This section is divided into 3 parts:
PLEASE READ THIS DOCUMENT CAREFULLY!
IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
HOME COMPUTER TECHNOLOGY
ABN 43 846 786 028
These terms and conditions apply to purchases made on this web site ("www.hctechnology.com.au") and from Home Computer Technology.
1. ORDERS & DELIVERY
All orders placed through this web site are subject to confirmation and acceptance by Home Computer Technology. Home Computer Technology may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If Home Computer Technology requests payment for increased prices, you may cancel the order by giving notice to Home Computer Technology, which must be received within seven days of the announcement of the increase.
Home Computer Technology or its agent will deliver the goods you order to the address you specify in your order, within 2 weeks or by an agreed time, subject to their availability. Where the goods are not available you will be notified of this by Home Computer Technology within 2 working days. Anyone at the delivery address who receives the goods will be presumed by Home Computer Technology be authorised to receive the goods.
If your goods include products in respect of which the law prescribes a minimum age for purchase, you must be over the age of 18 years (or such other minimum age as is prescribed by the law), and you must ensure that a person over that age is available to accept delivery of the goods. Home Computer Technology may refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age.
If there is no-one at the delivery address or no-one of appropriate age to receive and/or pay for the order, Home Computer Technology may charge you additional delivery fees.
Once the goods are delivered to you, you will own them and it is your responsibility if they are lost or damaged.
Home Computer Technology reserves the right to restrict sales to retail quantities when supplying resellers and distributors.
2. RETURNS & REFUNDS
3. PRICES & PAYMENT
All pricing on this website is in Australian Dollars.
For each online order, you must pay:
We are unable to accept COD orders.
Payment must be cleared before the goods are dispatched.
4. YOUR ACCOUNT
You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify Home Computer Technology in connection with any use (whether authorised or unauthorised) of your user name or password. Home Computer Technology may suspend or cancel your account at any time without prior notice.
5. PICTURES
Home Computer Technology aims to include up-to-date pictures of all of the goods on this web site. However, our picture of the goods may differ from the actual goods. We recommend you read the labels on the goods carefully before using the goods.
6. PRIVACY
Home Computer Technology will comply with Home Computer Technology Privacy Statement. Home Computer Technology will not reveal your personal information to external organizations except for the purposes of fulfilling your order.
7. LIABILITY
Any liability of Home Computer Technology in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Home Computer Technology be limited to:
8. CHANGES TO TERMS
Each order is governed by the terms and conditions current when the order is placed. Home Computer Technology may add to, delete or otherwise change these terms and conditions without notice. It is your responsibility to read and \ understand these terms and conditions each time you place an order.
9. APPLICABLE LAW
All purchases under this web site and these terms and conditions are subject to the laws of Western Australia, Australia.
NOTE TO THE CUSTOMER
THIS AGREEMENT CONTAINS THE WARRANTY AND TERMS AND CONDITIONS THAT APPLY TO YOUR PURCHASE OF Home Computer Technology BRANDED COMPUTER PRODUCTS (THE "PRODUCT") AND SERVICES FROM Home Computer Technology. ("Home Computer Technology") OR ONE OF IT’S AUTHORIZED RESELLERS ("RESELLER"). THE TERM PRODUCT CONSISTS OF Home Computer Technology -BRANDED HARDWARE DESCRIBED IN YOUR PURCHASE RECEIPT OR INVOICE. THE TERM "PRODUCT" DOES NOT INCLUDE SOFTWARE, NON Home Computer Technology-BRANDED EXTERNAL HARDWARE PERIPHERALS SUCH AS JOYSTICKS, PRINTERS, SCANNERS, ETC., NOR THEIR RELATED DOCUMENTATION (COLLECTIVELY "ACCESSORIES"). PLEASE BE CERTAIN TO READ THE INDIVIDUAL WARRANTIES AND STANDARD TERMS AND CONDITIONS FOR ACCESSORIES CONTAINED IN THE SHIPPING CARTONS. YOU AGREE THAT THIS AGREEMENT APPLIES TO THE PURCHASE OF YOUR PRODUCT.
1. DEFINITIONS
The following words shall have the meaning described below:
A. CORE MARKET CLIENTS are those Clients whose Product is shipped to Core Market Areas. As of 1 September 2000, Core Market Area is Perth Metro Area.
