Terms and Conditions

NEW MEDIA SALES PTY LTD TERMS AND CONDITIONS OF SALE

No agent or representative of the vendor has authority to vary these conditions unless authorised in writing by the Managing Director of New Media Sales Pty Ltd (The Vendor).

Academic Products may have certain requirements to be met by purchaser (these vary according to different manufacturers) please contact New Media Sales for full details.

Making a Purchase

a) To make a purchase, browse the website and select the BUY button on any items that you wish to purchase. After you have finished your selection, click on PLACE ORDER and you will be asked for the few details required to complete the transaction. Accepted methods of payment include Visa, MasterCard, Bankcard, International Money Orders and Bank Transfers. We do not process charges for any orders, including backorders, until they are ready to ship. Customers may send credit card information via phone, fax or mail if they choose not to use our secure online payment system.

b) All orders for goods accepted by the vendor are accepted subject to the following conditions that form part of the contract of sale. The purchase of goods shall be deemed to be acceptance of these conditions of sale. Any term sought to be imposed by a purchaser either in a document or otherwise that conflicts with or adds to these conditions is not accepted.

Payment and Price

a) The vendor reserves the right to vary the quoted price of the goods by upward increments in accordance with the market conditions at the date of actual supply and the purchaser shall pay such increments in addition to the quoted price. Price lists do not constitute an offer. The purchaser will be advised of any variations in price and may cancel at that point with no penalty. The vendor reserves the right to change membership benefits and discounts at the vendors sole discretion.

b) When ordering from outside Australia you may be required to pay import duty on the sale price of the product at your country's customs. If this is the case we may dispatch items separately in order to help you avoid paying additional duty on multiple orders. It is your responsibility to pay any import duty, and we cannot refund any import duty. If you are unsure, we advise you contact your local customs office and determine the maximum allowance before duty is applied.

c) For so long as any amounts remain owing from the purchaser to the vendor (whether immediately due or not) title to the goods shall remain with the vendor and ownership will not pass to the purchaser until the vendor has received payment in full. In the event that the purchaser resells the goods and the vendor has not received all amounts owing, the purchaser will hold all proceeds of the sale of such goods upon trust of the vendor until the vendor has received such amounts in full. The vendor shall have the right to trace all proceeds. At any time after the due date for payment and so long as such amounts have not been received by the vendor in full, the vendor at the purchasers expense shall have the right to enter the purchasers premises and remove all goods which remain the property of the vendor.

Claims

a) No liability for any claim for damage or non-functionality shall be accepted unless the purchaser notifies the vendor in writing or by telephone within 48 hours of delivery. This period may be extended at the sole discretion of the vendor where the manufacturers replacement policy extends the deadline

b) No liability for any claim for missing items such as manuals shall be accepted unless the purchaser notifies the vendor in writing within seven days of delivery.

c) No liability for any claim will be accepted in the case of goods differing in quantity or descriptions from the purchases shown on the invoice unless the purchaser notifies the vendor in writing within seven days of dispatch. The onus is on the purchaser to prove any shortage in delivery.

d) In the case of active third party on-site maintenance contracts, the purchaser accepts an obligation to use the services of the contracted third party to resolve claims under clause (a)e) In the case of manufacturers who operate direct product support and returns procedures, the purchaser accepts an obligation to process their claim directly with the manufacturer.

Guarantee

Unless otherwise stated in writing, the purchaser shall be responsible for all freight, telephone, postal and incidental charges incurred during the guarantee period.

 

Consequential Loss

The extent of the vendors liability to the purchaser for any default or breach in these conditions shall in no case exceed the invoice value of the goods. The vendor shall in no circumstances be liable to the purchaser in respect of any loss or damage whether suffered by the purchaser or any customer of the purchaser and whether direct, indirect, consequential, or however else arising. The vendor will not be responsible for any data loss howsoever arising.

 

Complaints Procedure

In the unlikely event that you have a complaint concerning an order placed with the vendor, contact us either by e-mail or telephone. We will acknowledge receipt of your email within 2 working days. You will be kept informed during all stages of the complaints procedure. Please note that the telephone line is manned from 9:00 a.m. to 5:30 p.m. Monday to Friday. Please use email outside these hours to leave a message.

Third Party Delivery Companies

Most goods will be sent by mail or courier. If your goods are damaged or lost in transit they will be replaced subject to the terms of the vendors insurance policy which will be provided on written request. The vendor must be notified of any damage or loss within 48 hours of dispatch. Once goods are dispatched the vendor cannot be held responsible for any unexpected time delays caused by the freight facility.

Returns Policy

The vendor cannot accept the return or cancellation of purchases if the item has been unsealed or is in an unsaleable condition. Please note that software, once opened, cannot be returned under any circumstances. Indent items or products that have been built to order, such as custom computer systems, cannot be returned.

All Blackmagic Design and Matrox products are sold on a non-return basis. Only faulty products or products that do not operate as advertised will be accepted for return. Our sales staff should be consulted to ensure that the product will be compatible and/or suitable for the end user's application.

To return goods, you must contact the vendor for a Return Authorization Number (RAN). Please package the relevant item securely, record the RAN on the outside of the package and send it in time for the vendor to receive it within 7 working days from the issue date of the RAN. Goods will not be accepted for return beyond this period. The address to be used for returns is:
New Media Sales Returns
3/320 Bay Road
Cheltenham
Victoria, Australia 3192

For your protection, we recommend that you use a registered mail service that has adequate insurance for the item you are returning. Please note that you will be responsible for the costs of returning the goods unless the vendor has delivered them to you in error. All returned goods are the responsibility of the customer until received by the vendor. 

All products are carefully selected to ensure maximum quality and are checked for any defects prior to despatch. When a faulty product is returned within the warranty period it will be inspected and replaced as efficiently as possible. If a product is found to be faulty due to a defect, this is normally covered by the manufacturer's own warranty. Please call for details of the warranty returns policy for specific manufacturers. Please note that you will be responsible for the costs of returning the goods to the vendor or the manufacturer.

Customer refunds will be paid in Australian dollars for faulty products that are returned and cannot be replaced with new versions of the same product. All items returned to the vendor by pre-arrangement and found to contain no fault will be either (a) returned to the customer at their expense or (b) restocked subject to a 25% restocking fee providing the goods are in original stock condition. Please note that return authorisation numbers are only valid for 7 days. Returned goods will not be accepted beyond this period.

 

Quality assurance

All products sold are brand new, unused and as supplied directly from the respective manufacturer or distributor. We do not sell second hand or used products unless clearly specified and no items are sent out on an "evaluation basis."

Law

If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of the conditions. This contract is and shall be deemed to have been made in Victoria and shall in all respects be governed by Victorian Law. In respect of consumer sales only, statutory rights are unaffected by these terms and conditions.

 

Disclaimer

Whilst every reasonable effort is made to ensure that all prices and product details shown on this website are correct and up to date, this cannot be guaranteed as availability of products and pricing information from suppliers can change without notice. In the current volatile market prices should be confirmed by calling 1300 304 607 prior to ordering. It is also the customers responsibility to confirm that products purchased from the vendor are compatible with the customers existing hardware and software.


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