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Terms & Conditions

Definitions

The Buyer means any person, business or company purchasing goods supplied by
LINDY Australia Pty Ltd (ABN 42 106 687 996).

Conditions of Sale

Orders are only accepted subject to the Terms & Conditions set out below. In the event of the Buyer's order form containing special printed conditions, the order for the goods will only be accepted by LINDY Australia Pty Ltd on the understanding that those conditions are not at variance with the Terms and Conditions stated herein, or, if there is any variance, that such conditions have been waived by the Buyer. LINDY Australia Pty Ltd reserves the right to refuse to trade with any Buyer.

Export Business

These Terms & Conditions do not apply to Export Accounts. Separate Terms and Conditions shall be offered on quotation.

Ordering

Orders amounting to less than $100 in value (including GST) will be subject to a standard delivery charge, which your LINDY Technical Sales Representative will inform you of at the point of order.

Orders over $100 in value (including GST) will be delivered free via standard road freight to major cities within Australia. Some items may incur additional delivery charges, which your LINDY Technical Sales Representative will inform you of at the point of order. Overnight air freight delivery is available at an additional charge.

Cancellation of Orders

An order which has been accepted by LINDY Australia Pty Ltd may not be cancelled by the Buyer, unless LINDY Australia Pty Ltd is informed in writing and the cancellation is accepted by LINDY Australia Pty Ltd in writing. In the case of cancellation the Buyer shall indemnify LINDY Australia Pty Ltd in full against all loss (including loss of profit), costs, damages, charges and expenses incurred by LINDY Australia Pty Ltd. If the original order placed was granted free delivery due to the value of the order and then part cancelled which reduces the order value to below $100 (including GST), then upon part cancellation the standard delivery charge will be levied. Goods which have already been despatched will be dealt with as a standard return as detailed within these Terms and Conditions.

Product Specification

All information contained in the LINDY Australia Pty Ltd catalogue and literature is accurate at the time of going to press. LINDY Australia Pty Ltd does not accept any responsibility for damage, injury, loss or expense resulting from any errors or omissions.

All descriptions, illustrations, specifications and dimensions are approximate and are only intended to present a general guideline as to the goods therein. Where specific brands are mentioned in connection with replacement parts it is not implied that we have any association with the original manufacturer.

Copyright & Trademarks

No part of any LINDY publication may be reproduced, stored or transmitted in any form or by any means without the written approval of LINDY Australia Pty Ltd. It is acknowledged that all trademarks and trade names mentioned in any LINDY publication or on the LINDY Web site are the property of their respective companies/owners.

Warranties

LINDY Australia Pty Ltd guarantees to repair, replace or refund the purchase price on all faulty goods supplied, subject to a claim being made in writing within 2 years of the sale being made, providing no attempt has been made by the Buyer to rectify, alter or dismantle the goods in any way.

Sale or concessionary goods have a limited warranty of 7 days, not 2 years.

Extended Warranties

Some items within the LINDY Product range are offered with an extended warranty as follows:- A 25 year warranty is offered on LINDY Premium Gold Monitor Cables A 10 year warranty is offered on all LINDY Cables and Adapters (without electrical components), except Custom Made Cables which have a 2 year warranty.

A 3 year warranty is offered on other certain products and these products have a warranty card enclosed within the packaging (excludes Mice). This registration card must be returned within 3 weeks of the date of purchase to receive the 3 year warranty.

All warranties offered by LINDY Australia Pty Ltd cover goods on a back-to-base warranty with no advance replacement.

Prices

Prices quoted include Australian Goods & Services Tax at the current rate of 10%. LINDY Australia Pty Ltd reserves the right, without prior notice, to vary any advertised prices in catalogues and elsewhere.

Delivery / Collection

Delivery dates if quoted are given in good faith, are non binding and do not form part of this contract. LINDY Australia Pty Ltd cannot be held liable for non-delivery or the late delivery of products for whatever reason, nor for the compensation against any loss whether consequential or otherwise arising from non-delivery or late delivery.

Where personal collection of goods has been arranged, the collection must take place within 48 hours of the request accompanied by an official order. Any goods not collected within this time period will be returned to stock and a restocking fee of 10% will be applied to the Buyers account.

Damage Or Loss In Transit

In the event of non-delivery the Buyer should advise LINDY Australia Pty Ltd in writing within 3 days of placing the order. In the event of a shortage the Buyer should advise LINDY Australia Pty Ltd in writing within 3 days of receipt of the delivery. If damaged goods are received the receipt should be signed 'Damaged' and LINDY Australia Pty Ltd notified in writing immediately. If this is not adhered to, it may result in your claim being invalid.

Payment Terms

1) Credit Terms (subject to satisfactory credit rating and completion of a credit application form). Payment is due strictly by the 14th of the month following the date of invoice. Automatic Account Hold will be applied on the last day of the month to all accounts with overdue balances. Goods will not be despatched to accounts with Account Hold applied. In the event of credit terms being abused, credit facilities may be withdrawn at the discretion of LINDY Australia Pty Ltd without prior notice. A surcharge of 3% will apply to the value of an Account being settled by Credit Card.

