These terms and conditions apply to all orders placed by the Applicant with Magnafield Technology Distribution unless otherwise agreed to in writing by Magnafield Technology Distribution.

 Definitions:

 The following terms have these meaning unless a contrary intention appears:

  "Applicants" shall include, in the case of an individual his executors and administrators assigns and legal representative and in the case of a corporation, its successors and permitted assigns Where the Applicant is more than one person all Applicants shall be jointly and severally bound by the terms and conditions contained or implied herein.

 "Goods" means all products and services offered for sale by Magnafield Technology Distribution to the Applicant.

  1.               Risk 

Goods shall be at the Applicant's risk from physical delivery of goods to the Applicant or its earner or bailee or the passing of title in the goods to the Applicant, whichever is first to occur. 

2.               Title 

(a)             Legal and beneficial title to the goods shall not pass from Magnafield Technology Distribution to the Applicant until such time as the goods purchased by the Applicant from Magnafield Technology Distribution have been paid form full and there are no other moneys outstanding by the Applicant to Magnafield Technology Distribution on any other account whatsoever, or until goods are sold, whichever date first occurs. 

(b)             The Applicant hereby grants a licence to Magnafield Technology Distribution, its servants or agents to enter any premises of the Applicant upon which the goods are situated during normal business hours to inspect the goods and retake possession of the same should the purchase price of the goods not be paid in full by the due date, and the Applicant acknowledges that such access shall be full, free and unhanded and shall not constitute a trespass by the Applicant. 

3.               Applicant's Covenants 

The Applicant shall not, without the prior written consent of Magnafield Technology Distribution:

(a)             Repackage any goods or reproduce any artwork on the packaging of any goods,

(b)             Reproduce any trademark appearing on any goods or the packaging of any goods,

(c)             Make a copy of or sell, hire or offer for sale a copy of any goods, or

(d)             Import for the purpose of distribution, sale or hire any goods which are licensed or under sole distribution agreement to Magnafield Technology Distribution. 

4.               Magnafield Technology Distribution Warranties 

(a)             All products are covered for the period being the same as is extended by the Manufacturer from the date of purchase against all manufacturing defects excluding however claims arising by reason of misuse, misapplication or damage by accident. 

(b)             Proof of purchase is required when claiming under warranty, and goods will not be replaced unless proof of purchase is provided. 

(c)             Save as provided in Clause 4 (a) above, any liability arising in respect to the quality of the Goods, fitness of the Goods sold, state of the Goods or condition of the Goods or otherwise purchased by the Applicant from Magnafield Technology Distribution, whether expressed or implied bylaw are to the maximum extent permitted by law excluded and negatived. 

(d)             Any liability incurred by Magnafield Technology Distribution to the Applicant is limited to the replacement of the Goods or (at the option of Magnafield Technology Distribution) refund of the price paid by the Applicant and is conditional upon the customer within 14 days of delivery making a written claim and returning the goods to enable a proper examination by Magnafield Technology Distribution. Magnafield Technology Distribution shall have no liability whatsoever to the Applicant or any other person claiming under or through the Applicant for any consequential loss or damage howsoever suffered or incurred in relation to Goods purchased by the Applicant from Magnafield Technology Distribution, including any loss or damage resulting directly or indirectly from any failure, breakdown, defect or deficiency of whatsoever kind or nature in such Goods. 

(e)             No representation is given by Magnafield Technology Distribution to the Applicant whether in relation to the condition or suitability of the Goods, the date of delivery, the quality, the fitness, safety, or otherwise of the Goods and the Applicant hereby acknowledges that no such representation shall be relied upon in any event. 

5.               Return of Goods  

(a)             The Applicant shall be deemed to have accepted the Goods supplied by Magnafield Technology Distribution unless it notifies Magnafield Technology Distribution in writing of any claim within 14 days of delivery of the Goods.

(b)             Notwithstanding part (a) above, any return of goods must strictly adhere to the procedures as follows:  

(1)       Damaged Goods:

                                 i.            Any goods returned to Magnafield Technology Distribution with physical damages (the customer will be notified of the damage) will be void of their warranty.

                               ii.            Damages incurred in freight must be reported to Magnafield Technology Distribution immediately upon receipt-where this is not done, the goods are assumed to have been damaged after receipt and will be void of any warranty as per clause (i) above. 

(2)       Return for Repair or Replacement:

                                   i.          No replacement will be sent out before Magnafield Technology Distribution receive and test any goods suspected to be faulty

                                  ii.          Goods found to be faulty can be returned for rep air/replacement within the applicable warranty period.

                                iii.          Warranties commence from the date of Magnafield Technology Distribution's sale, or where applicable State/Territory laws dictate.

                                iv.          Applicant must pay the freight to Magnafield Technology Distribution; Magnafield Technology Distribution pays return freight after rep air/replacement.

                                  v.          Goods being returned under warranty MUST include:

(a)      Return Authorization number, issued via the Magnafield Technology Distribution website, - clearly marked on the outside of the box.

