IT Estate

Terms&Conditions

TERMS AND CONDITIONS: 

All transactions between IT Estate; 

And any Customer relating to any “Products” are subject to the following Terms & Conditions of Trade (“these terms”) unless otherwise agreed in writing.

1.	Retention of Title:
i.	Property in Products shall not pass until payment in full of all monies owed on any basis by the Customer to IT Estate (“full payment”).
ii.	IT Estate reserves the right to take possession & dispose of Products at any time until full payment & the Customer grants permission to IT Estate to enter any property where any Product is in order to do so, with such force as necessary.
iii.	Upon Sale or disposition of any Products prior to full payment, the Customer agrees to deposit all proceeds in separate bank account, agrees not to mix proceeds with any other monies & agrees to hold all proceeds in trust for IT Estate and forthwith pay the proceeds to IT Estate even if IT Estate may have granted any credit facility &/or time to pay.
iv.	Until payment in full the Customer agrees (i) to keep all Products as fiduciary for IT Estate & store them in a manner which shows IT Estate as owner (ii) only to sell Products in the usual course of business (iii) Sale on terms, at cost or for less than cost shall not be “in the usual course”.
v.	A certificate purporting to be signed by an officer of IT Estate, identifying Products shall be conclusive evidence of IT Estate’s title thereto.

2.	Limitation of Liability:
i.	The customer agrees to limit any claim on IT Estate to the cost of re-supply of equivalent Products.
ii.	The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on the Customer in relation to the supply of the Products which cannot be excluded, restricted or modified. IT Estate does not exclude such non-excludable rights but does exclude all other conditions and warranties implied by custom, law or statute.
iii.	IT Estate shall not be liable for any claim loss or expense arising which is made after 1 days from date of delivery (or at all once Products have been unpacked, on-sold or otherwise used or applied) after which there shall be deemed to have been unqualified acceptance.
iv.	The Customer must notify IT Estate immediately of any claim arising from supply of the Products and must make the Products subject of the claim available for inspection by IT Estate.
v.	IT Estate will not be liable for any contingent consequential direct indirect special or punitive damage arising limit of liability and agrees to limit any claim accordingly.
vi.	No other term, condition, agreement, warranty, representation or understanding whether express or implied other than these Terms, is made or given.

3.	Exclusions:
i.	No dealing between IT Estate & the Customer shall be or be deemed to be a sale by sample.
ii.	If IT Estate publishes material concerning its business or prices, anything so published which is incompatible with these Terms is excluded.
iii.	The Customer will rely on its own knowledge & expertise in selecting any Product for any purpose.
iv.	Any advice or assistance given for or on behalf of IT Estate shall be accepted at the Customer’s risk in all things & shall not be or be deemed to be given as expert or adviser nor to have been relied upon by the Customer or anyone claiming through the Customer.

4.	Placement of Orders:
i.	All orders are subject to acceptance by IT Estate.
ii.	All orders are subject to the payment terms of IT Estate.
iii.	Each order placed shall be & be deemed a representation made by the Customer at the time, that it is solvent & able to pay all of its debts as & when the fall due.
iv.	When an order is placed, the Customer shall inform IT Estate of any material facts which would or might reasonably influence any decision by or on behalf of IT Estate to accept the order and/or grant credit in relation to it.

5.	Purchase Price: 
i.	All sales are made by IT Estate at its ruling price at time of delivery.
ii.	Quoted prices are subject to variation without notice.
iii.	Government imposts, GST etc (“imposts”) will be paid by the Customer
iv.	Any IT Estate pricelist, estimate or quote excludes imposts unless expressly noted thereon.

6.         Payment Methods
i.       	Credit Card
At the time your order is placed, IT Estate obtains a pre-approval from the credit card company for the amount of the order. There is 3% surcharge on all credit card purchased. IT Estate currently accepts Visa, MasterCard and American Express in store. We will email or post your invoice to you at the billing address indicated on your Order Confirmation when we ship your Products to you. Your invoice will be your proof of purchase. 

       	PLEASE NOTE: 
        	1. We are unable to accept credit cards issued by banks outside of Australia. 
2. You may be required to provide further identification for additional security reference checks. 

ii.       	Cheques 
IT Estate accepts Personal and Company Cheques as valid forms of payment. However, we can only release the goods when the cheque is cleared from the bank. The cheque must be payable to IT Estate, and include your web order number and/or a copy of your order. 

iii.     	Direct Deposit
IT Estate accepts Direct deposits as a valid form of payment. If you would like to use a Direct Deposit to pay for your order, please follow these steps:

1. Contact us on 02 9630 9630 to place an order by phone, or simply place the order online.

2. Obtain the final dollar total of your order including GST.

3. Have your bank electronically transfer the total dollar amount of your order referencing your name and web order number to: 


IT Estate

NAB
BSB#: 082 186
Account #: 589 689 452
Reference your Web Order Number

Processing time varies among banking institutions and can be delayed. Please allow at least 1 business day for the processing of your Direct Deposit.


iv       	Cash & Eftpos
When picking up orders at IT Estate store, customers can pay cash or Eftpos (savings and cheque account) on the spot. For delivery orders, customers need to pay in advanced; we do not accept Cash on Delivery (COD).

7.	Ability to Supply: 
i.	The supply or delivery of the Products is subject to availability of stock at the date of order.
ii.	The Customer agrees that IT Estate will not be liable for any delay in delivery, supply or availability of any Products & IT Estate may allocate Products to Customers at its unfettered discretion: eg: if demand exceeds available supply.

