Web Site Terms and Conditions
1. Info Tech Guys Pty Ltd Trading As The IT Guys (WA) (“THE IT GUYS”) provides this service in good faith, and shall not be liable for any loss or damage of any kind whatsoever (including but not limited to damages for loss of business profits, business interruption, loss of data or data corruption) attained by individual(s), business(es) or other entities arising from the use of this web site (“Site”). Individuals, businesses and entities using this Site do so at their own risk.
Use of this Site refers to information obtained by the user from the Site, advice given to the user electronically, any financial transaction occurring electronically between the user and THE IT GUYS (and its employees), over the internet (or arising from the internet), or any other course of action executed.
2. All material on this Site is the property of THE IT GUYS. Text, images, design, programming code and any other content available on the Site remain the property of THE IT GUYS and is copyright.
3. Technical specifications and price may change at any time without warning. THE IT GUYS need not give notice or warning of price or specification changes. Actual specifications may vary slightly depending on features, components and availability.
4. All orders are subject to our General Conditions of Trade. For all purchases we reserve the right to make adjustments to information or pricing due to typographical errors, market factors or manufacturer price changes, which may occur at any time without notice.
5. Links to third party material are provided solely as a convenience to you. THE IT GUYS does not control and is not responsible for their content, and thus does not endorse any information, software or other materials found there. If you decide to access any third-party material you do so at your own risk.
General Terms and Conditions
It is agreed between Info tech Guys Pty Ltd Trading As The IT Guys (WA) (“THE IT GUYS”) and the Customer that THE IT GUYS will:
I. perform the work (“the Work”) described in the Order and/or
II. supply the equipment (“the Equipment”) described in the Order,
On the following conditions:-
1. THE IT GUYS will rectify at its own expense and at a place nominated by THE IT GUYS any defective work reported to it within thirty (30) days from the date of completion of the Work provided that the Work has not been misused, corrupted or modified in any way on inspection by THE IT GUYS.
Warranties
2.1 THE IT GUYS warrants that at the date of supply of the Equipment to the Customer, to the best of its knowledge and belief, the Equipment is free from defects in materials and workmanship.
2.2 In accordance with the warranty specified in clause 2.1, THE IT GUYS shall repair or replace, at its own expense and at a place nominated by THE IT GUYS:-
(a) where the Equipment comprises of hardware components, within a period not exceeding twelve (12) months from the date of supply;
(b) where the Equipment comprises of computer systems, within a period not exceeding twelve (12) months from the date of supply;
(c) in all other cases, within a period not exceeding thirty (30) days from the date of supply,
the defect in the Equipment, as determined by THE IT GUYS which renders the Equipment unsuitable for the ordinary use determined by THE IT GUYS.
THE IT GUYS shall not be liable under clause 2.2 if the serial number is removed or defaced, or the defect is the result of:-
(a) faulty materials or workmanship not provided by THE IT GUYS;
(b) accident, improper use or mismanagement whether by the Customer, or a third party;
(c) operation of the Equipment other than in accordance with any operating manuals supplied by THE IT GUYS;
(d) use of the Equipment in a manner contrary to law;
(e) subjection of the Equipment to unusual or non-recommended physical, environmental or electrical stress;
(f) faulty or improper installation or reinstallation of the Equipment, or moving of the Equipment by a person other than THE IT GUYS;
(g) the Customer's failure or refusal to install engineering changes or enhancements recommended by THE IT GUYS;
(h) fair wear and tear of the Equipment;
(i) any alterations, modifications or additions to the Equipment not authorised by THE IT GUYS;
(j) fire, floods or acts of God;
(k) incorrect voltage to the Equipment and mains supply problems to the Equipment;
(l) infestation of the Equipment by insects or vermin;
(m) any damage to the Equipment which in THE IT GUYS's opinion could have been avoided had THE IT GUYS been notified by the Customer within a reasonable time of the occurrence of such damage.
2.4 THE IT GUYS's obligations under sub-clause 2.2 shall extend to installation of replacement and/or repaired parts in respect of the defect in the Equipment, where such replacement and/or repaired parts were originally installed by THE IT GUYS.
2.5 Replacement and repaired parts in respect of the defect in the Equipment are warranted until the expiry of the original warranty period pertaining to the Equipment as specified in sub-clause 2.2 above.
2.6 Products and equipment supplied by THE IT GUYS is based on the manufacturers' warranty terms and conditions. THE IT GUYS will process all warranty claims with the manufacturer on behalf of customers.
