Warranty & Limitation of liabilitycomputer monitors
1 For the purposes of this clause 1:
- Standard Product means any product sold on the Website, except for Build-to-order Products;
- Build-to-order Product means a custom built computer monitors system that assembled by us under our custom system assembly service; and
- Products means Standard Products and Build-to-order Products.
1.2 Our goods come with guarantees that cannot excluded under the Australian Consumer Law. Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL). You entitled to a replacement or refund for a major failure. And compensation for any other reasonably foreseeable loss or damage. You also entitled to have the goods repaired or replaced. If the goods fail to of acceptable quality and the failure does not amount to a major failure.
1.3 Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot excluded, restricted or modified by agreement.
1.4 If you have returned a Product to us:
a)We will assess whether the Product has a fault and ca accepted as a warranty claim.
b)We may required to consult with the manufacturer or their repair agent to determine the fault and resolution. If we have to send your product to the manufacturer or their repair agent, we will ask them to assess the product and provide their assessment within a reasonable timeframe.
c) Where the assessment finds that there is no fault with the product, or that the product has been damaged due to use of the product by you for a purpose for which it is not intended, outside its recommended parameters or specifications, or circumstances otherwise beyond our control, we may require, at our option, that you compensate us for any fees incurred by us in relation to the assessment.
d)Once your product assessment is completed, we inform you whether your warranty claim is accepted, and whether we will repair, replace or refund your product.
1.5 Subject to clause 1.2, you acknowledge and agree that, we are not the manufacturer or producer of any Standard Product, and the only warranties offered in respect of a Standard Product are those of the manufacturer.
1.6 If you encounter an issue with a Standard Product, we recommend that you contact the manufacturer's customer assistance department directly. Even if the manufacturer's warranty has expired, the manufacturer is obliged (and best placed) to assess the nature, cause and extent of a failure or fault if you believe your consumer guarantees have been breached.
1.7 Subject to clause 1.2, we provide a 1 year return-to-base warranty on labour for all Build-to-order Products (System Warranty), unless otherwise stated on your invoice. The System Warranty commences from the date shown on your tax invoice. Where it can proved in accordance with clause 2.4 that there is a fault with a Standard Product component in the Build-to-order Product, this warranty covers:
a)the return of the Build-to-order Product to Monitor mart;
b)Monitor mart replace the faulty Standard Product component with a replacement; and
c) Monitor mart delivering the Build-to-order Product back to you.
1.8 If you encounter any issues with the Build-to-order Product outside the System Warranty period, you will need to identify what you believe is the faulty Standard Product component, and return that component to us in accordance with the normal returns procedure in clause 8.3 (content), for us to assess whether that component is faulty and can accepted as a warranty claim.
1.9 If you return any Product capable of retaining user generated data then we hereby give you notice that the repair of those goods may result in the loss of the data. Your data not covered by any warranty. You are entirely responsible for any data on your device and should maintain a regular backup of the data.
1.10 Software problems including but not limited to corrupted system files or issues caused by viruses, Trojan horses, malicious and/or third party software are not covered by any warranty, implied or explicit.
1.11 Any representation, warranty, condition, guarantee or under taking. That would implied these Terms and Conditions by legislation, common law, equity, trade, custom. Or usage exclude to the maximum extent permitted by law. Including the ACL, We do not make or will not deemed to have made any:
a)warranty or representation, express or implied, as to:
i)the title, condition, design, operation, acceptable quality or fitness for purpose of any Product (or any part thereof)
ii)the absence of any latent or other defects;
iii) the absence of any infringement of any intellectual property rights (including copyright and patents);
iv)the absence of obligations based on strict liability in tort; or
b)other representation, guarantee or warranty whatsoever. Express or implied, with respect to any Product or any part thereof or services sold on the Website.
Limitation of Liability
2.1 To the fullest extent permitted by law. Our liability for a breach of a non-excludable guarantee referred to in clause 15.3 limited, at our option, to:
a)in the case of goods supplied or offered by us, any one or more of the following:
i)the replacement of the goods or the supply of equivalent goods;
ii)the repair of the goods;
iii) the payment of the cost of replace the goods or of acquiring equivalent goods; or
iv)the payment of the cost of having the goods repaire; or
b)in the case of services supply or offered by us:
i)the supply of the services again; or
ii)the payment of cost of have the services supply again.
2.2 We are not responsible for any indirect, incidental, special, or consequential loss or damage. This includes loss of profits, economic loss, loss of business opportunity, loss of data, loss of reputation, or loss of revenue. It doesn't matter if loss or damage caused by breaching a contract, negligence, or any other legal basis. This applies to our website, content, links, goods, services, and any interaction with us.
2.3 Including liability for breach, negligence, tort, or any other common law or statutory action, our maximum aggregate liability for all proven losses, damages, and claims arising out of or in connection with these terms and conditions or a supply made pursuant to these terms and conditions limited to $100.