CONDITIONS OF SALE
PLEASE READ CAREFULLY
Ziggy Zapata Enterprises (ZZE) builds, sells and maintains computer systems and peripherals, as well as repairing computers with problems. Unless specifically stated beforehand, ZZE only supplies brand new top-class computers and components. It is important that ZZE customers understand the obligations of seller and buyer in all transactions.
TERMS AND CONDITIONS OF SALE
- CUSTOMER ACKNOWLEDGEMENT - The Customer acknowledges agreement with these Terms and Conditions of Sale by the placement of an order to purchase product from ZZE. All goods are supplied on these terms and conditions only and no person in the employment or otherwise as agent for ZZE 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 - ZZE 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. Custom-built computers will not be refunded, because they comprise of components sourced from a number of suppliers. 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 ZZE, a restocking fee of up to 25% may apply.
Note: 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 or defective. Because of this, we are unable to 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 ZZE, unless faulty. Unless agreed otherwise prior to purchasing, all sales shall be considered firm sales.
- WARRANTY INFORMATION - All products sold by ZZE are covered by manufacturer warranty that accompanies the product unless otherwise stated. ZZE makes no additional or independent warranty. ZZE 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.
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 ZZE 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 ZZE, the Customer shall be liable for all loss and damage, including consequential loss and damage suffered or incurred by ZZE as a result thereof and at its discretion, ZZE may charge a restocking fee of up to 25% of the purchase price.
The goods shall be at the Customer's risk at the point of delivery. The Customer, upon taking delivery of the goods, shall immediately examine the goods and give written notice to ZZE 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 ZZE 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 ZZE in respect of any loss or damage to the goods during such bailment.
- 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 ZZE in delivering any part of the goods on or before the payment date. In addition to any other rights or remedies of ZZE in the event of the Customer’s default hereunder, ZZE shall be entitled:
- 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 percent 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 licenses ZZE, 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 ZZE as a result of the Customer’s default;
- At the sole discretion of ZZE charge a restocking fee of up to 25% of the purchase price.
- At the sole discretion of ZZE put the Customer account credit on hold and suspend the supply of goods and services (including RA).
- ERRORS AND OMISSIONS - At ZZE, 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. ZZE 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, ZZE shall maintain the right to refuse or cancel any orders placed. If the order has been confirmed and charged to your credit card, ZZE shall immediately issue a refund.
- LIMITATION OF LIABILITY - ZZE, 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, ZZE’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.
- 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 ZZE shall be brought by the Customer exclusively in the state or federal courts situated in the State of New South Wales.
- GENERAL - ZZE 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.
IMPORTANT INFORMATION FOR THE CUSTOMER
ZZE supplies computers in full working order and unless the Customer requires otherwise, with the Windows Operating System installed. All other software and configuration is entirely the responsibility of the Customer. Installing software, updates and configuring a computer is very time-consuming, so if a Customer requires these services, ZZE will be pleased to oblige at the current consultant rates.
It is totally up to the Customer to keep the computer software operating properly. Hardware such as disk drives, motherboards and video cards are under warranty until it expires, but software problems are entirely the Customer's responsibility from the start. If viruses, Trojan horse programs or other malicious software are allowed to infect a Customer's computer, then either the Customer will have to learn to fix it or pay a consultant such as ZZE to perform repairs.
Disks and manuals that come with equipment are most important and should be stored in a very safe place. Driver installation disks are often needed to perform re-installations of hardware. Software installation disks are needed to re-install corrupted programs or additional features that were not installed originally. Manuals contain vital instructions regarding technical details and setting-up instructions. The Customer has an obligation to keep this material and make it available if a computer is to be repaired by ZZE.
The Customer has an obligation to record usernames and passwords and keep them confidential. Some of these usernames and passwords may be required by ZZE to restore services when a computer is being repaired. If the Customer cannot provide ZZE with this information, ZZE will not be able to restore any services that rely on them and then the Customer will have to arrange the restoration of those services.
Commercial software can always be replaced, but what can never be replaced are the files that users create themselves if they are lost and no backups exist. If a hard disk drive crashes, in most instances data is totally unrecoverable. Sometimes important files are accidentally erased permanently so they cannot be recovered. In such cases, backups of user-created files such as Word and Excel documents and your photographs are vital. The Customer has the responsibility for backing up valuable data, as ZZE may not be able to recover it from a failed hard disk drive.
New operating systems may not be able to accommodate old hardware and software. If the Customer purchases a computer running Windows 64 bit Operating System, he may find that some of his old peripherals will not work with the new computer, because the manufacturers have not bothered to write the necessary drivers. No manufacturer is going to waste time providing drivers for obsolete equipment that is many years old, so the Customer must understand that he may have to purchase new peripherals to go with his new computer. it is the same situation with software. Many Windows 98 programs will not operate on the latest Windows 64 bit computers, so software upgrades will be necessary.