Terms & Conditions

1. INTERPRETATION

1.1 In these Terms and Conditions:

Contract of Sale means any sales contract entered into between the Customer and Enbyte in respect of Goods.

Customer means the entity that is the purchaser of the Goods.

OrangeByte means OrangeByte Pty Ltd (ACN 107 484 293).

Goods means any goods supplied to the Customer pursuant to a Contract of Sale.

Order means an order for Goods placed on the Website by the Customer.

Returns Policy means the policy attached hereto pursuant to which OrangeByte agrees to return, credit or refund the price of Goods purchased by a Customer.

Terms and Conditions means these Terms and Conditions and the Returns Policy.

Total Price has the meaning given to it by clause 7.1.

Website means the Internet store operated by OrangeByte located at www.orangebyte.com.au.

1.2 Unless the contrary intention appears, a reference to the singular includes the plural and vice versa.

1.3 Headings used in these Terms and Conditions are for convenience only and do not affect interpretation.

1.4 References to writing include any mode of representing or reproducing words in tangible and permanently visible form and includes telex, facsimile and electronic mail transmissions.

2. CUSTOMER BOUND BY TERMS AND CONDITIONS

2.1 The Customer acknowledges and accepts it is bound by the Terms and Conditions by:

(a) clicking the I Agree button at the end of this page; and

(b) placing an Order.

2.2 All Goods are supplied on these Terms and Conditions only which supersede all prior representations, understandings, arrangements and agreements.

3. DELIVERY

Delivery times advised to Customers are estimates only. OrangeByte has no control over the delivery of the Goods and, therefore, accepts no responsibility for any loss, damage or delay suffered by the Customer arising out of or in connection with late delivery or non-delivery of the Goods.

4. RISK

The Goods shall be at the Customers risk upon delivery of the Goods:

(a) to the Customer; or

(b) to the Customers agent; or

(c) into the Customers custody or control.

5. TITLE

5.1 The Goods shall remain the sole and absolute property of OrangeByte as legal and equitable owner and the Customer shall hold such Goods as bailee only until such time as the Customer shall have paid the Total Price.

5.2 The Customer shall be liable to OrangeByte in respect of any loss or damage to the Goods which could have been avoided by the exercise of reasonable care during the bailment referred to in clause 5.1.

6. REFUND, REPLACEMENT OR CREDIT FOR GOODS

OrangeByte will offer a refund, replacement or credit for Goods in accordance with the terms of Returns Policy. This is in addition to any rights the Customer may have at common law, equity and statute.

7. PAYMENT

7.1 The total price of the Goods (Total Price) payable by the Customer shall consist of the sum of:

(a) the price of the Goods; and

(b) the delivery and handling fee,

as specified on the Website at the time the Order was placed.

7.2 The Customer shall pay the Total Price without any deduction in respect of any claimed set-off or counterclaim (including any such set-off or counterclaim on account of any delay on the part of OrangeByte in delivering any part of the Goods).

7.3 The Customers payment of the Total Price must be cleared before the Goods are dispatched.

7.4 If the Customer fails to pay the Total Price in accordance with this clause, OrangeByte shall be entitled, in addition to its rights at common law, equity, and statute:

(a) to charge and recover costs incurred for the collection of payment (including but not limited to collection agency fees and legal costs), cheque dishonour fees, interest at the current bank overdraft rate plus two per cent per annum from the due date for payment until payment is made in full;

(b) to immediately and without notice retake possession of the Goods (and for such purpose the Customer irrevocably licences OrangeByte, its employees, contractors, servants or agents to enter upon the premises at which the Goods are located to so retake possession) and resell the Goods after fourteen (14) days written notice to the Customer and thereafter recover from the Customer any amount by which the resale price is less than the price agreed to be paid by the Customer, together with all costs and expenses suffered or incurred by OrangeByte as a result of the Customers failure to pay;

(c) to charge a restocking fee of 10% of the Total Price.

8. CANCELLATION BY CUSTOMER

8.1 For the purposes of this clause, acceptance occurs upon OrangeByte placing an order for delivery of the Goods to the Customer.

8.2 The Customer is entitled to cancel any Order prior to acceptance by giving notice in writing to OrangeByte prior to OrangeByte placing the order for delivery of the Goods to the Customer. All such cancellations must be notified to the e-mail address: sales@orangebyte.com.au

8.3 Unless otherwise agreed in writing by an authorised officer of OrangeByte, the Customer is not entitled to cancel any Order accepted by OrangeByte.

