Terms and Conditions

Terms and Conditions

DEFINITIONS
In the following Terms and Conditions of Sale shall mean Megaware Computers (ABN 83 023 931 205) and its related bodies corporate.The"Customer" shall mean the entity purchasing the goods or services the subject of these terms and conditions of sale.

1. ORDERS
Orders accepted by Megaware Computers, trading as www.megaware.com.au will be subject to the following terms and conditions of sale as amended from time to time. Any such orders accepted will be effected in multiples of standard pack quantities. Minimum invoice value $25.00. All orders are to be from the legal entity/parties . Megaware Computers accepts these orders either verbally, e-commerce or in writing. In good faith in the belief they are true and correct. Should any order be verbal, the customer acknowledges that the Megaware Computers's records are true and correct and will not be disputed. The Customer acknowledges that it is their full responsibility to advise the Megaware Computers of any changes to any of the details relating to the purcashed items and method of payment before the shipping date and any incurred cost will be borne by the customer. The Customer acknowledges that failure by them to advise Megaware Computers of any change does not in any way limit Megaware Computers's right to pursue full payment or recovery cost arising due to a breach in any of the Terms and Conditions of Sale.

2. TIMING OF PAYMENT
Payments shall be deemed to have been made:
(a) If cash is tendered-on date it is entered; and
(b) If a cheque (bank or otherwise) or other negotiable is tendered - on date upon which such cheque or other negotiable instrument is negotiated and cleared by Megaware Computers's bankers. The Customer acknowledges that any costs incurred due to uncleared funds will be passed on to the Customer.

3. TIME OF ESSENCE
In respect of the Customer's obligation to make payment for goods sold by the Megaware Computers to the Customer, time shall be of the essence for the entire contract.

4. PRICING
Orders will be accepted at the prices in effect at the date of shipment. Prices are subject to change without notice. Any reference to retail prices contained in Megaware Computers's official pricing are recommended retail prices only; there is no obligation to comply with the recommendation. Megaware Computers's price list shall not be construed or operate as an offer or obligation to sell but shall be an invitation to treat only and Megaware Computers reserves the right to accept or reject in its absolute discretion any orders which may be received by it.

5. GST
GST will be charged on all items sold in accordance with the A.C.C.C. and tax legislation guidelines. All invoices will show total GST paid and total amount due including GST.

6. DELIVERY
Every effort will be made to ensure prompt delivery of goods ordered. However Megaware Computers cannot accept responsibility for delivery delays. Delivery charges on orders required by overnight transport, airfreight or other special delivery will be at the Customers expense unless otherwise arranged.

7. RISK AND INSURANCE
Upon delivery to the Customer or in the Customers custody (whichever is the sooner) the goods shall be at the risk of the Customer and the Customer shall, at its own costs, insure the goods (in its name and in the name of the Company) against all risks for which a prudent owner would insure his goods and for their full replacement value. The Customer shall upon request provide a copy of the insurance policy to the Company.

8. ACCEPTANCE
The Customer shall inspect the goods forthwith upon delivery and shall within 7 days from the date of delivery give written notice to Megaware Computers of any matter or thing by reason whereof the Customer alleges that the goods are not in accordance with the Contract.If the Customer fails to give such notice then to the extent permitted by statute the goods shall be deemed to have been accepted by the Customer, in accordance with the provision hereof.

9. RETURNS
All returns of products must be approved/authorised by Megaware Computers. All authorised returns under these terms will be subject to a minimum handling charge of 15% of the price of the goods returned under the Customer as a "consumer". Returned documents must quote the original delivery docket or invoice number and reason for return. Freighting costs for authorised returns are at the Customer's expense.

10. DELAY AND INSTALMENTS
Megaware Computers shall not be liable for any failure to deliver or for any delay in delivery occasioned by any acts of God, strike, combination of workmen, industrial action, lockout, difficulty in procuring suitable materials or articles or substances required in the manufacture of the goods, shortage of stocks, lack or shortage of labour, delays in transportation or in transit, governmental or legal prohibitions or restrictions, fire, flood, hostility, civil commotion or other impediments whatsoever (whether similar in nature to the foregoing or not) reasonably beyond Megaware Computers 's control.Megaware Computers reserves the right to deliver by instalments and each instalment shall be deemed to be sold under a separate contract. Failure to deliver any instalment shall not entitle the Customer to terminate its agreement with Megaware Computers .


