ATTENTION:
Please read these Terms carefully as they apply to orders submitted by you for products and services available in the HP Ebay store located at https://www.ebay.com.au/usr/hp_official (“HP Ebay Store”).
Products and services purchased through the HP Ebay Store are sold and distributed by Ingram Micro Pty Ltd ABN 45 112 487 966 (“Ingram”). By ordering products from the HP Ebay Store you confirm that you agree to these Terms, which will govern such purchases.
HP PPS Australia Pty Ltd (ABN 16 603 480 628) ("HP") and its affiliates are the host of the HP Ebay Store.
Prices and Delivery Charges
Prices, delivery charges and payment will be as specified in the HP Ebay Store. Ingram reserves the right to change prices published on the HP Ebay Store prior to acceptance of that order by Ingram. If applicable, Ingram will list delivery charges as a separate line item on its invoices. Prices will include the applicable goods and services taxes as at the date that the order is accepted by Ingram and the sale has been processed and concluded.
Where there has been a typographical or other error in the price, Ingram has the right to correct the price at any time prior to delivery. You will be notified of the corrected price. You may choose to pay the corrected price, however if you do not choose to pay the corrected price, then Ingram may cancel your order and will issue a refund or credit to your account, if you have already paid.
Prices quoted do not include installation.
Orders
All orders are subject to acceptance by Ingram. Ingram will provide you with an order acceptance or rejection notice as soon as reasonably possible.
You will specify a delivery address within Australia ONLY
Once Ingram has accepted your order, it is final and binding upon you. Products purchased within Australia will only be shipped or delivered within Australia. You may not export any products purchased at the HP Ebay Store.
Order Cancellation
Ingram has the right to cancel any accepted order prior to delivery in the event of any pricing error (as referred to above) or any material error outside of Ingram’s control in connection with your order or other conditions published in the HP Ebay Store relevant for your order, or if any further verification of your credit conditions or records so warrants. If you have already made payment and your order is cancelled, a refund will be issued to your account.
Title and Risk of Loss
Title to hardware products passes to you upon the later of full payment and delivery of the products. Risk of loss and damage pass to you upon delivery.
Products Availability & Discontinuance
Availability of the products is limited, and products may not be available for immediate delivery. You will be contacted if the product is no longer available or if there will be a substantial delay in delivering the products to you. If the products are no longer available, you will be contacted to discuss what (if any) alternative products are available. You will have the option to cancel or amend your order. If you have already made payment and your order is cancelled, a refund will be issued to your account. If your order is amended and purchase price changes, you will pay any additional amount due in accordance with the payment terms set out in these Terms or you will be issued a refund to your account.
Personal Use
Products and services acquired by you under these Terms are solely for your personal use and not for immediate resale or sub-licensing.
Your responsibilities
The products are capable of retaining user-generated data.
You should make periodic backup copies of the data, files and programs stored on your products, including hard drives and storage devices, as a precaution against possible failures, alteration, or loss of the data.
Before returning any product for service (including repair), be sure to back up data and remove any confidential, proprietary or personal information. Data may be lost during service (including repair).
You should maintain a separate backup system or procedure that is not dependent on the products so you can reconstruct lost or altered files, data, and programs.
Warranty
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to:
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund for any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the foods or service.
In addition, all HP branded products are covered by the applicable HP limited warranty according to the terms and limitations specified in the warranty statement bundled with such products. Please see the warranty statement bundled with the product or contact HP on the details below for further information or if you have any questions.
Products may have been manufactured using some refurbished components or may have been used internally for reliability or performance testing.
Goods presented for repair may be replaced by new or reconditioned or refurbished or comparable versions of the same type of goods rather than being repaired. New or reconditioned or refurbished or comparable versions of parts may be used to repair the goods.
HP Care Pack
By purchasing an HP Care Pack, you are entering into a separate contract with HP in relation to the provision of services under that Care Pack. HP will be responsible for providing the Care Pack services you ordered in accordance with the HP Support Services Agreement Terms and Conditions set out below, together with the relevant HP Care Pack and the service specifications chosen by you at the time of purchase. For more information on HP Care Pack’s term & conditions, please visit HP Care Pack Central.
Software Licences
HP software products are subject to HP’s standard licence terms posted at https://support.hp.com/us-en/document/ish_4416646-4390016-16. Non-HP software products and, exceptionally, some HP software products may be subject to different licence terms, as provided with such products.
Limitation of the LiabilityNothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by the Australian Consumer Law which cannot be lawfully excluded or limited.