2. INSPECTION OF PRODUCT UPON RECEIPT
You must examine the Product and Accessories immediately upon delivery. If you find that any package is damaged or missing, you must immediately notify Home Computer Technology. If you thereafter find the Product or Accessories, or any portion thereof, to be damaged or missing, you must notify Home Computer Technology within thirty (30) days from the date of delivery of the Product. If you fail to give such notice, you will, subject to Section 4 below, be deemed to have waived any claim you may have had against Home Computer Technology and/or the carrier in that respect.
3. LIMITED WARRANTY
A. CORE MARKET CLIENTS.
Home Computer Technology warrants to you, subject to the provisions of this Section 3, that the Product (excluding Accessories) will be free from defects in material and/or workmanship from the date of delivery for the period indicated on your Home Computer Technology purchase receipt or invoice or one (1) year, whichever is longer. For Accessories, please refer to the warranties that accompany those Accessories. This limited warranty only applies to Home Computer Technology-branded Products. For optional warranty and service upgrades please refer to Section 8.
Home Computer Technology does not warrant software or documentation; however, defective software media, such as CD-ROMS, DVDs, or diskettes, will be replaced if you notify Home Computer Technology of such defects within ninety (90) days from the date of delivery. Warranties for software, if any, are provided by the licensor of the software and you must look to that licensor for any warranties.
During the warranty period, Home Computer Technology will either, AT ITS OPTION and subject to Section 4 below: (1) correct any defects in material or workmanship, or any failure of the hardware to conform to specifications, at no charge for in-house labour and materials, or (2) refund the amounts you have paid for the Product and Accessories upon their return. Any replacement parts/products will be new or serviceably used, and are warranted for the remainder of the original warranty or thirty (30) days from the date of shipment of such parts/products, whichever is longer. YOU ARE RESPONSIBLE FOR AND MUST PRE-PAY SHIPPING, HANDLING AND INSURANCE COSTS RELATING TO OBTAINING WARRANTY SERVICES OR RETURNING PRODUCTS AND ACCESSORIES FOR A REFUND. You are responsible for any taxes, goods and services taxes, customs fees or duties that may be due relating to the shipment, even if Home Computer Technology refuses to take delivery. Replacement parts or Products will be shipped after the non-functioning parts or Products have been returned to Home Computer Technology, unless the parts or Products are secured with a credit card when you call for warranty service.
The warranty period applicable to your Product is not extended as a result of purchasing any additional parts/products from Home Computer Technology or upgrading your Product. You should promptly notify Home Computer Technology in writing if there is a defect in material or workmanship. Written notice in all events must be received by Home Computer Technology before expiration of the warranty period.
THIS WARRANTY IS NOT TRANSFERABLE.
B. EXCLUSIONS.
Home Computer Technology’s LIMITED WARRANTY COVERS NORMAL USE. Home Computer Technology DOES NOT WARRANT OR COVER:
Home Computer Technology’s modems work only in the country to which they are shipped. Home Computer Technology OFFERS NO SUPPORT OR WARRANTY FOR MODEMS WHILE THEY ARE IN USE OUTSIDE THE COUNTRY TO WHICH THEY ARE SHIPPED.
Monitors operate normally only in the hemisphere for which they are manufactured, so your monitor may not operate normally and will not be covered under the Limited Warranty if you use it in the other hemisphere.
4. LIMITATION OF LIABILITY
If your Product is shipped to Australia and you are acquiring the Product as a consumer (as defined in the Australian Trade Practices Act of 1974 (the "TPA")), you will be entitled to certain guarantees, rights and remedies under the TPA, and if:
5. TECHNICAL SUPPORT
Home Computer Technology provides at its discretion a range of basic technical support options for the Product via a variety of on-line, telephone, and other methods. Additional phone charges may apply if you are calling from a mobile phone, a public phone or from outside Australia or New Zealand . Using one of these methods, Home Computer Technology will help you reinstall the operating system and factory-installed software on your Product and restore it to the original factory configuration at no additional charge from the date of shipment for the period indicated on your Home Computer Technology purchase receipt or invoice or one (1) year, whichever is longer. Home Computer Technology will inform you before it provides you with technical support for which a fee will be charged. Home Computer Technology may change the means through which it provides technical support at any time. Some current support methods are listed below. It is likely that many of your questions will be answered by the documentation shipped with, and information loaded on, the Product.
