Disclaimer

All website contents copyright© 2010 Frag Labs Pty Ltd. All registered trademarks and trademarks are the property of their respective owners. All rights reserved. Configurations, availability, pricing, and promotions may change without notice. All product and paint images are for illustrative purposes only. Images displayed may contain optional equipment not included in every system configuration. Frag Labs Pty Ltd is not responsible for errors in typography or photography. Errors will be corrected where discovered, and Frag Labs Pty Ltd has the right to change any stated offer and correct any errors or omissions including after an order has been placed. Any use of the web site as a reference or pricing guide is not supported, and Frag Labs Pty Ltd is not responsible for any resulting losses. Frag Labs Pty Ltd is not responsible for errors in website functionality. Award logo(s) and quote(s) listed may not specifically pertain to one system or configuration. For hard drives, GB means 1 billion bytes and accessible capacity may vary depending on the configuration and Operating System. For Blu-ray, CD-ROM, DVD-ROM, CD-RW, and DVD±RW/±R drive(s), maximum data transfer rates may vary and discs created with these drives may not be compatible with all drives and players. For network cards/hardware, maximum achievable data transfer rates may vary.

Terms and Conditions

This Standard Terms and Conditions Agreement ("Agreement") contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from Frag Labs Pty Ltd. By accepting delivery of the product purchased from Frag Labs Pty Ltd and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for product (s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Frag Labs Pty Ltd. These terms and conditions are subject to change without prior written notice at any time, in Frag Labs Pty Ltd's sole discretion.

Definitions:

• "We", "us" and/or "our" means Frag Labs Pty Ltd (www.fraglabs.com.au).
• "You" or "your" means the individual or entity named on the invoice.

Payment Terms:

Orders; Interest. Advertised prices are in Australian Dollars and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. Terms of payment are within Frag Labs Pty Ltd's sole discretion, and unless otherwise agreed to in writing by Frag Labs Pty Ltd, payment must be received by Frag Labs Pty Ltd before Frag Labs Pty Ltd's acceptance of an order. Invoice amounts are due and payable within the period noted on this invoice, measured from the date of the invoice. Frag Labs Pty Ltd may invoice parts of an order separately.

Duties/Taxes:

Unless otherwise indicated on the face of the invoice, you are responsible for paying all duties and taxes associated with your order.

Shipping and Title:

Frag Labs Pty Ltd will arrange to ship the product(s) you purchase to you. Title to the product(s) passes to you when Frag Labs Pty Ltd delivers it to the carrier and risk of loss passes to you when the shipper delivers product(s) to the address you designate. Title to software remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software. You must notify Frag Labs Pty Ltd of missing or damaged items in your order within five (5) days after you receive your product.

Return Policy:

15-day Money Back Guarantee: In addition to the standard warranty, Frag Labs Pty Ltd offers a 15-day money back guarantee on every system. If you are not satisfied with your system, you may return it within 15 days for a refund. The refund will only be issued for the amount of the sale and will not include shipping costs. All systems will be subject to a 20% restocking fee. To return merchandise, you must obtain an RMA number. Please call the Frag Labs Pty Ltd customer service department and provide the invoice number, item description, and serial number(s) of the merchandise you wish to return. Returned merchandise must be placed in original packaging, and include product manuals and other accessories. All sales on software items are final.

Warranties for Domestic Customers; Disclaimer of Warranties:

THERE ARE NO WARRANTIES FOR SOFTWARE OR SERVICES. FRAG LABS PTY LTD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN THIS SECTION AND IN FRAG LABS PTY LTD'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE DURING THE RELEVANT PERIOD, AND FRAG LABS PTY LTD WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES ONLY UPON FRAG LABS PTY LTD'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.

Software:

All software is provided subject to the license agreement that is part of the package you receive from Frag Labs Pty Ltd. You agree to be bound by the license agreement once the package is opened or its seal is broken. Frag Labs Pty Ltd does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.

Exchanges:

From time to time, Frag Labs Pty Ltd may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with Frag Labs Pty Ltd's exchange policies in effect on the date of the exchange.

Products:

Frag Labs Pty Ltd continually upgrades and revises its products and service offerings. Frag Labs Pty Ltd may revise and discontinue products at any time without prior notice to customers. Frag Labs Pty Ltd will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building Frag Labs Pty Ltd products are selected from new parts and assembled in accordance with industry practices. The quoted Frag Labs Pty Ltd SKU numbers for Frag Labs Pty Ltd -branded hardware products are of the quality specified by Frag Labs Pty Ltd on its website and conform in all material respects with the Frag Labs Pty Ltd product specification current on the date such products were shipped.

Software and Peripherals:

Any warranty and technical support provided on third-party products offered by Frag Labs Pty Ltd, such as computer monitors, speakers and other peripheral devices, as well as software, are provided by the original manufacturer and not by Frag Labs Pty Ltd. The warranties and technical support offered by such manufacturers may vary from product to product. Frag Labs Pty Ltd - branded software and peripheral devices carry the same warranty terms as those described in Warranties Sections above.

Limitation of Liability:

FRAG LABS PTY LTD DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. FRAG LABS PTY LTD WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, FRAG LABS PTY LTD IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.

Not for Resale:

You agree and represent that you are buying the products governed by this Agreement for your own use and not for resale.

Miscellaneous Provisions:

You will not register or use any Internet domain name that contains an Frag Labs Pty Ltd trademark or trade name (www.fraglabs.com.au) in whole or in part or any other name that is confusingly similar thereto. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired. This Agreement and any sales thereunder shall be governed by the laws of Australia/New Zealand, without regard to conflicts of laws principles.

Trademark:

You will not register or use any Internet domain name that contains an Frag Labs trademark or trade name in whole or part or any other name that is confusingly similar.

For any return policy questions, please contact the Frag Labs customer service team at support@fraglabs.com.au or 1800 098 869.