Save for any rights you may have at law which cannot be excluded, limited or modified, including your consumer guarantee rights contained in the Australian Consumer Law (and referred to above):
Nothing in this Terms excludes or limits liability for death or personal injury (including to the extent caused by its negligence) or for any other liability that cannot be excluded or limited by law
The maximum aggregate liability under the Terms whether in contract, tort (including negligence) or otherwise, save for any rights you may have at law which cannot be excluded, limited or modified, including your consumer guarantee rights contained in the Australian Consumer Law, shall in no circumstances exceed the amount payable by you to us in respect of the HP branded products in question.
Protection of Personal Data
You agree that any personally identifiable information you provide in connection with the HP Ebay Store is collected by HP and may be used by HP in accordance with the terms specified in the HP Privacy Statement available at the bottom of the HP Ebay Store web pages.
You also agree that HP may use personal information provided by you in order to conduct appropriate anti- fraud checks. Personal information that you provide may be checked against a credit reference or fraud prevention agency, which may keep a record of that information.
Export Statement of Assurance
Products obtained under these Terms may be subject to Australia and other government export control laws and regulations. You must comply with those regulations whenever you export or re-export controlled products or technical data obtained from Ingram or any product produced directly from the controlled technical data.
Other applicable terms
Products are manufactured for standard commercial uses and are not intended to be sold or licensed for use in critical safety systems, in hospitals in situations where uninterrupted performance is desirable or in nuclear facilities.
Ingram is not responsible for delay or failure to perform under these Terms due to causes beyond its reasonable control.
Each party will treat and hold confidential information provided by the other party which is marked as confidential or proprietary.
Ingram may subcontract the performance of services to qualified service suppliers.
All documents referred to in these Terms are incorporated into these Terms and are available from Ingram upon request.
Any customer site access requirements will not be enforceable to either increase the obligations or liabilities or reduce the rights under these Terms of Ingram, its officers, employees, or subcontractors.
Governing Laws
Any contract or dispute arising in connection with Terms will be governed by laws in force in Australia.
Warranty Support (Australia)
HP PPS Australia Pty Ltd Building F, Level 5, 1 Homebush Bay Drive, Rhodes, NSW 2138, Australia
For warranty support, please contact HP on:
Commercial Desktops: 13 10 47 If dialing internationally: +61 2 8278-1039
Consumer Desktops:[phone number removed by eBay] If dialing internationally: +61 3 8833 5000
For a full listing of HP support contacts, please refer to www.hp.com.au and select the “Connect with HP” option.
Unless otherwise agreed by HP or required by law, including the Australian Consumer Law, you are responsible for the cost of returning goods to HP for warranty support. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
by HP PPS Australia Pty Ltd (ABN 16 603 480 628)
Refer to the HP Support Service Agreement Terms & Conditions (Business) if you have purchased goods and/or services:
by HP PPS Australia Pty Ltd (ABN 16 603 480 628)
Consumer guarantees and your rights under the Australian Consumer Law: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, You (the Customer, as defined below) are entitled to:
You (the Customer) are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, You are entitled to have the failure rectified in a reasonable time. If this is not done You are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund for any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the foods or service.
The support services described in the HP Support Service Agreement Terms and Conditions, together with the relevant HP Care Pack and service specifications specified in the HP Care Pack Product Name or Description, (the "Agreement") are provided in addition to any condition, warranty, guarantee, right or remedy you may have at law (including a consumer guarantee under the Australian Consumer Law). Nothing in this Agreement excludes, restricts or modifies any condition, warranty, guarantee, right or remedy you may have at law (including a consumer guarantee under the Australian Consumer Law) which cannot be lawfully excluded or limited.
Support Services: HP will provide support services described in this Agreement ("HP Support Services") in Australia for products purchased in Australia. If it is mutually agreed upon by HP and an HP Authorised Representative, an HP Authorised Representative will provide the HP Support Services on behalf of HP. Refer to the relevant HP Care Pack for the procedure to follow to claim your warranty.
Customer: As used herein “Customer” refers to either
Charges: Customer will prepay for HP Support Services under this Agreement at the time of support purchase. Customer will pay all applicable taxes. Full refunds for prepaid HP Support Services are available if Customer cancels within thirty days of receipt of the Agreement. Save for any condition, warranty, guarantee, right or remedy the Customer may have at law which cannot be excluded, limited or modified (including a consumer guarantee under the Australian Consumer Law), an additional charge may be billed to Customer for hardware products that are found not defective. The Customer is only required to pay for HP Support Services, or any element of HP Support Services, which are wholly or partly over and above any condition, warranty, guarantee, right or remedy the Customer may have under a written law of the Commonwealth, a State or a Territory (including a consumer guarantee under the Australian Consumer Law) and the applicable HP limited warranty.
