1) Customer Acknowledgement.
The Customer acknowledges agreement with these Terms and Conditions of Sale by
the placement of an order to purchase product from Pro Sales (NSW) Pty Ltd.
Pro Sales (NSW) is the trading name of Pro Sales (NSW) Pty Ltd. This contract of sale is between the entity named on the invoice (the “Customer”) and Pro Sales (NSW) Pty Ltd.
All goods are supplied on these terms and conditions only and no person in the employment or otherwise as agent for Pro Sales (NSW) has any authority to supply goods on any other terms and conditions or to vary these terms and conditions in any way whatsoever. Previous dealings shall not vary or negate these terms and conditions in any respect.
2) Return or Exchange of Goods.
Pro Sales (NSW) will gladly refund or credit goods returned within a reasonable
time (generally 7 days) provided the goods are in original condition, original
packaging, current version and not a special order, hardware, peripheral or
clearance item. Otherwise, we will make our best effort to arrange exchange
with the manufacturer or accept the goods back for resale. In this case, if the
return is authorised by Pro Sales (NSW), a restocking fee of up to 20% may
apply.
Please note that where the plastic seal of a software package is broken the return or exchange cannot be accepted due to copyright and licensing restrictions unless faulty nor defective. In this case we will not help the Customer obtain a working copy.
Return or exchange of computer hardware and peripherals is sometimes not possible due to third party constraints on Pro Sales (NSW) (unless faulty). Unless agreed otherwise prior to purchasing, all sales shall be considered firm sales.
3) Warranty Information.
All products sold by Pro Sales (NSW) are covered by the manufacturers’ warranty
that accompanies the product unless otherwise stated. Pro Sales (NSW) makes no
additional or independent warranty. Pro Sales (NSW) does not warrant the
performance, compatibility, integrity, merchantability and fitness for a
particular purpose of any product, but merely passes through to the Customer
whatever end-user warranty the manufacturers or software publishers provide
with their respective products.
Please Note: Due to restrictions placed upon us by the manufacturers, hardware that is defective on arrival can generally be exchanged if we are notified within 7 days of invoice. Otherwise, the manufacturer’s warranty process must be followed.
4) Delivery of Goods.
We place great importance on the fast and reliable delivery of Customers
orders, however please note that delivery times are estimates only and Pro
Sales (NSW) shall not be liable for delays.
If the Customer fails or refuses to take delivery of the goods, then in addition to all other rights and remedies of Pro Sales (NSW), the Customer shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by Pro Sales (NSW) as a result thereof and Pro Sales (NSW), at its discretion may charge a restocking fee of up to 25% of the purchase price.
The goods shall be at the Customers risk at the point of delivery. The Customer, upon taking delivery of the goods, shall immediately examine the goods and give written notice to Pro Sales (NSW) of any defect within five (5) days of such date, failing which the goods shall be deemed to have been delivered in good order and condition and accepted by the Customer.
5) Title of Goods.
The goods shall remain the sole and absolute property of Pro Sales (NSW) as
legal and equitable owner and the Customer shall hold such goods as bailee only until such time as the Customer shall have paid
the full price. The Customer shall be liable to Pro Sales (NSW) in respect of
any loss or damage to the goods during such bailment.
6) Payment.
The price shall be paid by the Customer in full without any deduction in
respect of any claimed set-off or counterclaim (including any such set-off or
counterclaim on account of any delay on the part of Pro Sales (NSW) in
delivering any part of the goods) on or before the payment date.
In addition to any other rights or remedies of Pro Sales (NSW) in the event of the Customer’s default hereunder, Pro Sales (NSW) shall be entitled:
a) To charge and recover costs incurred for the collection of payment (such
as but not limited to collection agency fees and legal costs), cheque dishonour
fees, interest at the current bank overdraft rate plus two percent per annum
from the due date for payment until payment in full;
b) To immediately and without notice retake possession of the goods (and for
such purpose the Customer irrevocably licenses Pro Sales (NSW), its employees,
contractors, servants or agents to enter upon the premises at which the goods
are located to so retake possession) and resell the goods after seven (7) days written
notice to the Customer and thereafter recover from the Customer any amount by
which the resale price is less than the price agreed to be paid by the
Customer, together with all costs and expenses suffered or incurred by Pro
Sales (NSW) as a result of the Customer’s default;
c) At the sole discretion of Pro Sales (NSW) charge a restocking fee of up to
25% of the purchase price.
7) Errors and Omissions.
At Pro Sales (NSW), we work hard to offer you the most competitive pricing and
accurate product information. Because of the dynamic nature of this industry
(e.g. vendor price changes and other variables beyond our control), prices,
promotions, versions and availability advertised are subject to change without
prior notice. Please be assured of our every effort to ensure the accuracy;
however the documents and graphics published may contain technical inaccuracies
or typographical errors. Pro Sales (NSW) makes no representations about the
suitability of this information; it is provided “as is” without warranty of any
kind. If an error is made or a product is listed at an incorrect price, Pro
Sales (NSW) shall maintain the right to refuse or cancel any orders placed. If
the order has been confirmed and charged to your credit card, Pro Sales (NSW)
shall immediately issue a refund.
8) Limitation of Liability.
Pro Sales (NSW), shall under no circumstances be liable for special,
incidental, or consequential damages including loss of profit or opportunity,
even if it has been advised of the possibility of such damages: the maximum
liability for all direct damages, if any, arising out of any action shall be
limited to an amount not to exceed the purchase price of the product.
Subject to any applicable Commonwealth or State Legislation, Pro Sales
(NSW)’s liability for any such breach shall be limited, at its sole discretion,
to any of the following:
a) Replacement of the goods or any part thereof;
b) Supply of equivalent goods or any part thereof;
c) Repair of the goods or any part thereof;
d) Payment of the cost of replacing the goods or acquiring equivalent goods or
any part thereof;
e) The payment of the cost of having the goods or any part thereof repaired; or
f) Refund of the goods upon return.
9) All Sales Made in
All sales shall be deemed made in the state of
10) General.
Pro Sales (NSW) warrants that it has good title to all products it sells.
In the event any section or portion of a section of these Terms and Conditions of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms and Conditions of Sale, and the remaining terms shall continue in full force and effect.