9. ERRORS AND OMISSIONS

9.1 Whilst OrangeByte makes every effort to ensure the accuracy of all prices, descriptions and pictures presented on the Website, it makes no representations as to the accuracy or suitability of this information.

9.2 If Goods are misdescribed, out of stock, or if Goods are listed at an incorrect price, OrangeByte may refuse or cancel any Orders placed. Where:

(a) the Order has been confirmed and charged to the Customers credit card; and

(b) the Goods have not been shipped,

OrangeByte shall immediately issue a refund and notify the Customer in writing in due course.

If the Goods have been shipped, the Customer may return the Goods pursuant to clause 5 of the Returns Policy.

10. FORCE MAJEURE

10.1 OrangeByte is not liable for its inability to perform, or for any delay in performing, any of its obligations under these Terms and Conditions if that inability or delay is caused by:

(a) an act of God; or

(b) strike; or

(c) fire; or

(d) accident; or

(e) civil disturbance;

(f) lock out;

(g) raw material shortage;

(h) breakdown of plant, transport or equipment;

(i) industrial dispute;

(j) computer virus (including, but not limited to, spyware, trojans, worms); or

(k) any other cause beyond OrangeBytes reasonable control.

10.2 On the occurrence of a force majeure event in accordance with clause 10.1, Orange Byte must give notice thereof to the Customer. If, after receiving such notice, the force majeure event continues for more than sixty (60) days, either party may terminate the relevant Contract of Sale. Neither party shall have any liability to the other in respect of termination in accordance with this clause.

11. WARRANTY

11.1 The benefit of the manufacturers warranty in respect of any Goods will, to the extent permitted by law, pass to the Customer. OrangeByte makes no additional or independent warranty of any kind.

11.2 To the extent permitted by law, OrangeByte does not warrant:

(a) the performance, compatibility, integrity, merchantability and fitness for a particular purpose of any Goods;

(b) that repair facilities or parts will be available in respect of any Goods; and

(c) that the Customer may use, execute or access the Goods without violating the intellectual property rights of others.

12. LIABILITY

12.1 The Customer acknowledges and accepts that, to the extent permitted by law, OrangeByte will be under no liability to the Customer whatsoever, whether:

(a) in contract or tort (including, but not limited to negligence);

(b) for breach of statute; or

(c) pursuant to any other legal or equitable obligation,

in respect of any cause of action or claim for loss or damage, arising out of the delivery, non-delivery, performance or use of the Goods including, but not limited to:

(d) loss of revenue;

(e) loss of profit;

(f) loss of opportunity (including but not limited to business opportunities);

(g) loss of goodwill;

(h) damage to reputation;

(i) loss of or damage to hardware and software; and

(j) loss of or damage to data.

12.2 To the extent that OrangeByte's liability is not excluded or is not able to be excluded under these Terms and Conditions, the total liability OrangeByte may incur in connection with any particular breach of these Terms and Conditions, tort, breach of statute or breach of any other legal or equitable obligation is limited to, in all cases, at Orange Byte's option:

(a) the replacement of the Goods; or

(b) resupply of equivalent Goods; or

(c) repair of the Goods; or

(d) payment of the cost of replacing the Goods or acquiring equivalent Goods; or

(e) payment of the cost of having the Goods repaired.

12.3 OrangeByte's liability pursuant to any cause of action or claim for loss or damage arising out of or in connection with the Goods will be reduced proportionately to the extent that:

(a) such loss or damage has been caused by the other partys failure to comply with its obligations and responsibilities under these Terms and Conditions; and

(b) the negligence of the other party has contributed to such loss or damage, regardless of whether a claim is made by the other party for breach of contract or for negligence.

13. GOODS AND SERVICES TAX

13.1 For the purposes of this clause, the following shall apply:

GST has the meaning given in Section 195-1 of the GST Act;

GST Act means A New Tax System (Goods and Services Tax) Act 1999 and any legislation substituting or amending that Act;

Tax Invoice has the meaning given in Section 195-1 of the GST Act;

Taxable Supply has the meaning given in Section 195-1 of the GST Act.

13.2 The parties agree that all Taxable Supplies to be made pursuant to these Terms & Conditions are inclusive of GST. The party supplying the Taxable Supply shall provide a Tax Invoice and the recipient shall pay all GST on the Taxable Supply.