Eligible Products:
HP warrants replacement parts provided to maintain hardware products serviced hereunder against defects in materials and workmanship for 90 days after return of the product to Customer. If HP receives notice of defective replacement parts during the term of this Agreement, HP will, at its option, repair or replace the replacement parts that prove to be defective. Where legislation implies in this Agreement any condition or warranty which cannot be excluded, restricted or modified, then that condition or warranty is included in this Agreement. However, to the extent permitted by law, HP’s liability for any breach of such condition or warranty is limited, at HP’s option, to one or more of the following: (a) if the breach relates to products: (i) the replacement of the products or the supply of equivalent products; (ii) the repair of such products; (iii) the payment of the cost of replacing the products or of acquiring equivalent products; or (iv) the payment of the cost of having the products repaired; and (b) if the breach relates to services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again. SUBJECT TO AUSTRALIAN LAW, THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTY OR CONDITION, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED AND HP SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
Limitations of Liability and Remedies: To the extent allowed by Australian law: (i) HP's liability, whether in contract, tort including negligence, equity, statute or otherwise is limited to: (a) damages for bodily injury; (b) direct damages to tangible property up to a limit of U.S.$300,000; and (c) other direct damages for any claim based on a material breach of HP Support Services under this Agreement, up to a maximum of the support charges paid by Customer for this Agreement for the products at issue; (ii) in no event will HP or its affiliates, subcontractors or suppliers be liable for any lost profits or savings, whether actual or potential; any lost revenue, contracts, customers, opportunities or goodwill, whether actual or potential; downtime costs; any loss of data, or software restoration; any damages relating to Customer’s procurement of substitute products or services (i.e. “cost of cover”); or incidental, indirect, special, economic, punitive or consequential loss or damage whether or not HP was aware or should have been aware of the possibility of such loss or damage (but excluding damages for bodily injury); and (iii) the remedies contained in these terms and conditions are Customer's sole and exclusive remedies. HP will not be liable for performance delays or for non-performance due to causes beyond its reasonable control.
Limitations of Service:
Customer Responsibilities (the product covered by this Agreement and instructions on how to obtain HP Support Services are described on the HP confirmation of payment and/or the back of the physical HP Care Pack, which are incorporated herein by this reference):
On-Site Support for HP Network Connectivity Products: Configuration restoration assistance will be offered after repairing or replacing an HP hub, bridge, switch or router (or add-in HP module or transceiver). HP will work with the customer to restore the configuration of the serviced device if the valid pre-service configuration is immediately available. The valid configuration may be in the form of either an electronically saved file or a clear and complete printed documentation of all required device parameters. On-site support for HP Network Connectivity Products is a device-specific service and not intended for interconnection troubleshooting.
Maximum Use Limitations: Products operated in excess of an acceptable maximum usage rate or duty cycle (including as specified in the technical data sheet, operating manual, or service description) will be serviced at HP's standard service rates.
Transfer of Service: This Agreement may only be assigned in connection with sale of the covered product. Customer or HP Authorised Representative as assignor must inform HP when the covered product is sold. For assignment of this Agreement to be effective, assignment must be in writing, signed by the assignor and available for inspection by HP personnel. Assignment will not be valid if in breach of Australian, New Zealand or U.S. export regulations.
Term:
Termination: Customer may terminate this Agreement by notifying HP within thirty days of purchase to receive a full refund from the place of purchase. HP may terminate at any time after the effective date of this Agreement if Customer fails to perform or observe any condition of this Agreement with HP.
Governing Laws: Any disputes arising in connection with this Agreement will be governed by the laws of Victoria, Australia. The courts of Victoria, Australia shall have jurisdiction.
Entire Agreement: The terms and conditions of this Agreement (together with the HP Authorised Contract Management Partner Addendum for HP Authorised Representatives) constitute the entire understanding between the parties relating to the provision of HP Support Services described herein and will supersede any previous communication, representation or agreement whether oral or written. Customer's additional or different terms and conditions will not apply. Customer's acceptance of this Agreement is deemed to occur upon Customer's purchase of HP Support Services, or failure to give notice of termination to place of purchase within thirty days or HP's provision of HP Support Services. No change of any of the terms and conditions will be valid unless in writing signed by an authorised representative of each party.
Warranty Support (Australia)
HP PPS Australia Pty Ltd Building F, Level 5, 1 Homebush Bay Drive, Rhodes, NSW 2138, Australia
For warranty support, please contact HP on:
Commercial Desktops and Printers: 13 10 47 If dialing internationally: +61 2 8278-1039
For a full listing of HP support contacts, please refer to www.hp.com.au and select the ‘Connect with HP’ option.
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