Terms of Online Sales of New Products and Warranty Services

   

Please read these Terms and Conditions carefully as they apply to the purchase of Products and/or Services from Lenovo (Australia and New Zealand) Pty Limited ABN 70 112 394 411 ("Lenovo").

1. When is a contract formed between you and Lenovo?

No contract for the purchase of Products or Services will be formed until Lenovo accepts your Order by one of the following:

(a) shipping the hardware Product and sending you a shipment confirmation email; or

(b) making the software Product available to you; or

(c) providing the Service to you.

 Confirmation of Lenovo's receipt of your Order and/or confirmation that the Order has been received and is being processed do not constitute acceptance by Lenovo of your Order.

Lenovo will accept your Order only if:

(a) you accept these Terms and Conditions; and

(b) you provide a valid ship to address within Australia; and

(c)  the Product or Service you have ordered is available or will become available within 30 days.

Lenovo reserves the right, at its sole discretion, to decline to accept your Order, or to limit the number of units of a particular Product that you may purchase at any one time.  If Lenovo does not accept your Order we will notify you by telephone or email.  Your card payment will not be processed or your direct deposit will be refunded.

2. What are the terms of the contract?

Your Order, these Terms and Conditions, including associated warranty statements, license agreements, and applicable attachments, form the terms of the contract between you and Lenovo regarding your purchase of Products or Services, and replace any/all prior oral or written communications between you and Lenovo. Any additional or different terms in any order or written communications from you are waived and of no effect, unless expressly agreed in writing by Lenovo.

3. Prices and offers

Lenovo makes every effort to ensure the accuracy of all information but takes no responsibility for any editorial, photographic or typographic errors. Lenovo makes no representation or warranty regarding third party Products or Services. Lenovo reserves the right to correct any errors, inaccuracies or omissions and to change or update information on the Lenovo website at any time, without prior notice.

Prices listed, quoted via telephone or web chat are in Australian dollars and include all applicable taxes and delivery charges.

All promotional Products listed, quoted via telephone or web chat are the final prices and not subject to further discounts. Offers cannot be combined with any other existing promotional offers. Offers, prices, specifications and availability may change without notice. Lenovo reserves the right to withdraw our offers, change prices or Product specifications at any time without notice.

If the price of a Lenovo Product or Service is reduced after purchased, you may contact Lenovo on 1300 557 073 (option 2) to request for a refund of the reduction within 7 days of delivery of the Product or Service.

If a Product or Service is quoted at an incorrect price due to typographical error or error in pricing information:

(a) Lenovo has the right to refuse or cancel any Orders placed for the Product or Service quoted at the incorrect price, even if Lenovo has confirmed the receipt of your Order and reserved an authorised amount on your credit card, or received your direct deposit;

(b) if Lenovo has reserved an authorised amount on your credit card, or received your direct deposit but subsequently cancelled your Order, Lenovo will not process your credit card payment (full authorisation hold on your card will automatically expire after 7 days for Visa cards and MasterCards and 30 days for American Express cards), or will refund your direct deposit to your nominated bank account for the amount paid; and

(c) Lenovo will attempt to notify you as soon as possible about the error and you will have the option of purchasing the Product or Service at the correct price.

4. How does payment work?

You agree to pay the price(s) listed, quoted via telephone or web chat, including any tax(es) and freight charges identified at the time of billing.

The total amount specified in the Order Confirmation issued by Lenovo is the amount payable including any applicable taxes (unless you supply us with tax exemption documentation). You are responsible for additional taxes, if any, for each Product from the date Lenovo ships or provides it to you, or when the Service is provided.

Payment by credit card

If you are paying by a credit card, Lenovo will request your credit card issuer an authorisation to reserve the full Order amount on your credit card. Lenovo may contact you, by telephone or email if your credit card issuer is unable to authorise your purchase.  For more information, you may contact Lenovo Credit Card team at 1800 798 320 (Monday to Friday, 12pm to 8pm AEST).

The payment transaction will only be processed when we have shipped your ordered item(s), the software Product has been made available to you, or the Service has been provided to you. If you have ordered multiple items, you may see multiple charges on your credit card statement if the items in your Order have been shipped at different times.

Please note that a credit card with expiry date of the current month cannot be accepted. Please use another credit card with at least 2 months validity or select direct deposit as payment method.

Lenovo is not responsible for any foreign transaction fees charged by your credit card issuer if you are using an international credit card.

Invoices will be posted to you when your ordered item(s) have shipped, the software Product has been made available to you, or the Service has been provided to you.

