Please read these terms and conditions of sale ("Sale agreement") very carefully.
The Customer agrees to be bound by this sale agreement and accepts its terms and conditions (unless the Customer has signed a separate formal purchase agreement with ACQUIREIT PTY LTD, in which case the separate agreement shall govern).
Important Information about This Legal Contract
This Sale Agreement is a legal contract between the Customer and acquireit.com.au. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to ACQUIRE shall relate to ACQUIREIT PTY LTD, and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and ACQUIRE relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by ACQUIRE. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting ACQUIRE at the address provided below.
Terms of Payment
All Customers must pre-pay unless credit has been approved. The maximum credit term will be 7days from invoice/ 20th month following conditionally at the discretion of Acquire. Where credit terms have been agreed payment must be made in full by the invoice due date. Failure to pay in accordance with the clause shall entitle Acquire without prejudice to any other rights to terminate the contract immediately in respect of future purchases and to charge interest at the rate of 2% per month above the ANZ base rate on amounts outstanding. Interest shall accrue on a daily basis from the date when payment is due until the date when payment is actually received. The customer shall be liable to pay all expenses and legal cost of Acquire as between solicitor and customer in relation to obtaining remedy of any failure to pay.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by ACQUIRE is ACQUIRE's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
General Legal Disclaimer
Acquire hereby expressly disclaims all warranties either expressed or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. This disclaimer by acquire in no way affects the terms of the manufacturer's warranty, if any.
Errors and Omissions Disclaimer
While ACQUIRE uses reasonable efforts to include accurate and up-to-date information on the Site, ACQUIRE makes no warranties or representations as to the Site's accuracy. ACQUIRE assumes no liability or responsibility for any errors or omissions in the content on the Site.
ACQUIRE offers a 7 day return policy on selected items based on manufacturer return policies. For further information not listed, please contact acquireit.com.au
ACQUIRE reserves the right to charge a re-stocking fee to a maximum of 20% of the price that a returned product was sold at. This charge is for the purpose of recovering incurred costs due to administration and or to cover any re-stocking fees imposed on acquire by its distribution partners.
Please call us on 1800 777 085 e-mail our Service Department at firstname.lastname@example.org to obtain a Return Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without an RMA number. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice number, serial number and nature of the problem.
All products returned MUST: be 100 per cent complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, contain all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer.
Customer is responsible for shipping charges on returned items; acquireit.com.au will match your shipping method on your replacement or exchange item(s).
acquireit.com.au strongly recommends you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection.
Damaged On Arrival
If merchandise arrives damaged: it is best to REFUSE it back to the carrier attempting delivery. If you accept the package make sure it is noted on the carrier's delivery record in order for ACQUIRE to file a damage claim. Save the goods AND the original box and packing it arrived in, notify ACQUIRE immediately to arrange for a carrier inspection and a pickup of damaged goods. If you do not notify ACQUIRE of damaged goods within the first 5 days of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Call 1800 777 085 or your ACQUIRE account manager to arrange for carrier inspection and a pickup of damaged goods.
DEFECTIVE returns can be returned directly to ACQUIRE within 14 days from the invoice date, at ACQUIRE's discretion for: credit, replacement, exchange or repair
Manufacturer restrictions do apply and are outlined in our detailed policy. Any item that is missing the UPC can ONLY be replaced with the same item. After 14 days, all manufacturers' warranties apply.
NON-DEFECTIVE returns can be accepted directly by ACQUIRE within 7 days from the invoice date, at ACQUIRE's discretion for: credit, exchange. All NON-DEFECTIVE returns are subject to a 15 per cent restocking fee.
Software and DVD Movies
Unopened, non-defective software, games, and DVD movies can be returned to ACQUIRE, we will not accept non-defective software, games, or DVDs in any other condition. We will only replace defective software, games and DVDs returned within 14 days of the ship date. Items will be replaced with the same title only and must be returned in the original packaging with all warranty cards, manuals and any other documentation.
Pricing and Information Disclaimer
Prices subject to continued availability from our wholesale partners at or below the advertised price. In the event of non-availability, ACQUIRE reserves the right to cancel the Sale Agreement, in which case any purchase price already paid by the Customer will be refunded.
All pricing subject to change. For all prices, products and offers, ACQUIRE reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. ACQUIRE is not responsible for any errors in pricing that have been generated by its suppliers including any errors or omissions in the content of the site. If you are unsure about a price and or the price is not similar to that offered by other companies then please contact us.
Product Descriptions, Stock, and Images
ACQUIRE automatically receives stock levels, imagery and descriptions from distributors and manufacturers, ACQUIRE cannot be held liable for any errors in stock levels, descriptions or incorrect images being displayed. It is also common for monitors to be displayed with computers, and accessories to display their parent item (ie iPod cases may display iPods), ACQUIRE can also not be held accountable in these cases.
a) Defective goods or goods which do not comply with the contract may at ACQUIRE's discretion be repaired or replaced, or the price refunded.
b) Any right which the Customer may have to reject non-conforming or defective goods will only be effective if:
i) the Customer notifies ACQUIRE in writing within fourteen days following delivery and ACQUIRE is given the opportunity to inspect the goods; and
ii) the goods are returned unused, re-saleable and/or in the condition the Customer received them.
c) ACQUIRE will not repair or replace, or refund the price of any goods for so long as the Customer is in default in relation to any amount owing.
d) ACQUIRE accepts no liability for any claim by the Customer or any other person, including without limitation any claim relating to or arising from:
i) Any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law, trade custom or otherwise; or
ii) Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by ACQUIRE in writing; or
iii) Any services forming part of the supply of the goods which have been performed by any third party; and the Customer agrees to indemnify ACQUIRE against any such claim.
e) In any event, ACQUIRE liability under any claim shall not exceed the price of the goods.
Customer's Liability and Default
If the Customer shall:
a) fail to make any payment due under the contract or commit any other breach of any of the Customer's obligations under the contract; or
b) suffer execution under any judgment; or
c) commit an act of bankruptcy; or
d) make any composition or arrangement with any creditor; or
e) being a company, pass a resolution for winding up or have a receiver appointed over any of its property or have a winding up petition presented against it, ACQUIRE (in addition to any other remedies hereby or by statute conferred) may treat the contract as terminated and any part of the purchase price then unpaid, together with any other monies owing hereunder, whether or not due under the terms of the contract shall forthwith become due and payable.
Any such termination shall be without prejudice to any claim or right ACQUIRE may otherwise possess.
Variations to Terms and Conditions of Trade
ACQUIRE may from time to time and in its sole discretion amend, add to or delete any of the terms of these terms and conditions of trade with immediate effect by giving notice to the Customer PROVIDED THAT ACQUIRE shall not make any variation to the nature or extent of the Security Interest granted by the Customer in the PPSA clause without the written agreement of the Customer.
ACQUIRE may notify the Customer by delivering to the Customer an invoice with a notice of amendment and receipt of the invoice by the Customer will be deemed to be acceptance by the Customer of the terms and conditions of trade.
i. These terms of trade are governed by the laws of Australia.
ii. ACQUIRE and the Customer shall submit to the non-exclusive jurisdiction of the courts of Australia in respect of any dispute or proceeding arising out of these terms and conditions of trade.