Terms and Conditions

Integrated Wireless Distribution's Terms and Conditions for online trading

1.Definitions

"Customer" means the party seeking to order and pay for the Product through the Integrated Wireless Distribution Internet Website; "Integrated Wireless Distribution Return Procedure" means the procedure for the return of the Product or any part thereof by the Customer to Integrated Wireless Distribution in accordance with the terms and conditions obtainable from the Integrated Wireless Distribution Internet Website (www.iwdistribution.com.au); "Product" means all hardware, software, accessories and services supplied by Integrated Wireless Distribution to Customer via the Integrated Wireless Distribution Internet Website and "Products" has like meaning. "Online Order" means an order placed by a Customer utilising the Integrated Wireless Distribution secure online ordering service.

2.All Online Orders Subject to These Terms and Conditions

(a) Subject to availability of stock and to Integrated Wireless Distribution’s right to refuse in its absolute discretion to accept any order, Integrated Wireless Distribution shall supply to the Customer, Product in such quantities and at such prices and in such manner as described on the Integrated Wireless Distribution website at www.iwdistribution.com.au such trade shall be subject to these Terms and Conditions.

(b) Terms and conditions contained in any form, order or other writing of the Customer, its representative or agent which are at variance with or additional to these Terms and Conditions are not binding upon Integrated Wireless Distribution or any other party unless specifically accepted by Integrated Wireless Distribution in writing.

3. Delivery of Product

(a) Integrated Wireless Distribution in its absolute discretion will, if it accepts an order from a Customer following payment being authorised and acknowledged by its bank, arrange physical delivery of the Product to the Customer at the address specified in the Customer's order.

(b) Except pursuant to a specific prior arrangement and at the cost of the Customer, Integrated Wireless Distribution will not deliver any Product to any Customer or third party outside of the Commonwealth of Australia.

4. Terms of Payment

(a) Payment for the Products shall be made in full by the Customer to Integrated Wireless Distribution in accordance with the Terms and Conditions without deduction, set-off or demand, utilising a secure payment system provided by Integrated Wireless Distribution.

(b) If the Customer fails to make payment in accordance with sub-clause 4(a) above for any order of the Product Integrated Wireless Distribution may in its absolute discretion suspend or cancel the supply of the Product to the Customer until all amounts owing by the Customer are paid in full.

5. Price Variation

(a) Subject to the other provisions of this clause 5 the price payable for the Products shall be Integrated Wireless Distribution's advertised price for the Products on the Integrated Wireless Distribution Internet Website at the time when the order is accepted by Integrated Wireless Distribution.

(b) Integrated Wireless Distribution will use all reasonable care to avoid, but will not be responsible for, any typographical or other errors or omissions regarding prices or other information.

(c) Prices and configurations are subject to correction or change by Integrated Wireless Distribution without notification.

(d) Promotional offers and prices are for the limited time specified in the offer and can be withdrawn at any time without notice.

(e) If any government imposes a duty, tax (other than income tax) or fee on any Product or the sale of any Product, not otherwise provided for in Integrated Wireless Distribution's prices or charges, the Customer agrees to pay it when invoiced by Integrated Wireless Distribution.

6. Orders

All orders are subject to acceptance by Integrated Wireless Distribution. The Customer will be notified within five (5) working days, where possible, if the order has been placed on back-order or cannot be otherwise immediately filled. Integrated Wireless Distribution will not be responsible for any delays in delivery or supply of the Product caused by any reason beyond the control of Integrated Wireless Distribution including but not limited to stock shortage. Provided the Product ordered by a Customer has not been shipped the Customer can cancel any order and apply for a refund if payment has been made. This can only be done by the customer contacting Integrated Wireless Distribution's Customer Service team on 1800 225 232.

7. Year 2000 Disclaimer

(a) Upon the request of the Customer, Integrated Wireless Distribution will, without obligation, assist the Customer in obtaining information on what measures, if any, are available to protect the customer from any adverse effect the year 2000 may have by use of the Product on the Customer's IT equipment (otherwise known as "the Millennium Bug") BUT Integrated Wireless Distribution does not warrant or represent that the Products when used in conjunction with any hardware or other software will not be affected by the Millennium Bug AND the Customer expressly accepts that Integrated Wireless Distribution shall not be liable for any breakdowns, delays, data losses, financial losses or any other losses suffered by the Customer or any other person or entity caused directly or indirectly by the effects of the Millennium Bug.

