We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Computer Hardware - Exclusions and Limitations
Talk Audio Visual is not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing Products. Recovery and reinstallation of system and application software and user data are not covered under any Talk Audio Visual warranty. In relation to any computing media Product, or any computing hardware Product or computing part contained within a Product, Talk Audio Visual will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with Talk Audio Visual Products supplied to you, and any failure to maintain the confidentiality of data stored on the Product. Talk Audio Visual specifically does not represent that it will be able to repair any Product under warranty or make a Product exchange without risk to or loss of programs or data. Where a computing Product needs to be returned to Talk Audio Visual for replacement or a refund, Talk Audio Visual will in no manner whatsoever be responsible for any data you may leave on the computing Product.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Limitation on Liability
TALK AUDIO VISUAL shall not be liable for damages to other property caused by defects from any supplied products, damages based upon inconvenience, loss of use of the product, loss of time or data, commercial loss or any other damages, whether real, incidental or consequential.
Your Data - Use and Protection General
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Talk Audio Visual. Any unauthorized assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Talk Audio Visual for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Talk Audio Visual, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s). Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Talk Audio Visual reserves the right to change the Terms and Conditions of sale at any time. No Talk Audio Visual employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of Australia without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of TALK AUDIO VISUAL. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and TALK AUDIO VISUAL are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
Talk Audio Visual shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Talk Audio Visual, and Talk Audio Visual shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of the courts of Australia.