The Customer acknowledges agreement with these Terms and Conditions of Sale by the placement of an order to purchase product from City Software Pty Ltd trading as (City Software, CSW, CSW-IT, International Software Warehouse and ISWH).
International Software Warehouse is a trading name of City Software Pty Ltd This contract of sale is between the entity named on the invoice (the "Customer") and City Software Pty Ltd (" CSW-IT").
CSW-IT is a trading name of City Software Pty Ltd. This contract of sale is between the entity named on the invoice (the "Customer") and City Software Pty Ltd (" CSW-IT").
All goods are supplied on these terms and conditions only and no person in the employment or otherwise as agent for CSW-IT 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
CSW-IT will gladly refund or credit goods returned within a reasonable time (generally 14 days) provided the goods are in original condition, 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 CSW-IT, a restocking fee of up to 25% may apply.
Please note that 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 unless faulty or defective. 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.
Return or exchange of computer hardware and peripherals is sometimes not possible due to third party constraints on CSW-IT (unless faulty). Please confirm with CSW-IT prior to purchasing as to whether a computer hardware or peripheral item is returnable, exchangeable or firm sale.
Right of refusal for the return or exchange of products is at the discretion of v, except where the Trade Practices Act of Australia makes allowance. A restocking fee of up to 25% may apply to returned goods.
All products sold by CSW-IT are covered by the manufacturers' warranty that accompanies the product. CSW-IT makes no additional or independent warranty. CSW-IT 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.
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 CSW-IT 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 CSW-IT, the Customer shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by CSW-IT as a result thereof and CSW-IT, 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 CSW-IT 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.
Title of Goods
The goods shall remain the sole and absolute property of CSW-IT 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 CSW-IT 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 CSW-IT in delivering any part of the goods) on or before the payment date.
In addition to any other rights or remedies of CSW-IT in the event of the Customer's default hereunder, CSW-IT shall be entitled:
Errors and Omissions
- 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 CSW-IT, 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 CSW-IT as a result of the Customer's default;
- At the sole discretion of CSW-IT charge a restocking fee of up to 25% of the purchase price.
At CSW-IT, 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. CSW-IT 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, CSW-IT shall maintain the right to refuse or cancel any orders placed. If the order has been confirmed and charged to your credit card, CSW-IT shall immediately issue a refund.
Limitation of Liability
CSW-IT 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, CSW-IT's liability for any such breach shall be limited, at its sole discretion, to any of the following:
All Sales Made in Victoria
- 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.
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 eStore shall be brought by the Customer exclusively in the state or federal courts situated in the State of Victoria.
Backorder Cancellation Policy
Please send all backorder cancellation requests to firstname.lastname@example.org or phone 1300 658 600. Except for "special orders", an order may be cancelled before it has left our warehouse with no cancellation fee. If the order has left our warehouse, a fee may apply to cover courier and restocking costs.
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.
Changes to Terms and Conditions
CSW-IT 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.