In the event Buyer's purchase order states terms additional to or different from these Conditions of Sale, then Seller's acknowledgment in accordance with the terms hereof shall be deemed a notification of objection to such additional and/or different terms, or in the event such purchase order expressly limits acceptance to its terms then Seller's acknowledgment in accordance with the terms hereof shall be deemed a rejection of Buyer's offer to purchase, and in either event Seller's acknowledgment shall constitute an offer to sell which may be accepted only in accordance with its terms and without modification, addition or alteration. The failure of Buyer to deliver notification of objection to these Conditions of Sale within a reasonable time shall be deemed in acceptance thereof and a contract shall be formed only upon such Conditions of Sale.
1.B. Seller expressly disclaims all warranties either express or implied, including any implied warranty of merchantability or of fitness for a particular purpose on new products. Seller bears no liability to anyone for incidental or consequential damages arising from loss or damages related to the merchandise. All new merchandise sold "AS IS." Seller makes no warranty as to the performance of any merchandise sold and it is not responsible for system downtime, lost data, etc. This disclaimer by Seller in no way affects the terms of the manufacturer's warranty.
All products come with the full manufacturer's warranty. Please contact the manufacturer to arrange for the warranty handling of all defective products. Seller does not provide any kind of repair services on new merchandise.
1.C. Limits and Exclusions: There are no other express warranties except as listed below. IT Depot SHALL NOT BE LIABLE FOR LOSS OF DATA OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT, OR ARISING OUT OF ANY BREACH OF THIS WARRANTY. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE APPLICABLE WARRANTY PERIOD SET FORTH ABOVE. Some states do not allow the exclusion or limitation of incidental or consequential damages, or limitations on how long and implied warranty lasts, so the above limitations or exclusions may vary from state to state. If a problem with your product develops during or after the warranty period, you may contact our representatives on (02) 9680 7844. If the problem is not handled to your satisfaction, then write to IT Depot at the address indicated below.
1.D. Software Limited Warranty: IT Depot warrants to you only the disk(s) or other media on which the programs are furnished will be free from defects in materials and workmanship under your purchase receipt. This is the only warranty IT Depot makes to you. IT Depot doesn’t not warrant that the functions contained in the Programs will meet requirements or that the operation of the programs will be uninterrupted or error free. IT Depot’s entire liability and your exclusive remedy under this warranty shall be limited to the replacement, in the United States, of any defective disk or other media which is returned to IT Depot's Authorized Service Center, together with copy of the purchase receipt, within the aforesaid warranty period. Anything in the forgoing to the contrary notwithstanding, IT Depot shall have no obligation for any defects in the disk(s) or other media on which the Programs are furnished resulting from your storage thereof, or for defects that have been caused by operation of the disk(s) or other media otherwise than on the product or in environmental conditions (other than those specified by IT Depot) by alteration, accident, misuse, abuse, neglect, mishandling, mis-application, installation, maladjustment of consumer controls, improper maintenance, modification of damage that is attributable to acts of God. In addition, IT Depot shall have no obligation for any defects in the disk(s) or other media if you have modified, or attempted to modify any program. DURATION OF IMPLIED WARRANTIES, IF ANY, IS LIMITED TO THIRTY (30) DAYS. IT DEPOT ASSUMES NO RISK OF AND SHALL NOT IN ANY CASE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR NEGLIGENCE OR ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION LOSS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTED EQUIPMENT, FACILITIES, SERVICES, DOWNTIME COSTS, OR CLAIMS OF ANY PARTY DEALING WITH YOU FOR SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, or limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. The limited warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. This Limited Warranty will be governed by the laws of New South Wales, Australia.
NOTE: With the exception of the specific warranties specified above, Seller makes no warranty of any kind whatsoever, expressed or implied, and all warranties of whatever kind, are hereby disclaimed by Seller and excluded.
If Buyer refuses shipment and/or attempts to cancel or rescind this Agreement without any legal excuse, Seller may opt to recover liquidated damages, consisting of 25% of the total price on Seller’s invoice plus all freight and handling charges. Notwithstanding the foregoing, Seller may refuse the return of Goods and seek its remedies under applicable law. Buyer shall pay all extra routing charges for any re-route shipment incurred by Buyer’s instruction or incorrect shipping information
In no event shall Seller be liable for failure or delay in performance or delivery when such failure or delay results from or in connection with strikes, boycotts or other labour troubles of any kind; Seller's participation at the request or urging of any government or governmental corporation, agency or bureau in any plan, policy or program of general public interest respecting priorities, allocations, limitations or other restraints which affect manufacture or delivery hereunder, or any other cause or occurrence beyond Seller's control, including, but not limited to, riots, insurrections, revolution, wars (declared or undeclared), acts of the public enemy, fires, inclement weather, floods, windstorms, tornadoes, cyclones, tidal waves, lightening, earthquakes, or other acts of God, explosions, sabotage, landslides, embargoes, quarantine restrictions, damage, destruction or breakdowns of any kind of Seller's equipment or facilities necessary for performance hereunder arising from any cause whatsoever, delays or failures of usual sources of supply of materials; any present or future laws, orders, regulations, directives or policies enacted, adopted, instituted or sponsored by any government or governmental corporation, agency or bureau affecting mandatory restrictions, limitations, priorities, allotments, allocations, prorations or substitutions which delay, restrict or prevent performance hereunder; or any other cause or occurrence beyond Seller's control delaying, restricting or preventing Seller's performance hereunder, whether or not like or similar to the causes or occurrence specifically enumerated above.
If it is necessary to return a unit to IT Depot for service, purchaser shall be responsible for freight charges “to” IT Depot repair center listed below. IT Depot will be responsible for freight charges “back” to the purchaser. Normal freight method is ground. To obtain technical support email firstname.lastname@example.org. Correspondence requesting product information should be sent to: IT Depot 28/5 Gladstone Rd, Castle Hill, NSW, 2154