(b)      Adequate fault description.

(c)      Suitable packaging - Magnafield Technology Distribution will NOT warrant damaged goods.

(3)       For Credit:

                              i.               Credits can be issued for goods falling under the following categories:

(a)        Magnafield Technology Distribution shipped the wrong product.

(b)        The product is Dead on Arrival (DOA), i.e. found to be faulty within seven (7) days of Magnafield Technology Distribution's invoice date, other than LCD monitors.

(c)        Damages or short shipments (must be reported to Magnafield Technology Distribution within 48 hours)

                             ii.               Goods not falling under the categories in (i) above can be returned for credit (subject to management approval) AND will be subject to a 15% restocking fee under the following circumstances:

(a)      Applicant cancelled the order.

(b)      Applicant ordered the wrong product.

(c)      Goods returned more than seven (7) days after Magnafield Technology Distribution's invoice date (where approved by management).

(d)      Goods are returned more than five (5) days after receipt of Credit Authorization number.

                           iii.               Credits will not be accepted by Magnafield Technology Distribution

(a)      Where goods are not in original condition AND packaging (including all applicable manuals, cables and drivers, etc)

(b)      Where an authorization number, issued by the accounts department (on the applicable form) is not included with the delivery

(c)      Where the goods in question are not returned to Magnafield Technology Distribution within 5 days of the authorization number being issued

(d)      Where goods are damaged

(e)      Where goods are sent back for credit because they are faulty, and no fault is found by Magnafield Technology Distribution

(f)      Where any item, specially brought in can not and will not be accepted back for credit.

                           iv.               Under no circumstances will Magnafield Technology Distribution accept freight forward deliveries. 

6.               Manufacturer Product Warranties 

(a)        Manufacturers warranty information is provided on the Magnafield Technology Distribution website and price lists issued from time to time.

(b)        Computer systems assembled by Magnafield Technology Distribution come with either a 1 year or 3 year on site warranty unless otherwise expressly specified on the invoice.

(c)        United Electrical Engineering or agents of United Electrical Engineering carry out on site warranties. For information on the coverage and warranty agreement, please refer to United Electrical Engineering.

(d)        Magnafield Technology Distribution does not warrant or guarantee the performance or non-performance of services contained within the warranty agreement provided by United Electrical Engineering and agents thereof, and the Applicant indemnifies Magnafield Technology Distribution from liability for any performance or non-performance of United Electrical Engineering or agents thereof. 

7.               Deliveries and Delivery Charges 

(a)        All orders will be charged freight at the applicable rate, depending on the courier used, and at Magnafield Technology Distribution's discretion.

(b)        Generally cut off times for deliveries each day are as follows:

1)     Melbourne Metro:

                                                                                  i.     10:00 am for delivery same day (delivery after 1pm)

                                                                                 ii.     1:30 pm for delivery next morning (delivery prior to noon)

2)     Regional Victoria:

                                                                                  i.     12:00pm for all deliveries

3)     All other areas (including all capital cities and regional areas):

                                                                                  i.     1:00 p m for all deliveries

4)     Freight Forward deliveries:

                                                                                  i.     Magnafield Technology Distribution cannot offer Freight Forward deliveries - all shipments are sent by Magnafield Technology Distribution's preferred couriers. 

8.               Prices 

(a)             All prices and products (including errors and omissions) listed on the Magnafield Technology Distribution website, price lists and/or other promotional materials supplied from time to time are subject to change without prior notice.

(b)             Quotations are not held firm for any period of time unless expressly stated in writing on the quotation. 

9.               Applicant's Default 

(a)             If any payment is not received by Magnafield Technology Distribution by the due date, Magnafield Technology Distribution shall be entitled to 

                                 i.            cancel the Applicant's credit limit and require all future orders by the Applicants to be on a cash on delivery basis,

                                ii.            refuse to supply any other orders until such time the default is rectified,

                              iii.            cancel all back orders, and/or

                              iv.            retake possession of the Goods 

(b)             Magnafield Technology Distribution shall be entitled to terminate this agreement upon any of the following: 

                                 i.            the Applicant being in breach of any of the terms of this agreement for a period of seven (7) days; 

                                ii.            the Applicant being a person is declared or made bankrupt or enters into   any composition or arrangement with his creditors under Part X of the Bankruptcy Act, 1996 or being a company, is placed in liquidation or provisional liquidation or has Receiver or Receiver and Manager appointed to any of or all of its assets or has an administration with its creditors or if a mortgagee whether itself or by any agent takes possession of any assets of the Applicant or if execution is levied under any Court Judgement or otherwise of any assets of the Applicant, or 

                              iii.            if any Guarantor of the Applicant is declared bankrupt or enters into any composition or arrangement with his credit or sunder Part X of the Bankruptcy Act, 1996. 

Interpretation 

In this document unless a contrary intention appears, the singular includes the plural and vice versa and reference to a gender includes other genders. 

Headings in this document 

Headings are for reference only and do not effect the construction of any provision in this document.