TERMS & CONDITIONS
1.ABOUT THESE TERMS AND CONDITIONS
1.1. These terms and conditions apply to all goods and/or services supplied to you (“the Customer”) by Chi & Liu Pty Ltd trading as Mobile Phone Parts Center (“the Company”) and include any schedules, annexures or addendums to these terms and conditions.
2. GENERAL TERMS
2.1. The Company and Customer must abide by all applicable state and
federal laws in relation to the supply and use of the goods and/or
services.
2.2. Any indulgence or extension of time by the Company shall in no way
be construed as a waiver by the Company to strictly enforce its
rights as set out herein.
2.3. To the extent permitted by law, the Company’s liability for loss or
damage that may be incurred as a result of the use of or failure of the product is limited to the cost of repairing or replacing the product and does not extend to any loss or damage which may be caused as a consequence of such use or failure. The Company shall in no event be liable for economic loss or profits, indirect, special or consequential damages, or any legal dispute.
2.4. The Company is not liable for any failure or delay in performing its obligations to the Customer where such failure or delay occurs as a result of any fact matter or circumstance beyond the Company’s reasonable control (including, without limitation, an act of God, fire, flood, earthquake, storm, hurricane or other natural disaster, war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity) and the Customer will have no right to terminate its agreement with the Company in such circumstances. The Company must take all reasonable steps to mitigate the effect of an event described in this clause so that the Company may resume the performance of its obligations under these terms and conditions as soon as is reasonably practicable.
2.5. These terms and conditions shall be construed in accordance with and be governed by the laws of the State of Western Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Western Australia and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those
courts.
3. CONFIDENTIALITY
3.1. The Customer shall in no event disclose the Company’s information to any third party without the Company’s consent. The Customer indemnifies the Company against any loss, damage, cost or expense, whatever incurred by the Company directly or indirectly, as a result of a breach of this clause by the Customer.
4. WARRANTY
4.1. 6 Months warranty – defective screens and 3 months – batteries.
Warranty does NOT cover damaged parts caused by misuse or incorrect installation, e.g. dent, crack, frame damage, issue caused by cable over bent or LCD damage, cable broken or pulled off, connector pin damage, or liquid damage etc.
5. PAYMENT TERMS
5.1. The Company’s terms of payment are up front, upon delivery or
otherwise as agreed in writing.
5.2. In some circumstances the Company may require the Customer to
provide credit card details, or a deposit payment, to secure an order for the supply of goods and/or services prior to delivery. In the event that the Customer requests a delay in the supply of the goods and/or services from the date originally requested, and where the work has been completed by the Company in accordance with the original order, the Customer agrees that the Company may use the credit card details, or the deposit paid, to pay its value of the work performed or goods supplied.
5.3. Failure by the Customer to comply with the Company’s terms of payment shall immediately entitle the Company by written notice to cease supplying goods and/or services and suspend any further orders until all outstanding amounts have been paid in full by the Customer. However, the Company reserves the right thereafter not to supply the Customer any further or to convert the Customer’s account to a cash transaction basis only.
5.4. Each party involved in this matter must have existing credit terms set up with the Company or set up a new account prior to lodging any orders or requesting any services.
6. ORDERS
6.1. The Company reserves the right to accept in whole or in part any order or to refuse such order entirely.
6.2. Orders will not be accepted otherwise than subject to these terms and conditions. If the terms of the Customer’s order are inconsistent with these terms and conditions, the delivery of the goods and/or services by the Company to the Customer or to the Customer’s agent shall constitute an offer by the Company to sell those goods and/or services subject to these terms and conditions, which offer the Customer shall be deemed to accept by retaining the goods or accepting the services.
7. DELIVERY
7.1. Delivery of products and services shall be effected by the Company
to the Customer:
7.1.1. Subject to availability; and
7.1.2. Without any liability on behalf of the Company for any delays,
loss, damage and shortages, and may be by instalment.
8. DISPUTED INVOICES
8.1. Disputed invoices must be notified to the Company within 14 days of delivery of the invoice by the Company to the Customer, failing which the Company will have no further liability in relation to the matters in dispute.
9. OVERDUE ACCOUNTS
9.1. Any amount overdue for payment will, at the discretion of the
Company, bear interest at the rate of 5.00% per month from the date
it becomes overdue until paid.
9.2. If any amount is overdue for payment the Customer acknowledges
that:
9.2.1. The Company may suspend the supply of goods and/or
services and reserves the right to charge the Customer a
reconnection fee;
9.2.2. The Company has no obligation to retain the customer
information.
10. Should it become necessary for the Company to institute legal action for recovery of any amounts due to it by the Customer, the Customer specifically acknowledges and agrees that it shall be liable to the Company on demand for all costs incurred by the Company in recovery of such amounts, including all legal costs on a full indemnity basis.