TERMS AND CONDITIONS OF SALE PLEASE READ THEM CAREFULLY
The use of this website is governed by the TERMS AND CONDITIONS OF SALE set out below.
Your use of this website and/or the purchase of any Products from KYE Technology Pty Limited ACN 094253764 ("Kye") indicates your acceptance of the Terms and Conditions.
Kye reserves the right to make changes to this website and to associated sites, and to these Terms and Conditions at any time without any prior notice. You are bound by any such amendments and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Kye is the Product/Service provider: it is also referred to as "us", "we" and "our". The Customer is the person, organisation or corporation who purchases or seeks services from Kye, it is also referred to as "you" and "your".
Kye is not liable for any damages that may occur from the use or misuse of any Product(s) sold on this website.
A. Placing an order
- To place an order, a Customer needs to firstly complete the order form on our website. This form is used to ensure that the Customer lets us have all of the required information, so that there will be no unnecessary delays in processing your order.
- Using our on-line ordering system whenever possible reduces the opportunity for errors and improves efficiency. Other forms of ordering are accepted only if our on-line ordering system is malfunctioning or you have difficulty using it. Other ordering methods include e-mailing our sales department or submitting an order by facsimile or telephone. Local customers may call into our office to complete an order form if necessary. For some organisations, where a purchase order is necessary, we still encourage the orders to be placed on-line and followed by a purchase order.
- We keep very little (if any) stock on hand at our office. Our whole system (and pricing) has been structured for orders to be placed and processed on-line. Local Customers who want to pick up from us are asked to place their order on-line and then wait for our reply confirming the product(s) is at our office and is ready for collection.
- Customers must ensure that the Product(s) that they have specified on the order form are suitable for the Customers purpose, that they are compatible with each other and with the Customers existing equipment and software, and that they meet the Customers requirements, specifications and expectations.
- We take no responsibility for goods that do not meet the Customers requirements, specifications or expectations. Any suggestions that may be offered by our consultants should be taken as a guide only.
B. Cancelling an order
- No order can be cancelled without the express permission given in writing by Kye, and then only on terms that indemnify Kye against any and all lose or damage.
- Any cancellation request of an order must be made as soon as possible. Cancellations attempted after the goods have been dispatched from the distributor will result in the Customer having to pay the shipping and handling charges on the package, the cost of shipping the package back to the distributor, the distributors restocking fee (usually around 20% with a minimum fee of $25.00), and a 10%, with a minimum $25.00, cancellation fee of the purchase price.
- Kye and/or the distributor will only accept the cancellation and/or retuned of Product(s) if it is returned in exactly the same condition that its was when it was dispatched by them (that is in a saleable, unopened condition) and that the packaging has not been opened or tampered with.
- A cancellation request for an assembled system order will not be accepted under any circumstances once we have started work on that system. Our distributors will not take back product from anyone where the packaging has been opened.
- Cancellation requests may be communicated by email, facsimile or telephone.
C. Prices and Availability
- All orders placed, whether on-line or in any other form, is subject to confirmation and acceptance by Kye.
- Products, pricing and availability displayed on our website should be considered as a guide only. Prices and availability will be confirmed upon receipt of a completed order form from the Customer, and this confirmed price and availability shall be valid for that day only.
- Delivery and/or installation is not included in our published prices, and if delivery and/or installation is required, the Customer shall be liable to pay all such delivery and/or installation costs for any Product(s) that the Customer purchases.
- Kye may vary prices for received orders in the event of changes, or in the event of mistakes made by us or by the distributor or suppliers. In the case of a price increase, you may cancel the order by giving notice to Kye, which must be received within seven days of the price increase notification.
- Prices, specifications and availability are all subject to change without notice. All prices quoted include GST, if applicable. Delivery and any installation/set-up are not included in these prices.
D. Payment
- Our payment terms are strictly "Payment Before Delivery". That is, we require cleared payment before goods are shipped from us or our distributor.
- For on-line orders, payment may be by internet bank transfer, credit cards (Visa/ Master card/Bankcard), cheque and money order. Local customers may choose to call into our office if they wish to pay cash.
- Products will only be dispatched from the distributor until after we receive cleared payment for the order.
- If paying by cheque or money order please make it payable to: KYE Technology Pty Limited .
- There is no additional charge for credit card payment, and we do not charge your credit card until the goods are ready to be shipped.
- When doing an internet bank transfer into our account, the Customer must include the Order Number as the deposit Reference.
- Title of the Product(s) supplied does not pass to the Customer from us until the full amount, including any delivery and/or installation costs, are received, a cleared funds, by Kye.
E. Shipping
- We do not ship to a Post Office or a Post Office Box.
- We do not ship to third party addresses unless that address is known and can be verified by us.
