TERMS AND CONDITIONS OF TRADE

 

1.        PRELIMINARY

These terms and conditions shall apply to all contracts made by i-Play Multimedia (i-Play), with customers for the sale of equipment or services supplied by i-Play Multimedia. No variation in these terms and conditions shall be effective unless modified in writing and signed by i-Play Multimedia.

2.        PRICES

(a)       Unless otherwise and specifically stated prices listed or quoted for i-Play Multimedia goods and services do not include freight, insurance, any special packaging required by the customer, installation, commissioning and maintenance.

(b)      Prices are in Australian dollars and include GST.

(c)       Prices are subject to changes any time, with or without prior notices, due to stock availability, shift in costs, or other unforeseeable reasons.

(d)      i-Play Multimedia reserves the right to modify prices any time, prior to the notification letters or emails of despatch are sent to the customers.

 

3.        CANCELLATION OR VARIATION OF ORDERS

(a)       Cancellation or variation of orders may incur expenses to i-Play Multimedia up till the time of the changes. While i-Play Multimedia would not penalise customers for genuine reasons for cancellation or variation, we reserve the right to apply a surcharge of a reasonable amount.

(b)      An accepted order may only be cancelled or varied with i-Play Multimedia written consent and the giving of this consent shall not in any way prejudice i-Play Multimedia’s right to recover the customer’s full compensation for any loss or expense arising from such cancellation or variation.

(c)       i-Play Multimedia reserve the right to cancel or vary any order at our own discretion.

(d)      For products including but not limited to: software, licensed keys, i-Play Multimedia does not accept any cancellation or variation of orders, once the products are opened and/or used on any device.

 

4.        PACKING, DELIVERY AND PASSING OF TITLE

(a)       The goods will be supplied in i-Play Multimedia standard packaging.

(b)      Any other packaging requested by the customer or deemed necessary by i-Play Multimedia will be charged for accordingly in addition to the price quoted.

(c)       The goods shall be delivered by i-Play Multimedia or dispatched for delivery to the customer at the address of the customer stated in the Contract or as the customer may from time to time otherwise direct i-Play Multimedia to deliver to.

(d)      The risk to damage of goods transfers to the customer following collection from i-Play Multimedia premises by any courier i-Play Multimedia may employ on the customer’s behalf.

(e)      Title to and property of the goods shall only pass to the customer on i-Play Multimedia’s receipt of all monies payable by the customer. If, due to unauthorised credit card or similar fraud, the title of the goods shall be shifted back to i-Play Multimedia until the full payments to i-Play Multimedia are made or cleared.

(f)        International orders will be despatched through Aust Post, or other courier services listed on i-Play Multimedia's website.

5.        PAYMENT

(a)       i-Play Multimedia accepts three types of payments: Paypal, e-WAY, EFTPOS and Direct Deposit. The payment will be processed after the customer place the order with confirmation of intent to purchase and acceptance of this terms and conditions of trade.

(b)      International customers may pay by Paypal only.

(c)       In the event that the customer defaults their payment of an invoice or otherwise, and under these terms and conditions or being adjudged bankrupt or compounding with creditors, i-Play Multimedia shall have the right to withhold further deliveries and retain any payments already made. This shall be in addition to any right of action or remedy by i-Play Multimedia for the recovery of any moneys due for any prior breach by the customer.

(d)      Additionally, in the case of default, i-Play Multimedia may charge interest on such amount at the rate of 3% per month from fourteen days after the due date for payment until the date of payment of the account in full.

6.        DEFECTS APPARENT ON INSPECTION

(a)       The customer shall not have any claim for defects apparent on visual inspection unless:

(i)                    the customer inspects the goods within three working days of receiving the goods; and

(ii)                  a written or oral complaint is made to i-Play Multimedia within seven days of receiving the goods, specifying the shortage or defect; and

(iii)                 i-Play Multimedia is given an opportunity to inspect the goods and investigate any complaint.

(b)      If a complaint is not made to i-Play Multimedia as per paragraph (a) above then good shall be deemed to be in all respects operational in accordance with the Contract.

7.        WARRANTY AND LIMIT OF LIABILITY

(a)       Standard Warranty Period
Subject to clauses 5 and 6, i-Play Multimedia warrants its goods to be free from defects in materials and workmanship under normal use, service and conditions be assembled in compliance with all applicable regulations by sufficiently qualified people, and agrees to make any necessary repair or replacement of the defective parts or flaws in workmanship, for a period of one (1) year, starting from the date of purchase from a registered reseller  or distributor by the user. 

(b)      Voluntary Extension of Warranty Period
Some manufacturers do provide voluntary extension for warranty, and these will be stated in the relevant product pages (www.i-play.com.au).

(c)       The customers shall present the original invoice issued by i-Play Multimedia to verify the eligibility for the warranty service. If such an invoice is not produced, i-Play Multimedia will treat the warranty claim based on the serial number, where this indicates the manufacture date, plus a 3 month grace period. In case the serial number does not indicate the manufacture date, or if the date is outside of the period in (b) and the grace period (seven days), i-Play Multimedia reserves the right to refuse the claim for warranty repair, or to charge a suitable fee for the parts and services.