11. IMPLIED CONDITIONS AND WARRANTIES
The only conditions and warranties which are binding on Megaware Computers in respect of the state, quality or condition of the goods supplied by it to the Customer and/or in respect of advice recommendation(s), information or services supplied by it, its employees, servants or agents to the Customer regarding the goods, their use and application are stated only on the manufacturer's warranty. Megaware Computers shall have no liability (including liability in negligence) to any person for any loss or damage consequential or otherwise howsoever suffered or incurred by any such person in relation to the goods and/or advice recommendation(s), information or services and without limiting the generality thereof in particular any loss or damage consequential or otherwise howsoever suffered or incurred by any such person caused by or resulting directly or indirectly from any failure, defect or deficiency of whatsoever nature or kind or in the goods/or advice, recommendation(s), information or services.


12. PERFORMANCE
Specifications and performance data are stated to be correct to the best of the Megaware Computers's knowledge but Megaware Computers accepts no responsibility for errors in such specifications and performance data provided or given.

13. RETENTION OF TITLE
(a) As long as the Customer owes Megaware Computers any part of the price of goods supplied at any time, Megaware Computers shall retain the legal title to all: goods supplied and not yet used or resold in the ordinary course of business. When such goods as used, even with loss of identity, the legal title to the resultant product shall vest in Megaware Computers. Proceeds of sale of unused goods or resultant products shall be received by the Customer as agents of Megaware Computers and on their account such proceeds to be kept in the separate account or to be account for it to Megaware Computers on demand. If goods are in the possession of a Customer to which title has not passed, the Customer is under obligation to retain them in good and merchantable condition and to ensure that they are stored separately and marked as the property of Megaware Computers until either paid for or collected and to allow Megaware Computers and/or its servants or agents on to the premises where they are stored for the purpose of collecting the goods.
(b) Goods supplied to the Customer shall be at the risk of the Customer from the time the goods ceased to be within the actual possession of Megaware Computers or its agents.
(c) Until payments of all debts owing to Megaware Computers , Megaware Computers may, without prejudice to any of its other rights without prior notice, re-take and resume possession of any goods which remain Megaware Computers 's property and by its servants and agents, enter upon the Customer's premises, or any other place where the goods may be, for the purposes if:

13.1 There is any breach of any contract between Megaware Computers, the Customer: or
13.2 The Customer commences to be wound up or is placed under official management, or a receiver or a receiver and manager, or a voluntary administrator is appointed in respect of the Customer, its undertaking or property or any part thereof, or an encumbrancer. by itself or by an agent, taken possession of the Customer's undertaking or property or any part thereof: or The Customer parts with possession of the goods or any of them otherwise than by way of sale to a customer in the ordinary course of business.Megaware Computers may recover the price of the goods by such action as it considered appropriate including proceedings to appoint a liquidator to the Customer, if the goods are not paid for within Megaware Computers 's terms, or any separate arrangement for credit made by Megaware Computers with the Customer, notwithstanding that property in the goods has not passed to the Customer.
13.3 Any legal action to recover the goods/services will be borne by the customer.

14. LIMIT OF CONTRACT
These terms do alter from time to time and Megaware Computers has the right to vary these Terms and Conditions of Sale as and when deemed appropriate. The Customer accepts and acknowledges that this may happen during the term of their business relationship and that it is not possible to re-submit signed documents each time they alter. The customer acknowledges that they will keep themselves updated on the latest terms of trade by accessing them on the Company's website at www.megaware.com.au and these shall supersede all previous and other communications and presentations unless these are in writing and express special terms or variations.

15. Typographical Errors
While we make every effort to ensure the products information and pricing on our website is accurate and current, there may be instances where inaccurate or incomplete data is displayed. In the event that item data is incorrect, such as listed with an incorrect price, availability, or with incorrect information, Megaware Computers shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. We reserve the right to correct and/or update the content on our website at anytime without notice.