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TERMS AND CONDITIONS OF SALE USE
RESTRICTIONS
1. ACCEPTANCE
All sales by 1stNEAT.COM.AU Pty. Ltd. of its products are governed exclusively
by these terms and conditions and acceptance hereof is expressly limited to
these terms and conditions. These terms and conditions apply (i) unless the
customer has signed a separate formal purchase agreement with 1stneat.com.au, in
which case the separate agreement shall govern or (ii) unless other
1stneat.com.au standard terms apply to the transaction. These terms are subject
to change without prior written notice at any time, in 1stNEAT.com.au's sole
discretion.
2. PAYMENT TERMS; ORDERS; QUOTES; INTEREST
Terms of payment are within 1stneat's sole discretion. Payment must be received
by 1stneat.com.au prior to 1stneat.com.au's acceptance of an order. Payment for
the products will be made by credit card, wire transfer, or some other
pre-arranged payment method. If credit terms have been agreed to by
1stneat.com.au, invoices are due and payable within the agreed upon terms.
1stneat.com.au may invoice parts of an order separately. Orders are not binding
upon 1stneat.com.au until accepted by 1stneat.com.au. Any quotations given by
1stneat.com.au will be valid for the period stated on the quotation. Customer
agrees to pay interest on all past-due sums at the highest rate allowed by law.
3. SHIPPING CHARGES: TAXES
Separate charges for shipping and handling will be shown on 1stneat.com.au invoices).
Unless customer provides 1stneat.com.au with a valid and correct tax exemption
certificate applicable to the product ship-to location prior to 1stneat.com.au's
acceptance of the order, the customer is responsible for sales and all other
taxes associated with the order. If applicable, a separate charge for taxes will
be shown on 1stneat.com.au invoices.
4. TITLE
Title to products passes from 1stneat.com.au to customer on shipment from
1stneat.com.au's facility. Title to software will remain with the applicable licensors).
5. LIMITED WARRANTIES
1stneat.com.au warrants to the purchaser that all products, excluding software,
will be free from defects in material and workmanship. The warranty period
commencing on the date of purchase will be: two (2) years limited warranty on labour
& parts for complete computer systems, one (1) year limited warranty on
parts for bare bone systems, one (1) year on new parts, twenty (20) days
warranty for CPU and ninety (90) days on all special close-out items. This
warranty shall NOT extend to any physical damage or any damage, defect or
malfunction caused by a misuse, abuse, neglect, unauthorized
repair/modification, or improper freight by the customer.
One Year On Site Warranty: 1stneat.com.au warrants to the original customer this
computer on an onsite basis against defects in materials and workmanship for a
period of one full year from the original date of purchase.
Ninety-Day Replacement Parts Limited Warranty: Replacement parts for system
repair and systems shipped by 1stneat.com.au are warranted against defects in
materials and workmanship for ninety (90) days from date of shipment by
1stneat.com.au.
The One Year On Site and the Ninety-Day replacement parts Limited Warranty
becomes effective on the date of shipment from 1stneat.com.au, is granted to the
initial customer end-user only and are non-transferrable. Removal of hardware
from an 1stneat.com.au system and use of such hardware in a different system or
configuration voids all applicable limited warranties. Any claims under these
warranties must be made before the end of the applicable warranty period. During
such period, if 1stneat.com.au determines that a part or system is defective in
material or workmanship, 1stneat.com.au, at its option, may replace the system;
provide a repaired part or any part of equal or better performance.
1stneat.com.au reserves the right to substitute functionally equivalent new or
serviceable reconditioned parts and systems. 1stneat.com.au responsibility is
limited to repair or replacement, either of which may be selected by
1stneat.com.au at its sole discretion.
All warranty products apply only to product sold and shipped to addresses within
the United States.
The above warranty is exclusive and is in lieu of all other warranties, whether
express or implied including without limitation, the implied warranties of
merchantability and of fitness for a particular purpose. 1stneat.com.au CANNOT
and DOES NOT warrant the performance of any software provided with or as part of
the product. All software is provided "AS IS" and without warranties
of any kind. (Please refer to the licensor of such software which exclusively
governs all terms and conditions of the software's use).
6. RETURN POLICY
1STNEAT.COM.AU's return policies are: 1) full refund in ten (10) days from date
of purchase. 2) Fifteen (15%) restocking fee if returned within thirty (30)
days. 3) Absolutely NO refund after thirty (30) days. 4) CPU, software, memory,
customized or special order items, shipping and handling fees are NOT refundable
or exchangeable. In addition all opened returns will automatically be charged a
15% restocking fee. Opened software is non-refundable.
Thirty Day Money Back Guarantee: Returned products must be in as-new condition,
and all of the manuals, diskette(s), CD(s), power cables, and other items
included with a product must be returned with it. You must follow the conditions
outlined below in order to obtain your refund: Before any return, a Credit
Return Authorization Number must be obtained from 1STNEAT.COM.AU by calling (02)
9386 0555 or by emailing [email protected]. This number is 1STNEAT.COM.AU's
authorization for you to return your system. The returned product must be
clearly marked with the CRA Number on the label and should be shipped in the
original packaging, prepaid and insured by you in order to prevent damage during
shipping. You must retain tracking numbers and all other shipping information
until you have been credited for the return by 1STNEAT.COM.AU. The Credit Return
Authorization is valid for 15 days from date of issue. Any product returned
without an authorization number will be returned to the customer at his or her
own expense.
