Effective 30 May 2019


TERMS OF SERVICE

This website is operated by Actrinix Solutions: ABN 92103709306 (“ACTRINIX”). Throughout the site, the terms "we", "us" and "our" refer to ACTRINIX. ACTRINIX offers this website, including all information, tools and services available from this site to you, the user (“Customer”), conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our site and/or purchasing something from us and/or service and support, you engage in our service and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms and conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. The Customer acknowledges agreement with these terms and conditions by the placement of an order to purchase products from ACTRINIX.

All goods and/or services are supplied on these terms and conditions only and no person in the employment or otherwise as agent for ACTRINIX has any authority to supply goods and/or services on any other terms and conditions or to vary these terms and conditions in any way whatsoever. Previous dealings shall not vary or negate these terms and conditions in any respect.

Pricing

Prices, specifications, and availability of goods and/or services are subject to change without notice.  Changes will not affect orders that have already been accepted.  Due to the volatile nature of the computer market, descriptions may not reflect current technical information. Any typographical, photographic, or specification error in products, pricing, or offers is subject to correction. Published prices do not include shipping and insurance.  In the event of stock unavailability, if a Customer has chosen to purchase and wait for stock, the prices are fixed at the time of sale.

 

Unless specifically advertised, all prices on this website are quoted excluding goods and services tax (“GST”). GST will be added upon ordering goods and must be paid.

Prices promoted on the purchasing portal are at recommended retail price or suggested retail price until you log in to obtain the discounted pricing as arranged with ACTRINIX. Discounts will be automatically applied for online orders. Note some special bid items and some licensing may not be available for online ordering. Please contact your account manager or call 618 93501600 to order items unavailable online.

Warranty Information

In addition to the consumer guarantees under the Australian Consumer Law, all products sold by ACTRINIX are covered by the manufacturers' warranty that accompanies the product. ACTRINIX makes no additional or independent warranty in addition to the consumer guarantees or those offered by the manufacturer of a product.

Products that have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by ACTRINIX, are not covered by this warranty. Any alterations, additions, improvements or attachments to the products not authorized in writing by ACTRINIX shall be deemed to be a waiver of this warranty by Customer and shall render this warranty null and void.

ACTRINIX shall return repaired or replaced products to Customer, at Customer’s expense, via regular ground service within the Commonwealth of Australia. Shipping charges by all other methods and to all other destinations shall be borne by Customer. The warranty does not extend beyond the original purchase of products from ACTRINIX. Any equipment used in conjunction with products purchased from ACTRINIX is not covered under this warranty.

Unless the total value of products exceeds $40,000, ACTRINIX warrant for a period of three months after delivery of any computer hardware, the products:

(a)          are of acceptable quality;

(b)          match their description;

(c)         are fit for their purpose in the event that they were supplied to Customer pursuant to Customer’s written and disclosed purpose;

(d)          are unencumbered;

(e)          match any sample or demonstration model represented to the Customer.

This warranty does not apply if Customer buys the products to re-supply or if Customer wishes to use the products as part of a business to manufacture or use for something else or to repair or otherwise use on other goods.

If in the reasonable opinion of ACTRINIX and during the warranty period for the products that are faulty, Customer may be entitled to a refund or replacement products identical to or of similar value with the faulty products or receive compensation for the drop in value of the products caused by the fault. Customer may not reject any products when they have been thrown away, destroyed, lost or damaged through no fault of ACTRINIX after delivery to Customer or if the products have been attached to other property and cannot be removed without damage or if the warranty period has expired. Due to the susceptibility of software to bugs and malfunctioning and any other faults which are beyond the control of ACTRINIX, Customer will only be entitled to a remedy on faulty software at the discretion of ACTRINIX.

Subject to all laws in force from time to time, ACTRINIX is not liable for faults and or product failure due to, but not limited to, the following reasons:

·       Improper installation or handling or non-compliance with instruction manual or other warranty provider instructions.

·       Accident, abuse, misuse, neglect, normal wear and tear, corrosion, physical damage, rusting and staining, and all other forms of improper usage.

·       Damage from external causes and natural disaster, such as flood, storm, fire, sand, dirt, earthquake, an Act of God, exposure to sunlight, weather effect, lightning, moisture, water, liquid, heat, vibration, corrosive environment, electrical surge, battery leakage, theft or damage caused by the connection to other products not recommended for interconnection.

·       Any product that has had its serial number altered, defaced or removed.

·       Insufficient or excessive electrical supply.

·       Abnormal mechanical or environmental conditions.

·       Unauthorized disassembly, alterations, repairs or modifications. 

