Terms & Conditions
These terms and conditions govern the Terms And Conditions of Engagement with The Electronic Brain ABN 67 126 019 850. The Electronic Brain may change the content of its terms and conditions at any time without any prior notice to anyone.
1. Placing Order / Pricing
1.1 Any Quotation made by The Electronic Brain is not an offer to sell, and no order given in pursuance of any Quotation shall bind the company unless accepted by it. Unless otherwise agreed in writing, all orders are subject to acceptance by The Electronic Brain within seven (7) days of receipt by The Electronic Brain of the customer's offer.
1.2 All pricing is in Australian dollars and inclusive of GST. Please note that pricing and stock availability are subject to change without prior notice. The Electronic Brain reserves the right not to sell below its cost. E & OE.
1.3 All orders placed are subject to confirmation and acceptance by The Electronic Brain, this includes the pre-paid orders.
1.4 The Electronic Brain may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If The Electronic Brain requests payment for increased prices, you may cancel the order by giving notice to The Electronic Brain, which must be received within seven days of the announcement of the increase.
1.5 Prices may vary depending upon location due to freight costs and other logistical requirements.
1.6 The Electronic Brain reserves the rights to adjust and charge freight cost at any time.
2. Delivery / Collection
2.1 We do not ship to PO Boxes.
2.2 We do not ship to third party addresses unless that address is known and can be verified by The Electronic Brain.
2.3 The Customer shall at its own expense, arrange collection of products from The Electronic Brain at its premises. Alternatively, The Electronic Brain in its sole and absolute discretion may arrange physical delivery of products to the Customer at the Customer's business address or residential address, such delivery being at the cost of the Customer. The Customer shall be deemed to assume and shall be liable for loss or damage to products from the time they are placed on to the vehicle to transport them from The Electronic Brain’s premises unless the Customer has insured the item when buying from The Electronic Brain.
2.4 Customers are responsible to have someone at the delivery address to sign for and accept the delivery. Cost for re-delivery attempts will be passed to the customers if the delivery address is unattended at the time of delivery.
3. Delivery time
3.1 Any date Quoted for delivery is an estimate only, and unless a guarantee shall have been given by The Electronic Brain in writing providing for liquidated damages for failure to deliver by the Quoted date, The Electronic Brain shall not be liable to the Customer for any loss or damage howsoever arising for failure to deliver on or before the Quoted date. The Customer shall accept and pay for Products, not withstanding any failure by The Electronic Brain to deliver by the Quoted date.
3.2 Goods specially ordered in, must be fully paid for prior to delivery & cannot be returned or exchanged without express approval from The Electronic Brain in writing. The latter case would still attract the normal restocking fee.
4. Returns / Refunds / Cancellations
4.1 There will be no credit given on order price difference, due to price drops. Please select carefully at the time when you place your order.
4.2 Returns for refund will only be accepted within 7 days of you receiving the goods. A restocking fee of 25% of the purchase price will be deducted. Returned goods must be in its original condition and include all the original packaging. Software titles must remain unopened. The Electronic Brain will not accept returns of opened software packages. Shipping and handling cost are not refundable.
4.3 Any incorrect, missing or damaged items received must be reported to The Electronic Brain within 24 hours of you receiving the delivery. This can only be done by E-mail, Fax or Phone.
4.4 If item(s) received is not what was ordered please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be acceptance by the customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.
4.5 The Electronic Brain owns the title of any extra goods shipped with your order that have been despatched in error.
4.6 If requested by The Electronic Brain, the Customer may be required to provide information in that The Electronic Brain can easily assist the Customer with any monetary refund or cancellation. This information may include member's names, address, home phone, work phone, credit card details and other relevant information required by The Electronic Brain. Failure to provide sufficient information may delay the refund or cancellation, The Electronic Brain is not to be held responsible for any delays according to clause provided by The Electronic Brain.
4.7 Any attempt to cancel an order must be made as soon as possible. Cancellations attempted after the despatching will result in the customer having to pay the shipping and handling charges on the package and the cost of shipping the package back. A restocking fee may apply.
4.8.1 Cancellations may be communicated by telephone, email or Fax. Saturdays, Sundays and holidays by E-mail or Fax only.
4.8.2 Cancellations for assembled system orders will incur a 10% cancellation fee. This is to reflect the labour cost and the depreciation for the used parts.
4.8.3 Cancellation for specially ordered items will also attract a 10% cancellation fee. This is to cover the return to stock fee implied by our suppliers and shipping cost.
4.8.4 Cancellation of repair work on site or in the office must be made a minimum of 3 hours prior to the booked time. If less than 3 hours notice is given, then a 1 hour minimum labour charge and applicable travel charges will apply.
5. Warranty Claim
5.1 All goods sold by The Electronic Brain come with a one-year back to base manufacturer warranty; it can only be shorter if a special note is mentioned about an item. Computer systems built by The Electronic Brain carry a one year parts and labour warranty. This warranty is not transferable. The system warranty only covers the system unit; it does not extend to any peripheral components such as monitors, keyboard etc. All the peripheral components are covered by standard manufacturer warranty. User error or damage is not covered under system warranty, or service work.
