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Lenovo Replacement Parts Sales Terms and Conditions
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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").
1.1) No contract for the purchase of Products or Services will be formed until Lenovo accepts your Order by one of the following shipping the parts Product and sending you a shipment confirmation email
1.2) Confirmation of Lenovo receiving and/or processing your Order does not constitute acceptance by Lenovo of your Order.
1.3) Lenovo will accept your Order only if:
(a) you accept these Terms and Conditions; and
(b) you provide a valid shipping address within Australia (for the avoidance of doubt, we do not ship to PO Boxes or Parcel lockers); and;
(c) you provide a valid method of payment accepted by Lenovo; and
(d) the Product you have ordered is available or will become available within 30 calendar days.
1.4) Lenovo reserves the right, at its sole discretion, to decline to accept, or limit, your Order, and if Lenovo does not accept your Order we will notify you and fully refund any payments made.
2.1) This contract consist of:
(a) your Order;
(b) these Terms and Conditions; and
2.2) Any additional documents or communications are of no effect unless expressly agreed in writing by Lenovo.
3.1) All prices are in Australian dollars and include all applicable taxes and standard delivery charges.
3.2) All promotional prices are final prices and cannot be combined with other existing promotional offers.
3.3) Offers, prices, specifications and availability may change or be withdrawn without notice.
3.4) To the extent permitted by law, Lenovo takes no responsibility for any editorial, photographic or typographic errors, and may correct any errors and change or update information on the Lenovo website without prior notice. If a Product is quoted at an incorrect price due for any reason, Lenovo will notify you as soon as possible about the error and may, at its absolute discretion, cancel your Order and not process payment or refund amounts paid where applicable.
4.1) You agree to pay the price(s) listed or quoted, and all applicable stamp duties or tax(es) and freight charges.
4.2) The total amount specified in the Order Confirmation issued by Lenovo is the amount payable. You are responsible for additional stamp duties or taxes, if any, for each Product from the date Lenovo ships or provides it to you, or when the Service is provided.
4.3) Lenovo accept payment by valid Australian-issued credit cards, direct deposit, PayPal and through Lenovo Financial Services processes. Your credit card will only be charged at or shortly after your Order has been shipped or otherwise been made available to you. The process of payment for non-credit cards will vary between payment methods and from time to time. Lenovo is not liable for any fees incurred by you as a result of your chosen payment method. To inquire as to the payment processes for available methods of payment, please consult Lenovo Post Sales on 1300 557 073 (option 3) (“Lenovo Post Sales”).
4.4) In certain circumstances, Lenovo may require a re-authorisation for your chosen method of payment. However, you will not be charged twice if this occurs.
5.1) Freight charges associated with non-standard shipping are the responsibility of the customer. Lenovo will provide such freight charges at the time your Order is placed.
5.2) All deliveries requires a signature.
5.3) Lenovo will, depending on availability, normally assemble and ship your Order within 6-10 Business Days from the time of your Order. In some circumstances, your Order may ship later, but we aim to ship your order within 30 calendar days.
5.4) When you place an Order, you will receive an estimated Order ship date. This will be posted in posted on Lenovo Order Status after your order is placed. Your actual Order ship date may vary due to inventory status.
5.5) Delivery time is estimated at 1 week after shipment to most major metropolitan areas, and 2 weeks after shipment to other areas. Items may or may not ship together and you may receive separate invoices if items not shipped together.
5.6) You may cancel your Order if it is not delivered within 60 calendar days.
Nothing in these terms and conditions limits your rights under law. For example, there may be circumstances where you may be granted a right to return the Products you have purchased, including for any failure of the consumer guarantees under the Australian Consumer Law. For the avoidance of doubt, change of mind returns are not permitted.
7.1) Unless otherwise provided, Orders cannot be cancelled or amended after the Order is placed. Please review your Order carefully.
8.1) 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 will arrange return or collection of the incorrect Product with you at no cost to you. Please contact Lenovo Post Sales.
9.1) 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 will arrange return or collection of the damaged Product with you at no cost to you. Please contact Lenovo Post Sales.
10.1) If a Product shows symptoms of a hardware failure, preventing basic operation, within 14 calendar days of delivery, that Product is considered DoA and Lenovo will replace the Product and arrange return or collection of the affected Product with you at no cost to you.
10.2) For any DoA claim, you must contact Lenovo Technical Support on 1800 041 267 within 14 calendar days of delivery and provide the proof of purchase.
10.3) If Lenovo reasonably determines after inspection 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.
11.1) Nothing in these Terms and Conditions excludes or limits any statutory rights available to you under State and Commonwealth legislation, including the Competition and Consumer Act 2010 (Cth) which cannot be excluded, restricted or modified by contract, and must in all cases be read subject to those statutory provisions.
11.2) In addition to the statutory rights referred to above, Lenovo hardware Products are expressly warranted under the Lenovo Limited Warranty accompanying each Lenovo hardware Product.
11.3) To the extent permitted by law, Lenovo makes no representation or warranty regarding third party products or services. Those third parties may provide their own representations or warranties regarding their products or services
11.4) Additional warranties for Products may be provided by Lenovo where expressly specified.
12.1) When you order hardware Products, Lenovo transfers title to you upon delivery to the Lenovo-designated carrier. Hardware Products are owned by Lenovo until title has been transferred to you. Lenovo does not transfer title to software Products.
12.2) Your right to possession of hardware Products will cease if you have not yet fully paid for the hardware Products and: 1) your actions entitle any person to appoint a receiver or administrative receiver of Customer’s property; 2) you become subject to any form of insolvency proceedings (or Lenovo has reason to believe any of the preceding events is likely to occur); 3) you fail to make payments hereunder when due; or 4) this contract is terminated. Lenovo may then, in addition to any other remedies available to it, enter any premises to recover unpaid hardware Products and requires you not to resell or part with possession of hardware Products until you have paid Lenovo, in full, all sums due to it.
12.3) You will pass title to any returned hardware Products to Lenovo free from all encumbrances.
12.4) For each hardware Product, Lenovo bears the risk of loss or damage up to the time it is delivered to the Lenovo-designated carrier for shipment to you. Thereafter, you assume the risk. Each hardware Product will be covered by insurance, arranged and provided by Lenovo for you, covering the period until it is delivered to you.
13.1) Lenovo may change components or parts of a 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.
13.2) All information exchanged under these Terms and Conditions is non-confidential. If either of us requires the exchange of confidential information, it will be made under a signed confidentiality agreement.
13.4) To the extent permitted by law and subject to 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.
13.5) 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.
13.6) 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.
13.7) Lenovo will not be liable for any loss or damage suffered or incurred by you if we delay in fulfilling or fail to fulfil caused by any circumstance beyond our reasonable control.
13.8) Lenovo reserves the right to amend, vary and/or replace these Terms and Conditions from time to time at Lenovo's sole discretion.
13.9) 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.
"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.
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