·       Damage to the Product or it being rendered ineffective due to putting in, using, or attempting to put in or use, products/modules/parts/components that are: (i) not designed to specifications provided in the user guide or at our web site, (ii) incompatible with the Product, and/or (iii) counterfeit products/modules/parts/components. Whether a product/module/part/component is incompatible or a counterfeit shall be at our sole determination. 

·       Installation of any incompatible third party application or any corrupted application or content that affects the Product’s software or firmware.

·       Damage or loss of data due to (i) interoperability with current and/or future versions of operating systems or other current and/or future software and hardware, (ii) a computer virus, worm, Trojan horse or memory content corruption, or (iii) malfunction of or defect in the Product.

·       In the case of communications products, the use of the Product outside the borders of the country that it is intended for (as indicated by any local telecommunication approval stickers). 

Subject to all laws in force from time to time, ACTRINIX shall further not be liable for:

·       Loss of data during the use or attempted use of the Product or any of our or our affiliated companies’ service(s). Data retrieval or recovery is not covered under this warranty, and is not part of the warranty repair or exchange process. 

·       Damage to other products, including but not limited to personal computers, used with the Product.

·       Third party charges and costs incurred by Customer for troubleshooting, removing, servicing, repairing or installing any products or software or third party-branded products or software.

·       Damage resulting from a third party-branded product or software that causes the Product to fail.

·       Any consequential, indirect or incidental damages, lost profits, lost savings, loss of business investments, loss of goodwill, or interference with business relationships as a result of lost data and from the usage of the Product or any of our or our affiliated companies’ service(s).

·       Any period of time the Product is at the service centre or in transit. 

SUBJECT TO ALL LAWS IN FORCE FROM TIME TO TIME IN NO EVENT SHALL ACTRINIX BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL ACTRINIX'S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCTS.

 

Order Acceptance Policy

The Customer's receipt of an electronic or other form of order confirmation does not signify our acceptance of any order, nor does it constitute confirmation of our offer to sell. ACTRINIX reserves the right at any time after receipt of any order to accept or decline such order for any reason. ACTRINIX reserves the right at any time after receipt of any order, without prior notice, to supply less than the quantity ordered. We may require additional verifications or information before accepting any order.

 

Orders for Collection
Customer must collect all orders within two months of the invoice date.

 

Delivery of Goods

We place great importance on the fast and reliable delivery of Customer orders, however please note that delivery times are estimates only and ACTRINIX shall not be liable for delays.

If the Customer fails or refuses to take delivery of the goods, then in addition to all other rights and remedies of ACTRINIX, the Customer shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by ACTRINIX as a result thereof and ACTRINIX, at its discretion may charge a restocking fee.

If authority to leave is selected at checkout, you must specify where you would like the goods left (at the front door, next to the garage, etc). ACTRINIX and our couriers cannot be held responsible for goods being left unattended that go missing if an order has been authorised to leave. Australian Air Express (AAE) will not leave goods at the door, and will leave a card instead so that you can pick up your order at the nearest post office/depot if selected.

Title of Goods

The goods shall be at the Customer risk at the point of delivery. The Customer, upon taking delivery of the goods, shall immediately examine the goods and give written notice to ACTRINIX of any defect within five (5) days of such date, failing which the goods shall be deemed to have been delivered in good order and condition and accepted by the Customer. ACTRINIX is not liable for any damage caused once products are deemed accepted.

Payment

The purchase price plus GST and any shipping and handling fees shall be paid by the Customer in full without any deduction in respect of any claimed set-off or counterclaim (including any such set-off or counterclaim on account of any delay on the part of ACTRINIX in delivering any part of the goods and/or services) on or before the payment date. In addition to any other rights or remedies of ACTRINIX in the event of the Customer's default hereunder, ACTRINIX shall be entitled:

  1. To charge and recover costs incurred for the collection of payment (such as but not limited to collection agency fees and legal costs), cheque dishonor fees, interest at the current bank overdraft rate plus two per cent per annum from the due date for payment until payment in full;
  2. To immediately and without notice retake possession of the goods (and for such purpose the Customer irrevocably licenses ACTRINIX, its employees, contractors, servants or agents to enter upon the premises at which the goods are located to so retake possession) and resell the goods after seven (7) days written notice to the Customer and thereafter recover from the Customer any amount by which the resale price is less than the price agreed to be paid by the Customer, together with all costs and expenses suffered or incurred by ACTRINIX as a result of the Customer's default;
  3. At the sole discretion of ACTRINIX charge a restocking fee of up to 25% of the purchase price.

