There will be no credit given on order price difference, due to price drops. Please select carefully at the time when you place your order. Returns for credit will only be accepted within 7 days of you receiving the goods. A restocking fee of 20% of the purchase price will be deducted plus shipping, depending on the item. Returned goods must be in its original condition and include all the original packaging. Anything which is not sealed must be replaced at the customers expense. This return for refund policy is not applicable for change of mind, and is at the discretion of Electronic Recycling Australia. NOTE: Custom cables are non-returnable – please select carefully. Orders that have reached the “Complete” stage that are no longer required will incur a FLAT $25.00 processing fee. Shipping and handling costs are not refundable. Any incorrect, missing or damaged items received must be reported to Electronic Recycling Australia within 24 hours of you receiving the delivery. If item(s) received is not what was ordered please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be acceptance by the customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.
Defects and Returns:
(1) The Buyer shall inspect the Goods on delivery and shall within three (3) days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Buyer believes the Goods are defective in any way. If the Buyer shall fail to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
(2) For defective Goods, which the Seller has agreed in writing that the Buyer is entitled to reject, the Seller’s liability is limited to either (at the Seller’s discretion) replacing the Goods or repairing the Goods provided that:
· The Buyer has complied with the above provisions;
· The Goods are returned at the Buyer’s cost within fourteen (14) days of the delivery date;
· The Seller will not be liable for Goods which have not been stored or used in a proper manner;
· The Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonable possible in the circumstances.
(3) The Seller may (in its discretion) accept the Goods for credit but this may incur a handling fee of 20% of the value of the returned Goods plus any freight.
Repairs and Refurbishment:
(1) The repair of your goods may result in the loss of any user-generated data. The Buyer must insure that they have made a copy of any data saved on their goods.
(2) A back-up drive image may be kept by the Seller for up to fourteen (14) days. However if information is required to be retrieved by the Seller, a service fee applies.
(3) Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
(1) Subject to the conditions of warranty the Seller warrants that if any hardware defect in any workmanship manufactured by the Seller becomes apparent and is reported to the Seller within the period stated on the invoice (time being of the essence) then the Seller will either (at the Seller’s sole discretion) repair the defect or replace the workmanship.
(2) The conditions applicable to the warranty given are:
· The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
a. Failure on the part of the Buyer to properly maintain any Goods; or
b. Failure on the part of the Buyer to follow any instructions or guidelines provided by the Seller; or
c. Any use of any Goods otherwise than for any application specified on a quote or order form; or
d. The continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
e. Fair wear and tear, any accident or act of God.
· The warranty shall cease and the Seller shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Seller’s consent.
a. The Goods are returned to the Seller at the Buyer’s cost.
b. Laptop batteries are considered a consumable and are therefore not covered under warranty. The Seller will not supply a battery that does not hold a charge.
· No warranty is given for;
a. Software configurations relating to drivers and operating systems
b.Virus infections
c. Power surges
d.Physical damage
e. Bios passwords
(3) In respect of all claims the Seller shall not be liable to compensate the Buyer for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Buyer’s claim.
(4) For Goods not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall be under no liability whatsoever, except for the express conditions as detailed and stipulated in the manufacturer’s warranty.
The Commonwealth Trade Practices Act 1974 and Fair Trading Acts:
(1) Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act 1974 or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
Intellectual Property
(1) Where the Seller has designed or drawn Goods for the Buyer, then the copyright in those designs and drawings shall remain vested in the Seller, and shall only be used by the Buyer at the Seller’s discretion.
(2) Conversely, in such a situation, where the Buyer has supplied drawings, the
(3) Seller in its sale conditions may look for an indemnity (the specifications and design of the Goods (including the copyright, design right or other intellectual property in them) shall as between the parties be the property of the Seller).
(4) Where any designs or specifications have been supplied by the Buyer for manufacture, by or to the order of the Seller then the Buyer warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party.
(5) The Buyer warrants that all designs or instructions to the Seller will not cause the Seller to infringe any patent, registered design or trademark in the execution of the Buyer’s order.
Definitions:
(1) “Seller” shall mean SA Group Enterprises Incorporated (trading as Electronic Recycling Australia), it’s successors and allocations.
(2) “Buyer” shall mean the Buyer or any person acting on behalf of and with the authority of the Buyer.
(3) “Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Buyer on a principal debtor basis.
(4) “Goods” shall mean Goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined).
(5) “Services” shall mean all services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
(6) “Price” shall mean the cost of the Goods as agreed between the Seller and the Buyer subject to the “Price and Payment” clause of this contract.
(7) “Goods” are as described on the invoices, quotation, work authorisation or any other work commencement forms as provided by the Seller to the Buyer.
Acceptance:
(1) Any instructions received by the Seller from the Buyer for the supply of Goods and/or the Buyer’s acceptance of Goods supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.
(2) Where more than one Buyer has entered into this agreement, the Buyer’s shall be jointly and severally liable for all payments of the Price.
(3) Upon acceptance of these terms and conditions by the Buyer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Seller.
(4) None of the Seller’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing nor is the Seller bound by any such unauthorised statements.
(5) The Buyer undertakes to give the Seller not less than fourteen (14) days prior written notice of any proposed change in the Buyer’s name and/or any other change in the Buyer’s details (including but not limited to, changes in the Buyer’s address, phone numbers, facsimile number, or business practice).