Home Computer Technology DOES NOT PROVIDE FREE SOFTWARE TUTORING OR CUSTOMIZATION, OR SUPPORT FOR ANY OTHER ACCESSORIES, INCLUDING SOFTWARE, OR ANY PRODUCTS PURCHASED FROM THIRD PARTY VENDORS. Home Computer Technology MAY PROVIDE FEE-BASED SUPPORT FOR THESE OR ANY OTHER ISSUES FALLING OUTSIDE THE SCOPE OF BASIC TECHNICAL SUPPORT. YOU WILL BE NOTIFIED OF ANY APPLICABLE FEE BEFORE Home Computer Technology TECHNICAL SUPPORT BEGINS RESOLUTION OF YOUR ISSUE.
Please contact Home Computer Technology for current prices and availability for fee-based technical and tutorial support.
6. OBTAINING WARRANTY SERVICE
To obtain service under this limited warranty, you must contact Home Computer Technology Technical Support. You may contact Home Computer Technology Technical Support via a variety of on-line, telephone, and other methods to diagnose hardware issues. Home Computer Technology will provide hardware diagnosis by one of these methods for no additional charge from the date of shipment for the period indicated on your Home Computer Technology purchase receipt or invoice or one (1) year, whichever is longer. After that period has expired, Home Computer Technology may charge you a fee to diagnose hardware issues. If Home Computer Technology determines that you’re Product or one of its parts is defective, Home Computer Technology may authorize the replacement of a part or the Product. If on-site service is available for your Product or issue as described in Section 7, the technician may utilize these means to resolve your issue. You may be asked to take your Product to a Home Computer Technology authorized service center to obtain warranty service.
PLEASE NOTE, ON-SITE SERVICE AND PRODUCT/PART REPLACEMENT ARE AT Home Computer Technology’s SOLE DISCRETION AND ARE CONSIDERED OPTIONS OF LAST RESORT .
Home Computer Technology Technical Support personnel will work to resolve issues professionally and quickly; however, you must reasonably assist Home Computer Technology in providing technical support services. Procedures for handling parts and replacements are outlined below.
PLEASE NOTE THAT Home Computer Technology WILL BE RESPONSIBLE FOR SHIPPING COSTS RELATED TO REPLACEMENT PARTS AND PRODUCTS TO YOU, BUT YOU ARE RESPONSIBLE FOR SHIPPING COSTS OF PARTS OR PRODUCT TO Home Computer Technology FOR SERVICE.
Procedures for handling on-site warranty service are outlined in Section 7. Warranty service may be denied or limited if your account is not in goodstanding, including outstanding debt for replacement parts not returned to Home Computer Technology.
Whether you are obtaining replacement parts, having repairs performed, or returning the entire Product and Accessories for a replacement, the following procedures must be followed.
FAILURE TO FOLLOW THE PROCEDURES SET OUT IN THIS SECTION MAY RESULT IN DELAYS IN THE REPLACEMENT OF PARTS, REPAIR, OR REPLACEMENT OF YOUR PRODUCT, OR MAY RESULT IN ADDITIONAL CHARGES TO YOUR ACCOUNT. Home Computer Technology RESERVES THE RIGHT TO REFUSE TO ACCEPT PRODUCTS WHERE THESE PROCEDURES ARE NOT FOLLOWED.
FOR YOUR PROTECTION, INSURE THE SHIPMENT TO Home Computer Technology FOR FULL REPLACEMENT VALUE. YOU ARE RESPONSIBLE FOR ANY DAMAGE TO THE PRODUCT OR ACCESSORIES WHICH OCCURS DURING SHIPMENT TO Home Computer Technology.
Clients returning parts or Product from outside the Core Market Countries must include a shipping invoice stating that the goods have no dutiable value and are being returned for repair only. If you do not complete and return the shipping invoice of the Product, you will be charged for any duties that apply.
