1.         Interpretation

1.1       In these Terms and Conditions:

“Bank Account” means DNY Computers’ bank account, being the ANZ Bank, BSB number 016 363, account number 4942 54632 , Morley branch.

“Contract of Sale” means any sales contract entered into between the Customer and DNY Computers in respect of Goods.

“Customer” means the entity that is the purchaser of the Goods.

“DNY Computers” means “ DNY Computers and Electronics ABN 37 120 433 070 ”.

“Goods” means any goods supplied to the Customer pursuant to a Contract of Sale with DNY Computers.

“Order” means an order for Goods placed on the Website by the Customer.

“Returns Policy” means the policy attached hereto pursuant to which DNY Computers agrees to return, credit or refund the price of Goods purchased by a Customer.

“Terms and Conditions” means these Terms and Conditions and the Terms and Conditions contained in the Returns Policy.

“Total Price” has the meaning given to it by clause 7.1.

“Website” means the Internet store operated by DNY Computers located at www.dny.com.au.

1.2       Unless the contrary intention appears, a reference to the singular includes the plural and vice versa.

1.3       Headings used in these Terms and Conditions are for convenience only and do not affect interpretation.

1.4       References to writing include any mode of representing or reproducing words in tangible and permanently visible form and includes telex, facsimile and electronic mail transmissions.

1.5       Nothing in these terms and conditions shall derogate from the rights and remedies available to DNY Computers and the Customer under the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1987 (WA).

2.         Customer Bound by Terms and Conditions

2.1       The Customer acknowledges and accepts it is bound by the Terms and Conditions by placing an Order.

2.2       All Goods are supplied on these Terms and Conditions only which supersede all prior representations, understandings, arrangements and agreements.

2.3              Overseas orders are not accepted.

2.4              All contents and graphics of www.dny.com.au remains the property of DNY Computers and are subject to Australian copyright laws.

2.5              If the Customer finds a lower price on a product, the Customer can request a price match only via email at info@dny.com.au.  The Customer must include the following details in the request for a price match: a description of the product (make and model); the price quoted from the competitor (including shipping charges); and the website link or competitor’s quote.

2.6              If the Customer cannot find a product listed on the Website, the Customer may elect to email info@dny.com.au with its request and one of DNY Computers’ sales team will attend to the request and advise the Customer on the availability of ordering the requested product.

2.7              For smaller items, including specialty cables, the Customer may prefer to deal directly with local electronics stores specialising in stocking such items.

3.         Delivery

3.1       Delivery times advised to Customers are estimates only. DNY Computers has no control over the delivery of the Goods and, therefore, accepts no responsibility for any loss, damage or delay suffered by the Customer arising out of or in connection with late delivery or non-delivery of the Goods.

3.2       However, DNY Computers shall endeavour to deliver Goods within 1 to 2 days after the Customer’s payment has been cleared in DNY Computer’s Bank Account.

3.3       The delivery is free if the Customer’s total Order is in excess of $500.00 and the Order is to be delivered within a 20 km radius from the centre of the Central Business District.

3.4       If the Customer’s total Order is less than $500.00 or outside a 20 km radius from the centre of the Central Business District, delivery charges shall be payable at $ 20.00 (subject to change whereby the Customer shall receive prior notification).

3.5       Orders containing bulky items will be charged at an additional fee of $10.00 per item and will be charged to the customer.  As at such time, DNY Computers is to charge for bulky items, DNY Computers will confirm via email or other means of the additional fee.

4.         Risk

4.1       The Goods shall be at the Customers risk upon delivery of the Goods:

(a)        to the Customer; or

(b)        to the Customers agent; or

(c)        into the Customers custody or control.

5.         Title

5.1       The Goods shall remain the sole and absolute property of DNY Computers as legal and equitable owner and the Customer shall hold such Goods as bailee only until such time as the Customer shall have paid the Total Price.

5.2       The Customer shall be liable to DNY Computers in respect of any loss or damage to the Goods which could have been avoided by the exercise of reasonable care during the bailment referred to in clause 5.1.

6.         Refund, Replacement or Credit for Goods

6.1       DNY Computers will offer a refund, replacement or credit for Goods in accordance with the terms and conditions of the Returns Policy. This is in addition to any rights the Customer may have at common law, equity and statute.

