The Customer acknowledges agreement with these Terms and Conditions of Sale by the placement of an order to purchase product from Action Packed Pty Ltd. This contract of sale is between the entity named on the invoice (the "Customer") and Action Packed Pty Ltd ("Action Packed"). All goods are supplied on these terms and conditions only and no person in the employment or otherwise as agent for Action Packed has any authority to supply goods on any other terms and conditions or to vary these terms and conditions in any way whatsoever. Previous dealings shall not vary or negate these terms and conditions in any respect.

 

All product prices on the Action Packed site are displayed in Australian Dollars ($AUD) and exclusive of Goods and Services Tax (GST). GST and freight charges are calculated at checkout based on total invoice value and appear as a separate entries on each invoice.

Action Packed will gladly refund or credit goods returned within a reasonable time (generally 14 days) provided the goods are in original condition, current version and not a special order, hardware, peripheral or clearance item. Otherwise, we will make our best effort to arrange exchange with the manufacturer or accept the goods back for resale. In this case, if the return is authorised by Action Packed, a restocking fee of up to 25% may apply. Please note that where the plastic seal of a software package is broken the return or exchange can not be accepted due to copyright and licensing restrictions unless faulty nor defective. In this case we will help the Customer obtain a working copy. Return or exchange of certain products is sometimes not possible due to third party constraints on Action Packed (unless faulty). Please confirm with Action Packed prior to purchasing as to whether a product is returnable, exchangeable or firm sale. Right of refusal for the return or exchange of products is at the discretion of Action Packed Pty Ltd, except where the Trade Practices Act of Australia makes allowance. A restocking fee of up to 25% may apply to returned goods.

 

All products sold by Action Packed are covered by the manufacturers' warranty that accompanies the product. Action Packed makes no additional or independent warranty. Action Packed does not warrant the performance, compatibility, integrity, merchantability and fitness for a particular purpose of any product, but merely passes through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective products. Please Note: Due to restrictions placed upon us by the manufacturers, hardware that is defective on arrival can generally be exchanged if we are notified within 7 days of invoice. Otherwise, the manufacturer's warranty process must be followed.

 

We place great importance on the fast and reliable delivery of Customers orders, however please note that delivery times are estimates only and Action Packed shall not be liable for delays. If the Customer fails or refuses to take delivery of the goods, then in addition to all other rights and remedies of Action Packed, the Customer shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by Action Packed as a result thereof and Action Packed, at its discretion may charge a restocking fee of up to 25% of the purchase price. The goods shall be at the Customers risk at the point of delivery. The Customer, upon taking delivery of the goods, shall immediately examine the goods and give written notice to Action Packed of any defect within five (5) days of such date, failing which the goods shall be deemed to have been delivered in good order and condition and accepted by the Customer.

 

The goods shall remain the sole and absolute property of Action Packed as legal and equitable owner and the Customer shall hold such goods as bailee only until such time as the Customer shall have paid the full price. The Customer shall be liable to Action Packed in respect of any loss or damage to the goods during such bailment.

 

The price shall be paid by the Customer in full without any deduction in respect of any claimed set-off or counterclaim (including any such set-off or counterclaim on account of any delay on the part of Action Packed in delivering any part of the goods) on or before the payment date. In addition to any other rights or remedies of Action Packed in the event of the Customer's default hereunder, Action Packed shall be entitled: To charge and recover costs incurred for the collection of payment (such as but not limited to collection agency fees and legal costs), cheque dishonour fees, interest at the current bank overdraft rate plus two per cent per annum from the due date for payment until payment in full; To immediately and without notice retake possession of the goods (and for such purpose the Customer irrevocably licences Action Packed, its employees, contractors, servants or agents to enter upon the premises at which the goods are located to so retake possession) and resell the goods after seven (7) days written notice to the Customer and thereafter recover from the Customer any amount by which the resale price is less than the price agreed to be paid by the Customer, together with all costs and expenses suffered or incurred by Action Packed as a result of the Customer's default; At the sole discretion of Action Packed charge a restocking fee of up to 25% of the purchase price.

 

At Action Packed, we work hard to offer you the most competitive pricing and accurate product information. Because of the dynamic nature of this industry (e.g. vendor price changes and other variables beyond our control), prices, promotions, versions and availability advertised are subject to change without prior notice. Please be assured of our every effort to ensure the accuracy; however the documents and graphics published may contain technical inaccuracies or typographical errors. Action Packed makes no representations about the suitability of this information; it is provided "as is" without warranty of any kind. If an error is made or a product is listed at an incorrect price, Action Packed shall maintain the right to refuse or cancel any orders placed. If the order has been confirmed and charged to your credit card, Action Packed shall immediately issue a refund.

 

Action Packed shall under no circumstances be liable for special, incidental, or consequential damages including loss of profit or opportunity, even if it has been advised of the possibility of such damages; the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product. Subject to any applicable Commonwealth or State legislation, Action Packed's liability for any such breach shall be limited, at its sole discretion, to any of the following:

All sales shall be deemed made in the state of Tasmania, Australia, regardless of the location of the Customer. The Customer agrees that any dispute with Action Packed shall be brought by the Customer exclusively in the state or federal courts situated in the State of Tasmania.

 

Please send all backorder cancellation requests to sales@actionpacked.net.au or phone (03) 6326 9222. Except for "special orders", an order may be cancelled before it has left our warehouse with no cancellation fee. If the order has left our warehouse, a fee may apply to cover courier and restocking costs.

 

In the event any section or portion of a section of these Terms and Conditions of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms and Conditions of Sale, and the remaining terms shall continue in full force and effect.

 

Action Packed may add to, delete or otherwise change these terms and conditions without notice. It is the responsibility of the customer to read and understand these terms and conditions each time an order is placed.

 

© 2010 Action Packed Pty Ltd ABN 81 704 281 516