Terms and conditions
Terms and conditions
TERMS AND CONDITIONS
These terms and conditions will apply to all Goods and Services sold, supplied or performed by Zylax Computers to you and your use of such Goods and Services where Zylax Computers accepts an offer from you to supply such Goods and Services based on a written; Zylax Computers quotation document or Zylax Computers proposal document, or Zylax Website purchase except where Zylax Computers and you have entered into an Individual Contract.
You acknowledge that, unless expressly agreed to by Zylax Computers in writing, the terms and conditions included on a document issued by you (such as a purchase order, confirmation, receipt (including the terms on any pre-printed purchase order form, or your standard retainer document) will not apply to the sale or supply of Goods and Services by Zylax Computers to you or otherwise vary these terms and conditions.
You agree to perform your own specific obligations and responsibilities including doing your own diligence prior to making any purchase or agreeing to services terms. Zylax will make every effort to ensure all information provided is correct and will act reasonably and in good faith to assist you in a timely manner.
We do not ship outside Australia. All orders are subject to acceptance by Zylax Computer. Zylax Computers may vary prices for received orders in the event of price changes or mistakes made by suppliers. The goods supplied on our online website are a result of a direct feed from suppliers and in the event of obsolete or discontinued items we will inform you and refund the money. Any cancellations attempted after the despatching will result in the customer having to pay the return shipping and handling charges along with a 10% restocking fee. Cancellations for assembled system and special orders will incur a 15% cancellation fee. All prices are online prices only and shop prices will carry an extra charge of 5% on top of our online prices.
Estimated Delivery Dates are based on information available to us from suppliers and are subject to change at any time, without prior notice. We are not responsible for delays in delivery caused by a supplier or for other reasons beyond our reasonable control.
Shipping for online orders will be calculated automatically once you add the item to cart. To check shipping costs please click on the “Estimated Shipping” area at the bottom of the “View Cart” section. Customers are liable for paying any freight charges incurred by refused shipment and unclaimed goods. Any deliveries not accepted or any attempted redlivery of the goods will be charged again at the same rate as on the intial order, that includes customer not being at the premises to accept the goods.
Zylax Computers , we shall not be held liable for delayed or lost shipment. The shipping time of goods ordered is generally 2-5 days for goods in stock but in event of there are goods which are not in stock someone from Zylax Computers will contact you within 2 days with an estimated time of arrival. We use a variety of methods of shipping mainly however Couriers Please and Australia Post are our preferred vendors. We require a signature for all parcels so please ensure there is someone to accept the goods at the provided delivery address.
In the instance where the delivery address is in a remote area of Australia, we will contact you regarding shipping charges prior to placing an order and discuss any additional freight charges that may apply. There may be additional charges for goods being shipped to parts of WA, SA or the NT. In this instance we will contact you prior to placing the order. Freight charges for bulky & large goods may be higher than those shown on the website. We will contact you prior to placing the order if we think this will be the case.
Risk and Title
Risk of loss or damage to Goods will pass to you upon delivery of the Goods to you or your authorised representative.
All Goods will remain our property until all monies owing have been paid in full. Until payment has been received in full, we will be entitled to enter your premises at any reasonable time to inspect all records in relation to all Goods supplied by us and all records in respect of the sale of those Goods by you. We will be entitled to enter your premises at any reasonable time to recover possession of those Goods for which payment in full has not been made.
Performance of Services
Unless otherwise agreed, the Services will be performed by us during Business Hours of each Business Day. We agree to perform the Services in accordance with the terms of a Support Agreement. We will perform the Services utilising such resources, employees and subcontractors as we deem appropriate.
Prior to making any purchase, please review your purchasing rights as an Australian citizen via the ACCC website - https://www.accc.gov.au/consumers/consumer-rights-guarantees.
Prices and Payment
The Price payable for the Goods and Services is set out on our website or can be obtained via a direct quote. We make ever effort to ensure the website pricing is accurate however vendors and suppliers can change pricing without notifying us from time to time. In this instance we will contact the purchaser and discuss options.
The default agreed payment terms for our commercial customers are seven days (7) from the date of our tax invoice. A late fee of 2% of the total value of the goods/services outlined in the invoice, may become payable if payments go past 14 days after the invoice date.
Immediate payment via Paypal or Credit card is required for all website purchases. Vendors surcharge may apply.
From time to time we run promotions where we remove Credit card and other surcharges. This will be clearly marked on our website landing page or at time of check-out. If this is not outlined, please expect the normal vendors surcharge to apply for certain types of payments.
We will require a proof of payment and fund clearance in case of direct deposit into our account. We request a non-refundable 10% deposit for any computer systems built or specially ordered goods. For pick up order, payment can be made by accepted credit cards (with identification), EFTPOS, direct bank deposit, cash. Please make your cheque or money order payable to: Zylax Computer. We do not charge your credit card until the goods are ready to be shipped or picked up.