- Customers are responsible for paying any additional freight charges incurred by refused shipment and unclaimed goods. We will make every effort to deliver on time. However, we shall not be held liable for delay or lost shipment.
- Customers are responsible to have someone at the delivery address to sign for and accept the delivery. The Customer is liable for any and all re-delivery attempts, if the delivery address is unattended at the time of delivery. Courier deliveries are made during normal business hours, Monday to Friday, and the courier requires a signature as proof of delivery. If no-one is able to take delivery of the Product(s) from the courier, your order will not be left for you unless you have made prior arrangements in writing with us to do so. This will be at your own risk.
- If you need to arrange for the courier to call back again this may incur another delivery fee.
- Any incorrect, missing or damaged items received must be reported to us within 24 hours of you receiving the delivery. This can be done by e-mail, telephone or facsimile.
- If Product(s) received is not what was ordered please do not open the sealed package in which it was sent. Any attempt to use the incorrect Product(s) will be deemed to be acceptance by the Customer of the Product(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.
- Kye owns the title of any extra goods shipped with your order that have been dispatched in error.
F. Refunds
- Kye does not offer refunds for any reason whatsoever.
- It is the Customers responsibility to ensure that the Product(s) they order is suitable for their requirements, and that it is compatible with their existing hardware and software.
- Products will be repaired or replaced if faulty, as per our warranty conditions.
- There will be no credit given on order price difference, due to price drops. Please select carefully at the time when you place your order.
G. Warranty claims
(1) General
(a) We do not warrant the following with our computer parts or peripherals, systems or software - end user error, incorrectly configured software drivers, incorrectly configured BIOS settings, incorrectly configured hardware drivers, physical damage, application errors or operating system problems not caused directly by hardware failure, wear and tear through normal usage.
(b) We are more than happy to test (for hardware problems) any component purchased from us that is not working. If a product is returned for testing and is found to be genuinely faulty, it will be replaced as per our standard hardware warranties (see below).
(c) If the goods are found to be faulty or damaged by reasons that are out of the control of the manufacturer (eg. mishandled, misinstalled, modified, tampered, abused, physically damaged, power surges, used under wrong voltage etc.) all warranties will be voided and we will charge the Customer for the labour cost for testing those goods.
(d) A large percentage of returned goods are found to be not faulty. If the returned goods are determined by us to not be faulty, we will charge the customer for the labour cost of testing those goods where no fault was found.
(e) All hardware sold by us comes with a one-year "back to distributor" warranty (parts only, labour and freight are not included). All freight charges are the Customer's responsibility.
(f) Warranty for individual parts we sell are provided by the manufacturers, not by us. If components sent back for warranty are no longer current, the repair or replacement will be at the discretion of the manufacturer.
(g) Goods under warranty cover will be replaced or repaired by the manufacturer. No refund will be provided under any circumstances.
(h) Warranty only covers Product(s) sold by us. Warranty does not cover any other equipment used in conjunction with the Product(s) sold by us.
(i) We do not handle warranty claims for those goods where the manufacturer accepts direct warranty claims from Customers. Most of the monitors, printers, notebooks etc are covered by direct manufacturer warranty.
(j) Under no circumstances will we be liable to the Customer or to any user for any wages, expenses, lost profits, lost savings, damage to or replacement of equipment or property, costs of recovering programming or any programs of data stored in or used with the products, or other damages arising from the inability to use the above product. In the event that the manufacturer of a particular component or product should cease to exist then any associated warranties will become null and void.
(2) Hardware - Parts
No system specific support is included for parts-only purchases. This includes hardware driver problems, software driver problems, operating system specific problems, software problems, BIOS settings (including flash BIOS upgrades) and incompatibility with existing hardware.
(3) Hardware - Brand name Computer Systems
Any computer system that has been manufactured or assembled by someone other than ourselves (IBM, Compaq, HP, Toshiba etc) will have it's own warranty over which we have no control. Details will be included in the documentation that accompanied your purchase.
(4) Hardware - Computer Systems that we build ourselves
(a) All systems that are returned to us under warranty conditions will be returned to the Customer in the condition they were in at time of delivery back to us.
(b) The liability of Kye is limited to making good any defects, or at our option by replacement, within a period not exceeding 12 months from the invoice date so long as:
(i) defects have arisen solely from a manufacturer's faulty materials or workmanship;
(ii) the goods have not been damaged (eg power surges etc) or interfered with;
(iii) defects have not been caused by any accessories or alterations made after the goods had been dispatched to the customer;
(iv) any manufacturers or distributors warranty stickers have not been removed or damaged;
(v) any seals of any kind on the goods remain unbroken;
(c) Computer systems built by us carry a 12 months "return to us" parts and labour warranty (freight is not included).