7.         Payment

7.1       The Goods are listed in Australian currency ($AU) and are offered for sale within Australia.

7.2       All prices listed on the Website are GST inclusive for Australia.

7.3       All prices listed on the Website are exclusive of shipping costs.

7.4       The total price of the Goods (Total Price) payable by the Customer shall consist of the sum of:

(a)        the price of the Goods; and

(b)        the delivery and handling fee,

as specified on the Website at the time the Order was placed.

7.5       The Customer shall pay the Total Price without any deduction in respect of any claimed set-off or counterclaim (including any such set-off or counterclaim on account of any delay on the part of DNY Computers in delivering any part of the Goods).

7.6       (a)        DNY Computers does not accept cash payments on delivery.  All

payments must clear in DNY Computers’ Bank Account before any Orders are dispatched.

(b)        If the Customer is directly depositing cash into DNY Computers’ Bank Account, the Customer must advise DNY Computers by email at info@dny.com.au when the funds have been deposited.  Additionally, wherever possible, the Customer is to send DNY Computers a copy of the receipt by facsimile.  The Orders may be delayed if the Customer fails to provide payment confirmation.

7.7       The Customer may pay the Total Price by Direct Debit, via an internet bank transfer into DNY Computers’ Bank Account.  The Customer must include the Order number in the payment section and wherever possible, provide confirmation of payment.

7.8       If the Customer elects to pay the Total Price by credit card, the Customer will incur the following fees:

(a)                a 1.2% surcharge for a Visa card or Mastercard payment;

(b)               a 5% surcharge for a Diner’s Club credit card or American Express.

7.9       Confirmation of the payment will be sent by DNY Computers via email or facsimile for payment by Direct Deposit or any internet transfer.

7.10     Payment via personal cheques will take one to three working days to clear.  To reduce the cheque clearance time and to reduce the Order processing time, the payment can be made directly to the DNY Computers’ Bank Account.

7.11     The Customers payment of the Total Price must be cleared before the Goods are dispatched.

7.12     If the Customer’s payment is by personal cheque, it will take approximately three working days before dispatch.  If the Customer has paid by the other methods of payment, by credit card or internet bank transfer, it will take approximately one working day before the goods are dispatched.

7.13     The Customer must state in the Order whether it requires the Order to be delivered urgently.

7.14     If DNY Computers anticipates any delay in dispatching the goods, DNY Computers will inform the Customer of such delays by telephone or email.

7.15     If the Customer fails to pay the Total Price in accordance with this clause, DNY Computers shall be entitled, in addition to its rights at common law, equity, and statute:

(a)        to charge and recover costs incurred for the collection of payment (including but not limited to collection agency fees and legal costs), cheque dishonour fees, interest at the current bank overdraft rate plus two per cent per annum from the due date for payment until payment is made in full;

(b)        to immediately and without notice retake possession of the Goods (and for such purpose the Customer irrevocably licences DNY Computers, its employees, contractors, servants or agents to enter upon the premises at which the Goods are located to so retake possession) and resell the Goods after fourteen (14) days written notice to the Customer and thereafter recover from the Customer any amount by which the resale price is less than the price agreed to be paid by the Customer, together with all costs and expenses suffered or incurred by DNY Computers as a result of the Customers failure to pay;

(c)        to charge a restocking fee of 12% of the Total Price.

8.         Cancellation by Customer

8.1       For the purposes of this clause, acceptance occurs upon DNY Computers placing an Order for delivery of the Goods to the Customer.

8.2       The Customer is entitled to cancel any Order prior to acceptance by giving notice in writing to DNY Computers prior to DNY Computers placing the Order for delivery of the Goods to the Customer. All such cancellations must be notified to the email address: info@dny.com.au.

8.3       Unless otherwise agreed in writing by an authorised officer of DNY Computers, the Customer is not entitled to cancel any Order accepted by DNY Computers.

9.         Errors and Omissions

9.1       Whilst DNY Computers makes every effort to ensure the accuracy of all prices, descriptions and pictures presented on the Website, it makes no representations as to the accuracy or suitability of this information.

9.2       Pictures and descriptions on the Website are strictly intended for illustrative purposes only and do not represent the actual product being Ordered.  There may be subtle differences between the illustrated pictures and the Goods delivered.

