damages shipment, in order for arrangements to be made for an replacement.
7.10 IT SPARES reserves the right to arrange delivery of all Products to the Customer using freight carriers nominated at IT SPARES’ absolute discretion.
8.1 The Customer is required to pay for the Products in full at the time of placing a Purchase Order through the Site. Payments may be made by Credi tCard, PayPal or Direct Bank Deposit.
8.2 IT SPARES will verify the credit card information supplied by the Customer and will advise the Buyer via email once the Purchase Order has been accepted. The Customer will submit to IT SPARES all information as may be reasonably required in order for IT SPARES to authorise and verify the credit cards supplied for the purchase of Products by the Customer.
8.3 Until all monies are received by IT SPARES from the Customer in respect of any Products, the Customer accepts that IT SPARES shall have a general possessory lien over all products, goods and inventory of the Customer that are in the custody or control of IT SPARES. No Products will be shipped by IT SPARES prior to payment being received by IT SPARES in full.
8.4 In the event that the Customer’s credit card provider rejects a payment when due, IT SPARES may at its discretion delay or cancel delivery of the Purchase Order placed by the Customer.
8.5 IT SPARES reserves the right to offset and deduct from any refund due ot the Customer any and all sums owed to IT SPARES by the Customer.
9.1 If GST is imposed on any supply of Products made by IT SPARES under these Terms and Conditions, the Customer must pay, in addition to any fees (unless those fees already include GST), an additional amount equivalent to the GST payable. In this clause: “GST” means the goods and services tax as provided for by the GST Law; and “GST law” means the tax imposed by the New Tax System (Goods and Services) Tax Act 1999 (Cth) and related impositions of the Commonwealth.
10.1 The Customer will have the benefit of any warranties from vendors, manufacturers or suppliers for the benefit of IT SPARES to the extent that they cover the Products provided to the Customer under these Terms and Conditions.
10.2 The Products are covered by a manufacturer warranty or an IT SPARES warranty where specified. If a Product is delivered to the Customer in a defective condition as the result of a manufacturer’s defect, or a defect which occurs during the intended use of the Product, the Customer will be required to contact IT SPARES on 1300 394 800 for further information.
10.3 IT SPARES is not required to reimburse the customer for labour, incidentals, or any other costs related ot the installation of the Products or in any other circumstances.
11.1 IT SPARES will not accept returned Products due to a Customer’s change of mind.
11.2 If there is a warehouse error or other error on the part of IT Spares which results in the Customer recieivng a Product which does not conform to the respective Purchase Order, the Customer must contact IT SPARES within seven (7) days of receipt of the incorrect Product and complete a Return Request. On approval of the Return Request and receipt of the returned incorrect Product by IT SPARES, the correct Product will be posted to the Customer at no extra cost to the Customer. The incorrect Product must be returned to IT SPARES in as new condition in original packaging.
11.3 If the Customer mistakenly orders the incorrect Product from IT SPARES, the Customer must notify IT SPARES within seven (7) days of receipt of the Product and complete a Return Request. If IT SPARES approves the Return Request at its discretion, and receives the incorrectly ordered Product from the Customer, IT SPARES will refund the full price of the Product. The Customer will be responsible for the payment of return postage. The Product/s must be received by IT SPARES in its original condition with original packaging. If the Customer requires a replacement product, the Customer must complete a new Purchase Order identifying the correct Product. The new order Purchase Order will be treated as a separate and original transaction.
12. SPECIAL ORDERS
12.1 Special Orders placed by the Customer are provided with an out of box warranty only. Under no circumstances will IT SPARES accept the return of a Special Order for any reason other than out of box failure. This limited warranty on Special Orders shall expire within seven (7) days from receipt of the Order by the Customer.
13.1 The only terms implied into these Terms and Conditions are those which cannot be lawfully excluded. Where the Agreement involves the supply of Products which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, IT SPARES’ breach of those terms (other than under section 53 of the Competition and Consumer Act 2010) will be limited, at IT SPARES’ option as the case may be, to any one or more of the replacement, repair or payment of the cost of replacement or repair of the Products.
13.2 Subject to clause 13.1 and otherwise to the maximum extent permitted by law, IT SPARES’ liability to the Customer for all loss or damage suffered or incurred by the Customer in connection with the Terms and Conditions, or the Products (including all loss arising from any breach by IT SPARES of the Agreement, IT SPARES’ negligence or any breach of statute) is limited as follows:
(a) IT SPARES will not be liable to the Customer for any indirect or consequential loss (including but not limited to loss or corruption of data or loss of profit).