Payment by direct deposit

Payment by direct deposit is due when we send you an email or notice acknowledging that we have received your order. If direct deposit is not made within 5 Business Days from the date of your order (or 10 Business Days if paying by cheque), we reserve the right to cancel your order. Remittance advice must be emailed to us at janzpayment@lenovo.com. Please quote your Lenovo order number as reference in your payment deposit.

Lenovo account details:

BSB:242-000
Bank name: Citibank Australia
Account name: Lenovo (Australia & New Zealand) Pty Ltd. 
Account number: 230156018

Payment by Lenovo Financial Services Commercial Rental

Shop Lenovo Online and select "Lenovo Financial Services Commercial Rental" from Checkout 2. Include your Lenovo order number when submitting your online application form. Lenovo Financial Services partner, BOQ Finance will confirm the outcome of your application in 1 business day*.

For more information, visit Lenovo Financial Services Commercial Rental.

*Monday to Friday excluding Public and Bank Holidays, 8:30am to 5:00pm AEST - Processing times may vary depending on a range of factors.

5. Shipment and delivery

Freight charges are the responsibility of the customer. Lenovo will provide freight charges at the time your Order is placed. Lenovo cannot deliver to a PO Box, Australian Forces Post Office, Private Mail Box or Locked Bag as all deliveries require a signature.

Lenovo will normally assemble and ship your Order within 8-10 Business Days from the time of your Order.

For delivery times, please allow approximately 5 Business Days after shipment to major metropolitan areas (Adelaide, Brisbane, Canberra, Darwin, Melbourne and Sydney), or up to 7 Business Days after shipment to other interstate address. Items may or may not ship together.

The inventory status may change before we can ship your Order. If we are no longer able to offer you the Product you ordered, we will contact you by phone or email and you will have the option to cancel your Order. At our discretion, we may offer you alternative Products.

If we are unable to deliver your ordered item(s) within 30 days of order date, you have the option to cancel your Order.

6. Return Policy

If you are not happy with your purchase, you can return it for full refund, based on your payment method, provided that (a) the Product(s) are undamaged, and (b) within 14 days of the Product being delivered to you, you contact Lenovo Return Centre (LRC) on 1300 557 073 (option 2).

LRC will send instructions by email to you and will arrange with our courier to collect the returns from you. You must include all of the Products, documentation and accessories intact and in their original packaging along with shipping label and packaging slip. The courier must be able to collect the returns from you within 5 days of the date you initiated the return.

Lenovo's return policy excludes Lenovo Services and third party (non Lenovo branded) Products, including software, in which case you need to contact the third party directly.

If you placed the order using a credit card the refund will be credited to the same card. If you paid by direct transfer or cheque, the refund amount will be credited to your nominated bank account.

7. Cancellation and Variation before Delivery

Orders for Products that are listed as "Available" cannot be cancelled or amended after the Order is placed. We encourage you to review your Order carefully.

You may still return the products for full refund, provided you contact Lenovo Return Centre (LRC) on 1300 557 073 (option 2), within 14 days of the product being delivered to you.

8. Lenovo Errors

If Lenovo makes an error by delivering the incorrect Product and/or quantity to you Lenovo will provide you with the correct Product and/or quantity and pick up the incorrect Product at no cost to you.

Please contact Lenovo Post Sales on 1300 557 073 (option 2).

9. Damaged on Arrival Policy

If on delivery to you the Product packaging has obvious damage or upon opening the packaging a Product is found to have sustained physical damage, Lenovo will provide you with a replacement Product at no cost to you.

Please contact Lenovo Post Sales on 1300 557 073 (option 2).

10.Dead on Arrival (DoA) Policy

If a Product shows symptoms of a hardware failure, preventing basic operability, within 14 days of delivery, that Product is considered DoA and Lenovo will replace the Product.  Lenovo will arrange and pay for a courier to collect the original Product from you.

For any DoA claim, you must contact Lenovo Tech Support within 14 days of delivery and provide the proof of purchase. Please contact Lenovo Tech Support on 1800 041 267

If Lenovo reasonably determines after inspecting the Product that you have misrepresented a returned Product's condition and that the Product was not DOA, Lenovo reserves the right to charge you the cost of collecting the Product from and returning it to you plus any costs of inspecting the Product.

11. Lenovo Warranties

Certain State and Commonwealth legislation, including the Competition and Consumer Act 2010 (Cth), provide consumer guarantees which cannot be excluded, restricted or modified except to a limited extent.  Lenovo's Terms and Conditions do not purport to exclude any such statutory rights available to you and must in all cases be read subject to those statutory provisions.

Apart from the statutory consumer guarantees, Lenovo hardware Products are expressly warranted under the Lenovo Limited Warranty accompanying each Lenovo hardware Product.

Lenovo may provide an express warranty for Lenovo software if specified in the applicable software license agreement.