(b) The Customer acknowledges that it shall be solely responsible for the investigation, acquisition and implementation of all protective measures available to it relating to or considered advisable to minimise or eliminate the effects of the Millennium Bug arising from the use of the Products. Click for more information on Year 2000 compliance

8. Passing of Risk and Title

(a) Provided payment in full has been received by Integrated Wireless Distribution the title to any Product purchased passes to the Customer upon despatch of the Product by Integrated Wireless Distribution to the Customer's address

(b) Any Products sold by Integrated Wireless Distribution to the Customer shall be at the Customer's risk as and from dispatch to the Customer or at the Customer's direction. Following dispatch the Customer shall be responsible for any loss or damage to the Products however arising. The Customer hereby agrees to indemnify and keep indemnified Integrated Wireless Distribution for any loss sustained in any manner whatsoever by Integrated Wireless Distribution in relation thereto.

9. Liability

(a) Integrated Wireless Distribution shall not be liable to the Customer or to any other person whatsoever for any loss or damage howsoever caused arising directly or indirectly from or in connection with the Products, parts of the Products, or otherwise, other than expressly imposed by statute and to the extent to which liability can be excluded it is.

(b) Notwithstanding the generality of (a) above, Integrated Wireless Distribution expressly excludes liability for consequential loss or damage including but not limited to loss of profit, business, revenue, goodwill or anticipated savings.

(c) The limit of all liability for which Integrated Wireless Distribution might be held responsible is, at Integrated Wireless Distribution's option, to any one of re-supplying, replacing or repairing the Product or supplying again any services.

10. Returns Policy and Procedure

(a) Integrated Wireless Distribution Return Procedure does not apply to "clearance" or "bargain basement stock" or to any other stock specifically advertised and sold as not returnable or refundable.

(b) Provided the Customer complies with the Integrated Wireless Distribution Return Procedure and the stock to be returned is not covered by sub-clause (a) above, the Customer may return any Product they wish to return, at Customers cost, with all original packaging and contents and in original undamaged condition, so as to reach Integrated Wireless Distribution within thirty (30) days from the date of the delivery relating to that or those Products

(c) Each claim of the Customer for return shall be dealt with under Integrated Wireless Distribution's Return Procedure. The Integrated Wireless Distribution Return Procedure requires that the customer contacts Integrated Wireless Distribution's Customer Service team on 1800 225 232 to obtain a Return Authority Number details of which must be included with the Product when returned. Products to be sent or returned to the Customer following compliance with the Integrated Wireless Distribution Return Procedure shall be sent by Integrated Wireless Distribution to the Customer subject to clause 10(d) below.

(d) Integrated Wireless Distribution shall have no liability for any damage or defects in the Products that have been caused by improper storage, warehousing or transport, or by neglect, abuse or improper use, installation, maintenance or unauthorised repair.

11.Waiver

Failure or neglect by Integrated Wireless Distribution to enforce at any time the provisions hereof shall not be constructed nor shall be deemed to be a waiver of Integrated Wireless Distribution's rights hereunder nor in any way affect the validity of the whole or any part of this agreement nor prejudice Integrated Wireless Distribution's rights to take subsequent action.

12.Severability

In the event that any or any part of these Terms and Conditions shall be determined invalid, unlawful or unenforceable to the extent such terms and conditions shall be severed from the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.

13.Whole Agreement

This Agreement supersedes any arrangements understandings provisions or Agreements made or existing between the Customer and Integrated Wireless Distribution prior to or simultaneously herewith and constitutes the sole and entire Agreement between the parties and except as provided herein no variation amendment modification or addition to any of its terms shall be of any force or effect unless the same shall be in writing and signed by and on behalf of the Customer and Integrated Wireless Distribution.

14.Governing Law

The parties agree that the Terms and Conditions and their application and enforcement shall be constructed in accordance with the Law of the State of New South Wales Australia and all parties agree to the accept the jurisdiction of the Courts of that State.

15.Access to the Customer's Consumer Accounts

The Customer hereby authorises Integrated Wireless Distribution to make enquires at any time and from time to time report to any credit reporting agency information relating to the Customer's individual account and its conduct with Integrated Wireless Distribution.

16. Warranty

(a) Integrated Wireless Distribution's warranty to the Customer in respect of the Products is as set out in the warranty conditions accompanying the Products.

(b) The Customer's rights under this clause 16 are subject to clauses 8 and 10 above.

(c) The warranties provided in respect of the Product are to the extent permitted by law exclusive and in lieu of all other warranties whether express or implied, including without limitation any warranty of merchantability or of fitness for a particular purpose.