14. JURISDICTION

All Contracts of Sale are deemed to incorporate these Terms and Conditions which are subject to the laws, applicable from time to time, in Western Australia, Australia.

15. SEVERANCE

If any section or portion of a section of these Terms and Conditions is deemed to be unlawful or unenforceable, that section or portion shall no longer form part of these Terms and Conditions and the remaining terms shall continue unaffected.

16. ASSIGNMENT

The Customer is not permitted, without OrangeByte's consent which is not to be unreasonably withheld, to assign any of its rights or obligations under these Terms and Conditions.

17. VARIATION

OrangeByte's may amend these Terms and Conditions at any time by posting amended Terms and Conditions on the Website. The Terms and Conditions applicable to a certain Order are those Terms and Conditions in force at the time the Customer placed the relevant Order. By continuing to place Orders, the Customer is deemed to have accepted the amended terms.

18. EXCLUSION OF SALE OF GOODS LEGISLATION

Any warranties, guarantees, terms or conditions implied by the common law or the Sale of Goods Act 1895 (WA) are hereby expressly excluded.

ORANGEBYTE PTY LTD
WEBSITE RETURNS POLICY

OVERVIEW OF RETURNS POLICY

Goods that are returnable under this policy include those that:

(a) are dead on arrival;

(b) are faulty or develop a fault;

(c) are damaged in transit;

(d) do not match those Goods ordered.

1. INTERPRETATION

Contract of Sale means any sales contract entered into between the Customer and OrangeByte in respect of Goods.

Customer means the entity that is the purchaser of the Goods.

OrangeByte means OrangeByte Pty Ltd (ACN 107 484 293).

Goods means any goods supplied to the Customer pursuant to a Contract of Sale.

Returns Policy means this policy pursuant to which OrangeByte agrees to return, credit or refund the price Goods purchased by a Customer.

Terms and Conditions means the Terms and Conditions attaching, and forming part of, this Returns Policy.

Total Price has the meaning given to it by clause 7.1 of the Terms & Conditions.

Website means the Internet store operated by OrangeByte located at www.orangebyte.com.au.

2. GOODS DEAD ON ARRIVAL

If the Customer takes delivery of Goods from Enbyte that are not in working condition, the Customer must notify OrangeByte, in accordance with clause 6 of the Returns Policy, within 21 days of taking delivery of such Goods.

Upon receipt of such notice, OrangeByte will arrange for the Goods to be collected or otherwise arrange for their return as soon as reasonably practicable.

If OrangeByte, or its agent, determine in their reasonable opinion that the Goods are in full working condition:

(a) the Goods will be returned to the Customer; and

(b) the Customer will be liable to pay OrangeByte a processing fee of 10% of the Total Price of the returned Goods together with freight costs associated with their return.

If OrangeByte, or its agent, determine in their reasonable opinion that the Goods are not in working condition, OrangeByte will offer:

(a) a refund for the Total Price of the returned Goods; or

(b) a credit for the Total Price of the returned Goods; or

(c) to replace the returned Goods.

3. GOODS FAULTY OR DEVELOPING A FAULT

If the Customer takes delivery of Goods from Enbyte that are faulty or develop a fault, the Customer must notify OrangeByte, in accordance with clause 6 of the Returns Policy, within 21 days of taking delivery of such Goods.

Upon receiving such notice, OrangeByte will arrange for the Goods to be collected or otherwise arrange for their return as soon as reasonably practicable.

If OrangeByte, or its agent, determine in their reasonable opinion that the Goods are faulty by reason of neglect, abuse, improper use or wear and tear:

(a) the Goods will be returned to the Customer; and

(b) the Customer will be liable to pay OrangeByte a processing fee of 10% of the Total Price of the returned Goods together with freight costs associated with their return.

If OrangeByte, or its agent, determine in their reasonable opinion that the Goods are faulty for no reason attributable to the Customer, OrangeByte will offer:

(a) a refund for the Total Price of the returned Goods; or

(b) a credit for the Total Price of the returned Goods; or

(c) to replace the returned Goods.

The Customer may nevertheless be entitled to a refund where the fault is covered by the terms of a manufacturers warranty. The policy and procedure for the repair and return of Goods covered by such a warranty are governed by the terms of that warranty.