7. STANDARD ON-SITE SERVICE (FOR CORE MARKET CLIENTS ONLY)
If you are a Core Market Client, you are entitled to receive the following standard on-site service for the Products from the date of delivery for the period indicated on your Home Computer Technology purchase receipt or invoice or one (1) year, whichever is longer. THERE IS NO ON-SITE SERVICE FOR PORTABLE COMPUTER SYSTEMS OR ACCESSORIES. ON-SITE SERVICE IS PROVIDED SOLELY AT THE Home Computer Technology TECHNICIAN'S DISCRETION. IN CASES OF DISAGREEMENT, THE Home Computer Technology TECHNICIAN'S DECISION WILL GOVERN.
8. OPTIONAL WARRANTY AND SERVICE UPGRADES
You may purchase a warranty or service upgrade at the time you purchase your Product or within the first year following the date of delivery of your Product. Please call for current upgrades, prices and availability. Confirmation of your purchase of a warranty or service upgrade may be required prior to Home Computer Technology provision of service there under.
9. PRICES; TAXES
The price of the Product is stated on the purchase receipt or invoice for the Product. Prices and configurations are subject to change without notice or obligation prior to Home Computer Technology's acceptance of your order. Unless expressly indicated otherwise, the prices stated do not include shipping and handling charges and goods and services taxes but do not include any other existing or future taxes, tariffs, fees, duties, or levies applicable to the sale of the Product. If any such additional amounts (but excluding taxes on Home Computer Technology's income) are required to be withheld, collected or paid, then Home Computer Technology will be entitled to add them to the price payable by you. Unless expressly indicated otherwise, prices also do not include shipping costs, insurance or other expenses that are expressed to be your responsibility under this Agreement.
10. TERMS OF PAYMENT
The form of payment to Home Computer Technology will be (a) in immediately available funds, (b) by an irrevocable letter of credit (including an irrevocable revolving letter of credit) issued or confirmed by a bank approved by Home Computer Technology and under terms and conditions acceptable to Home Computer Technology, or (c) on other payment terms acceptable to Home Computer Technology. Letters of credit will permit transshipment, partial shipments and partial payment. All collection costs will be borne by you. Until payment has been received by Home Computer Technology, or satisfactory payment terms agreed to by Home Computer Technology, your order will not be scheduled for production or shipment, and your delay in arranging payment or payment terms will delay the shipment date.
11. INTEREST
If you do not pay amounts owed on a timely basis, Home Computer Technology reserves the right to charge you interest on overdue amounts at such rates as Home Computer Technology may fix from time to time, in accordance with applicable law.
12. SHIPMENT
Unless expressly agreed otherwise, Home Computer Technology will ship the Product and Accessories pursuant to the following terms:
If you elect to use a carrier of your choice, then Home Computer Technology will notify you (or your carrier) of the date when the Product will be available for collection at Home Computer Technology 's factory or warehouse, and you will have fourteen (14) days from such date to take possession and custody of the Product. In such case, you will be solely responsible for securing and paying for shipping and insurance and for the risk of loss after Home Computer Technology has delivered the Product to you or your carrier.
13. TITLE
Subject to the application (if any) of the New Zealand Consumer Guarantees Act of 1993 in respect of products shipped to New Zealand, Home Computer Technology will retain title to the Product until you pay in full the price of the Product, as well as interest and any other related costs you owe. You will not resell the Product and will not permit third parties to take any security in the Product until complete payment of the amounts due to Home Computer Technology. If the Product is attached by third parties or if other enforcement measures are taken, you will inform such third parties of Home Computer Technology 's retention of title and will immediately inform Home Computer Technology of such enforcement measures.
14. TRADEMARKS
Home Computer Technology and/or its affiliates are the sole and exclusive owners of the names " Home Computer Technology " any abbreviations thereof and any and all of Home Computer Technology and/or its affiliates' trademarks and trade names, trade logos and trade dress appearing on, affixed to or described in the Product (collectively, the "Trademarks"). You acquire no rights to the Trademarks under this Agreement.
15. SOFTWARE
You acknowledge that the Product may include Home Computer Technology or third party software products (the "Programs"). You agree to comply with the terms and conditions of any applicable end-user license agreements, and in all cases where Programs have been pre-loaded on the Product, you agree that by turning the system on you have accepted the terms and conditions of the end-user license agreements.