9.3       If Goods are misdescribed, out of stock, or if Goods are listed at an incorrect price, DNY Computers may refuse or cancel any Orders placed. Where:

(a)        the Order has been confirmed and charged to the Customer’s credit card; and

(b)               the Goods have not been shipped,

DNY Computers shall immediately issue a refund and notify the Customer in writing in due course.

If the Goods have been shipped, the Customer may return the Goods pursuant to clause 5 of the Returns Policy.

Alternatively, if the Goods are out of stock, DNY Computers may contact the Customer by email to offer the Customer the option to elect for an Order to be placed on back-order.

10.       Force Majeure

10.1     DNY Computers is not liable for its inability to perform, or for any delay in performing, any of its obligations under these Terms and Conditions if that inability or delay is caused by:

(a)        an act of God; or

(b)        strike; or

(c)        fire; or

(d)        accident; or

(e)        civil disturbance;

(f)         lock out;

(g)        raw material shortage;

(h)        breakdown of plant, transport or equipment;

(i)         industrial dispute;

                        (k)        any other cause beyond DNY Computers reasonable control.

10.2     On the occurrence of a force majeure event in accordance with clause 10.1, DNY Computers must give notice thereof to the Customer. If, after receiving such notice, the force majeure event continues for more than seven (7) days, either party may terminate the relevant Contract of Sale. Neither party shall have any liability to the other in respect of termination in accordance with this clause.

11.       Warranty

11.1     The benefit of the manufacturer’s warranty in respect of any Goods will, to the extent permitted by law, pass to the Customer. DNY Computers makes no additional or independent warranty of any kind.

11.2     To the extent permitted by law, DNY Computers does not warrant:

(a)        the performance, compatibility, integrity, merchantability and fitness for a particular purpose of any Goods;

(b)        that repair facilities or parts will be available in respect of any Goods; and

(c)        that the Customer may use, execute or access the Goods without violating the intellectual property rights of others.

12.       Liability

12.1     The Customer acknowledges and accepts that, to the extent permitted by law, DNY Computers will be under no liability to the Customer whatsoever, whether:

(a)        in contract or tort (including, but not limited to negligence);

(b)        for breach of statute; or

(c)                pursuant to any other legal or equitable obligation,

in respect of any cause of action or claim for loss or damage, arising out of the delivery, non-delivery, performance or use of the Goods including, but not limited to:

(d)        loss of revenue;

(e)        loss of profit;

(f)         loss of opportunity (including but not limited to business opportunities);

(g)        loss of goodwill;

(h)        damage to reputation;

(i)         loss of or damage to hardware and software; and

(j)         loss of or damage to data.

12.2     To the extent that DNY Computers’ liability is not excluded or is not able to be excluded under these Terms and Conditions, the total liability DNY Computers may incur in connection with any particular breach of these Terms and Conditions, tort, breach of statute or breach of any other legal or equitable obligation is limited to, in all cases, at DNY Computers’ option:

(a)        the replacement of the Goods; or

(b)        resupply of equivalent Goods; or

(c)        repair of the Goods; or

(d)        payment of the cost of replacing the Goods or acquiring equivalent Goods; or

(e)        payment of the cost of having the Goods repaired.

12.3     DNY Computers’ liability pursuant to any cause of action or claim for loss or damage arising out of or in connection with the Goods will be reduced proportionately to the extent that:

(a)        such loss or damage has been caused by the other party’s failure to comply with its obligations and responsibilities under these Terms and Conditions; and

(b)        the negligence of the other party has contributed to such loss or damage, regardless of whether a claim is made by the other party for breach of contract or for negligence.

13.       Goods and Services Tax

13.1     For the purposes of this clause, the following shall apply:

“GST” has the meaning given in Section 195-1 of the GST Act;

“GST Act” means A New Tax System (Goods and Services Tax) Act 1999 and any legislation substituting or amending that Act;

“Tax Invoice” has the meaning given in Section 195-1 of the GST Act;

“Taxable Supply” has the meaning given in Section 195-1 of the GST Act.

13.2     The parties agree that all Taxable Supplies to be made pursuant to these Terms & Conditions are inclusive of GST. The party supplying the Taxable Supply shall provide a Tax Invoice and the recipient shall pay all GST on the Taxable Supply.