(d) This can be upgraded to an "onsite warranty" at additional cost if required. Please let us know if you would like information on the options that are available to you. We are able to offer 1, 2 and 3 year on-site warranty plans on all computer systems and notebooks that we sell.
(e) Warranties are not transferable.
(f) The system warranty only covers the system unit, which comprises the case and the components inside the case at the time of purchase (which would included the case and power supply, and items such as the motherboard, cpu, ram, hard disk drive(s), cd drives(s), floppy disk drive, video card, sound card, network card, modem card). It does not extend to any peripheral components.
(g) Certain peripherals that may accompany your computer system purchase (such as monitors, printers, scanners) will be covered by the manufacturers own warranties, and you should refer to the documentation that accompanied these devices.
(h) Our "return to us" warranty means that you must return the computer system to our office for repair.
(i) Our Warranty does not include any on-site labour charges. If you want to have repairs carried out on-site, our costs of attending on-site, and the time we spend on-site, will be billed to and payable by you at our regular service rates.
(5) Software
(a) No warranty is offered in relation to any software supplied or provided by us.
(b) No end user software support is included with our systems or with any hardware or software sale.
(c) It is the responsibility of the Customer to ensure that any software they purchase is not only compatible with their computer system, but that it will also do what they expect it to do, and that they will be able to determine how to use it.
(d) Operating system problems are covered by your computer system warranty only if they are caused directly by hardware faults, and only if the operating system was installed by us at time of purchase.
(e) Software manufacturers may offer some very limited warranty conditions - details (if any) may be printed on the software packaging, or may be found in the terms and conditions that they ask you to agree to as you install the software on your computer.
(6) Service work
Any parts that are supplied and installed by our Technicians during service work are covered as per our "hardware -parts" warranty above.
(7) Return of Goods
(a) The first step if you are having problems is to tell us about it. We will then assess your situation, and may be able to suggest some solutions to your problem.
(b) If it is necessary for the goods to be returned, a Return Form (RF) must be completed by the Customer and we will then allocate a RF number to the Customer. The issue of an RF number does not constitute acceptance of liability by us for any damage or fault in the goods.
(c) Customers must request a (RF) number prior to returning any goods to us.
(d) Customer must then return the goods and a completed RF together with a copy of the original invoice to us.
(e) The RF number is deemed effective for only 10 days including the day of issue. The RA number can be obtained by e-mail, telephone or facsimile. An RF number will only be issued when we consider the item is in fact faulty from the descriptions provided to us by the customer.
(f) Customer is responsible for proper packaging of RF returns. All warranties will be void on items that are insufficiently or inaccurately packaged.
(g) Customer is responsible for all the shipping charges associated with returning the defective merchandise. If any Product(s) returned for warranty claim is determined to be physically damaged, the Product(s) will be returned to the customer as is.
(h) Kye will refuse to accept any goods that are returned without the completed RF and a copy of the purchase invoice, or that are in inadequate packaging.
(i) Customer is responsible for any shipping and insurance cost involved in sending the warranty claim Product(s) back to us. We are not responsible for any parcel missing in transit, on its return back to us.
(j) When goods are returned to us the Customer must ensure that any extras that came with the purchase are included with it. We cannot return your equipment to you quickly or configured correctly if we do not have the required software or hardware to allow us to adequately test those parts.
(k) Products returned for warranty will be repaired or replaced at the option of the Distributor of that product. We will endeavor to have repaired products returned as quickly as possible.
(l) Temporary replacement items will not be supplied.
(m) We are not responsible for data contents or the security of the data contents contained in any returned goods. All care will be taken to preserve data, although this may not always be possible. We accept no responsibility for data stored on systems or storage devices that are returned for repair.
(n) Repair work carried out may result in data loss. Kye is not liable to the customer for any loss of data. Our workshop operates under strict guidelines and makes every effort to preserve Customer data. Despite this customers should back up any data prior to sending the goods back to us, as data can be destroyed during our testing. It is also beyond the scope of our control once the device is sent to our suppliers.
(o) We do not provide a data recovery service.
(p) It is the Customer's responsibility to ensure that all important data is backed up
(8) Warranty turnaround time
(a) Turnaround time for warranty claims largely depends on the suppliers or the distributors. We will try our best to speed up the process. Please understand the time involved for a warranty claim will include our time to test the item, shipping back to the supplier, supplier's own test and replacement/repair, and the shipping back to us.
(b) We do not provide advance replacement under any circumstances. Please keep this in mind when you place your order. We are not responsible for any losses resulting from the time it takes to have the faulty item replaced or repaired.
(c) If you will be using the item(s) for mission critical tasks, be it running a business, using it to prepare an examination, using it for a pre-organised activity etc, you should consider purchasing it from a provider that offers instant replacement.
H. Exclusion of Liability
(a) KYE accepts no responsibility for performance of equipment and systems not supplied and/or installed by KYE.
