Terms

Page last updated 19 Febraury 2010 PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALES AGREEMENT") VERY CAREFULLY. BY AGREEING TO PURCHASE FROM HERON CONSULTING Pty Ltd (“Heron”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. Important Information About This Legal Contract

This Sale Agreement is a legal contract between the Customer and Heron. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Heron Consulting Web Site (“the Site”). (References to "you" or "your" shall relate to the Customer; references to "Heron" shall relate to Heron Consulting Pty Ltd and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.

This Sale Agreement constitutes the entire agreement between the Customer and Heron relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Heron. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Heron at the address provided below.

In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.

Title; Risk of Loss Title to goods herein being purchased passes to the purchaser only after full payment of the goods has been received and processed by Heron, unless otherwise specified. Loss or damage that occurs during shipping by a carrier selected by Heron is Heron's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s). In the event of the purchase being made through a third-party financial institution (such as, but not exclusively, Flexirent Capital Pty Ltd), transfer of title is only made when all documentation requested by the financial institution has been returned, validated and approved, and the monies covered under that documentation has been deposited into Heron's nominated bank.

LCD Dead Pixel Policy LCD Dead Pixel Policies vary from manufacturers. Please check carefully with the manufacturer before you make your purchase. If you have any doubt or confusion, discuss this with us BEFORE placing your order.

General Legal Disclaimer HERON HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY HERON IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.

Internet Disclaimer Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.

The right to change prices and cancel orders without notice We reserve the right to change prices without notice due to the nature of IT industry. Heron Consulting Pty Ltd reserves the right to refuse or cancel any orders, whether or not the order has been confirmed and payment made. If the payment has being made for the purchase and your order is cancelled, we will notify you immediately and refund the amount paid for. We will inform you as soon as possible of any changes in prices, or cancellation of orders.

Third-Party Product and Y2K Disclaimer All products sold by Heron are third party products and are subject to the warranties and representations of the applicable manufacturers, including but not limited to Y2K compliance. Accordingly, Heron makes no representation or warranty with respect to the Y2K compliance of products sold.

Pricing and Information Disclaimer All pricing subject to change. For all prices, products and offers, Heron reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome!

While Heron uses reasonable efforts to include accurate and up-to-date information on the Site, Heron makes no warranties or representations as to the Site's accuracy. Heron assumes no liability or responsibility for any errors or omissions in the content on the Site. Please contact product manufacturer for any further details on the product or give us a call before you purchase if you're unsure.

Limitation of Liability Heron will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. Heron will not be liable for products or services not being available for use or for lost or corrupted data or software. Customer agrees that for any liability related to the purchase of products or services, Heron is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement.

Professional Services / Learning Solutions Not all services required by the many disparate clients of Heron will be available utilising the staff of Heron directly, or may not be available in the timescales required by our customers. In those events, Heron reserves the right to appoint an external services provider. Customised professional service and training contracts may be subject to tax. The services covered by this transaction are being sold, and any associated taxes, are being collected on behalf of Heron solely in the capacity as an independent sales agent. The Service Provider is solely responsible for all services covered by this transaction.

By ordering the services requested from Heron, the Customers acknowledges and agrees: Heron and their affiliates are resellers of contracts for professional services, Customised professional services and training and are not necessarily the providers of said services. The Service Provider is the only obligor responsible for providing services to the Customer. The Customer will look solely to the Service Provider for any loss, claims or damages arising from the purchase of such services, hereby releasing Heron and their affiliates from any and all claims the Customer may have arising from the provision of any such services. In some instances, Heron is merely acting to assist the Customer in obtaining the services desired by it and provided by the Service Provider.

Installation services Systems will be installed as per Heron Consulting Pty Ltd "best practice" approach, unless expressly stipulated by the customer. In the event of an installed system not performing as agreed, Heron agrees to offer remedial engineering effort appropriate to the impact of the performance defecit, as long as the request for remedial support is made before any third party alters or reconfigures the system. Should the system be found to differ from the configuration left by the Installation Engineer, any further rework will be at the Heron standard rate.

Orders; Payment Terms; Interest; Taxes Orders are not binding upon Heron until accepted by Heron. Terms of payment are within Heron's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Heron may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order. All payments are to be made/charged when invoiced, you are entitled to a full refund if the product is not in stock.

Title of goods and services sold do not pass away from Heron unless payment is made in full. We reserve the rights to collect the goods if payment is in question or doubt. Any additional costs incurred by Heron in the collection of outstanding invoice amounts will be added to the invoice amount for collection and will be considered simply as an increase in the past-due sum. This includes any additional sums charged for the physical reclamation of goods. Non-Payment will result in your details being referred to our debt collection agency or credit reference agency without notice to you. We reserve the right to recover our legal and other costs resulting form collection of any amount owed by you.

Cancellation of orders or Change of orders Heron may not refund in full simply because customer changes his/her Mind. We reserve the rights to keep up to 30% of the full invoice amount payment for such cases. This includes change of orders.

Freight Policy Contact Heron for our most current and competitive rates, options and shipping specials. For the Customer's protection, we ship only to an address that can be verified according to our standards.

Return Policy Heron offers a 7 day return policy on selected items based on manufacturer return policies. Please call (08) 610 27 277 or e-mail our Customer Relations Department at support@heronconsulting.com.au Returns may not be accepted without a valid invoice number. For faster service, please have the following information on hand when calling for a return order: customer name, invoice number, serial number and the reason for the return.

All products returned MUST: be 100 percent complete and contain ALL original manufacturer boxes with the original packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment.

Shipping charges on returned items are the customer's responsibility. For your protection, we strongly recommend you fully insure your return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery.

DEFECTIVE returns can be returned directly to Heron within 30 days from the invoice date, at Heron's discretion for: credit, replacement, exchange or repair. Manufacturer restrictions do apply. After 7 days, all manufacturers' warranties apply.

NON-DEFECTIVE returns can be accepted directly by Heron within 7 days from the invoice date, at Heron's discretion for: credit, exchange. All NON-DEFECTIVE returns are subject to a 30 percent restocking fee. Due to manufacturers' policies, products from the following brands are accepted for repair only: Apple, Compaq, IBM, and Hewlett-Packard. Heron may not accept returns for exchange, replacement or credit. If you receive a unit that is inoperable FOR ANY REASON, you may contact us for information on warranty service through Heron, the manufacturer direct or any authorised service centre in your area. Additional manufacturers may be added to this list as: manufacturer policies change, manufacturers go out of business or in the case of specially ordered items. Heron reserves the right to authorize product returns beyond 7 days from the invoice date. IF the product is accepted after 7 days, credit will be issued toward FUTURE PURCHASES ONLY. Original shipping charges are not refunded on returned items.

Goods Returned For Credit, Refund or Repair Goods returned within the warranty period that are not repairable or have been obsoleted will be replaced with a similar model or given a refund for their current market value due to the nature of computer industry.

Under ACCC guidelines for refunds of goods under warranty claims - specifically the ACCC quotes as follows on their web site : "If the goods being returned have had a fair amount of use then you may be entitled to a partial refund only or to repair the product instead"