Credit Cards Visa/ Master card/Bankcard/Amex/Diners, all with a charge of 1.7% inc GST ,
Our bank account details for direct deposit are:
Bank: National Australia Bank
Account Name: Zylax Computers
B.S.B. Number: 082282
Account Number: 529150551
We both agree to maintain in confidence and respect the Confidential Information of the other and to abide by the restrictions on use and disclosure of another’s Confidential Information. We adhere to the Privacy Act 1988 and ensure we maintain best practice in relation to your personal information as per the guidelines outlined by the OAIC https://www.oaic.gov.au/agencies-and-organisations/guides/guide-to-securing-personal-information.
Hardware and Third Party Software Warranty
You agree to accept the Hardware manufacturers warranty when you purchase hardware through us. We cannot provide any additional warranty in relation to the Hardware unless it is a ‘paid for extended warranty’ via the vendor. We will pass on to you any warranty provided to us by the relevant manufacturer of the Hardware. We will however always try to assist customers in warranty claims if the product has been purchased through us.
Your use, rights and obligations in respect of Third Party Software is governed by its applicable vendor End User License Agreement (“EULA”), unless it is varied by agreement between the parties to that EULA. You agree to execute and be bound by the terms of the Third Party Software owner’s EULA. We are able to provide you with a copy of the relevant EULA for your review if requested, prior to submitting a purchase order to us. You accept the Third Party Software owner’s warranty in relation to the Third Party Software once a purchase is made. We cannot provide any additional warranty in relation to the Third Party Software.
For purchases of Hardware and Third Party Software under $40,000:
(a) Goods come with guarantees that cannot be excluded under Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure;
(b) to claim this warranty, the Customer must inform the Hardware Vendor or contact Zylax Computers (by providing notice to the address set out in these terms of trade; of a warranty issue within the warranty time period specified by the Hardware manufacturer/Third Party Software owner). Zylax Computers will assist the Customer with claiming the warranty from the Hardware Manufacturer or Third Party Software owner where ever possible however to ensure speed of transaction, we recommend customers contact the manufacturer in the first instance.
(c) The Hardware manufacturer’s warranty or Third Party Software owner’s warranty will provide details as to who will bear the expense of claiming the warranty and (if applicable) how the Customer can claim expenses incurred in making the claim.
(d) the benefits to the consumer given by the warranty are in addition to other rights and remedies of the consumer under a law in relation to the goods or services to which the warranty relates. Please review the below URL for more information on the ACCC’s warranty guidelines for Australian Citizens.
Computer systems built by Zylax Computers carry a one-year parts and two years labour warranty. All the peripheral components are covered by standard manufacturer warranty. We will require a copy of invoice to be sent with goods under warranty. Goods under warranty cover will be replaced or repaired by the manufacturers. No refund can be provided under any circumstances. Zylax Computers is responsible for the handling of most products' warranty processes. The manufacturers not Zylax Computers provide warrantees for individual parts we sell. DOA (Dead on arrival) items are eligible for refund or an instant replacement from us. DOA items must be reported within 7 days from the time you receive your goods. Customers must request a RA (Return Authorisation) number prior to returning any merchandise to Zylax Computers. Before the RA number is issued we have to test the goods and make sure that that goods are DOA. A large percentage of returned goods are found to be not faulty. All warrantees are voided if returned product is found in any way to be mishandled, mis installed, modified, tampered, abused, physically damaged, used under wrong voltage etc or effected by pest and pets. Zylax Computer’s warranty on its own assembled PC's will not cover any power fluctuations or power failure. In all instances we are not liable for any client data loss. Data backup is the customers responsibility.
Demo and NQR
From time to time there are items sold on our website that have model numbers that contain or end with Demo or NQR. These models either have open boxes, or some physical wear and tear. They also might not carry full warranty as they are discounted substantially. Please inquire about them before or after placing an order and we will check with our distributor about the NQR or demo conditions and reasons.
Warranty turnaround time
We do not provide advance replacement under any circumstances. Please keep this in mind when you place your order. Zylax Computers is not responsible for any losses resulting from the time it takes to have the faulty item replaced or repaired.
Return and refund
We follow Australian Consumer code of conduct for all our return. We do not return or exchange goods if the reason is; Change of mind; Wrong purchase or not compatible;You later discover that you picked the wrong colour or the item doesn't fit.
You accept the relevant Hardware manufacturer’s or Third Party Software owner’s warranties in relation to the integration, compatibility or interoperability of those products with other Hardware and Software. We do not provide any warranty in relation to the integration, compatibility or interoperability of Hardware from different third parties, or the integration, compatibility or interoperability of Software from different owners with any such Hardware.
Zylax Computers Assistance with Hardware, Third Party Maintenance Contract and Third Party Software Functionality Issues
Any issues or problems with any Hardware, Third Party Maintenance Contract or Third Party Software functionality including, but not limited to, warranty claims, may be resolved between you and the relevant owner or manufacturer directly, subject to the terms of the Hardware manufacturer’s warranty, maintenance provider or Third Party Software manufacturer’s warranty and its EULA, as the case may be, and we can where possible, provide incidental and reasonable assistance to you during this process. Where you request assistance of us outside of the warranty claims process, we reserve the right (and you agree to accept this reservation) to charge you directly for such intervention, on a time and materials basis.