Third party manufacturers, suppliers, service providers or publishers may provide their own express warranties to you.

12. Title and Risk of Loss

Lenovo transfers title to a hardware Product to you when Lenovo ships the hardware Product. However, Lenovo retains title in the hardware Product until Lenovo receives all amounts due. Lenovo does not transfer title to software Products.

Lenovo bears the risk of loss for the Product until it is delivered to the location you specified in the Order. Thereafter, you assume the risk.

13. General

Lenovo may change components or parts of a hardware Product without notice due to the availability of such components or parts, provided that the replacement components or parts provide equal or better performance. Such changes will be at no additional cost to you, and will not affect the hardware Product Lenovo Limited Warranty.

You warrant that any purchase made by you from us is not for the purpose of commercial resale.

Both of us agree that under these Terms and Conditions, all information exchanged is non-confidential. If either of us requires the exchange of confidential information, it will be made under a signed confidentiality agreement.

Lenovo and our related companies will process, store and use information about your transaction and your contact information, including name, phone numbers, address, and e-mail addresses, to process and fulfill your transaction. Lenovo will not be able to perform our Services if you refuse to provide your information or do not wish us to transfer your information to our agent or contractor. You have the right to access your personal contact information and request correction of any errors in it pursuant to the Privacy Act 1988 by contacting Lenovo. We may also contact you to notify you about any Product recall, safety issue or service actions. Where permissible under Australian law, we may use this information to inquire about your satisfaction with our Products or Services or if you have given us consent, provide you with information about other Products and Services; if we do so, you may at any time decline to receive any further such communications from us. In accomplishing these purposes, we may transfer your information to any country where we do business, we may provide it to entities acting on our behalf, or we may disclose it where required by law. We will not, however, sell or otherwise transfer the personally identifiable information you provide to any third parties for their own direct marketing use unless we provide clear notice to you and obtain your explicit consent for your data to be shared in this manner.

Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.

Subject to law and these Terms, neither Lenovo (including its officers, employees or contractors) nor Lenovo's agents, subcontractors, suppliers or software product developers is liable for any of the following even if informed of their possibility or not and whether arising from contract, tort, (including negligence) or otherwise:

(a) third-party claims for damages;

(b) loss of, or damage to, data;

(c) special, incidental, or indirect damages or for any economic consequential damages of any kind; and

(d) lost profits, business, revenue, goodwill or anticipated savings.

Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you.

If a third party claims that a Lenovo branded Product Lenovo provides under this Agreement infringes that party's patent or copyright, Lenovo will defend you against that claim at its expense and pay all costs, damages, and attorney's fees that a court finally awards, provided that you: 1) promptly notify Lenovo in writing of the claim; and 2) allow Lenovo to control, and cooperate with Lenovo in, the defence and any related settlement negotiations. If such a claim is made or appears likely to be made, you agree to permit Lenovo to enable you to continue to use the Product, or to modify it, or replace it with one that is at least functionally equivalent. If Lenovo determines that none of these alternatives is reasonably available, you agree to return the Product to Lenovo on its written request. Lenovo will then give you a credit equal to the amount you paid for the Product. Lenovo has no obligation regarding any claim based upon:

(a) anything you provide which is incorporated into, or combined with a Product;

(b) your modification of a Product; or

(c) Lenovo's compliance with your specifications or requirements.

These Terms and Conditions are governed under the laws of New South Wales, Australia and you submit to the New South Wales courts having jurisdiction to settle any dispute arising out of or in connection with these Terms and Conditions.

Lenovo will not be liable for any loss or damage suffered or incurred by you if we delay in fulfilling or fail to fulfil as they are caused by any circumstance beyond our reasonable control.

Lenovo reserves the right to amend, vary and/or replace these Terms and Conditions at any time, and from time to time, at Lenovo's sole discretion.

Any provision of these Terms and Conditions which is held to be illegal, void or unenforceable shall be deemed to be severed and the remainder of these Terms and Conditions read in full force and effect.

14. Definitions

"Business Days" means a day which is not a Saturday, Sunday or public holiday in New South Wales or in China.

"Product" means the Lenovo service parts provided to you under this Agreement; service parts are parts that may be used to replace the same or similar part in a Lenovo computer, and can be either hardware or software.

"Service" is the performance of a task, provision of advice, assistance, or access to a resource (such as access to an information data base) Lenovo makes available to you.

"Invoice" is the invoice issued by Lenovo and mailed to you after shipment of your ordered item(s) showing their price and any applicable taxes at the time of billing, and is your proof of purchase.

"Order" is the order placed by you in accordance to these Terms and Conditions.

"Order Confirmation" is the order confirmation issued by Lenovo and emailed to you after we have received your Order.