8.	Delivery: 
	The Customer acknowledges & agrees:
i.	IT Estate accepts no responsibility for delivery but may elect to arrange delivery at its discretion without any liability & at the Customer’s costs & responsibility in all things 
ii.	The Customer shall be liable for all transport, delivery, storage and warehousing costs or expenses with respect to the products.
iii.	IT Estate may elect to charge for any delivery.
iv.	A certificate purporting to be signed by an officer of IT Estate confirming delivery shall be conclusive evidence of delivery as shall any signed delivery docket.
v.	IT Estate may delay, cancel or suspend any delivery for any period or cancel any part of any agreement for sale without liability to anyone.

9.	Severability:
i.	If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

10.	Entire Agreement:
i.	These Terms embody the entire agreement between the Customer and IT Estate and supersede all prior and contemporaneous agreements, arrangements or understandings between the parties with respect to the supply of the Products.

11.	Interest on Overdue Accounts:
i.	Interest will be charged on overdue accounts at the rate of 10% per annum.

12.	Recovery Costs: 
i.	The Customer will pay all the costs & expenses (on a full indemnity basis) incurred by IT Estate or its legal advisers, mercantile agents &/or other parties acting on IT Estate’s behalf in respect of anything instituted or being considered against the Customer whether for debt, loss, damages, possession  of any Products or otherwise.



13.	Default:
i.	Upon any default or breach by the Customer of these Terms or of any other dealing or arrangement with IT Estate (“Default”) IT Estate may at its discretion, retain all monies paid, call-up any monies unpaid, cease further deliveries, recover from the Customer all loss of profits arising &/or take immediate possession of any Product held by the Customer, without prejudice to any other rights & without being liable to any party.
ii.	The Customer agrees not to commence or continue or permit to be commenced or continued through it any suit or action against IT Estate whilst the customer is in Default.

14.	Jurisdiction: 
i.	All contracts & dealings with IT Estate shall be deemed to be made in the State/Territory nominated by IT Estate & the Customer agrees to submit to the jurisdiction of the appropriate Courts in the State of New South Wales, Australia.

15.	Credit Limit: 
i.	If IT Estate grants to the Customer any credit facility or nominates any credit limit, this is an indication only of its intention at the time. IT Estate can vary or withdraw any credit facility at its unfettered discretion, without liability to the Customer or any other party.

16.	Waiver: 
i.	If IT Estate elects not to exercise any rights as a result of any Default, it shall not be or be deemed to be a waiver of any rights relating to any subsequent or other breach.

17.	Notice: 
i.	The Customer will be deemed to have notice of any change to these Terms immediately they are adopted by IT Estate whether or not the Customer has actual notice. The Customer shall be bound by any terms & conditions adopted by IT Estate immediately they are so adopted, despite any other purported, pre-existing or conflicting terms or conditions.

18.	Indemnity:
i.	The Customer indemnifies IT Estate against any claim or loss from or related to any dealing with IT Estate or anything arising there from, including any liability arising under the Trade Practices Act any other law or as a result of any Default or otherwise
ii.	Nothing in these Terms will derogate from IT Estate’s right to sue the Customer for any monies owed, for any damage, loss liability or any other cause of action.

19.	Partial Delivery/Forward Orders: 
i.	The Customer agrees that if any forward order is placed:
ii.	To pay for so much of any order as is from time to time invoiced by IT Estate.
iii.	No delay or failure to fulfil any part of any order or any alleged delay in or incomplete delivery shall entitle the Customer to cancel or vary any order or delay or reduce any payment.

20.	Force Majeure: 
i.	IT Estate will not be in default or in breach of any dealing with the Customer as a result of Force Majeure. Force Majeure means any thing or event beyond the reasonable control of IT Estate & includes any strike or lock-out.

21.	Care of Products:
i.	IT Estate disclaims any responsibility or liability relating to any Products utilized, stored, handled or cleaned incorrectly or inappropriately.
ii.	Customers must familiarize themselves with any published information about care of Products and must establish that they have observe such published information before making any claims for returns.
iii.	IT Estate shall not be liable for any claim, loss or expense on any basis, which may be sustained or incurred by any person by reason of any alleged variation between Products delivered & Products ordered.

22.	Returns:
i.	IT Estate will accept returns of Products for credit which are accepted by it in writing as faulty due to workmanship, faulty materials or negligence by IT Estate provided IT Estate is notified in writing within 7 days of delivery.
ii.	Credit will be for the full invoice value less any costs of return.
iii.	Products sold as other than first quality (eg: seconds and run-out stock) may not be returned.
iv.	Customer is not entitled to a refund when customer:
(a)	change mind about a product. This includes when a consumer has found a cheaper product elsewhere, has bought a gift that is unsuitable, or their circumstances have changed and they no longer require the goods 
(b)	knew, or should have known about a fault when the goods were bought, for example as seconds. However, if a second has a fault that the consumer was not aware of, or could not have discovered upon a reasonable inspection when the item was bought, their rights are not affected.
(c)	is responsible for damaging the goods by not following the instructions, or misusing the product.
(d)	are unable to prove from whom and when the item was purchased. However, traders should not refuse a refund solely because there is no receipt, if they are satisfied that the goods were purchased from their store

Warranty:
i) IT Estate reserve the right to charge minimum of $25 for each item with no fault found or supplier charge repair or replacement fee. 

ii) Please do not send the manual, cable, disk or other accessories unless we ask you to send.  We are not responsible for them. 
iii)Dead On Arrival (DOA) is within 7 days of purchase from invoice and no physical damage.  After 7 days customer need to wait for repair or replacement, it normally takes 3-4 weeks to process. 
iv)For credit return, items need to be un-open and within 7 days of purchase from invoice.  After that we reserve the right to charge 15% re-stocking fee based on the market value.    
All IT Estate products are under manufactory’s warranty policy.

23.	Website: 
i.	Customers are advised that the IT Estate website is the preferred method of ordering.
I Agree with Terms & Conditions