Definitions:
Top Marks IT, This is the dealer in which you are purchasing from Top Marks IT ABN 94514366409.

Customer, This is the person or company in which is purchasing a product or service from Top Marks IT.

By purchasing from Top Marks IT, you are acknowledging that you have read, understood, and agree to be bound by our terms and conditions as set out below.

Privacy Policy:
All information submitted to us is private and confidential and not shared with any third party. Unless we’re presented with a court order, your information will not be released or sold to any other person.

Payment Methods:
Top Marks IT accepts Direct Deposit, Visa, MasterCard and Cheque (Corporate credit accounts & Trade accounts Clients only, 100pts of ID required) to pay for goods or services. All credit card orders are subject to verification and approval. Credit cards are not charged until the order has been processed and is ready to ship unless the order is not a stocked item (special order). Orders paid for by Direct Deposit will not be processed or shipped until the funds transfer has been fully verified.

Pricing Policy:
Prices are set at the time of purchase and are subject to change without any notice. We reserve the right to not honor typographical errors on prices.

Acceptance of orders:
Top Marks IT reserves the right to refuse or cancel an order at any time, for any reason. In addition, an automated electronic order confirmation does not indicate acceptance of an order.

Limitation of Liability:
All products sold are to be used at your own risk. Under no circumstances is Top Marks IT liable for the following:

(1) Third party claims against you for damages,

(2) Loss of, or damage to your records, data, or any type of hardware/equipment,

(3) Economic consequential damages (including lost profits, lost data, or lost savings), or incidental damages even if we are aware of the possibility.

(4) Any consequential damages. Consequential damages is defined as any damage which is a consequence of using this product or our website (data loss; hardware loss; or economic losses like profit loss, customer loss, or time loss).

Top Marks IT liability is limited to the cost of the product purchased from us. All of the products that we sell are to be used at your own risk and we are in no way liable for any loss, damage or injuries suffered from poor installation or use.

Once shipped, goods become the responsibility of the customer which then has consumer rights to the goods being delivered by the carrier.

Warranty:
All products purchased from Top Marks IT come with a 12 month warranty against manufacturer defects starting from the receipt or invoice date, and the warranty only applies to the original purchaser. Consumables (ink, paper, or optical disks) are exempt from this warranty and can only be returned if a defect is found.

  • Any warranty claims for guarantees made by the manufacturer must be claimed directly with the manufacturer.
  • For some items, including printers, scanners, monitors and notebook computers, Top Marks IT strongly recommends customers contact the manufacturer directly for warranty claims as this will result in the most efficient service.
  • Top Marks IT reserves the right to withdraw warranty in cases where the manufacturer does not regard the presented issue as a fault.
  • Top Marks IT only guarantees the replacement of LCDs for dead pixels reasons if returned within 7 days including all packaging and accessories.
  • Some systems and/or parts may be returned at Top Marks IT descretion within 7 days of date of invoice for store credit only.  Goods are required to be in excellent condition with all original packaging and contents.  Media and blister packs must have original packaging intact.
  • Warranty does not cover virus infection, software related faults, damage or misuse.
  • Top Marks IT takes no responsibility for any data or software loss and/or damages arising from the use of our goods or services.
  • Title and property of goods remain with Top Marks IT until full payment is received and cleared.

Our warranty does not apply to any item that has been modified, overclocked, abused, or mis-used. Products are not warranted as to compatibility with your current components in regards to use, fit, or utility. The consumer is responsible for making sure that the parts ordered from Top Marks IT will be compatible with their system (e.g correct heatsink for your CPU).

The customer is solely responsible for shipping any returned product back to Top Marks IT in the same way it was delivered to them. Customers must ship the item back to Top Marks IT using a reputable carrier that is capable of providing proof of delivery and insurance for the entire value of the shipment. The customer bears all cost of shipping charges and all risk of loss in transit to Top Marks IT.

Please include your original invoice number and contact details, a description of the problem, and any other information you think might be related.

Adequately pack the product for shipment to us. Do not ship the product back to us using only the original retail box the product came in. We will reject any package sent to us like that. Pack it well – any damage caused to the product due to poor packaging or shipping choice is your responsibility and we will not replace or repair the product under warranty. In cases of returns for refunds/credits you must include a copy of the original receipt.

The Australian Consumer Law (ACL) protects consumers by giving them certain guaranteed rights when they buy goods and services. For example, the Law requires that goods must be free of defects, and do what they are meant to do. Services must be carried out with care and skill. These rights, which the Law says automatically apply whenever goods or services are supplied to a consumer, are called ‘Consumer Guarantees’. Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and failure does not amount to a major failure. Consumer Guarantees have no set time limit – depending on the price and quality of goods, consumers may be entitled to a remedy after any manufacturers’ warranty has expired.

Returns:
Customers can return non-defective products for a full refund, provided the item is back at Top Marks IT within 3 days. This is conditional on that the product is returned in “as new” condition, in it’s original undamaged packaging, and unopened if sealed by the manufacturer. Shipping charges are not refundable. Refund amounts will be based on the currently listed price on our website, or the invoice – whichever is lower. Special order items, will only be refunded after the manufacturer or distributor has approved the item for return.

The customer is solely responsible for shipping any returned product back to Top Marks IT. Customers must ship the item back to Top Marks IT using a reputable carrier that is capable of providing proof of delivery and insurance for the entire value of the shipment. The customer bears all cost of shipping charges and all risk of loss in transit to Top Marks IT. The customer agrees that the returned product will be 100% complete, in re-saleable condition, and will be complete with original packaging, manuals, etc. If any of the listed requirements are not fulfilled, Top Marks IT reserves the right to reject the refund.

Shortages:
Please inspect the contents of your shipment carefully upon your receipt of it. You have fourteen (14) days after confirmed delivery to report any shortages in the shipment. We will not accept any responsibility, or offer any options after those fourteen days have passed.

Damage in transit:
Please inspect the contents of your shipment carefully upon your receipt of it. You have fourteen (14) days after confirmed delivery to report any items that have arrived damaged or broken in transit. We will not accept any responsibility, or offer any options after those fourteen days have passed.

For more information please email: sales@topmarksit.com.au

*Trading Terms & Conditions (TTC)*

Rev 1.0 27th May 2017.