Exclusion of all other warranties
To the extent permitted by law, and except as set out in these Terms of Trade or otherwise specifically agreed in an Individual Contract, Zylax Computers:
(a) provides the Goods to you on an “AS IS” basis;
(b) excludes all warranties and conditions, express, implied or statutory (including all implied warranties of merchantability, fitness for a particular purpose, lack of viruses, uninterrupted or error free operation, accuracy or completeness of responses or results, lack of workmanlike effort or non-infringement) regarding the Goods provided to you; and
(c) limits the remedies available for a breach of any warranty given to you to the lesser of and to the extent that such breach of warranty is capable of remedy by employing commercially reasonable efforts (as determined by us acting reasonably and in good faith), the cost of repairing or replacing those Goods; or paying the cost of having those Goods repaired or replaced.
Zylax Computers accepts no liability whatsoever for any resultant loss or damage arising directly or indirectly from any connectivity or integration with any existing Customer process, product, materials, environment or System that is not adequately accounted for in a Commercial Engagement Document, or results from inaccurate or incomplete Customer information.
We warrant that we will use commercially reasonable efforts to perform the Services (including the provision of any associated materials) in accordance with any milestones set out therein and that all Services will be provided with due care and skill. The Services warranty is valid for a period of 30 days following delivery of the Services.
Materials Ownership and Licence
We retain all right, title and interest in all Materials created before and during the Service performance period. We grant to you a non-exclusive, licence to use, copy and distribute, within your group of companies only, copies of these Materials. Each party agrees to reproduce the copyright notice on any copies made under the licence granted above. Any idea, concept, know-how or technique which relates to the subject matter of a Service and is developed or provided by a party, or jointly by both, in the performance of a Service may (subject to applicable patents and copyrights) be freely used by either party.
Limitation of Liability
EXCEPT IN RESPECT OF A BREACH OF CONFIDENTIALITY, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES WHETHER SUCH DAMAGES ARE ALLEGED AS A RESULT OF TORTIOUS CONDUCT (INCLUDING NEGLIGENCE) OR BREACH OF CONTRACT OR OTHERWISE. Our maximum liability to you in aggregate for all claims made against us in contract, tort or for any other common law or statutory cause of action in connection with the subject matter of this Contract shall be limited to:
- In respect of Goods, the component of the Price paid by you for such Goods under this Contract;
- In respect of Services, the component of the Price paid by you for such Services under this Contract.
Where a claim(s) relates to both Goods and Services, the limits on our liability shall operate separately and independently of each other in respect of such Goods and Services. A party’s liability for a claim of another party will be reduced proportionately to the extent that any act or omission of the first mentioned party or any of its officers, agents, employees or contractors causes or contributed to those liabilities, losses, damages, cost or expenses.
We are excused from performing our obligations to the extent we are prevented by circumstances beyond our reasonable control including, but not limited to, acts of God, natural disasters, acts of war, riots and strikes.
General Provisions Assignment
Zylax Computers may at any time transfer or assign any or all of its rights, obligations, benefit or interest.
- ‘Business Day’ means a day that is not a Saturday, Sunday or any other day that is a gazetted public holiday or a bank holiday in the place where an act is to be performed or a payment is to be made, as the context admits.
- ‘Business Hours’ means 9am to 5 pm of each Business Day.
- ‘CED’ or ‘Commercial Engagement Document’ means a Zylax Computers quotation document or Zylax Computers proposal document, that may reference other specifications applicable to the sale or supply of certain Goods and Services by Zylax Computers.
- ‘Contract’ means a legally binding contract between Zylax Computers and you consisting of the relevant CED and these Zylax Computers Terms of Trade.
- ‘Confidential Information’ means any trade secrets embodied in any information relating to, but not limited to, the commercial activities, product pricing, technologies, business processes, client relationships, strategic information and any other information related to the conduct of each parties businesses.
- ‘Zylax Computers’, ‘us’, ‘our’ or ‘we’ means either the entity Zylax Computers Limited or any of its Related Bodies Corporate.
- ‘Goods’ means either Hardware or Software procured or supplied.
- ‘EULA’ means the licence agreement governing the use of Software directly between the customer and the owner of that software.
- ‘Hardware’ means any physical product manufactured by a third party, including any associated third party maintenance service contracts.
- ‘Incidental Costs’ means delivery costs, tax, installation, support or maintenance costs, preparation of the site, audit of your physical environments, overtime rates, and any miscellaneous expenses, like travel & accommodation.
- ‘Individual Contract’ means a separate individual contract between Zylax Computers and a customer in the form of a CED.
- ‘Material’ means literary works or other works of authorship that Zylax Computers may deliver to the Customer as part of a Service. The term “Material” does not include licensed software products which are provided in accordance with their EULA.
- ‘Price’ in relation to Goods and Services means the price payable for those Goods and Services as detailed on our website, in a quote or in the CED.
- ‘Software’ means any licensed, packaged software that is manufactured, licensed or owned by a third party (other than Zylax Computers or you) (“Third Party”) and procured on behalf of Zylax Computers for you, the use of which is subject to that Third Party’s EULA, and where applicable, includes its associated third party support and maintenance contract.
- ‘You’ means the customer entity.