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Shipping & Terms of Sale

 

Terms & Conditions of Sale

(Apply to all Product Purchases on www.thewyseguys.com.au website shop)

 

TERMS Schedule A

1. Returns Policy

Please choose your product carefully as there is a no returns policy on most items, they are sold as is however you may return new, unopened items within 7 days of delivery for an exchange or refund which will incurr a restock fee. You are fully liable for the return shipping costs if the return is a result of an error (you received an incorrect or defective item, etc.).

You should expect to receive your exchange product or possible refund within four weeks of giving your package to the return shipper, however, in many cases you will receive it more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).

If you need to return an item, simply login to your account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button. We'll notify you via e-mail of your refund once we've received and processed the returned item.

2. Shipping

We can ship to virtually any address in the world. Note that there are restrictions on some products, and some products cannot be shipped to international destinations.

When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page.

Please also note that the shipping rates for many items we sell are weight-based. The weight of any such item can be found on its detail page. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full kilogram.

3. Refurbished & Clearance Stock

The product has been previously opened and/or owned and should be expected to show signs of previous use ie slight scratches, minor cosmetic marks and minor cracks. Professionally refurbished products are by their very nature pre-owned computers. However they will have been fully tested, completely data-wiped (reflashed) with Latest Software Updates and thoroughly cleaned.

The product will then have been passed through our Test checking process before finally passing through to our Quality Control Manager for final sign off. Most professionally refurbished products are pre-loaded with the correct operating system as per the product licence. There is a no returns policy and items are sold in excellent condition, however there is a Full 30 Day Warranty provided on all terminals.  Unless the product states that it is New, then it is classed as Excess Clearance stock or Refurbished goods.

 

Terms & Conditions of Sale Continued;

(Apply to all Product Purchases on www.thewyseguys.com.au website shop)

TERMS Schedule B  

1. Comsys Networks Group will be known as 'the company' in these Standard Terms & Conditions of Sale which apply to all of  The Wyse Guys Online Store Purchases.

2.  Payment terms are strictly upfront C.O.D or 7 days from date of invoice. 

3. Credit limits granted may not be exceeded without the written prior consent of the Company

4. Goods returned will only be credited in full to the Customer’s account if returned in the same condition as delivered by the company to the Customer initially and if returned  and received by the Company within 24 hours and in accordance with the “Comsys Networks Group Policy”. A Return Request must be made to The Company in writing within 24 hours of receiving the goods, otherwise goods will not be accepted for return.

5. Any return request (RA) is subject to The Company approval within the “Comsys Networks Group Policy”. A re-stocking fee of between 5% and 25% will be incurred

CONDITIONS  

6.  The Customer hereby acknowledges that, should any amount not be paid on the due date, or any payment by cheque be unpaid, the entire balance then outstanding shall immediately become due and payable without any notice of whatsoever nature. The Customer agrees that the service charge of 0.05% per day on overdue balances may be charged to the customer’s account at the discretion of the company.

7. n the event of the company instructing its solicitors to collect an overdue amount all legal fees and collection charges and tracing agents fees as between solicitor and client shall be borne by the Customer and all payments made shall firstly be allocated towards such fees and charges thereafter to interest and finally to capital.

8. The Customer hereby consents to the jurisdiction of the Laws of Western Australia for all actions, which may be instituted against it for the recovery of any amounts owing to the company

9. The Customer hereby binds himself/themselves jointly and severally as surely and co-principal debtor/s in with the customer unto and in favour of the Company, its order or assigns, for payment of any amount which is now due or owing by the Customer to the Company.

10.

(a)            Product supplied by The Company to the customer will be at the Customer’s risk upon delivery to the Customer or into the Customer’s custody (whichever the sooner). And the Customer must insure the product thereafter against such risks, as the Company reasonably requires.