4. GOODS APPEARING TO BE DAMAGED IN TRANSIT

If the Customer takes delivery of Goods from OrangeByte that have been damaged in transit, the Customer must notify OrangeByte, in accordance with clause 6 of the Returns Policy, within 21 days of taking delivery of such Goods.

Upon receiving such notice, OrangeByte will arrange for the Goods to be collected or otherwise arrange for their return as soon as reasonably practicable.

If OrangeByte, or its agent, determine in their reasonable opinion that:

(a) the Goods have been damaged in transit; and

(b) the damage was not caused by circumstances occurring after the Customer accepted delivery, then

OrangeByte will offer:

(c) a refund for the Total Price of the returned Goods; or

(d) a credit for the Total Price of the returned Goods; or

(e) to replace the returned Goods.

If OrangeByte, or its agent, determine in their reasonable opinion that the Goods were damaged owing to circumstances occurring after the Customer accepted delivery:

(a) the Customer must arrange for the return of the Goods; and

(b) the Customer will be liable to pay OrangeByte a processing fee of 10% of the Total Price of the returned Goods together with freight costs associated with their return.

5. GOODS DELIVERED DO NOT MATCH GOODS ORDERED

If the Customer takes delivery of Goods from OrangeByte that do not correspond with those the subject of the Order, the Customer must notify OrangeByte, in accordance with clause 6 of the Returns Policy, within 21 days of taking delivery of such Goods.

Upon receiving such notice, OrangeByte will arrange for the Goods to be collected or otherwise arrange for their return as soon as reasonably practicable.

If OrangeByte, or its agent, determine in their reasonable opinion that the Goods delivered do not correspond with those the subject of the Order, OrangeByte will offer the Customer a refund or credit for the Total Price of the returned Goods.

If OrangeByte, or its agent, determine that the Goods delivered are, in fact, those the subject to the Order:

(a) the Goods will be returned to the Customer; and

(b) the Customer will be liable to pay OrangeByte a processing fee of 10% of the Total Price of the returned Goods together with freight costs associated with their return.

6. RETURNS PROCEDURE

The Customer is responsible for ensuring that all Goods that are to be returned are packed appropriately in order to prevent damage during shipping.

Prior to returning any Goods pursuant to the Returns Policy, the Customer must provide OrangeByte with the following information:

(a) the Customers name and contact phone number;

(b) the order number;

(c) the date appearing on the packing slip or invoice;

(d) the reason for return.

After OrangeByte has received this information, the Customer will be provided with a Return Authorisation Number. OrangeByte will only accept Goods for return in respect of which a Return Authorisation Number has been issued.

A Return Authorisation Number must be obtained for each individual Good the Customer seeks to return and is valid for fourteen (14) days from the date of issue.

Upon receiving a Return Authorisation Number in respect of the Goods that are to be returned, the Customer must use its best endeavours to ensure the Goods are returned to OrangeByte, or its agent, prior to the expiry of the Return Authorisation Number.

The Return Authorisation Number must appear clearly visible on the shipping label.

OrangeByte, or its agent, are entitled to refuse for return any Goods that:

(a) are incomplete or missing parts; or

(b) are not returned in their original packaging; or

(c) show signs of physical damage to the Goods or their packaging (except where the Goods are returned in accordance with clause 4 of the Returns Policy); or

(d) do not a include a valid Return Authorisation Number on the shipping label; or

(e) have an expired Return Authorisation Number.

7. GOODS SOLD ON A NO RETURNS BASIS

Goods sold on a no returns basis include:

(a) ex-demonstration Goods;

(b) ex-rental Goods;

(c) licensed software;

(d) Goods not available on the Website which have been ordered specifically at the Customers request;

(e) Goods in respect of which the Customer has been made aware, by a notice placed on the Website, are sold on a no returns basis.

Goods sold on a no returns basis will only be accepted for return pursuant to clauses 2, 3, 4 and 5 of the Returns Policy or otherwise pursuant to statute, except that, in all cases, Enbyte will only offer a credit in respect of any such Goods returned.

8. GOODS NOT REFUNDABLE OR RETURNABLE

To the extent permitted by law, OrangeByte will not offer a refund or credit in circumstances where the Customer:

(a) after placing an order, changes their mind or decides that they do not like the Goods or have no use for them; or

(b) discovers it (the Customer) can buy the Goods cheaper elsewhere; or

(c) has a defect drawn to their attention prior to placing an Order; or

(d) damages the Goods by unreasonable or unintended use.