Terms And Conditions Of Sales And Services
These Terms and Conditions and any document(s) referred to in them constitute the entire agreement about Kestrel Computers 's supply of the Products and Services to the Customer and supersedes all prior understandings, arrangements, representations and agreements.
In these Terms and Conditions:
"Customer" means the person, business, company or other legal entity that is the purchaser of the Products and Services;
· Kestrel Computers may reject any order placed by the Customer if there is an insufficient supply of Products which prevents Kestrel Computers from being able to fulfil such order.
· Kestrel Computers will not be bound by any terms and conditions attaching to the Customer's order and, unless those terms and conditions are expressly agreed in writing by an authorised representative of Kestrel Computers , the Customer agrees that those terms and conditions are excluded.
The delivery times made known to the Customer are estimates only and Kestrel Computers will not be liable for late delivery or non-delivery. Under no circumstances will Kestrel Computers be liable for any loss, damage or delay suffered or incurred by the Customer or its customers arising from late or non-delivery of the Products.
4. Inspection and acceptance of products
The Customer must inspect all Products upon pickup from Kestrel Computers or delivery to the Customer's premises. Unless the Customer notifies Kestrel Computers of any matter by which the Customer alleges that the Products are not in accordance with the Customer's order on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the Price of the Products whilst any claim is being investigated by Kestrel Computers .
5. Title and risk
· Products supplied by Kestrel Computers to the Customer will be at the Customer's risk immediately upon delivery of the Products to a recognised carrier for transport to the Customer or into the Customer's custody and control (whichever is the sooner).
· Title in the Products supplied by Kestrel Computers to the Customer will not pass to the Customer until those Products and any other products supplied by Kestrel Computers to the Customer have been paid for in full.
· If the Customer has breached these Terms and Conditions (including any payment obligations) or the terms of any relevant Sales Contract, the Customer authorises Kestrel Computers , at any time, to enter onto any premises upon which Kestrel Computers 's Products are stored to enable Kestrel Computers to reclaim the Products.
6. Return policy and limited Warranty against defects
· Every third party product you buy from Kestrel Computers is backed first by the product manufacturer's warranty. Kestrel Computers 's 7 day limited warranty against defects, may also apply. Kestrel Computers 's 7 day limited warranty is a defective exchange policy that provides for either repair or replacement (at our sole discretion) of merchandise that has been confirmed as defective by either the manufacturer or Kestrel Computers . Due to licensing and copyright laws, we do not accept returns on software once a package has been opened. Defective software will be exchanged for the same title only according to Kestrel Computers 's limited 14 day warranty described above. Hardware confirmed as defective by the product manufacturer or Kestrel Computers will either be exchanged or repaired at our sole discretion within the first 7 days of ownership only. After 7 days the product manufacturer warranty is the only warranty in effect. Terms and conditions may vary by product or manufacturer. Kestrel Computers will assist customers whenever possible in gaining satisfaction with product manufacturers. For assistance or to exchange a defective product Click Here. Products returned for exchange must be in new condition, original packaging and include all disks, registration cards, packing materials and other accessories and be received within 7 days of the invoice date. We reserve the right to refuse for return or charge a restocking fee for damaged or incomplete returns. No returns will be accepted without an RA number issued by Kestrel Computers .
· If the Customer has chosen any Service Offering or the Products purchased by Customer are sold bundled with a Service Offering in addition to the Standard Warranty, such Service Offering will be listed on Customer's invoice, and the provisions of that Service Offering shall apply in addition to the Standard Warranty.If the Service Offering is provided by independent third-party service provider, such third party Service Offering will be listed on Customer's invoice, and Kestrel Computers will be not responsible or liable for such third party Service Offering.
· All software provided under these Terms and Conditions are furnished subject to the terms and conditions of the license agreement relating to that software. Software license agreements may be packaged with the software, may be separately provided to Customer for signature or may require on-screen acceptance .Customer acknowledges its obligations to abide by such license agreements. Customer acknowledges that Kestrel Computers does not warrant any software under these Terms and Conditions. All software is warranted in accordance with the license agreement that governs its use.
· Returns will be subject to Kestrel Computers 's returns policy as advised to the Customer and amended by Kestrel Computers from time to time, Each claim for the return of Products by the Customer will be dealt with in accordance with the Returns Policy. Any substitute Products to be shipped to the Customer in accordance with the Returns Policy will be sent by Kestrel Computers to the Customer by ordinary freight pre-paid. If the Customer requests that the Products be sent by means other than ordinary freight, the extra cost of such accelerated or special freight must be paid by the Customer.
· Kestrel Computers 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 unauthorized repair of Kestrel Computers 's Products.
· The provisions of this clause 6 do not extend to any Products which have been added to, modified, varied or changed by any person or party other than Kestrel Computers .
7. Loss or damage in transit
· Kestrel Computers is not responsible for any loss or damage to Products in transit.
8. Customer's cancellation
· Unless otherwise agreed in writing, the Customer will not have the right to cancel an order which has been accepted by Kestrel Computers.
· If a Customer's right of cancellation is agreed to by the parties in writing, the right must be exercised by notice in writing from the Customer to Kestrel Computers not later than 7 days before the estimated date of shipment by the manufacturer or Kestrel Computers (as the case may be).
· Unless otherwise agreed between the Customer and Kestrel Computers , upon cancellation prior to shipment, any deposit paid by the Customer will be forfeited to Kestrel Computers .
9. Pre-sales advice and Technical Support
· Kestrel Computers do not give pre-sales advice or technical support. Customer should check directly with the manufacturer in question before going ahead and placing their order.
· The Customer shall utilise the technical support provideed by a relevant manufacturer's website or support call center for help and in any event not look to Kestrel Computers for third party product's technical support.
To the extent permitted by law, Kestrel Computers will not be liable to the Customer 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 Customer, whether such liability arises directly or indirectly as a result of:
· any negligent act or omission or wilful misconduct of Kestrel Computers or its employees or agents;
· the supply, performance or use of any Products or Services; or
· any breach by Kestrel Computers of its obligations under these Terms and Conditions or any relevant Sales Contract.
· Kestrel Computers may amend these Terms and Conditions at any time, by giving the Customer notice by mail, e-mail or by posting a notice on Kestrel Computers 's public web site. By continuing to place orders for Products and Services after these Terms and Conditions are amended, the Customer will be deemed to have accepted the revised Terms and Conditions.
· 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.
· The Customer may not assign or attempt to assign any of its rights and obligations under these Terms and Conditions. Kestrel Computers may assign its rights and obligations under these Terms Conditions to any person.
· These Terms and Conditions are governed by the laws of the State of New South Wales. The Customer submits to the non-exclusive jurisdiction of the courts of that State. Unless otherwise specified, the Terms and Conditions set out herein are additional to all other conditions, warranties, guarantees, rights and remedies expressed or implied by the Trade Practices Act.