1) Customer Acknowledgement.
The Customer acknowledges agreement with these Terms and Conditions of Sale
by the placement of an order to purchase product from Media Centre World. This
contract of sale is between the entity named on the invoice (the “Customer”)
and Media Centre World. All goods are supplied on these terms and conditions
only and no person in the employment or otherwise as agent for Media Centre
World 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.
Media Centre World 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 Media Centre World a restocking fee of up to 25%
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 Media Centre World (unless faulty). Unless
agreed otherwise prior to purchasing, all sales shall be considered firm sales.
3) Warranty Information.
All products sold by Media Centre World are covered by the manufacturers’
warranty that accompanies the product unless otherwise stated. Media Centre
World makes no additional or independent warranty. Media Centre World 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 Media Centre
World 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 Media Centre World, the Customer shall be
liable for all loss and damage (including consequential loss and damage) suffered
or incurred by Media Centre World as a result thereof and Media Centre World,
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 Media Centre World of any defect within five (3) 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 Media Centre World
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 Media Centre World 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 Media Centre World in delivering any
part of the goods) on or before the payment date.
7) Errors and Omissions.
At Media Centre World, 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. Media Centre World 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, Media Centre World shall maintain the right to refuse or cancel any orders
placed. If the order has been confirmed and charged to your credit card, Media
Centre World shall immediately issue a refund.
8) Limitation of Liability.
Media Centre World, 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, Media Centre World’s
liability for any such breach shall be limited, at its sole discretion, to any
of the following:
- Replacement of the goods or any part thereof;
- Supply of equivalent goods or any part thereof;
- Repair of the goods or any part thereof;
- Payment of the cost of replacing the goods or acquiring equivalent goods
or any part thereof;
- The payment of the cost of having the goods or any part thereof repaired;
or
- Refund of the goods upon return.
9) All Sales Made in New South Wales.
All sales shall be deemed made in the state of New South Wales of Australia
regardless of the location of the Customer. The Customer agrees that any dispute
with Media Centre World shall be brought by the Customer exclusively in the
state or federal courts situated in the State of New South Wales.
10) General.
Media Centre World 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.
11) Placing and Accepting Orders
Orders will not be despatched until payment in full has been received and Media
Centre World is satisfied with the integrity of the order.
Without limiting the operation of any other Terms and Conditions herein, Media
Centre World is not responsible for any loss or damage caused by late delivery
or cancellation of an order or a product.
Placement of an order by you constitutes an offer to enter into an agreement
with us ("your offer"). We will email you an Order Confirmation for
the sole purpose of confirming the details of your offer. Please note that our
Order Confirmation does not constitute an acceptance of your offer or reflect
the status of your order in any way.
