Terms of Sale

1. DEFINITIONS AND CONTRACT

The Equipment or Services listed under the heading "Description" on our invoice is sold or provided by IT Liquidators ABN: 30 093 716 922 ( "IT Liquidators" ) to the Customer subject to these terms and conditions. No variation of these terms and conditions is permitted unless expressly accepted by a senior officer of IT Liquidators in writing.

2. ORDER

No order shall be binding on IT Liquidators until accepted by IT Liquidators. All sales are strictly pre-paid prior to delivery unless a credit account is in place. Customers may apply for a 7-day payment term following a three month period of regular purchases. All applications for a credit account will require the completion of an IT Liquidators Credit Application Form, granting of credit will be subject to satisfactory credit approval. By submitting a credit application the Customer grants approval to IT Liquidators to seek from credit reporting agencies a credit report to permit the granting of credit under the Privacy Act or similar legislation.

3. PRICE

The price for the Equipment or Service shall be the price current at the day of dispatch and shall include all related delivery costs whether specified or not specified and shall be paid at the time of placing the order unless otherwise agreed to by IT Liquidators. Where a credit account is in place, the price shall be paid 7 days from the date of the invoice and if payment of any invoice is overdue interest will run on the sum invoiced at the rate of 2 per cent per annum above the base rate of our Banking Institution or 15% per annum whichever shall be greater. All prices are quoted inclusive of Goods and Services Tax (GST) unless prior to acceptance of the order by IT Liquidators the Customer provides an exemption declaration in accordance with the Sales Tax Assessment Act or the Equipment is for export from Australia in which case the Customer shall be responsible for any taxes and duties due on the Equipment in the country of destination.

4. METHOD OF PAYMENT

IT Liquidators will only process orders where sufficient funds have been cleared or transferred into the IT Liquidators Bank Account either via Internet Banking or by Direct Deposit (please refer to the "Contact Us" section of this web site for the IT Liquidators banking details). Confirmation and funds clearance are required prior to the despatching of goods. IT Liquidators may from time to time accept by way of payment a company or private cheque where the customer has proven identity. In the case of customers with established credit terms, IT Liquidators accepts company cheques in addition to the above stated payment methods.

5. DELIVERY

All freight costs and insurance are borne by the purchaser. All goods are shipped from a number of warehouses located around the country directly to the purchaser via an independent courier agency, who will require a signature as proof of delivery. 

6. RISK AND PASSING OF PROPERTY

(1) Risk in respect to the sale of Equipment shall pass to the Customer when the Equipment is delivered to the Customer or its agent.

(2) Notwithstanding the risk in the Equipment passing in accordance with clause 6.1 title in the Equipment will not pass to the Customer until IT Liquidators has received payment for the Equipment although the Customer is licensed by IT Liquidators to use the Equipment delivered.

(3) Until title to the Equipment passes:-

(a) The Customer will hold the Equipment as fiduciary agent and bailee for IT Liquidators.

(b) The Equipment shall be kept separate and distinct from all other property of the Customer and of third parties and in good and substantial repair and condition and be stored in such a way as to be clearly identifiable as belonging to IT Liquidators.

(c) The Customer's right to use shall automatically cease if the Customer has a summons presented for its winding-up or passes a resolution for voluntary winding-up otherwise for the purpose or bona fide amalgamation or reconstruction or compounds with its creditors or has a receiver appointed of all or any part of its assets or (being an individual) becomes bankrupt or insolvent or enters into any arrangement with its creditors or takes or suffers any similar action in consequence of debt or carries out or undergoes any analogous act or proceeding under foreign law.

(d) Upon determination in any way of the Customer's right to use, the Customer shall place any of the Equipment in its possession or under its control at the disposal of IT Liquidators and IT Liquidators shall be entitled to enter upon any premises of the Customer for the purpose of removing the equipment.

7. WARRANTY AND RETURN OF EQUIPMENT

(1) All Equipment sold by IT Liquidators will be subject to the Manufacturers implied warranty.