2.7 THE IT GUYS does not handle warranty returns for products that already provide a direct manufacturer to customer warranty service. These products include, but are not limited to, printers, scanners, laptops and monitors. Refer to your warranty terms for specific details.
2.8 Products returned for warranty claims will be repaired or replaced by the manufacturers. No financial refunds will be provided under any circumstances.
2.9 Products within the warranty period which have been discontinued by manufacturer shall be upgraded to similar product, or a credit will be given at the current market value or purchase price (whichever is lower), less our restocking fee, and at the discretion of the supplier.
2.10 Proof of purchase, a copy of the original receipt and a detailed fault description must be included with the product sent for warranty claim.
2.11 All shipping charges to and from THE IT GUYS incurred in a warranty claim are the expense of the customer. We only cover the cost of sending warranty from THE IT GUYS to our suppliers.
2.12 Products under warranty must be properly packaged in a condition acceptable by the vendor. (Please provide original packaging if possible, or adequate safe packaging, as insufficient safe packaging will result in warranty being voided).
2.13 Products returned to us under warranty that are tested and found to be without fault may be charged a labour fee of :30m: at the discretion of the company.
2.14 THE IT GUYS WILL NOT BE LIABLE IN ANY WAY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT LOSS RESULTING FROM FAULTY SYSTEMS OR PARTS. These may include but are not limited to, loss or use of data, or profits.
2.13 THE IT GUYS has a 7 (seven) day DOA (Dead on Arrival) period, whereby if a product is found to be DOA, we will provide replacement, subject to our testing before approval. Shipping back DOA goods to you will be at the company's expense.
2.14 THE IT GUYS is not responsible for any data loss. Backing up of data is the responsibility of customer. We do not provide a backup service or data recovery when sending hard disk for warranty claims to the manufacturer.
2.15 Turnaround time for warranty returns may depend on the availability of the replacement product from manufacturer/distributors. The process of warranty return involves the shipping of warranty to THE IT GUYS, the time it takes for us to test the products, filing of warranty request to our suppliers and waiting for the approval, the shipping of warranty to our supplier and supplier's own testing, if there is replacement stock then it will be shipped to us, otherwise there will be further delay in coming back to us.
2.16 THE IT GUYS will not be responsible to keep any warranty returns sent to THE IT GUYS that is unclaimed or has not been picked up for any longer than 3 months.
Liability
THE IT GUYS shall not be liable for any loss or damage of any kind whatsoever (including but not limited to damages for loss of business profits, business interruption, loss of data or data corruption):-
3.1 arising in any way from the Work or the use or inability to use the program, system or equipment on which the Work is performed.
3.2 arising in any way from the supply and/or installation of the Equipment or any repairs or replacement of the Equipment; or
3.3 Under no circumstances shall THE IT GUYS be liable for any loss or damage to the Equipment or the system, program or equipment on which the Work is performed where such loss or damage occurs in transit or otherwise results from a cause beyond the reasonable control of THE IT GUYS.
Except as provided in clauses 1 and 2 of these Conditions, THE IT GUYS disclaims all warranties, express or implied, in respect of:-
4.1 the Work or any materials used by it in performing the Work;
4.2 the Equipment.
5 Risk in the Equipment shall pass to the Customer once the Equipment leaves THE IT GUYS's place of business.
Possession
6.1 Property in the Equipment shall not pass to the Customer until the Equipment, and all other equipment supplied by THE IT GUYS and/or work performed by THE IT GUYS, has been paid for in full.
6.2 The Customer acknowledges that until that time the Customer is in possession of the Equipment solely as bailee for THE IT GUYS.
6.3 The Customer's right to possession of the Equipment ceases if payment for the Equipment is due but not paid. In that event THE IT GUYS may enter any premises where the Equipment is, or reasonably thought to be, and repossess it.
6.4 Until the property in the Equipment passes to the Customer:-
(a) The Customer may fix or install the Equipment into the Customer's system or equipment on condition that resulting product (“the Product”) will be THE IT GUYS's property as surety of full payment for the Equipment.
(b) Until the Customer uses or sells the Equipment, the Customer must store the Equipment separately so that it is clearly identifiable as THE IT GUYS's property.
(c) The Customer may fix the Equipment into the system or equipment of any third party on condition that the resulting product (“the Product”) will be deemed to be owned in common by THE IT GUYS and the third party.