Price and Payment:
(1) At the Seller’s sole discretion the Price shall be either;
- As indicated on invoices provided by the Seller to the Buyer in respect of
- Goods supplied; or
- The Seller’s quoted Price which shall be binding upon the Seller provided that the Buyer shall accept in writing the Seller’s quotation within seven (7) days.
(2) Verbal Quotes are subject to change and have no validity until Buyer receives quote in writing.
(3) The Seller’s quoted Price/s are valid for fourteen (14) days after the acceptance of the quote in writing by the buyer and Prices are subject to change thereafter.
(4) Quotes provided by the Seller are given on condition of the accuracy of the information provided by the Buyer. Quotes are subject to change if discrepancies are found on delivery/pick-up.
(5) Time for payment for the Goods shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated then payment shall be on delivery of the Goods.
(6) The Seller may withhold delivery of the Goods until the Buyer has paid for them, in which event payment shall be made before the delivery date.
(7) Payment will be made by cash on delivery or by cheque (with prior approval), or by bank cheque, or by credit card, or by direct credit, or by any other method as agreed to between the Buyer and the Seller.
(8) The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such tax is expressly included in any quotation given by the Seller.
Default on Payments & Consequences of Default:
(1) Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.00% compounding per calendar month and shall accrue at such a rate after as well as before any judgement.
(2) If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against the entire Seller’s costs and disbursements including on a solicitor and own client basis and in addition all of the Seller’s nominees costs of collection.
(3) Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller exercised its rights under this clause.
(4) If any account remains unpaid at the end of the second month after supply of the Goods or Services an immediate amount of the greater of $15.00 or 8.00% of the amount overdue shall be levied for administration fees which sum shall become immediately due and payable.
(5) In the event that:
· Any money payable to the Seller becomes overdue, or in the Seller’s opinion the Buyer will be unable to meet its payments as they fall due; or
· The Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
· A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Seller’s other remedies at law the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies; and
· All amounts owing to the Seller shall, whether or not due for payment, immediately become payable in addition to the interest payable under clause “Defaults of Payment”.
Title
(1) It is the intention of the seller and agreed by the Buyer that property in the Goods shall not pass until:
· The Buyer has paid all amounts owing for the particular Goods, and
· The Buyer has met all other obligations due by the Buyer to the Seller in respect of all contracts between the Seller and the Buyer, and that the Goods shall be kept separate until the Seller shall have received payment and all other obligations of the Buyer are met.
(2) It is further agreed that:
· Until such time as ownership of the Goods shall pass from the Seller to the Buyer the Seller may give notice in writing to the Buyer to return the Goods or any of them to the Seller. Upon such notice the rights of the Buyer to obtain ownership or any other interest in the Goods shall cease.
· If the Buyer fails to return the Goods to the Seller then the Seller or the Seller’s agent may enter upon and into land and premises owned, occupied or used by the Buyer, or any premises as the invitee of the Buyer, where the Goods are situated and take possession of the Goods, without being responsible for any damage thereby caused.
· The Buyer is only a bailee of the Goods and until such time as the Seller has received payment in full for the Goods then the Buyer shall hold any proceeds from the sale or disposal of the Goods on trust for the Seller.
· The Buyer shall not deal with the money of the Seller in any way which may be adverse to the Seller.
· Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Seller’s ownership of rights in respect of the Goods shall continue.
· The Buyer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Seller.
· The Seller may require payment of the Price or the balance of the Price due together with any other amounts due from the Buyer to the Seller arising out of these terms and conditions, and the Seller may take any lawful steps to require payment of the amounts due and the Price.
· The Seller can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Buyer.
· Until such time the Buyer has the Seller’s authority to convert the goods into other products and if the goods are so converted, the parties agree that the Seller will be the owner of the end products.
Risk:
(1) If the Seller retains property in the Goods nonetheless, all risk for the Goods passes to the Buyer on delivery.
(2) If any of the Goods are damaged or destroyed prior to property in them passing to the Buyer, the Seller is entitled, without prejudice to any of its other rights or remedies under these Terms and Conditions of Trade (including the right to receive payment of the balance of the Price for the Goods), to receive all insurance proceeds payable for the Goods. This applies whether or not the Price has become payable under the Contract. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.
Buyers Disclaimer:
(1) The Buyer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him by any servant or agent of the Seller and the Buyer acknowledges that he buys the Goods relying solely upon his own skill and judgement and that the
(2) Seller shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Manufacturer which warranty shall be personal to the Buyer and shall not be transferable to any subsequent Buyer.
Unpaid Seller’s Rights to Dispose of Goods:
(1) In the event that:
- The Seller retains possession or control of the Goods; and
- Payment of the Price is due to the Seller; and
- The Seller has made demand in writing of the Buyer for payment of the
(2) Price in terms of this contract; and
- The Seller has not received the Price of the Goods, then, whether the property in the Goods has passed to the Buyer or has remained with the Seller, the Seller may dispose of the Goods and may claim from the Buyer the loss to the Seller on such disposal.
Lien & Stoppage in Transit:
(1) Where the Seller has not received or been tendered the whole of the price, or the payment has been dishonoured, the Seller shall have:
· A lien on the goods;
· The right to retain them for the price while the Seller is in possession of them;
· A right of stopping the goods in transit whether or not delivery has been made or ownership has passed; and
· A right of resale,
· The foregoing right of disposal, provided that the lien of the Seller shall continue despite the commencement of proceedings or judgement for the price having been obtained.
Cancellation:
(1) The Seller may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.
