Terms and Conditions
We update our terms and conditions on a regular basis, so please make sure you check these before proceeding with a purchase.
Any order accepted by Serverworks (Fiji) PTE Limited shall be deemed to incorporate these Terms and Conditions of Sale. No variation or modification of, or substitution for these Terms and Conditions of Sale (even if included in, or referred to in, the document placing the order) shall be binding on the Company, unless previously and specifically accepted by the Company in writing.
2. Sales Orders
All sales orders submitted by the Customers are subject to the Company’s confirmation.
Unless otherwise agreed in writing by the Company, the Company reserves the right to vary the price stated for the Goods in order to take account of any increase in shipping costs, product costs or cost of materials, services or exchange rate fluctuations until the sale process is complete. The Company will notify the Customer of any such changes. All prices listed exclude sales tax unless otherwise stated and subject to change without notice. The Company reserves the right to accept or reject any Purchase Order, whether written or verbal, at its discretion.
Terms of payment are prior to delivery. Payment may be made by Cheque or Direct Credit. Credit terms may be offered to an approved Customer when a satisfactory trading history has been established. The Customer warrants that as far as it is aware, it or any of its owners are not insolvent. The Customer acknowledges that the Company may in its absolute discretion, approve or refuse to extend any credit to the Customer. In the event of an account not being paid by the due date the Customer will pay to the Company all debt collection agency costs and legal fees (on a solicitor and client basis) incurred by the Company in obtaining payment of the amount from the Customer. In addition, interest is payable on such debt collection agency costs and legal fees at the cumulative rate of 1.5% per month calculated monthly from the date on which they are paid by the Company until payment of the same by the Customer to the Company.
5. Cancellation of Order
Once an order has been accepted and invoiced by the Company it may not be cancelled for any cause whatsoever without the Company’s consent in writing. Where such cancellation is agreed, the Customer will cover all costs in returning the Goods to the Company and ensure that the Goods are insured in transit and returned to the companies premises in original unmarked packaging including all original documentation and accessories. Such an order cancelled by the Customer will incur a re-stocking fee of fifteen percent (15%) of the invoiced value of the Goods.
Upon a Customer placing a special order or an indent order of Goods that are of a special nature or quantity, the Customer will be deemed to have invited the Company to allocate or order Goods or production time for its fulfilment and to have agreed that the Customer’s order will be irrevocable pending acceptance or rejection by the Company within a reasonable time.
Before returning any Goods, an RMA (Return Merchandise Authorization) number must be requested and issued. Goods will not be accepted, credited or replaced without the RMA number stated on the returned Goods. Consumable items are not eligible for credit or return unless otherwise agreed by the Company in writing. Unauthorized returns will not be shipped back to sender except at their expense (a handling fee may also apply). The Customer may return authorized items using the shipping method of its choice and are responsible for the return shipping charges. The Company recommends that the Customer insures the return shipment as the Company cannot be responsible for damaged or lost shipments. Used or otherwise altered items not in new condition are not eligible for credit. All returns must be received within 14 days of the invoice date or a credit cannot be issued. Upon receipt of your returned items, the Company will inspect them, return them to inventory if in new unused condition and issue the Customer with the credit according to the conditions of Cancellation of Order. All software purchased are non-returnable.
The risk in any Goods supplied by the Company to a Customer shall pass to the Customer when such Goods are delivered to the Customer or into custody on the Customer’s behalf. Until the Customer has discharged all outstanding indebtedness to the Company in respect of all Goods, the Company retains ownership in all Goods delivered to the Customer or into custody on the Customer’s behalf (Retained Goods).
Products may carry a Manufacturer specific, return to base, parts and labour warranty unless otherwise stated. Damage caused by misuse or abuse, electrical damage due to power fluctuations such as surges or spikes, incompatible consumables or software, are not covered under warranty. Consumables or incorrect operation of any product according to the manufacturer’s recommendations, are not covered under warranty. Proof of Purchase is to be supplied with all warranty claims. Where an extended warranty is taken on a product, unless otherwise stated in writing, the scope of that warranty will be as per the standard warranty for the extended period taken. An extended warranty may only be taken on new products and cannot be taken retrospectively. Any payment for extended warranty must be made at the time of the original product purchase.
To the maximum extent permitted by law, the Company shall not be liable for any damages or loss of any kind arising from the failure of Goods to function or operate satisfactorily, nor for any direct or indirect, incidental, special, or consequential damage or loss to property or person whatsoever. The Company accepts no responsibility or liability for incorrect placement of orders, including via the web. Any representation, warranty, condition or undertaking that would be implied in these Terms and Conditions of Sale by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. Nothing in these Terms and Conditions of Sale excludes, restricts or modifies any condition, warranty, right or remedy that cannot be excluded, restricted or modified. The Company’s liability for any other liability that has not been excluded, or breach of a condition or warranty that cannot be excluded, is limited, at the Company’s option, to re-supplying or paying the cost of re-supplying services and repairing, replacing or paying the cost of repairing or replacing Goods. The Company’s liability will exclude any indirect, incidental, special or consequential damages or loss, including loss of revenue, profits, savings or data. It does not matter whether the damage or loss was foreseeable, arose from negligence, and even if warning was given of its possibility.
The Customer will indemnify the Company against any claims by a third party (including merchants), damage, loss, liability or expense (including lawyers’ fees on an indemnity basis) that the Company may incur; (i) with respect to any negligent act or omission by, or willful misconduct of the Customer’s employees, agents, contractors, consultants or representatives; or (ii) as a result of; (a) any warranty condition, representation, indemnity or guarantee granted by the Customer or provided by law in addition to or in lieu of the limited warranties specified in the Warranty clause; (b) any omission or inaccuracy in the Customer’s marketing and promotional materials that relate to the products; (c) any modification of or addition to the product not provided or approved by the Company; or (d) the Customer’s failure to comply with these Terms and Conditions of Sale. This clause will not be construed to limit or exclude any other claims or remedies which the Company may assert under these Terms and Conditions of Sale.