Errors and Omissions

At ACTRINIX, we work hard to offer you the most competitive pricing and accurate product information. Because of the dynamic nature of this industry (e.g. vendor price changes and other variables beyond our control), prices, promotions, versions and availability advertised are subject to change without prior notice. All images are for illustrative purposes only. Actual product may differ. Please be assured of our every effort to ensure the accuracy of information; however, the documents and graphics published may contain technical inaccuracies or typographical errors. ACTRINIX makes no representations about the suitability of this information; it is provided "as is" without warranty of any kind. If an error is made or a product is listed at an incorrect price, ACTRINIX shall maintain the right to refuse or cancel any orders placed. If the order has been confirmed and charged to your account or credit card, ACTRINIX shall issue a credit or refund.

Cancellation & Returns Policy

Customer have the right to cancel the contract from the date the order was placed and up to seven working days after delivery, (beginning the day after delivery). The goods must be unopened and in a perfect resellable condition. Goods made to Customer’s chosen specification (i.e. custom built) cannot be returned under the seven working day "cooling off period".

To exercise the right of cancellation, Customer must provide notice to ACTRINIX giving details of the goods ordered and (where appropriate) their delivery.

Customer has a duty of care, under these terms, to take care of the goods so that they may be sold again as new by ACTRINIX. Any resulting loss in value for goods not kept so that they may be sold again as new may be sought from Customer. Customer agrees to deliver goods back to ACTRINIX at Customer’s own cost or make the goods freely available at the original delivery address to ACTRINIX or his authorized agent whereby transport costs to be borne by Customer, within 7 days of cancellation, for collection on a working day.

 

Limitation of Liability

ACTRINIX shall under no circumstances, except where the consumer guarantees apply, be liable for special, incidental, or consequential damages including loss of profit or opportunity, even if it has been advised of the possibility of such damages; the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not exceeding the purchase price of the product.

Governing Law

All sales shall be deemed made in the state of Western Australia (“WA”), regardless of the location of the Customer. The Customer agrees that any dispute with ACTRINIX shall be governed by the WA law and the Customer irrevocably submits to the exclusive jurisdiction of WA courts and courts hearing appeals from those courts.

Order Cancellation Policy

If you would like to cancel a back order simply use our online form or notify us on 618 93501600. Other than "special orders" (an order where goods ordered are especially ordered to meet specific to Customer requirements or cannot be refunded by ACTRINIX to its supplier), an order may be cancelled before it has left our warehouse with no cancellation fee. If the order has left our warehouse, a fee may apply to cover courier and restocking costs.

Vouchers & Certificates

  1. ACTRINIX gift vouchers entitle the holder to goods/services equal to the value displayed on the card or remaining after partial redemption.
  2. Gift vouchers are only redeemable online with ACTRINIX.
  3. Gift vouchers cannot be exchanged (wholly or partly) for cash.
  4. Multiple vouchers can be used per purchase/ transaction: i.e. a. If the item purchased = $245, b. Two vouchers may be used and the balance paid by any of the accepted payment forms accepted. (Refer point 5.)
  5. Maximum of 10 vouchers per Customer.
  6. Value shown on this voucher is inclusive of tax.
  7. Gift vouchers are partially redeemable and any unused balance will remain on the card and cannot be redeemed for cash.
  8. If order exceeds value of gift voucher, the holder will be required to pay the difference in price between the value of gift voucher and price of the goods/services.
  9. Gift vouchers valid for 12 months from issue date.
  10. Should ACTRINIX suspect any fraud relating to a gift voucher, ACTRINIX may refuse to redeem the voucher until ACTRINIX is satisfied that no fraud has occurred.
  11. ACTRINIX is not liable for any lost/stolen gift vouchers. Please contact ACTRINIX store immediately if your voucher has been lost/stolen. Lost/stolen vouchers can only be replaced if satisfactory proof of purchase is provided and the voucher has not been redeemed.

General

To the extent any section or portion of a section of these terms and conditions of sale are deemed unlawful or unenforceable, that section or portion of a section shall as far as practicable be read down or stricken from the terms and conditions of sale, so that the remaining terms can continue in full force and effect.

Miscellaneous
ACTRINIX may amend any terms and conditions at any time and take effect upon posting on ACTRINIX’s website. It is the responsibility of the Customer to read and understand these terms and conditions each time an order is placed. This document sets forth the entire and final understanding of Customer and ACTRINIX pertaining to the subject matter hereof and supersedes all prior agreements, whether oral or written, and shall not be amended except by a written agreement signed by both parties. ACTRINIX agents have no authority to make representations, warranties or promises, which are not contained in this document. The failure of either party to enforce at any time, or for any period of time, the terms of this document shall not be construed as a waiver of such terms or the rights of such party thereafter to enforce each term contained herein.