The Customer acknowledges agreement with these Terms and Conditions of Sale by the placement of an order to purchase products from Instant Recall Australia Pty. Ltd. (Instant Recall).
This contract of sale is between the entity named on the invoice (the “Customer”) and Instant Recall.
All goods are supplied on these terms and conditions only and no person in the employment or otherwise as agent for Instant Recall 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.
Return or Exchange of Goods
The Customer has specific legal rights under the Australian Consumer Law in respect of goods and services purchased from Instant Recall Australia (“Consumer Guarantees”). More information in relation to the Consumer Guarantees may be found at http://www.accc.gov.au
In the event that any products or services purchased from Instant Recall do not meet the Consumer Guarantees, Instant Recall will gladly meet its obligations to provide a refund, repair or replacement at its own expense as required by the Australian Consumer Law.
Instant Recall may in its absolute discretion choose to refund, credit, replace or repair goods returned within a reasonable time (generally 14 days) for any reason other than breach of the Consumer Guarantees, provided the goods are in original condition, current version and not a special order, hardware, peripheral or clearance item. In these circumstances, we may 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 Instant Recall, a restocking fee of up to 25% may apply.
Please note that except in the case where a Consumer Guarantee is breached, where the plastic seal or shrink wrap of a software package is broken, the return or exchange cannot be accepted due to copyright and licensing restrictions. In this case we will help the Customer obtain a working copy. Also “special order” goods are goods that are not in stock at the time of an order and therefore especially ordered to meet a client order.
Exchange of computer hardware and peripherals is sometimes not possible due to third party constraints on Instant Recall. In the event of a breach of the Consumer Guarantees, Instant Recall will however gladly provide a refund.
Unless there is a breach of the Consumer Guarantees, the right to refuse the return or exchange of products is at the discretion of Instant Recall and a restocking fee of up to 25% may apply to returned goods
In addition to the Consumer Guarantees, all products sold by Instant Recall are covered by the manufacturers’ warranty that accompanies the product. Instant Recall makes no additional or independent warranty in addition to the Consumer Guarantees or those offered by the manufacturer of a product.
Title of Goods
The goods shall remain the sole and absolute property of Instant Recall 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 Instant Recall in respect of any loss or damage to the goods during such bailment
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 Instant Recall in delivering any part of the goods) on or before the payment date. In addition to any other rights or remedies of Instant Recall in the event of the Customer’s default hereunder, Instant Recall shall be entitled:
- 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 per cent per annum from the due date for payment until payment in full;
- To immediately and without notice retake possession of the goods (and for such purpose the Customer irrevocably licences Instant Recall, 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 Instant Recall as a result of the Customer’s default;
- At the sole discretion of Instant Recall charge a restocking fee of up to 25% of the purchase price.
Errors and Omissions
At Instant Recall, 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 of information; however the documents and graphics published may contain technical inaccuracies or typographical errors. Instant Recall 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, Instant Recall shall maintain the right to refuse or cancel any orders placed. If the order has been confirmed and charged to your credit card, Instant Recall shall immediately issue a refund.
Limitation of Liability
Instant Recall shall under no circumstances, except where the consumer guarantees apply, 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.
All Sales Made in Victoria
All sales shall be deemed made in the state of Victoria, Australia, regardless of the location of the Customer. The Customer agrees that any dispute with Instant Recall shall be governed by the Victorian law and the Customer irrevocably submits to the exclusive jurisdiction of Victorian courts and courts hearing appeals from those courts.
Backorder Cancellation Policy
If you would like to cancel a backorder simply phone 03 98442600.
To the extent 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 as far as practicable be read down or stricken from the Terms and Conditions of Sale, so that the remaining terms can continue in full force and effect
Changes to Terms and Conditions
Instant Recall may add to, delete or otherwise change these terms and conditions without notice. It is the responsibility of the customer to read and understand these terms and conditions each time an order is placed.