14.       Jurisdiction
14.1     All Contracts of Sale are deemed to incorporate these Terms and Conditions which are subject to the laws, applicable from time to time, in Western Australia, Australia.

15.       Severance

15.1     If any section or portion of a section of these Terms and Conditions is deemed to be unlawful or unenforceable, that section or portion shall no longer form part of these Terms and Conditions and the remaining terms shall continue unaffected.

16.       Assignment

16.1     The Customer is not permitted, without DNY Computers’ consent which is not to be unreasonably withheld, to assign any of its rights or obligations under these Terms and Conditions.

17.       Variation

17.1     DNY Computers may amend these Terms and Conditions at any time by posting amended Terms and Conditions on the Website. The Terms and Conditions applicable to a certain Order are those Terms and Conditions in force at the time the Customer placed the relevant Order. By continuing to place Orders, the Customer is deemed to have accepted the amended terms.

18.       Exclusion of Sale of Goods Legislation

18.1          Any warranties, guarantees, terms or conditions implied by the common law or the Sale of Goods Act 1895 (WA) are hereby expressly excluded.

DNY Computers’ Returns Policy

1.         Overview of Returns Policy

1.1       Goods that are returnable under this policy include those that:

(a) are dead on arrival;

(b) are faulty or develop a fault;

(c) are damaged in transit;

(d) do not match those Goods ordered.

2.         Interpretation

2.1       In these Terms and Conditions:

“Contract of Sale” means any sales contract entered into between the Customer and DNY Computers in respect of Goods.

“Customer” means the entity that is the purchaser of the Goods.

“DNY Computers” means “ DNY Computers and Electronics ABN 37 120 433 070 ”.

“Goods” means any goods supplied to the Customer pursuant to a Contract of Sale.

“Invoice Date” means the date that the invoice for the Order was issued as noted on the invoice.

“Invoice Number” means the serial number of the invoice as noted on the invoice.

“Returns Policy” means this policy pursuant to which DNY Computers agrees to return, credit or refund the price of the Goods purchased by a Customer.

“Terms and Conditions” means the Terms and Conditions attaching, and forming part of, this Returns Policy.

“Total Price” has the meaning given to it by clause 7.1 of the above Terms & Conditions.

“Website” means the Internet store operated by DNY Computers located at www.dny.com.au.

3.         Goods that are Returnable

3.1       If the Customer takes delivery of Goods from DNY Computers that are not in working condition (dead on arrival); or are faulty or develop a fault; or have been damaged in transit; or the Goods do not correspond with those the subject of the Order, the Customer must notify DNY Computers by telephone, facsimile or email at info@dny.com.au, in accordance with clause 4 of the Returns Policy, within 7 days of the Invoice Date and of taking delivery of such Goods.

3.2       Upon the Customer notifying DNY Computers of the Goods dead on arrival; or faulty or having developed a fault; or having been damaged in transit; or the Goods do not correspond with those the subject of the Order, the Customer must quote to DNY Computers the Invoice Date, the Invoice Number, the Goods’ serial number, a description of the Goods and a description of the fault or error.

3.3       The Customer must obtain written authorisation from DNY Computers by email at info@dny.com.au or facsimile to return the Goods before returning the Goods.

3.4       Upon receipt of such notice by the Customer and after DNY issues written return authorisation, DNY Computers will arrange for the faulty or incorrectly dispatched Goods to be collected or otherwise arrange for their return as soon as reasonably practicable.

3.5       The Customer must ensure that the Goods being returned are accompanied by all items that were originally dispatched with those particular faulty or incorrectly dispatched Goods, including, but not limited to all packaging, manuals, registration cards, accessories and software.

3.6       It is a condition that the faulty or incorrectly dispatched Goods are to be returned together with all accompanying items in a resealable condition.

3.7       If the Goods that are returned are received not in accordance with the clauses 3.1, 3.2, 3.3., 3.4, 3.5 and 3.6, the processing of such return will be delayed until proper return authorisation is required and all accessories are returned at the Customer’s expense.

3.8       DNY Computers has the right to refuse the return of any faulty or incorrectly dispatched Goods to DNY Computers which does not meet the return policy terms and conditions as per clauses 3.1, 3.2, 3.3., 3.4, 3.5, 3.6 and 3.7.