5.2 Goods under warranty cover will be replaced or repaired by the manufacturers. No refund can be provided under any circumstances.
5.3.1 The Electronic Brain is responsible for the handling of most products for warranty processes. Warrantees for individual parts we sell are provided by the manufacturers, not The Electronic Brain.
5.3.2 Warranty only covers the item(s) sold by The Electronic Brain. Warranty does not cover any other equipment used in conjunction with the item(s) sold by The Electronic Brain.
5.3.3 The Electronic Brain does not handle warranty claim for those goods where the manufacturer accepts direct warranty claims from customers. Most of the monitors, printers, notebooks etc are covered by direct manufacturer warranty.
5.4 DOA (Dead on arrival) items are eligible for refund or replacement. DOA items must be reported within 7 days from the time you receive your goods. Failure to report a DOA item within 7 days will result in you not being able to claim the item as a DOA. This is particularly important for printers, monitors etc where the manufacturers have strict guidelines.
5.5 In the event that normal stock lines, advertised in The Electronic Brain price list are to be returned, a 25% restocking charge applies. Goods must be in original saleable condition & a copy of invoice attached. This applies within 14 days of delivery & at the sole discretion of The Electronic Brain and an Return Authorisation approval must be received before sending the goods & this must appear on returned goods & documents. Freight & Insurance charges to return the goods are the responsibility of the customer.
5.6.1 Any unauthorised repair or upgrade voids warranty. Please refer to specific warranty condition on warranty card supplied with goods. Unless a unit is dead on arrival or damaged in transit, in this case must be received with 7 days of invoice date, goods remain the property of your customer & will be processed by the relevant manufacturer or agent as soon as possible. The Electronic Brain will not be liable for any loss, whether material or not of such goods.
5.6.2 All warrantees are voided if returned product is found in any way to be mishandled, mis-installed, modified, tampered, abused, physically damaged or used under wrong operating conditions, wrong voltage etc.
5.6.3 Any and All implied warranties or otherwise on service work is null and void should it be found that the customer has modified any software, hardware or system settings. Any unauthorised upgrading, modifying or user error voids all warranties.
5.7 The Electronic Brain is not responsible for data contents or the security of the data contents contained in any returned goods. Likewise The Electronic Brain is not responsible for the data contents or security of data contents contained in any equipment that The Electronic Brain carries out any service work on. Our technicians & workshop works under strict guidelines, not to intercept with any customer data. Despite this customers should back up any data prior to service work or sending the goods back to us; data can be destroyed during our testing. It is also beyond the scope of our control once the device is sent to our supplier. We do not provide data recovery service.
5.8.1 Customer is responsible for proper packaging of RA returns. All warranties will be void on items that are insufficiently or inaccurately packaged. Customer is responsible for all the shipping charges associated with returning the defective merchandise. If any item(s) returned for warranty claim is determined to be physically damaged, the item(s) will be returned to the customer as is. A Handling fee of 1 hours labour will apply.
5.8.2 Customer is responsible for any shipping and insurance cost involved in sending the warranty claim goods back to The Electronic Brain. The Electronic Brain is not responsible for any parcel missing in transit, on its return back to The Electronic Brain.
5.9 Product(s) discontinued by manufacturer(s) shall be upgraded to a similar product or a credit will be given at the current market value or the purchase price whichever is lower.
6. Warranty turnaround time
6.1 Turnaround time for warranty claims largely depends on the suppliers or the distributors. We will try our best to speed up the process. Please understand the time involved for a warranty claim will include: our time to test the item, shipping back to the supplier, suppliers own test and replacement/repair, and the shipping back to us
6.2 We do not provide advance replacement under any circumstances. Please keep this in mind when you place your order. The Electronic Brain is not responsible for any losses resulting from the time it takes to have the faulty item replaced or repaired.
6.3 If you will be using the item(s) for mission critical tasks, be it running a business, using it to prepare an examination, using it for a pre-organised game party etc, you should consider purchasing it from a provider that offers instant replacement.
7. Payment
7.1 Unless otherwise agreed in writing, payment for products/services supplied shall be made in full by the Customer to The Electronic Brain without deduction or demand, within the approved term as advised by The Electronic Brain, or in the absence of a term approved by The Electronic Brain, within (7) days from the invoice date.
7.2 Payment for products/services tendered through The Electronic Brain can be made by cash, money order, cheque or direct deposit.
8. Default in Payment
8.1 If the Customer defaults in payment to The Electronic Brain, then:
8.1.a The Customer shall pay to The Electronic Brain, on demand, interest on any overdue money during the period of default at the rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983, and
8.1.b All moneys owing by the company to The Electronic Brain shall become due and payable forthwith without demand, and
8.1.c The Electronic Brain may at its sole and absolute discretion suspend the provision of credit to the Customer until all amounts owing by the Customer are paid in full.