(d)      From time to time, i-Play Multimedia may hold special sales for certain products, or give away free products for certain stock that are slightly outdated. For such items, i-Play Multimedia reserves the right to limit the warranty period to a shorter time, or to eliminate it completely. i-Play Multimedia will display and inform such conditions for such activities; and the customer, on completing the purchase process, acknowledge such conditions.

(e)      The warranty in paragraph (a) and (b) above does not cover damage to the goods caused by accident, misuse, acts of third parties, environmental conditions, neglect, improper installation, improper maintenance or other causes beyond the control of i-Play Multimedia.

 

(f)        The warranty in paragraph (a) and (b) above is in addition to the warranties and conditions implied in Part V Division 2 of the Trade Practices Act 1974 (Commonwealth) or by applicable State Acts and Territorial Ordinances to the extent that such implied warranties and conditions are incapable of exclusion.

(g)       i-Play Multimedia’s obligations under the warranty in paragraph (a) above in relation to goods and services shall be limited at i-Play Multimedia’s discretion to:

(i)                    replacement of the goods with new, refurbished or equivalent goods;

(ii)                  repair of the goods;

(iii)                 payment of the cost of replacing the goods or of acquiring equivalent goods;

(iv)                 payment of the goods of having the goods repaired.

(h)      After a warranty service as described in (g) i. or (g) ii., remaining warranty term for the product will still be based on the original purchase dates and conditions in (a) (b) and (c) above.

(i)        Freight on warranty claims is at the customers cost (Back to Base).

(j)        Where i-Play Multimedia responds to a complaint which is not covered by the warranty in paragraph (a) above we reserves the right to charge the customer at its normal rates for travel, subsistence, labour and materials in carrying out any inspection and rectification.

(k)       i-Play Multimedia shall have no liability in contract, tort or otherwise including loss of profit or of contract, economic loss whatsoever arising, or any injury, consequential damage or loss.

(l)        i-Play Multimedia shall not be liable for any loss sustained by the customer through act or circumstance beyond i-Play Multimedia’s reasonable control including but not limited to Acts of God, war, blockade, riot, strike, fire, drought, flood, lightning, earthquake, storm or other elements, explosion, accident, sabotage, legislation, regulations, orders or action, governmental or quasi governmental restraint, expropriation, prohibition, intervention, direction or embargo, scarcity, unavailability or delay in availability of or failure to obtain power supply, raw materials, labour, containers, or transportation; inability or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licenses, authorities or allocations.

8.        SPECIFICATIONS AND TECHNICAL INFORMATION

(a)       All specifications are approximate only and are subject to normal margins of tolerance. i-Play Multimedia reserves the right to vary specifications without notice in light of changes in technical knowledge, production techniques, government or other regulation, consideration of safety or other reasonable causes.

(b)      The information contained in the advertising, sales and technical literature issued by i-Play Multimedia may be relied on to be accurate in the exact circumstances in which it is expressed otherwise any illustration, performance details, examples of installations and methods of assembly and all other technical data in such literature are based upon experience and from trials under test conditions. Accordingly, the information contained in i-Play Multimedia publications is provided for general guidance only and does not form any part of the Contract unless expressly agreed in writing by i-Play Multimedia. Purchasers should obtain specific recommendations and advice from i-Play Multimedia regarding the uses and attributes of i-Play Multimedia goods; all such advice being given and accepted at the customers own risk.

9.        CONSTRUCTION OF CONTRACT AND GOVERNING LAW

(a)       A Contract is made and binding on both parties, when:

(i)                    the customer place an order by clicking on the webpage to accept the terms and conditions, and

(ii)                  the full payment has been made and verified by i-Play Multimedia, and

(iii)                 i-Play Multimedia despatches the goods.

(b)      i-Play Multimedia reserves the right to recover the losses from the purchaser, parents or guardians, or relevant persons in case the purchaser makes a false presentation including, but not limited to:

(i)                    underage juniors without legal capacity to make the purchase

(ii)                  unauthorized use of credit card or saving card

(iii)                 identity fraud.

(c)       The terms and conditions herein constitute the entire agreement between i-Play Multimedia and the customer relative to i-Play Multimedia’s provision of goods and/or services and supersede and take precedence over all prior agreements, understandings and negotiations relating to the goods and/or services.

(d)      i-Play Multimedia reserves the right to vary the Terms and Conditions of Trade from time to time. In the event of this occurring, i-Play Multimedia will publish the new version of the Terms and Conditions of Trade on i-Play Multimedia website (www.i-play.com.au) and raise a news item for the distribution channel about the changes. Customers are expected to check these Terms of Conditions of Trade regularly.

(e)      The validity, interpretation and application of any quotations or contracts embodying these terms and conditions shall be governed by and construed in accordance with the law of the State of New South Wales, Australia.

(f)        In case of a dispute or disagreement for this terms and conditions of trade, both parties agree that the legal system for judiciary determination is with the state of New South Wales, Australia.