1.1         Dimension Data Australia Pty Ltd ACN 003 371 239 (“Dimension Data”) agrees to supply Products to you on these terms and conditions (“these Terms”). By purchasing products from this web site you are agreeing to be bound by these Terms.

“Charges” means the fees to be paid by you to Dimension Data for the Products;

“Intellectual Property Rights” means any rights throughout the world, whether present or future, relating to copyright, patents, trade marks, designs, trade secrets, know-how, circuit layouts, ideas, concepts, technology and industrial knowledge;

“Products” means any products items supplied to you under these Terms ;

“Software” means any product comprising computer code whether a discreet product, code applied as a consequence of the Services or as an integrated component of goods supplied to you by Dimension Data;

“Specifications” means the manufacturer’s functional specifications for the Products; and

“Warranty Period” means:

(a)         in the case of Software, the longer of either 30 days from supply of the Software or the warranty period provided by the manufacturer of the software; and

(b)         in the case of goods, 30 days from delivery of the goods or as provided by the manufacturer of those goods.

4.1         Dimension Data makes no warranty in relation to the Products other than as contained in these Terms or as prescribed by a law which cannot be excluded or, in the case of Products, as provided by the Products’ respective manufacturers, as made known to you in the documents supplied to you by Dimension Data or the manufacturer, or as otherwise published or made known to you.

4.2         In the absence of written agreement to the contrary, the Warranty Period commences on delivery.

4.3         For Products errors or defects reported by you during the Warranty Period will be dealt with in accordance with the supplier’s warranty terms.

4.4         Warranty services are available only during Dimension Data’s normal business hours, being 8.00am to 6.00pm Monday to Friday (excluding public holidays) in the state or territory where the Products are delivered. All repair services required outside these times will be charged at Dimension Data’s standard rates.

4.5         If a Product is modified or the defect is caused by any person other than Dimension Data, the warranty is void, and rectification work will be charged at Dimension Data’s then current rates.

5.1         Dimension Data will use its reasonable endeavours to deliver Products to you by the date agreed but will not be liable for any delays in delivery caused by matters beyond its control.

5.2         Orders will only be shipped to an Australian address.  PO Boxes are not accepted.

5.3         Delivery is AUD11.00 per order.

6.1         Risk of loss, theft, damage, deterioration or destruction of Products passes to you upon the earlier of delivery to you, the taking of possession by you and the delivery to your carrier for delivery.

7.1         Until the Products have been paid for in full, they remain the property of Dimension Data. If you fail to pay any moneys to Dimension Data when due, Dimension Data may immediately without notice or demand take possession of the Products. This right is without prejudice to any other rights that Dimension Data may have.

8.1         Unless otherwise agreed in writing, all Intellectual Property Rights attaching to the Products are and will remain the property of Dimension Data (or its supplier, where such rights are owned by that supplier). 

8.2         Software will be licensed to you on the terms of the relevant licence agreement provided with the Product or as otherwise agreed between us in writing.

9.1         You acknowledge that Dimension Data has not made any warranty or representation, express or implied, in relation to the Products or the Services, including whether they are suitable for a particular purpose, whether such purpose was made known to Dimension Data or not, other than as set out in these Terms or the Specifications.

10.1       To the fullest extent permitted by law, we agree to exclude any terms which would otherwise be implied into these Terms by any statute. Dimension Data’s liability for a breach of a condition or warranty implied into these Terms by the Trade Practices Act, 1974 or similar legislation is limited at the option of Dimension Data:

(a)         if the breach relates to goods, to the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; and

(b)         if the breach relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.

11.1       Dimension Data will not be liable to you for any indirect or consequential damages including loss of profits, revenue, data or use arising out of or in relation to the supply of the Products or the Services, even if Dimension Data knew or should have known of the possibility of such loss or damage and whether damages are claimed in contract, tort (including negligence) or statute.

11.2       Except in relation to liability for personal injury (including sickness and death), or damage to tangible personal property, Dimension Data’s liability to you in respect of any loss or damage (including consequential or indirect loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of the supply of Products pursuant to these Terms or in respect of a failure or omission on the part of Dimension Data to comply with its obligations under these Terms, shall be, in aggregate, limited to an amount equal to the amount paid by you to Dimension Data under these Terms.

12.1       The amount payable by you is inclusive of existing taxes, duties and government charges imposed or levied in Australia in connection with the supply of the Products and Services, including GST. You shall be liable for any new or amended taxes, duties or charges imposed subsequent to Dimension Data’s quotation or proposal or to this agreement in respect of the supply of the Products and Services Dimension Data will issue a valid tax invoice where GST is to be recovered..

13.1       All notices issued under these Terms must be in writing and sent by mail, hand delivery or transmitted by facsimile to the address or facsimile number of the receiving party and shall be deemed delivered, in the case of hand delivery, on delivery; in the case of posting, three days after dispatch; and in the case of a facsimile, on completion of complete and legible transmission.

13.2       No leniency, indulgence or extension of time granted by either party will prejudice any rights in any way or constitute a waiver.

13.3       If any of these Terms are for any reason declared to be or become unenforceable, invalid or illegal, the remaining Terms will remain in full force and effect.

13.4       These Terms are governed by the laws of New South Wales and the parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.