(b) Under no circumstances will KYE be liable to the Customer, or any third party associated with the Customer, for any and all direct, indirect, special, consequential or exemplary loss or damage, including, but not limit to damages for loss of profit, goodwill, costs, use, data and/or any other intangible losses that result from any Product(s) or Services and/or any act, omission or negligence of KYE whatsoever.
(c) In the event that KYE is held liable to any Customer, or any third party associated with the Customer, for any reason and any amount whatsoever, for including but not limited to any act, omission and/or negligence of KYE, such liability of KYE shall not exceed the value of amount paid by the Customer for the Product under this Agreement between the Customer and KYE.
(d) KYE will not be held responsible for any content, material, information, comment(s) or opinion(s) posted or transmitted via our system, site or services.
(e) A waiver of our rights is not implied, if we do not exercise or enforce any right available to us under these terms and conditions.
I. Freight Charges
All freight charges are the responsibility of the customer.
J. Copyright
(a) You should assume that everything you see or read on this website is copyrighted, unless otherwise noted and may not be used without the written permission of Kye. Kye neither warrants nor represents that your use of materials displayed on the website will not infringe the rights of third parties not owned by or affiliated with Kye.
(b) Images of people or places displayed in the website are either property of, or used with permission by, Kye. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere in this website. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered Trademarks of Kye and others. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of Kye or such third party that may own the Trademarks displayed on this website. Your misuse of the Trademarks displayed on this website, or any other content of this website, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Kye will aggressively enforce its intellectual property right to the fullest extent of the law, including the seeking of criminal prosecution.
K. Force Majeure
Neither party will have liability for delays, failure in performance or damages due to: fire, explosion, power failures, pest damage, lightning or power surges, strikes or labour disputes, water, acts of God, war, civil disturbances, terrorism, acts of civil or military authorities, inability to secure raw materials, transportation facilities, fuel or energy shortages, performance or availability of communications services or network facilities, or other causes beyond the party's reasonable control. The foregoing will not apply to payments of fees for products delivered or installed, as applicable, or Services performed.
L. Severability
Each and every provision of this Agreement and each and every part hereof, shall unless the context otherwise necessarily requires it, be read and construed as a separate and severable provision, or as separate and severable parts thereof, so that if any provision, or part thereof, is void or otherwise unenforceable for any reason, then that provision, or part thereof, as the case may be, shall be severed and the remainder shall be read and construed as if the severable provision, or part thereof, had never existed.
M. Governing Law
These terms and conditions and your membership are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.
N. Entire Agreement
These Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written and constitute the entire agreement between the parties relating to the subject matter of these terms and conditions.
Disclaimer
Due to changing market forces and other extenuating circumstances that affect product availability and price stability, we reserve the right to withdraw any Product(s) we advertise and change prices without notice.
Information contained throughout this website and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
Prices, specifications and availability are all subject to change without notice. All prices quoted include GST if applicable. Delivery is not included in these prices. Installation/set-up is not included in these prices.
Kye has not reviewed all of the sites linked to this website and is not responsible for the contents of any off-site pages or any other sites linked to this website. Your linking to any other off-site pages or other sites is at your own risk.
While Site Owner uses reasonable efforts to include accurate and up-to-date information on the Site, Site Owner neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Site Owner.
Privacy Policy
(a) KYE may collect personal information about the Customer through the use of this Website.
(b) You agree that KYE may use this information, including but not limited to personal information, to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing services to you, and for any other use that you authorize or as required by law.
(c) We will not sell or allow third parties to access your information without your consent, however you agree that KYE may disclose your information, to the relevant authorities if we consider that you are in breach of any or all of these Terms and Conditions, at any time.
(d) We reserve the right to store any information you enter, even if deleted from tools provided on the site.
Legal Site Notice
(a) The information contained on this website is not intended for use without professional advice. Reliance on any information on this site is at your own risk.
(b) To the fullest extent permitted by applicable law, Kye shall have no liability whatsoever, including without limitation, any claim, damages, loss or expense, whether direct of indirect including consequential loss or loss of profit, arising out of or in connection with this website or the contents of this website, or the user of the products and services described herein.
(b) Unless otherwise indicated, this website and its contents, including but not limited to all text, HTML code, graphics, button images, and the sight design and "look and feel", are the property of Kye. This website and the material on this website may not be modified, copied, distributed, republished, downloaded, uploaded or commercially exploited in any manner without the prior written consent of Kye. No intellectual property or other rights in or on this website or its contents are transferred to you.
(c) The posting of any content or material to this website and the creation of a link from this website to any other website is expressly prohibited, without the prior written consent of Kye. Kye reserves the right to change, modify or update these Terms and Conditions at any time without notice.