16. CUSTOM ENGINEERED SOFTWARE AND HARDWARE
Many Product components, both hardware and software, are custom engineered and accordingly may vary in terms of functionality, performance, or compatibility from retail versions.
17. COMPLIANCE WITH LAW
You agree to comply with applicable export laws and regulations if you export or re-export the Product outside the country to which it is shipped. Home Computer Technology will provide information on these laws upon request.
18. FORCE MAJEURE
Home Computer Technology will not be responsible for any failure to perform due to causes beyond its control, including, without limitation, fires, floods, earthquakes, explosions, accidents, acts of public enemy, wars, rebellions, insurrections, sabotage, epidemics, quarantine restrictions, labour disputes, labour shortages, transportation embargoes or failures or delays in transportation, inability to secure raw materials or machinery for the manufacture of its products, acts of God, acts of any government or any agency thereof (including denials or onerous restrictions on required export licenses), and judicial actions.
19. GOVERNING LAW
This Agreement will be governed by the laws of Western Australia.
20. DISPUTE RESOLUTION
Any dispute or controversy arising out of or in connection with the subject matter of or relating to this Agreement or its interpretation will be settled exclusively and finally (a) by arbitration if your Product is shipped to Australia or, (b) by the courts of New Zealand if your Product is shipped to New Zealand. Arbitration will be conducted in accordance with the Institute of Arbitrators and Mediators Australia Rules for the Conduct of Commercial Arbitration. The arbitration will be conducted before a sole arbitrator experienced in the computer industry. The arbitration shall be private and confidential and an award rendered in any such arbitration proceeding will be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.
21. GENERAL PROVISIONS
You may not assign this Agreement without the prior written consent of Home Computer Technology. If any provision of this Agreement is declared void, invalid, or illegal, the validity or legality of any other provisions and of the entire Agreement will not be affected thereby. The parties will negotiate in good faith to replace any such invalid or illegal provision with a valid and legal substitute provision that is as similar to the original as possible. No modification of this Agreement will be binding upon you or Home Computer Technology, unless such modification is in writing and signed by a duly authorized representative of both parties.
22. RELATIONSHIP OF THE PARTIES
The relationship between Home Computer Technology and you under this Agreement is that of seller and buyer. Nothing contained herein will be deemed to create the relationship between the parties of employer and employee, franchiser and franchisee, principal and agent, partner or joint venture. Accordingly, you will not have any right or authority to create any obligation of any kind, express or implied, in the name of or on the account of Home Computer Technology or to hold yourself out as a Home Computer Technology distributor or reseller.
All website contents copyright© 2008 Home Computer Technology. All rights reserved. Prices, configurations, promotions, and availability may change without notice. Home Computer Technology cannot be held responsible for pricing discrepancies due to errors in website functionality. All product photos are for illustrative purposes only. Photos displayed on website may contain optional items that are not included in the default configuration for that system. Shipping charges are not shown. Home Computer Technology cannot be held responsible for errors in photography or typography. For hard drives, GB means 1 billion bytes and accessible capacity may vary depending on configuration. For BLU-RAY, CD-ROM, DVD-ROM, CD-RW, and DVD+RW/+R drive(s), maximum data transfer rates may vary and discs created with these drives may not be compatible with all drives and players. For modems and network cards/hardware, maximum achievable data transfer rates may vary. Award(s) and quote(s) listed do not necessarily pertain to a specific system or configuration. All registered trademarks and trademarks are the property of their respective owners. Actual case may vary in design. Intel, Intel Inside, Intel Core Duo, Intel Core Quad, Intel I7, the Intel Inside logo, Intel Centrino, the Intel Centrino logo, Pentium, Pentium III Xeon, Intel Xeon, Itanium, Intel SpeedStep, and Celeron are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. AMD, Athlon Athlon 64, Athlon 64 X2, Sempron are trademarks of Advanced Micro Devices. Blu-Ray is a trademark of the SONY KABUSHIKI KAISHA CORPORATION. Home Computer Technology may use third-party advertising companies to serve ads on its behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous. Shipping, handling and any applicable taxes or customs charged are not included. Offer only available while supplies last.