The parties, the Website, access and legal documentation
1. This website ("Website") is owned and operated by ITFast Pty Ltd (ABN 78 112 314 235).
2. Access to the secure areas of this Website is restricted to: a) persons who are authorised customers of ITFast Pty Ltd ("Customer"), and b) Internet Service providers who provide their subscribers with access to the world wide web. Access by any other person to the secure areas of this Website is strictly prohibited.
General Commercial Terms
1. This Website is provided for the purposes of allowing the Customer to do the following with an industry standard web browser (referred to collectively as the "Authorised Purposes"): a) access as presented on this Website information about ITFast Pty Ltd, the terms of the relationship between the Customer and IT Fast Pty Ltd, and the goods and/or services presented on this Website, and b) communicate to ITFast Pty Ltd the Customer's desire to purchase goods and/or services presented on this Website. The Customer must use this Website solely for the Authorised Purposes.
2. Upon account opening, ITFast Pty Ltd will provide the Customer with a Unique Account Name and an Access Password which the Customer may use to gain access to the secure areas of this Website. The Customer may also use this Account Name and Password to gain access to the ordering area of this Website where the Customer may place an order.
5. If the Customer wishes to retain a hard copy of any order it places on this Website, the Customer may print the relevant order confirmation as provided for on this Website using any industry standard web browser. The presentation of an order confirmation on this website indicates only that the relevant order has been received by ITFast Pty Ltd.
6. The decision by ITFast Pty Ltd whether or not to accept or fulfil any order will be based inter alia upon the Customer's account and credit status at the relevant time. Orders accepted by ITFast Pty Ltd will be confirmed by e-mail to the Customer. ITFast Pty Ltd reserves the right to delay or cancel any order at any time (including at the time of fulfilment).
7. If the Customer wishes to cancel any order, it must do so be telephoning its ITFast Pty Ltd customer sales representative or account manager. Orders may normally be cancelled within 30 minutes of placement, but no order will be cancelled after it has left ITFast Pty Ltd's premises for shipping regardless of when this occurs.
8. ITFast Pty Ltd's Customer Returns Procedure will apply to all items which the Customer wishes to return.
9. All prices quoted are in Australian dollars and are inclusive of GST unless otherwise stated. Prices are subject to change without notice. We reserve the right to make adjustments to information or pricing due to typographical errors, market fluctuations, manufacturers price changes etc. that may occur at any time.
10. The Customer expressly authorises ITFast Pty Ltd to communicate with it via e-mail regarding any order the Customer places on this Website, the Customer's account and/or credit status and other confidential information including the Password which the Customer must enter to access this Website. ITFast Pty Ltd will send such e-mails to the e-mail address specified by the Customer at the time of account opening or as otherwise advised by the Customer to ITFast Pty Ltd either expressly in writing signed by an authorised representative of the Customer or on Registration Document which the Customer submits to ITFast Pty Ltd as part of its application to gain access to this Website.
Product Information, advertising and links to third party websites
1. This Website contains information on goods and services which the Customer may purchase including inter alia product descriptions and specifications. With the exception of information relating to ITFast Pty Ltd pricing and stock availability, all product information has been provided by the relevant original equipment manufacturer and/or vendor and not ITFast Pty Ltd, and ITFast Pty Ltd has included it on this Website as a convenience only. The Customer should confirm all product descriptions and specifications with the relevant original equipment manufacturer or vendor before purchase
2. This Website contains hyperlinks and pointers to other websites operated by third parties. These linked websites are not controlled by ITFast Pty Ltd, and ITFast Pty Ltd is not responsible for the contents of any linked website or any hyperlink contained in a linked website. The hyperlinks are provided as a convenience only, and the inclusion of any hyperlink on this Website does not imply any endorsement of the linked website by ITFast Pty Ltd, its affiliates or their directors or employees. The Customer links to any such website entirely at its own risk.
3. This Website also contains third party advertisements (including banner ads, partial and full page advertisements) which may contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and must not be construed as either recommendations or endorsements by ITFast Pty Ltd, its affiliates or their directors or employees. The Customer is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
4. In some instances, the advertisement may contain representations or offers by the third party advertiser which the Customer may accept by linking to the advertiser's website and executing the relevant transaction. Such offers are made by the third party advertisers and not ITFast Pty Ltd, and the third party advertisers are solely responsible to the Customer for the delivery of any goods or services the Customer purchases on the third party websites.