(d) The customer may sell the Equipment or the Product (or the Customer's interest therein) in the ordinary course of the Customer's business on the following conditions:-
i. The Customer makes the sale as THE IT GUYS's agent and bailee.
ii. Any proceeds of sale received by the Customer are held by the Customer on trust for THE IT GUYS and the Customer must keep such proceeds separately so that they are clearly identifiable as THE IT GUYS's.
iii. If the Customer has not received the proceeds of sale, the Customer will, if THE IT GUYS so requires, assign to THE IT GUYS the Customer's rights in respect of the sale price.
Payment
7.1 Payment for the Work and/or for the Equipment shall be made by cash, cheque, credit card or Electronic Funds Transfer immediately on completion of the Work and/or supply of the Equipment unless THE IT GUYS has agreed to provide credit to the Customer. The Customer shall pay THE IT GUYS any costs incurred by THE IT GUYS in respect of any dishonoured cheque or disputer or revoked credit card transactions
7.2 Payment by any type of cheque is subject to banking clearance period of 3-5 working days, we do not process or ship out goods until all payments have been received first. Please make cheque payable to THE IT GUYS.
7.3 If paying by credit card, the customer must provide accurate details as we require and allow THE IT GUYS to be able to verify their details with their financial institutions.
7.4 THE IT GUYS may refuse to accept a credit card payment if it deems to have insufficient verifiable information.
When paying by credit card, customer must be contactable on land line at the listed delivery address, no mobile phone or unlisted number will be accepted as a contact number.
7.5 Customer will be required to fax/photocopy the credit card detail & their driver licence & signed Authorisation Form when placing an order with credit card details that is not verifiable.
For pickups card holder must pick up goods themselves.
7.6 In respect of any agreement between THE IT GUYS and the Customer as to the provision of credit to the Customer, the Customer hereby acknowledges and agrees that:-
(a) the Customer will enter into a credit contract with THE IT GUYS in the form attached to these Conditions upon the terms and conditions contained therein;
(b) any reminder letter sent to the Customer, save the first, in respect of any account which is more than seven (7) days overdue shall be subject to an administration fee of $5.00;
(c) the Customer shall pay THE IT GUYS any costs (including but not limited to debt collector's commission and costs) incurred by THE IT GUYS to recover, or to attempt to recover, any overdue payment;
(d) the Customer shall be liable for any costs incurred by THE IT GUYS in respect of any dishonoured cheque or financial transaction
Compatability
8.1 Compatibility between all hardware or software products is not guaranteed. No refund/replacement will be available for incompatibility problems.
It is the customers' own responsibility to ensure compatibility issues between all hardware or software are resolved prior to ordering.
8.2 THE IT GUYS has limited information regarding compatibility, so customers are encouraged to do their own research first.
It is generally recommended to purchase products made by the same manufacturer to ensure more compatibilities.
Cancellation of orders
9.1 Cancellation of order where it involves a computer system being built will result in a minimum of 20% deduction for the loss of our time and depreciation of goods.
9.2 Cancellation of specially ordered item will result in a minimum of 20% restocking fee. No refund after the special ordered has arrived at our warehouse.
9.3 Cancellation must be informed as soon as possible. Any cancellation after a product has been packed and shipped out will not be accepted. Thus, resulting in the customer paying for total invoice.
Pricing
10.1 All prices quoted on the website are INCLUSIVE OF GST, but NOT including freight and handling charges, and is based on cash or direct deposit payments only.
10.2 All prices are subject to change without notice. By placing the order, the customer has agreed to pay the prices quoted at the time of purchase.
10.3 If an item undergoes a price increase, we reserved the right to cancel your order or give you the option to pay the difference.
10.4 The final price will be verified via your order confirmation, which will be sent via email or given over the phone.
11.1 All of our advertised prices are already inclusive of GST. We do not sell ex-tax prices to any individuals or businesses.
11.2 We are registered to collect GST on behalf of ATO, and GST components (10% Goods and Services Tax) are shown in our invoices.
11.3 You are not required to give your ABN number for purchasing products from us.
11.4 We cannot sell duty free to anyone including overseas travellers. However for overseas travellers, they are able to purchase from us and claim back the GST from the customs department before you leave as long as you provide the invoice/receipt.
Copyright and Trademarks
12.1 Manufacturer's images and links used on our websites are reserved copyrights and trademarks of their respective owners.
12.2 All original images as well as links are used to allow a more up-to-date and accurate information being passed on to the visitor of this website.