(2) If a product is found to be dead on arrival, then subject to complying with the procedure set out in clause 7.3 the Customer may return the Equipment to IT Liquidators within seven days of the date of delivery. 

(3) Any Equipment returned under this clause must be as new and not modified or damaged. All warranty cards, manuals and packaging must be intact. The Customer must within 7 (seven) days of receiving the goods, inform IT Liquidators that the Equipment is being returned and IT Liquidators will issue to the Customer a return authorisation number which must be clearly shown on the outside of the box when the Equipment is returned. The Equipment must be returned properly packed pre-paid and insured. Any return with freight collect will not be accepted by IT Liquidators and shall be returned to the Customer notwithstanding the Customer being given a return authorisation number. If no written notification of the intention to return the goods is received by IT Liquidators from the customer within 7 (seven) of delivery, it will be deemed by IT Liquidators that the customer has accepted the goods and no returns will be accepted whatsoever.

(4) IT Liquidators will not be obliged to accept return of third party software delivered to the Customer under these terms and conditions where the Customer has accepted the licence for such software by opening the sealed manuals and disks delivered by IT Liquidators with the Equipment.

(5) It is the customers responsibility to complete and send all warranty cards/forms which are supplied with the purchased product to the manufacturer in order to ensure that the product is covered by the manufacturers warranty. If such warranty cards/forms are not included with the purchased product then the customer should keep in a safe place the IT Liquidators Invoice for proof of payment and warranty purposes.

(6) In the event that the product fails to perform in its specified function during the warranty period, it is the customers responsibility to call on the manufacturer for the repair or replacement of the product.  

(7) In the event that a product purchased from IT Liquidators does not include a warranty card/form, then the customer should call IT Liquidators who will then act on the customers behalf in arranging for the repair or replacement.

(8) Appertaining to clauses above, IT Liquidators will not be held responsible for any loss of product nor the manufacturer or its agents inability to repair or replace the returned product whatsoever.

(9) Product ordered in error is non-returnable.

8. REPRESENTATIONS

(1) Whilst IT Liquidators takes every precaution in the preparation of its web site, catalogue, technical circulars, price lists and its other literature these documents are for the Customer's general guidance only. The Customer acknowledges that it has not relied on any representation made by IT Liquidators which has not been stated expressly in this agreement or upon any catalogue, technical circulars, price lists or other literature produced by IT Liquidators.

(2) IT Liquidators's employees or agents are not authorised to make any representations concerning the Equipment unless such representations are confirmed by IT Liquidators in writing. The Customer acknowledges by accepting delivery of the Equipment that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.

9. EXCLUSIONS

(1) IT Liquidators makes no express warranties beyond those stated in these terms and conditions. All conditions and warranties implied by statute or common law are to the extent permitted by law expressly excluded.

(2) Under the Trade Practices Act 1974 when implied conditions and warranties cannot be excluded, IT Liquidators limits its liability in the case of the Equipment, to the replacement of the Equipment or the supply of equivalent Equipment, or the repair of the Equipment, or the paying of the costs for replacing the Equipment or requiring equivalent Equipment, or the payment of the cost of having the Equipment repaired; and in the case of services, to the supplying of the services again, or the payment of the cost of having the services supplied again.

(3) Notwithstanding anything else contained in these terms and conditions IT Liquidators will not be liable to the Customer for loss of profits or contracts or other indirect or consequential loss whether arising from negligence, breach of contract, or howsoever.

10. ASSIGNMENT

The Customer shall not assign or transfer or purport to assign or transfer this agreement or the benefits thereof to any other person without the prior written consent of IT Liquidators and payment of any applicable fee.

11. PROPER LAW AND JURISDICTION

This agreement shall be governed by and construed in accordance with the law in force in New South Wales and all disputes arising in connection with this agreement shall be submitted to the jurisdiction of the New South Wales courts.