Disclaimer and limitation of liability
1. The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on the Customer in relation to the provision by IT Fast Pty Ltd of this Website (including the various functions contained on this Website) which cannot be excluded, restricted or modified ("Non-excludable Rights"). ITFast Pty Ltd does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
2. Except as provided for by the Non-excludable Rights: a) this Website (including all Content and functions) is provided "as is" and without warranties of any kind, either express or implied, b) ITFast Pty Ltd and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) ITFast Pty Ltd does not warrant that any functions on this Website (including inter alia the Customer's access to this Website) will be uninterrupted or error-free, that any defects will be corrected or that this Website or the server which stores and transmits Content to the Customer or any other person accessing this Website are free of viruses or any other harmful components, d) ITFast Pty Ltd does not warrant or make any representations regarding any the Customer's access to, or the results of the Customer's access to, this Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
3. Under no circumstances (including but not limited to any act or omission on the part of ITFast Pty Ltd) will ITFast Pty Ltd or its affiliates be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Website or any Content.
4. ITFast Pty Ltd will not, in any event, be liable for any loss of revenue, profit, use of data, interruption of business or for special, indirect, consequential, incidental, exemplary or punitive damages, however caused and regardless of the theory of liability, arising out of the use of or inability to use the product, or in any way connected to this agreement, even if ITFast Pty Ltd has been advised of such damages. The foregoing limitation of liability whether any claim is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, or otherwise. In no event will ITFast Pty Ltd liability to Customer exceed the purchase price paid for the product that is the basis for the claim.
5. Manufacturers and service providers warranties apply where applicable.
Disclaimer and Indemnity
1. All goods supplied by ITFast Pty Ltd are at the purchaser's risk immediately from delivery. However, title of the goods remains with ITFast Pty Ltd until the invoice is paid in full.
2. Prices are subject to change at the time of publication. ITFast Pty Ltd reserves the right to vary and change the items listed in this price list. While every effort is made to ensure accuracy of information, ITFast Pty Ltd cannot take responsibility for any errors and omissions.
3. ITFast Pty Ltd shall not be responsible for any loss or damage howsoever caused to the property or person of the customer or any third party as a result of any defect in the goods whether patent or latent, and the customer indemnifies ITFast Pty Ltd against any claims against it by any third party arising out of any such defects.
4. All items in this price list are subject to availability, changes in price, and changes to specifications from date of publication.
If ITFast Pty Ltd is prevented from delivering the goods because of any act of God, war, strike, lock-out, industrial dispute, government legislation or intervention, fire, flood, transport delays or any other cause beyond its control then it shall be entitled at its option to either extend the time for delivery until a reasonable period after such cause has ceased or to terminate the sale and in neither case shall the purchaser have any claim for loss or damage against ITFast Pty Ltd.
All freight charges are the responsibility of the customer. ITFast Pty Ltd will accept no responsibility whatsoever for goods lost or damaged in transit. If insurance is required we suggest you contact your insurance company to ensure your goods are adequately covered.
Title To Goods
The goods shall remain the absolute property of ITFast Pty Ltd as legal and equitable owner and property in the goods shall not pass to the purchaser until the purchase price has been fully paid.
Until the purchase price has been fully paid:
1. The relationship between the purchaser and ITFast Pty Ltd is a fiduciary relationship and the purchaser shall hold the goods as bailee for ITFast Pty Ltd in such manner as to clearly identify them as being the property of ITFast Pty Ltd
2. The purchaser may resell the goods in the usual course of its business but it shall keep separate records of sales of the goods and shall pay the proceeds of such sales into a separate account in trust for ITFast Pty Ltd.
3. The purchaser shall insure the goods and shall indemnify ITFast Pty Ltd against any loss or damage to the goods arising after delivery to the purchaser.
4. The purchaser shall notify ITFast Pty Ltd promptly of any levy of execution by the third party against the goods.
Trademarks of ITFast Pty Ltd and its affiliates
1. The following trademarks which appear on this Website are owned by ITFast Pty Ltd and its affiliates.
2. All other trade marks on this Website, registered or otherwise, are trade marks of their respective owners.