All returns MUST be in re-sellable condition with original invoice, packing
materials, accessories, drivers and manuals. 1STNEAT.COM.AU reserves the right
to refuse such return if it does not meet the requirements.
7. RETURN MERCHANDISE AUTHORIZATION POLICY
Any and all defective merchandise must be covered by a Return Merchandise
Authorization (RMA) number, to be obtained from 1STNEAT's RMA department prior
to the return. To request warranty service, you must call 1STNEAT's customer
technical support at 1-888-315-9563 or email [email protected] within the
warranty period. RMA numbers are good for seven (7) days.
Returns must be sent via UPS, Federal Express, or any courier that issues a
tracking number. Please e-mail return tracking numbers to our customer support
service department at [email protected]. 1STNEAT.COM.AU reserves the right
to charge up to the full purchase price of the item being if: (I) The product
becomes damaged due to Misuse or (II) The product is damaged in transit due to
inappropriate packing materials
RMA products returned by shipping should be shipped back to 1STNEAT.COM.AU
service centre in their original or equivalent packaging, carefully packed and
well protected, an RMA number shall clearly marked on the shipping box. Any
products returned without an RMA authorization number will be returned to sender
at sender's own risk and expense.
Such requests for RMA number from 1STNEAT.COM.AU shall include a copy of the
original invoice and a detailed description of the apparent or alleged defect.
Purchaser will pay one way-shipping fee. The turn around time for RMA products
may vary, normally between 2 to 4 weeks.
1STNEAT.COM.AU reserves the right to test the RMA products that are returned by
the customer to determine if repair, exchange or replacement is needed. The
product with "No Problem Found" (NPF) will ship back to the customer
at the original condition and the shipping charge may be applied. For RMA
products of "Dead On Arrival within 7 days" (DOA), 1STNEAT.COM.AU will
swap with good product to customer in 5 working days after RMA product has been
received.
8. LIMITATION OF LIABILITY
1STNEAT.COM.AU DOES NOT accept liability beyond the remedies set forth herein,
including any liability for products not being available for use or for lost or
corrupted data or software. 1STNEAT.COM.AU will not be liable for lost profits,
loss of business or other consequential, special, indirect or punitive damages,
even if advised of the possibility of such damages, or for any claim by any
third party except as expressly provided herein.
9. GENERAL PROVISION
1STNEAT.COM.AU MAKES NO EXPRESS WARRANTIES OR CONDITIONS BEYOND THOSE STATED IN
THIS WARRANTY STATEMENT. 1STNEAT.COM.AU DISCLAIMS ALL OTHER WARRANTIES AND
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME
STATES (OR JURISDICTIONS) DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
CONDITIONS, SO THIS LIMITATION MAY NOT APPLY TO YOU. 1STNEAT.COM.AU'S
RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN HARDWARE IS LIMITED TO REPAIR AND
REPLACEMENT AS SET FORTH IN THIS WARRANTY STATEMENT. THESE WARRANTIES GIVE YOU
SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE
TO STATE (OR JURISDICTION TO JURISDICTION). 1STNEAT.COM.AU DOES NOT ACCEPT
LIABILITY BEYOND THE REMEDIES SET FORTH IN THIS WARRANTY STATEMENT OR LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY
LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST DATA OR SOFTWARE.
SOME STATES (OR JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PROCEEDING EXCLUSION OR LIMITATION
MAY NOT APPLY TO YOU. THESE PROVISIONS APPLY TO 1STNEAT.COM.AUS LIMITED
WARRANTIES ONLY (ALL SECTIONS EXCLUDING (e) AND (g). FOR PROVISIONS OF ANY
SERVICE CONTRACT COVERING YOUR SYSTEM, REFER TO THE SEPARATE SERVICE CONTRACT
THAT YOU WILL RECEIVE IF APPLICABLE. Governing Law, Jurisdiction and Costs.
THESE LIMITED WARRANTIES ARE INCORPORATED INTO AND ARE ESSENTIAL AND MATERIAL
PROVISIONS OF THE TERMS AND CONDITIONS OF SALE OF 1STNEAT.COM.AU PRODUCTS TO YOU
(SALE TERMS). ALL DISPUTES ARISING OUT OF OR RELATED TO THE LIMITED WARRANTIES
SET FORTH HEREIN (CUSTOMER DISPUTES) SHALL BE GOVERNED BY THE LAWS OF THE STATE
OF CALIFORNIA. THE CUSTOMER HEREBY CONSENTS TO THE JURISDICTION AND VENUE OF THE
STATE COURTS OF CALIFORNIA TO RESOLVE ANY AND ALL CUSTOMER DISPUTES WITH
1STNEAT.COM.AU, AND THE CUSTOMER WAIVES ALL DEFENCES TO SUCH JURISDICTION AND
VENUE INCLUDING, BUT NOT LIMITED TO, ANY DEFENCE BASED ON INCONVENIENT FORUM. IN
THE EVENT THE CUSTOMER AND 1STNEAT.COM.AU ARE UNABLE TO RESOLVE ANY CUSTOMER
DISPUTE, AND ANY COLLECTION ACTION, SUIT OR OTHER JUDICIAL PROCEEDING IS
COMMENCED, THE PREVAILING PARTY IN ANY SUCH COLLECTION ACTION, SUIT OR JUDICIAL
PROCEEDING SHALL BE ENTITLED TO RECOVER ITS COSTS AND REASONABLE ATTORNEY'S FEES
INCURRED
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