These are the terms and conditions the Buyer agrees to when buying product from IMS Memory Australia Pty Ltd trading as IMS Memory or Integrated Memory Systems. No modifications are acceptable.

Definitions

“IMS” means IMS Memory Australia Pty Ltd.

“Buyer” means the person or company with whom IMS enters a contract for the supply of goods and/or services.

Lifetime Warranty

If the IMS memory does not work at any time IMS will replace or repair. Replacement or repair is at the discretion of IMS. This does not include flash memory product, they have a 1 year warranty. All warranty claims must follow the IMS return procedure.

Limitations on the IMS lifetime warranty

Warranty only covers mechanical failure. If the product has failed because of misuse or natural disaster, IMS will not replace. Warranty is not transferable. All warranty claims must follow IMS return procedure.

Flash Warranty

IMS provides a 1 year warranty on all flash products. Some manufacturers offer an extended warranty. To claim this warranty, product must be returned to the manufacturer. All warranty claims must follow the IMS return procedure.

14 Day Guarantee

The Buyer can return any product to IMS within 14 days of purchase for a credit. This credit can be used for the purchase of another product or refunded the same way as the buyer paid. The delivery charge will not be refunded unless IMS is at fault. All 14 day guarantee claims must follow IMS return procedure.

Limitations of 14 Day Guarantee

Product must be returned in original condition or re-saleable condition.

DOA

If the memory is Dead on Arrival (DOA), call or email the IMS office for technical advice, replacement or credit. The problem is usually configuration or compatibility and can be resolved within 24 hours with new product. Phone number is 02 9439 7800 and the email address is sales@imsmemory.com.au.

Void warranty issue

Using a memory upgrade from IMS does NOT void a computer's warranty. It is illegal to void or cancel a warranty because a Buyer has used a third party product.

When you purchased your computer or electronic device the law states: that as a Buyer you have statutory rights or an implied warranty. These legal warranties cannot be excluded or modified by a manufacturer or retailer. Need more information? See warranty publications provided by your state's Office of Fair Trading.

Return procedure

All returns must have a RMA (Return Material Authorisation) provided by IMS. A RMA number is required to trace the issue if there are further problems. IMS does not accept any responsibility for goods shipped without a RMA number. Returned products are to be shipped at Buyers expense to the following address:

IMS Memory - RMA# _________

PO Box 29,

St Leonards NSW 1590

IMS preferred courier is Australian Air Express or Australia Express Post. Both these couriers will deliver to a PO Box.

Shipping via another courier that does not deliver to PO Boxes, ship to:

IMS Memory - RMA# _________

Level 1, 50 Atchison Street

St Leonards NSW 2065

For security, the Buyers courier should issue a tracking number and collect a received signature upon delivery.

Pricing

In the absence of a quote, the IMS price for goods supplied will be the list price at the date of shipment.

All prices quoted exclude any applicable freight charges.

All prices quoted exclude GST which is payable on all goods shipped within Australia. This is because IMS is a distributor and sells to resellers. Resellers are required to mark up to their sale price from a base that excludes GST. Therefore IMS quotes their resellers a price that excludes GST but it is payable on all invoices. This is standard industry practice.

Pricing is based on market prices and our stock, therefore it is subject to change without notice and it is not binding on IMS.

Website pricing is subject to change without notice and stock levels. The memory market is a global commodity and as such can fluctuate in price and availability. IMS Memory operates in and is subject to these conditions.

Quotes

IMS memory pricing is based on market prices and IMS stock. If market prices increase IMS cannot guarantee the Buyer can purchase at the cheaper quoted price.

Any quotation given by IMS does not constitute a contractual offer. All quotations lapse after 30 days or the time frame stipulated on the quote. IMS may vary or withdraw a quotation at any time.

IMS brochures, catalogue and website are published as sources of general information only, do not constitute contractual offers, and are not binding on IMS.

Payment

IMS accept the following credit cards: BankCard, MasterCard and VISA. The buyer can also pay by bank deposit, our bank details are:

Westpac Crows Nest

Account name: IMS Memory Australia Pty Ltd

BSB: 032 298 Account number: 231480

IMS accepts cheques as payment but they must be sent to our mailing address, PO Box 29, St Leonards NSW 1590. Do not mail cheques to our physical address; it does not have a secure mailbox.

Always confirm a payment by email, fax or post with a receipt and or account reconciliation to IMS on fax 02 9439 7899 or email to accounts@imsmemory.com.au

Accounts on terms

If buyer has an approved credit account with IMS the goods and services supplied must be paid for within the terms of the credit granted. Where the buyer is overdue with any payment or IMS is in receipt of credit references which it regards as unsatisfactory, IMS reserves the right to change Buyer to COD account. Where the Buyer has a COD account all goods and services shall be paid for before they are supplied.

Ownership and retention of title

IMS shall retain title to goods supplied to Buyer until it has received payment in full. Goods belonging to IMS shall be stored so that they are identifiable.

If payment is overdue or Buyer enters into bankruptcy, liquidation, a composition with its creditors, has a receiver or manager appointed over all or any part of its assets or becomes insolvent, IMS shall be entitled, without prejudice to any other remedy, to repossess goods belonging to it and to enter any premises without notice for this purpose.

Claims

Buyer shall inspect all goods supplied upon delivery, IMS shall not be liable for shortages or other errors in delivery unless the buyer submits a written claim to IMS within seven (7) days of the delivery to which the claim relates.

Evaluations

IMS has a product evaluation program, which is aimed at assisting buyers to test products in an actual working environment. All evaluation goods are available for up to fourteen (14) days, if product is not bought, time extended or returned by this time an invoice will be issued. If product is to be returned it must be shipped at Buyers expense via courier or registered post only. IMS accepts no responsibility if goods are lost.

Delivery and Risk

Any time or date named by IMS for delivery is given as an estimate only, and IMS shall not be liable to make good any damage or loss whether arising directly or indirectly out of delay in delivery or shortage of product. The Buyer shall be responsible for arranging delivery and insurance of the goods. The Buyer may request IMS to arrange delivery on their behalf. IMS shall not be liable to the Buyer in the event of any failure to arrange insurance. Risk in the goods will pass to the Buyer ex IMS’s warehouse upon the goods being placed upon the vessel or vehicle which is to deliver the goods to the Buyer.

Limitation of Liability

To the extent permitted by law and subject only to any express exceptions contained in these conditions, IMS shall under no circumstances be liable in any way to the Buyer for any form of loss, damage or expense sustained or incurred by the Buyer or any other party in consequence of or resulting directly out of the supply of goods or service by IMS, the use or performance thereof any breach by IMS of any contract incorporating these conditions or the negligence of IMS.

Law and jurisdiction

The Laws of New South Wales shall govern the IMS terms and conditions and the parties agree to submit to the jurisdiction of the courts of that state.

Corporate information

IMS Memory Australia Pty Ltd trading as IMS Memory and Integrated Memory Systems

ABN 12 114 688 167

Level 1 50 Atchison Street, St Leonards NSW 2065

The conditions are subject to change.

For customers who insist on HP Original memory, we now offer upgrades for the most popular server and workstation models at very competitve prices. Please call us or email us for a quote today.

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