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06. Service and Support

6.1 The Customer acknowledges and agrees that:

(a) in relation to the Products, Inkjet Wholesale is a supplier for the purposes of the Australian Consumer Law;

(b) the Customer shall be entitled to receive the service and support required under the Australian Consumer Law in respect of any defect or failure of the Products in breach of the Guarantees; and

(c) subject to this clause 6, Inkjet Wholesale obligations in respect of such service and support shall be limited to its obligations under the Australian Consumer Law and any other applicable legislation.

6.2 In the event that the Customer forms the view that a Product is defective or otherwise fails to meet the Guarantees, the Customer shall:

(a) promptly notify Inkjet Wholesale of this in writing (via email or otherwise) in the form of the Return Authorisation Form (the terms and conditions of which, to the extent they are not inconsistent with these Terms and Conditions, are hereby acknowledged and agreed to by the Customer) and, in completing the Return Authorisation Form, the Customer shall set out the following details to Inkjet Wholesales reasonable satisfaction:

(i) the invoice number relating to the Customers purchase of the Product;

(ii) the applicable product code relating to the Product, which is referred to on the relevant invoice;

(iii) the quantity of Product affected by the alleged defect or failure; and

(iv) adequate details of the basis upon which the Customer considers that the Product is defective or otherwise fails to meet any Guarantees,

and the Customer shall otherwise provide, to Inkjet Wholesales reasonable satisfaction, such information and material as may be reasonably required by Inkjet Wholesale in relation to the alleged Product defect or failure;

(b) with respect to non-Inkjet Wholesale-branded Products, comply with any applicable conditions and requirements imposed by manufacturers of such Products, in particular as set out in the Vendor by Vendor information comprised in the Return Authorisations Form, and the Customer acknowledges that such conditions and requirements are reasonable and covenants to comply with such conditions and requirements; and

(c) unless otherwise directed by Inkjet Wholesale, return at the Customer cost, by way of an appropriate and secure postage method, the relevant Product to Inkjet Wholesale for inspection, and the Customer shall ensure that the Product is safely packaged for such postage.

6.3 Upon the receipt of a Product returned pursuant to clause 6.2(b), Inkjet Wholesale shall, within 21 days, undertake and/or arrange for a suitable inspection of the Product and make a finding as to whether the Product is defective or otherwise in breach of the Guarantees as alleged by the Customer, and the parties agree that such finding shall be binding on the parties to the extent permitted by law. In the event that:

(a) such a finding is that the Product is defective or otherwise fails to comply with the Guarantees, then Inkjet Wholesale shall notify the Customer accordingly and offer the Customer:

(i) a monetary refund to the value of the purchase price paid by the Customer for the Product, together with a nominal sum on account of any postage cost of returning the Product to Inkjet Wholesale to be determined in Inkjet Wholesales sole discretion;

(ii) a replacement Product of equal value to the Product and equivalent specifications, plus a credit note to the value of a nominal sum on account of any postage cost of returning the Product to Inkjet Wholesale to be determined in Inkjet Wholesales sole discretion;

(iii) a credit note equal to the value of the sum determined under sub-clause (i); or

(iv) for it to repair the Product, where this is deemed appropriate by Inkjet Wholesale,

and the Customer shall communicate its acceptance of any of the above offered forms of service and support within 14 days, after which time such offer shall lapse; or

(b) such a finding is that the Product is not defective and does not otherwise fail to comply with the Guarantees, then Inkjet Wholesale will communicate this to the Customer and Inkjet Wholesale shall have no liability to the Customer in respect of the Product, including in relation to providing any refund, replacement Product, compensation for postage costs or any other compensation. Inkjet Wholesale shall return the Product to the Customer at the Customers request provided the Customer pays for the postage costs in advance.

6.4 The Customer acknowledges that the period of 21 days provided for in clause 6.3 is reasonable in all the circumstances.

6.5 Nothing in this clause 6 in any way limits Inkjet Wholesales right, in its sole discretion:

(a) to offer to the Customer a refund or replacement Product in respect of any Product claimed or found to be defective or in breach of the Guarantees in circumstances where the Product has not been returned to Inkjet Wholesale under clause 6.2(c) and/or a finding made by Inkjet Wholesale under clause 6.3; and

(b) to refuse to offer any kind of service and support, including by way of the matters set out in clause 6.3(a)(i)-(iv), where too much time has passed since the relevant Product was purchased by the Customer in accordance with the Australian Consumer Law. For the purposes of this sub-clause (b), the parties agree that a period of 90 days or more constitutes such a period of too much time.

6.6 Nothing in this clause 6 obliges Inkjet Wholesale to provide any kind of service and support, including by way of the matters set out in clause 6.3(a)(i)-(iv), where a Product is damaged or defective or otherwise fails to comply with the Guarantees because of the following:

(a) any breach of these Terms and Conditions by the Customer;

(b) any misuse or abuse of the Product by, or any negligent act or omission of, the Customer, its employees or agents or any third party;

(c) failure or irregular fluctuation of electric power, air conditioning, humidity control or other environmental conditions outside of Inkjet Wholesales control;

(d) any fault in any products or components of any products that are not supplied by Inkjet Wholesale, whether or not they form part of a Customer's configuration or usage of the Product;

(e) force majeure, lightning, fire, flood, war, act of violence or any similar occurrence; and/or

(f) any attempt by any person (other than Inkjet Wholesale personnel or any person authorised by Inkjet Wholesale or an authorised Inkjet Wholesale sub-contractor) to provide service and support in respect of the Product.

6.7 In the event that the Customer orders an incorrect Product by mistake, the Customer recognises that the new AUSTRALIAN CONSUMER LAW (available for detailed viewing by clicking HERE specifically state that such products cannot be simply and automatically returned for a refund or replacement without firstly the express permission and agreement of Inkjet Wholesale as the vendor. The Customer acknowledges that Inkjet Wholesale as the vendor is under no legal obligation to accept any return of that Product or provide any refund on the basis that the Product was ordered by mistake. Inkjet Wholesale as the vendor may, in its sole discretion decide to offer acceptance to return of the Product at the Customers request under certain and specific conditions and criteria set by Inkjet Wholesale. Inkjet Wholesale will accept Products deemed as incorrectly ordered by the Customer provided a) that the Product is returned within 90 days of purchase or such a period decided by the discretion of Inkjet Wholesale b) The Product/s are returned with the purchase receipt c) Inkjet Wholesale is satisfied that the returned Product is in a re-saleable condition, including that it is unopened and in its original packaging, then Inkjet Wholesale shall issue a credit note to the Customer for the purchase price paid for the Product by the Customer excluding any postage charges incurred by the Customer to return the Products to Inkjet Wholesale's nominated return address such that would be informed once a Return Authorisation (RA) has been completed in full by the Customer and the Customer acknowledges that such a credit note will represent the purchase price only of the product excluding any postage charges and not the incurred shipping cost to deliver the Products to the Customers address in the first instance.

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