9. Liability
9.1 The Electronic Brain shall not be liable to the Customer, or to any other person whomsoever, for any loss or damage whatsoever or howsoever caused arising directly or directly in connection with the Products or Services, other than expressly imposed by statute in terms of which it is not possible to limit or exclude liability.
9.2 The Electronic Brain expressly excludes liability for consequential loss or damage including but not limited to loss of profit, business, revenue, goodwill or anticipated savings.
10. Retention of Title
10.1 The title to the Products will pass to the Customer when payment in full for the Products has been received by The Electronic Brain. Until the Customer has paid to The Electronic Brain the full purchase price:
10.1.a Customer shall hold the Products as bailee for The Electronic Brain.
10.1.b The Products shall be stored at the Customer's risk, and in such manner that they are readily distinguishable from other products owned by the Customer or other persons.
10.1.c The Customer shall indemnify The Electronic Brain against any claim, action, proceeding, damage, loss, costs, expense or liability whatsoever, arising out of the possession, use or disposal of the Products by The Electronic Brain, or repossession or attempted repossession by The Electronic Brain.
10.1.d Any sale of the Products shall be effected as bailee for The Electronic Brain, and the proceeds of such sale shall be held on trust for The Electronic Brain. The proceeds of such sales must be held in a separate account or otherwise clearly identified in the books and records of the Customer.
10.1.e The Customer shall permit The Electronic Brain to inspect the Products, and the records and books of the Customer to the extent that they relate to the Products.
10.1.f The Electronic Brain reserves right of entry to inspect or recover goods owned by The Electronic Brain, wherever they are located.
10.2 In the event that:
10.2.a The Products are not paid for in full in accordance with these terms and conditions of sale, or any other agreement between The Electronic Brain and the Customer; or
10.2.b The Customer commits any breach of the terms and conditions of sale or any other agreement between The Electronic Brain and the Customer; or
10.2.c The Customer receives notice of or reasonably believes that a third person may attempt to levy execution against the products; or
10.3.d The Customer makes or proposes to make an arrangement with its creditors or is placed under official management, or a petition is presented, or an application filed for the winding up of the Customer, or the Customer ceased to trade, or the Customer (being a natural person) commits an act of bankruptcy.
Then The Electronic Brain may, at any time, without notice to the Customer, and without prejudice to any other right which it may have against the Customer, terminate the contract and the bailment referred to above, and enter upon any premises owned or occupied by the Customer where The Electronic Brain reasonably believes the Products may be stored, and repossess the Products without being liable for any damage caused, and subsequently dispose of the Products at its discretion. In this event, the Customer ceases to be liable to The Electronic Brain for payment for the Products; If Moneys are recovered in full.
11. Disclaimer
11.1 Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.
11.2 Information contained throughout our publications and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
11.3 Images displayed on promotional material should be regarded as illustrative and informational purpose only. The actual products are often not identical to the images.
12. Obligations of the Customer
12.1 As a customer of The Electronic Brain, the Customer must provide current, complete, and accurate information about the Customer at all times.
12.2 The Customer is entirely responsible for their account which includes confidentiality, any and all activities through using the Customer's account; The Electronic Brain will not be held responsible in any manner.
12.3 On the first purchase the Customer places with The Electronic Brain, the Customer might be required to provide additional identification to The Electronic Brain to help eliminate fraud and to provide additional security.
12.4 The Electronic Brain reserves the right to terminate a Customer's account if it is found to contain false, incomplete, inaccurate information. If any security concerns or breaches arise from the Customer, they shall report it to The Electronic Brain immediately.
12.5 The Electronic Brain does not store any credit card details for any Customers. The Customer will ensure that credit card details are their sole responsibility to safe guard.
13. Provision of Credit
13.1 The provision of credit and/or the continued provision of credit by The Electronic Brain to the Customer from time to time, shall be in the absolute discretion of The Electronic Brain.
13.2.1 The Electronic Brain may at its absolute discretion extend credit to the Customer; or
13.2.2 Extend and/or continue to extend credit to the Customer subject to the provision of security in a from acceptable to The Electronic Brain; or
13.2.3 May at any time vary or cancel the credit facility available to the Customer Credit account in place.
14. Differences and Complaints
14.1 Subject to the provisions of clause 7, The Electronic Brain shall not be liable in respect of any difference or complaint arising out of the terms and conditions of sale unless the Customer advises The Electronic Brain in writing of the difference or complaints not later than fourteen (14) days after the date of the occurrence of the events or circumstances on which the difference of complaint is based.
15. Waiver
15.1 The failure or neglect by The Electronic Brain to enforce or waiver the provisions hereof, shall not be constituted nor shall be deemed to be a waiver of The Electronic Brain’s rights hereunder, nor in any way effect the validity of the whole or any part of the terms and conditions of sale, nor prejudice The Electronic Brain’s right to take subsequent action.
16. Sever Ability
16.1 In the event that any part of these terms and conditions shall be deemed invalid, unlawful or un-enforceable to any extent, such terms or conditions shall be severed from the remaining terms and conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
17. Governing Law
17.1 The Electronic Brain and the Customer agree that the terms and conditions of sale shall be governed by the laws of the State of South Australia.