13.3 The Customer indemnifies IT SPARES and its related bodies corporate and their officers and employees from and against all losses, damages, claims, actions, expenses and other liability arising from the Customer’s non-performance or breach of the Agreement.
13.4 IT SPARES does not represent or warrant that the information accessible via this site is accurate, complete or current. Price and availability information is subject to change without notice.
14. PERSONAL PROPERTY AND SECURITIES ACT
In this Clause:
PPS Law means:
(a) the PPSA and any regulations made under the PPSA, as amended from time to time; and
(i) any amendment made to any other legislation as a consequence of the PPSA or any regulations made under the PPSA, including amendments to the Corporations Act 2001 (Cth);
(ii) PPSA means the Personal Property Securities Act 2009 (Cth).
(b) A term defined in the PPS Law has the same meaning when used in this Clause.
14.2 Registration of Interests
The Customer agrees and acknowledges:
(a) IT SPARES may be entitled to register any relevant interest under this Agreement as a security interest or a purchase money security interest (at IT SPARES’s discretion) on the register established under the PPS Law;
(b) the Customer has provided consideration for that security interest, by delivery of its promises under this Agreement;
(c) IT SPARES may, by Notice to the Customer at any time, require the Customer to take all steps, provide information (including serial numbers) or do any other thing that IT SPARES considers necessary or desirable to:
i. ensure that this Agreement (or any related document) or any security interest arising under it, is enforceable against the Customer or any third party;
ii. protect, perfect, record or better secure, or obtain or preserve the priority of, the security position of IT SPARES under this Agreement (or any related document); or
iii. overcome any defect or adverse effect arising from the PPS Law on IT SPARES’s security position or the rights or obligations of IT SPARES under or in connection with this Agreement or any encumbrance or document contemplated by this Agreement.
(d) the Customer must comply with the requirements of a Notice under this Clause 21.2 within the time stated in the Notice, at the Cost of the Customer;
(e) if IT SPARES is entitled to register a security interest in respect of any collateral under this Agreement and the PPSA entitles a provision to be excluded regarding disclosure of information, then that provision is excluded from this Agreement;
(f) if IT SPARES seizes any collateral, IT SPARES may delay a decision to dispose of or retain any of the collateral seized by IT SPARES for as long as IT SPARES considers reasonable in the circumstances in accordance with Section 125(3)(a) of the PPSA;
(g) the Customer agrees that it will not either redeem the collateral under Section 142 of the PPSA or reinstate the security agreement under Section 143 of the PPSA; and
(h) in addition to any power granted by the Customer in favour of IT SPARES otherwise in this Agreement, the Customer irrevocably appoints IT SPARES and each authorised officer of IT SPARES, as its attorney with the right at any time to:
i. comply with the obligations of the Customer under this Clause and the PPS Law; and
ii. do everything that in the attorney’s reasonable opinion is necessary or expedient to enable the exercise of any right of IT SPARES in relation to this Clause and the PPS Law.
15. EXTERNAL SITES
15.1 The Site may include links to other sites on the Internet that are owned and operated by third party vendors and other third parties (“the external sites”). You agree that IT SPARES is not responsible for the availability of, or the content located on or through, any external site. You should contact the site administrator or webmaster for those external sites if you have any concerns regarding such links or the content located on such external sites.
16.1 All notices or approvals required by or provided in accordance with these Terms and Conditions shall be delivered to the persons nominated in the Contract or Purchase Order as varied from time to time by notice in writing at the address nominated in the Contract or Purchase Order as varied from time to time by written advice of the parties.
16.2 If any new tax or levy is introduced by the Government excluding income tax changes, the resultant variation in cost of providing the Services under the Agreement shall be taken into account by way of an adjustment to rates contained herein by the amount equal to the cost variation resultant from the new tax or levy.
16.3 These Terms and Conditions and the Contract or Purchase Order together represent the entire Agreement between the parties who commit to abide by the terms and conditions contained herein.
16.4 A variation of any term of this Agreement must be in writing and signed by both parties.
16.5 The Agreement will be governed by and construed according to the law of the State of New South Wales and the parties agree to submit to the jurisdiction of the courts and tribunals of the State of New South Wales and courts hearing appeals therein