2) Credit/Debit Cards. We accept MasterCard, Visa, Bankcard and American Express. No surcharge is levied on credit card purchases. Any items which are out of stock are charged for at the point of order and despatched at a later date. The Buyer has the option for a refund to the Credit/Debit card if the item is out of stock for a period of 30 days or more following the charge to the Credit/Debit card.

3) Electronic Funds Transfer/Direct Deposit. Funds can be deposited directly to our bank account by EFT or Direct Deposit. Your LINDY Technical Sales Representative will provide you with our bank account details on request. Written confirmation of your EFT or Direct Deposit must be received by fax or e-mail before goods are despatched.

4) Cheque with Order. Cheques should be crossed NOT NEGOTIABLE and made payable to LINDY Australia Pty Ltd. For an initial order, the cheque must be cleared before goods are despatched. Express clearance can be requested in these circumstances and a charge of $15 will be levied for this service, however LINDY Australia Pty Ltd can not be held liable for any delays in obtaining clearance.

LINDY Australia Pty Ltd reserves the right to charge interest on overdue accounts at the rate of 1% per calendar month from the due date of payment to the receipt of payment.

Returns

No returns will be accepted without prior consent from LINDY Australia Pty Ltd. Upon request, a Return Merchandise Authorisation (RMA) Form will be supplied to the Buyer to complete and return. Instructions for LINDY Australia Pty Ltd return procedures are detailed on the RMA Form, a copy of which is available upon request. These instructions must be carried out in full, otherwise goods will be refused. Merchandise will be authorised for return by way of the Buyer receiving an authorisation number from authorised LINDY personnel.

Goods returned for credit must be in 'as new' saleable condition and complete with all manuals, components and undamaged original packaging. Any software seals (if applicable) must not have been broken. Damaged or incomplete goods will not be credited.

Goods being returned as faulty where no fault is found will incur a handling charge. This handling charge is calculated as either an amount of $15 being a minimum charge, or 20% of the invoice value (whichever is the greater). The handling charge will be deducted from the value of the credit note or invoiced to the Buyer's account, which ever is applicable.

Goods being returned due to a mistake on the part of the Buyer will incur a handling charge. This handling charge is calculated as either an amount of $25.00 being a minimum charge, or 20% of the credit value (whichever is the greater). The handling charge will be deducted from the value of the credit note.

Any freight charges for the delivery of goods from LINDY Australia Pty Ltd to the Buyer will not be credited or refunded.

Acceptance of returns due to Buyer error will be at the discretion of LINDY Australia Pty Ltd. Goods will only be accepted when LINDY Australia Pty Ltd is notified within 7 days of the original invoice date.

Goods supplied at wholesale pricing will not be accepted for return other than for normal warranty repair or replacement.

Goods that have been specifically made, modified or purchased for the Buyer shall not be credited, unless there has been an error on behalf of LINDY Australia Pty Ltd.

Specific Conditions Of Sale

1) Title of the goods sold on the invoice does not pass to the Buyer until LINDY Australia Pty Ltd has received payment in full for the goods and if the Buyer purports to sell the goods before payment, the proceeds from the sale shall belong to LINDY Australia Pty Ltd, until payment in full for the goods has been received from the Buyer or otherwise.

2) After delivery of the goods to the Buyer and pending payment, the Buyer shall hold the goods on behalf of LINDY Australia Pty Ltd at the Buyer's risk, and LINDY Australia Pty Ltd shall always be entitled to call for the return of the goods or payment in full (in cases such as loss, damage, etc.).

3) If the risk and title of the goods has passed to the Buyer and the goods are subsequently returned to LINDY Australia Pty Ltd for whatever reason, the risk of the goods will not pass from the Buyer to LINDY Australia Pty Ltd until the goods are signed for by authorised personnel at LINDY Australia Pty Ltd.

Termination

LINDY Australia Pty Ltd may terminate the Contract immediately if the Buyer has insolvency or bankruptcy proceedings instituted against it or has a receiver, manager or administrative receiver appointed over any of its assets or suffers similar occurrence of any jurisdiction; or if Buyer breaches the Contract. The termination of the contract will be without prejudice to the rights and duties of either party accrued prior to termination.

Additional Services

Replacement copies of manuals or driver disks may be supplied, where there is no breach of copyright, for a minimum charge of $15 (including GST).

Exclusion Of Liability

Except as provided under the section headed WARRANTY herein, LINDY Australia Pty Ltd shall not be under any liability whether in contract or otherwise, and whether or not resulting from the negligence of LINDY Australia Pty Ltd or that of LINDY Australia Pty Ltd employees, servants or agents, in respect of goods delivered or for any damage or loss resulting from use of goods.

LINDY Australia Pty Ltd shall not be under any liability for any damage or loss arising or said to arise from the use of any of our products. 

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