3.9       If DNY Computers receives an unauthorised returned Good, such returned Good shall be sent back to the Customer without being checked for fault, at the Customer’s expense.

3.10     If DNY Computers, or its agent, determine in their reasonable opinion that the Goods are in full working condition and or were correctly dispatched:

(a)        the Goods will be returned to the Customer at the Customer’s expense; and

(b)        the Customer will be liable to pay DNY Computers a processing fee of 10% of the Total Price of the returned Goods together with freight costs associated with their return.

3.11     If DNY Computers, or its agent, determine in their reasonable opinion that the Goods are not in working condition and are faulty for no reason attributable to the Customer and or the Goods were incorrectly dispatched, DNY Computers will offer the Customer the choice of:

(a)        a refund for the Total Price of the returned Goods; or

(b)        a credit for the Total Price of the returned Goods; or

(c)        to replace the returned Goods.

3.12          Notwithstanding any clause, all the parties agree that:

(a)                Most of the DNY Computer’s Goods have a manufacturer’s warranty.

(b)               If the Customer takes delivery of Goods from DNY Computers that are not in working condition (dead on arrival); or are faulty or develop a fault; or have been damaged in transit; or the Goods do not correspond with those the subject of the Order, the Customer must notify DNY Computers by telephone, facsimile or email at info@dny.com.au, in accordance with clause 4 of the Returns Policy, within 7 days of the Invoice Date and of taking delivery of such Goods.

(c)                If the Customer notifies DNY Computers after 7 days of the Invoice Date and of taking delivery of such Goods, the Customer is to deal directly with the manufacturer and DNY Computers is not liable to the Customer for any warranties, or any liabilities of whatsoever nature from thereon.  The policy and procedure for the repair and return of Goods covered by such a warranty are governed by the terms and conditions of that warranty.

4.         Returns Procedure

4.1       The Customer is responsible for ensuring that all Goods that are to be returned are packed appropriately in Order to prevent damage during shipping.

4.2       Prior to returning any Goods pursuant to the Returns Policy, the Customer must provide DNY Computers with the following information:

(a)        the Customers name and contact phone number;

(b)        the Order number;

(c)        the date appearing on the packing slip or invoice;

(d)         the reason for return.

4.3       After DNY Computers has received this information, the Customer will be provided with a Return Authorisation Number. DNY Computers will only accept Goods for return in respect of which a Return Authorisation Number has been issued.

4.4       A Return Authorisation Number must be obtained for each individual Good the Customer seeks to return and is valid for fourteen (14) days from the date of issue.

4.5       Upon receiving a Return Authorisation Number in respect of the Goods that are to be returned, the Customer must use its best endeavours to ensure the Goods are returned to DNY Computers, or its agent, prior to the expiry of the Return Authorisation Number.

4.6       The Return Authorisation Number must appear clearly visible on the shipping label.

4.7       DNY Computers, or its agent, are entitled to refuse for return any Goods that:

(a)        are incomplete or missing parts; or

(b)        are not returned in their original packaging; or

(c)        show signs of physical damage to the Goods or their packaging (except where the Goods are returned in accordance with clause 4 of the Returns Policy); or

(d)        do not a include a valid Return Authorisation Number on the shipping label; or

(e)        have an expired Return Authorisation Number.

5.         Goods Sold on a No Returns Basis

5.1       Goods sold on a no returns basis include:

(a)        ex-demonstration Goods;

(b)        ex-rental Goods;

(c)        licensed software;

(d)        Goods not available on the Website which have been ordered specifically at the Customers request;

(e)        Goods in respect of which the Customer has been made aware, by a notice placed on the Website, are sold on a no returns basis.

5.2       Goods sold on a no returns basis will only be accepted for return pursuant to clause 3 of the Returns Policy or otherwise pursuant to statute, except that, in all cases, DNY Computers will only offer a credit in respect of any such Goods returned.

6.         Goods Not Refundable or Returnable

6.1       To the extent permitted by law, DNY Computers will not offer a refund or credit in circumstances where the Customer:

(a)        after placing an Order, changes their mind or decides that they do not like the Goods or have no use for them; or

(b)        discovers it (the Customer) can buy the Goods cheaper elsewhere; or

(c)        has a defect drawn to their attention prior to placing an Order; or

(d)        damages the Goods by unreasonable or unintended use.