(b)            Ownership of the product supplied by the Company will not pass to the Customer and will remain with the Company until such time as the product the subject of the Contract and all other products supplied by the Company to the Customer and all debts owing by the Customer to the Company form any other cause, have been paid in full.

(c)             Until such time as all products have been paid in full or any other monies due to the Company have been paid in full, the Company authorizes the Customer to sell the products as fiduciary agent for the Company in the ordinary course of its business. The Customer must not represent to any third party that it is acting for the Company, and the Company will not be bound by ant contracts with third parties to which the Customer is party. The Customer, in holding the product, will act as the Company’s fiduciary agent and bailee. The proceeds of the sale of the product by the Customer must be paid into a separate account and held in trust for the Company. The Customer must forthwith make payments to the Company form the account of all amounts, which may be owing by the Customer to the Company from time to time.

(d)            Until such time as the product has been paid for in full and all other debts discharged by the Customer, the Customer must store the product in such a manner as to show clearly that it is the property of the Company.

(e)            The Customer irrevocably agrees and undertakes that the Company (its servants or agents) will have the right forthwith (and without prejudice to any other rights the Company may have pursuant to these Standard Terms and Conditions of Sale or at law or in equity) without notice or demand to immediately enter upon the Customer’s premises and retake possession and remove the product in the possession of the Customer or whosesoever situated.

11. Notwithstanding 9(a), 9(b) and 9(e) above. The risk of any loss or damage to or any deterioration in product from whatever cause shall pass to the Customer at the time of delivery

12. The terms and conditions contained herein constitute the entire Agreement between the parties and no amendment or variation shall be of any force and effect unless to writing and signed by both the Company and the Customer. No representations have been made by the Company or on its behalf, which have induced the Customer to enter into this Agreement.

13. No relaxation or indulgence granted by the Company to the Customer shall be deemed as a waiver of any rights of the Company in the terms of this Agreement and such relaxation or indulgence shall not be deemed a variation of any terms and conditions of this Agreement.

14. Any service contract entered into between The company and the customer is also subject to these terms and conditions and the customer hereby indemnifies The Company against any claim action or damages arising out of any action, and against the cost of the same. The customer may also be liable for the “Special Conditions of Contract” that are applied by a particular  and/or available upon request) and if so, also indemnifies the Company against any claim, action or damages arising out of action, and against the same

15. Any Comcare service contract may be cancelled by providing The Company in advance 3months written notice, however is liable to payout 50% of the remaining contract payment price to The Company . If Comsys does not agree to the cancellation then you must continue to proceed with the agreement.

16. Any software subscription maintenance support and renewal is also subject to the particular vendors terms and conditions of contract (also available upon request.

17. The Company shall not be responsible for any loss or damage however caused to the property or person of the Customer or any third party as a result of any defect in the product whether patent  or latent, and the Customer indemnifies the Company against any claims made against it by any third party arising out of any such details.

18. No Manufacturer’s Software License and Support Provided

The Customer acknowledges

  (a) Products (including any products manufactured by Wyse) purchased from Comsys may be supplied with software owned or controlled by others (such as Wyse

(b) Comsys does not warrant or represent that the Products are supplied with a valid software license or that the software is of a particular type or quality 

(c) The Customer is solely responsible for ensuring it complies with and/or purchases any software or other intellectual property licenses that may be required.  The Customer may be required to purchase a software license in order to use the software embodied in the Products

(d) Products are supplied without the manufacturers (and in particular Wyse’) support and the purchaser must separately purchase support from Comsys or the manufacturer and or an alternative authorised dealer if required

19. Regardless of any application to the contary, the operations of The Company are governed by the laws of Western Australia, and may action instituted by The Company against the Customer and/or any action instituted by the customer against the Company, will take place under the Laws of Western Australia, and in the courts, (Regardless of the amount ) which are located in the City of Perth

 

The Credit Manager, Comsys Networks Group, PO Box 1519, Subiaco WA 6904. Fax (08) 93812532