We do not own or publish the contents of the information within the links. We are only the reseller of the products.
Shipping and Insurance
13.1 We reserve the right not to deliver to addresses not listed in the White Pages.
13.2 Shipping to postcodes outside metro areas may be subject to additional freight fees. Arrow has the right to decline orders where the cost of freight exceeds normal rates.
13.3 All prices listed for each product do not including any shipping charges or insurance.
13.4 Insurance charges are optional and to be paid by customer at their request. Contact our dispatched department for a quote of insurance.
13.5 We reserved the right not to deliver to PO BOX.
13.6 THE IT GUYS currently DO NOT and have any plans to ship overseas at this time.
13.7 Shipping address must have a complete contact detail that can be verified by phone call (as listed on White pages).
13.8 We do not ship orders to a third party, unless THE IT GUYS can verify all address and contact details.
13.9 Delivery to work address or non-residential address must be accompanied with the full verifiable details such as company name, address, contact name and phone number.
13.10 Customer is responsible to be available for delivery and to sign and accept the goods, redelivery attempts will be charged to customer if delivery address is unattended.
13.11 Shipping and insurance charges are non-refundable.
13.12 Customers is solely responsible for ensure that accurate shipping information is provided when making an order for delivery. Please contact us ASAP if you find that the provided shipping information is incorrect or requires a change. Changing shipping information on the website does not update existing orders as they have already been processed.
13.13 Customer is responsible for all freight charges, for redeliveries, refused shipments/incorrect delivery details and these are added to the invoice total.
13.14 Dimensions/oversize weights are applied to freight charges when applicable.
13.15 All claims for damage/pilferage must be filed with delivering carrier. THE IT GUYS will not file this for you. If goods received seems to have damaged packaging DO NOT open any original packaging or use the item as it will be deemed to be acceptance of goods and will not be accepted for returns. All original boxes and packing material must be returned to us for proof of evidence. All claims for shortages/miss-shipments/miss-billings must be made within 24 hours of receipt of goods. THE IT GUYS WILL NOT BE RESPONSIBLE FOR GOODS LOST OR ARRIVED DAMAGED if customers use their own couriers. Split Shipments incur individual shipping charges.
Quotations/Estimates, Orders and Changes
14.1 THE IT GUYS quotations are valid only if in writing & for 28 days after the quotation date, unless otherwise stated in the quotation.
14.2 All Orders for Products &/or Services shall be regarded as an offer by the Customer to purchase Products &/or Services under the terms of this Agreement.
14.3 THE IT GUYS accepts the Customer's offer to purchase under this Agreement & makes a binding Agreement by issuing an Order Confirmation. Order confirmation is binding except, in the case of Consumers only, where there is a discrepancy between order confirmation and what consumer ordered and where discrepancy is unacceptable to the consumer. It is recommended that Customers review the Order Confirmation & notify THE IT GUYS within a reasonable period of time (no more than 48 hours after delivery) of any discrepancies that are noticed.
14.4 THE IT GUYS reserves the right to increase its prices whilst supplying non standard products/services to its Customers and will not allow cancellation of orders for non standard Products after processing of Orders.
Privacy Statement & Policy
15.1 THE IT GUYS is highly committed in complying with the Australian and international privacy laws and to protect our customers privacy.
15.2 THE IT GUYS collects details from its customer for the sole purpose of processing the customers' order more efficiently and invoicing.
15.3 THE IT GUYS does not store or have access to customer's credit card details.
15.4 THE IT GUYS DO NOT disclose, sell or trade any collected information of its customers to any third parties other than those used to verify the order, such as bank or the financial issuer of credit card.
15.5 THE IT GUYS will provide the customer details to the appropriate authorities if the information we received is deemed to be false, misleading or fraudulent.
15.6 All fraudulent transaction will be pursued and offenders prosecuted to the fullest extent of the LAW.
Misc
16.1 These Conditions and the Order of which these Conditions form part constitute the entire agreement between the parties in relation to the Work and/or the Equipment and all prior agreements, warranties, representations, undertakings and guarantees in relation to the Work and/or the Equipment shall not be of any force or effect.
16.2 THE IT GUYS reserve the right to withdraw any products or specials listed on its website and to update prices and stock availability according to the market condition without notice.
16.3 We reserve the right to refuse sales/price match for any reasons.
15.3 All Product images on our website are for display purposes only.
16.4 These Terms and Conditions of Sales are subject to change without notice.
