TERMS AND CONDITIONS

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE ORDERING ANY GOODS OR GOODS (“GOODS”). USING THIS SITE TO ORDER INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT OR UNDERSTAND THEM, DO NOT PROCEED WITH ANY ORDER.

This is a legal agreement between you, YOU, and GAMES DEPOT.  BY ORDERING THESE GOODS YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. 

1.1                  In these conditions:

“Delivery” means the date the GOODS are delivered by GAMES DEPOT to the carrier for transport to YOU.

“GOODS” means the products specified in your Purchase Order.

“GAMES DEPOT” means the seller/supplier of the GOODS.

2.                      These terms and conditions of sale bind YOU and GAMES DEPOT whenever GAMES DEPOT accepts YOUR Order for the supply and sale of the GOODS.

3.                      Prices

3.1                  Subject to these terms, the price of GOODS ordered by YOU will be as per GAMES DEPOT’S published price for the GOODS.

3.2                  YOU will be deemed to have accepted the price and agreed to accept the GOODS specified if YOU order the product.

3.3                  A Price is only valid for delivery in Australia .

3.4                  All prices unless otherwise stated are nett of any fees, charges and taxes but including G.S.T. if applicable.

3.5                  Data and prices on this site are subject to change without notice.  A Price may be altered or withdrawn at any time before receipt of order.

4.                      Shortages and Defects

4.1                  GAMES DEPOT provides prices and accepts orders subject to availability and reserves the right to refuse to supply Goods if they are not available or wholesale prices change.  YOU waive any right to make a claim for defect in, any GOODS delivered by GAMES DEPOT to YOU, unless such claim has been lodged with GAMES DEPOT within 7 days from the date of Delivery of the GOODS by GAMES DEPOT to YOU, and YOU fully comply with manufacturer warranty requirements including delivery of the Goods at your cost to a manufacturer service point.

4.2                  All descriptions, illustrations and specifications, relating to GOODS, which are contained in GAMES DEPOT’s website, catalogues, price lists and other advertising matter do not form part of the contract of sale the GOODS.

5.                      Delivery

5.1                  Any delivery times made known to YOU are estimates only and GAMES DEPOT shall not be liable to YOU for direct or indirect loss suffered by YOU or anyone else as a result of late delivery or non-delivery of the GOODS.

5.2                  YOU will not be entitled to terminate the contract for late delivery or non-delivery of the GOODS unless we agree otherwise in writing.

6.                      Loss or Damage in Transit

6.1                  GAMES DEPOT is not responsible for any loss, penalties, liquidated damages or damage to the GOODS in Transit.  YOU will be solely responsible for any risk in transit from the point of loading for transit.  Any carriers engaged to carry the GOODS are deemed to be agents for YOU, regardless of whether GAMES DEPOT engaged the carriers.

7.                      Payment

7.1                  Unless agreed otherwise in writing, YOU must pay the invoiced price for all GOODS in Australian dollars in advance. 

7.2                  GAMES DEPOT reserves the right from time to time to place limits on the amount of orders to be permitted by YOU.

7.3                  The cost of any special packing used by GAMES DEPOT for the GOODS shall be at YOUR expense notwithstanding that such costs may have been omitted from any price.

7.4                  Prices quoted may be based on rates of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, rate of weights, cost of materials and other charges affecting the cost of production as at the date of quotation and any alterations to any such costs acceptance of which increase or decrease the price quoted shall be to YOUR account.

7.5                  YOU are responsible to pay all applicable Federal and State import duties, and the process of clearing the GOODS through any customs process and any other tax including tax in the nature of a GOODS and services tax, duty, charge or impost which is payable in respect of the GOODS in addition to the quoted sale price.

8.                      Retention of Title

8.1                  Without affecting clause 8.2, until the GOODS are paid for in full by YOU, ownership of the GOODS remains with GAMES DEPOT whether or not the GOODS pass into your possession.

8.2                  YOU assume the risk for any loss or damage to or deterioration of the GOODS as and from the date of dispatch for delivery.  YOU are also liable for any costs incurred after the date of Delivery including GAMES DEPOT storage costs, additional transportation costs that exceed those contemplated by these terms, increased cost of freight and insurance rates not contemplated by the quoted sale price.

9.                      GAMES DEPOT’S Warranties

9.1                  GAMES DEPOT shall not be obliged to accept GOODS returned by YOU and will do so only in accordance with these terms.

10.                  Limitation of Liability

10.1             GAMES DEPOT excludes all other warranties and representations and is not responsible for any liability or costs incurred as a direct or indirect result of the use, operation, installation or alteration or repair of GOODS by YOU or its employees or agents.

10.2             GAMES DEPOT does not warrant the accuracy of performance figures or statistics for any of the GOODS.

10.3             GAMES DEPOT is not liable to YOU under any circumstances for any consequential or indirect loss or damage arising out of the supply and sale of GOODS to YOU in accordance with these terms and conditions of sale.

10.4             To the extent that GAMES DEPOT is liable to YOU in respect of the GOODS, or is unable, by law, to exclude its liability, GAMES DEPOT’s liability arising out of damage or loss resulting from the supply and sale of the GOODS is limited to:

a)                     replacement of the GOODS;

b)                     repair of the GOODS;

c)                      cost of having the GOODS replaced;

d)                     cost of having the GOODS repaired; or

The choice of which remedy is to apply is to rest with GAMES DEPOT in its sole and absolute discretion, and will only be claimable after YOU have complied with all Manufacturer warranty requirements and exhausted all Manufacturer warranty options.

11.                  General Provisions

11.1             If any provision of this agreement is void or unenforceable the provision shall be severed from this agreement to the extent it is void or unenforceable without affecting the validity or enforceability of the rest of the agreement.

11.2             These terms and conditions of sale constitute the entire agreement between GAMES DEPOT and YOU relating to the GOODS and supersede all prior agreements, understandings and negotiations with respect to the GOODS.  Any variation or amendment to these terms and conditions is not binding on GAMES DEPOT unless in writing and signed by each of the parties.

11.4            Although every step is taken to protect the privacy of any corporate or personal information provided transmission is at your own risk.  It is your responsibility to ensure any corporate or personal information provided is kept secure.

11.5       This agreement shall be governed by and interpreted under the laws of Queensland Australia.