Terms and Conditions of Sale, Service and Technical Support ("Terms and Conditions")
1. DEFINITIONS

"DIY Hifi Supply" means the DIY Hifi Supply Ltd subsidiary company selling products to the Customer as identified in DIY Hifi Supply's Quotation or Invoice.

"Customer" means the person or legal entity identified in DIY Hifi Supply's Quotation or Invoice.

"Contract" means a contract for sale by DIY Hifi Supply to the Customer of the products and/or services incorporating the Terms and Conditions.

2. FORMATION OF CONTRACT

2.1 No Contract shall come into existence until the Customer's order has been accepted by DIY Hifi Supply.

2.2 The products sold and/or services rendered are subject to the Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by the Terms and Conditions.

3. ORDERS, PRICE, PAYMENT AND REFUNDS

3.1 Unless credit terms have been expressly agreed by DIY Hifi Supply, payment for the products or services shall be made in full before physical delivery of products or services.

3.2 Customer shall pay for all shipping and handling charges.

3.3 Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.

3.4 Refunds will be given at the discretion of the Company Management. DIY Hifi Supply Ltd will issue refunds ONLY when the item is currently out of stock and customer does not accept a substitution.

4. DELIVERY

4.1 DIY Hifi Supply shall deliver the products to the place of delivery designated by Customer and agreed to by DIY Hifi Supply.

4.2 DIY Hifi Supply may, at its discretion, deliver the products by installments in any sequence. Where the products are so delivered by installments, each installment shall be deemed to be the subject of a separate contract and no default or failure by DIY Hifi Supply in respect of any one or more installments shall vitiate the Contract in respect of products previously delivered or undelivered products.

4.3 Any dates quoted by DIY Hifi Supply for the delivery of the products are approximate only and shall not form part of the Contract. DIY Hifi Supply shall not be liable for any delay in delivery of the products and/or services, howsoever caused.

5. ACCEPTANCE OF PRODUCTS AND RETURNS
Unless the Customer notifies DIY Hifi Supply to the contrary within two days of delivery and such notification is confirmed in writing within three days, the products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the price of the products whilst any claim is being investigated by DIY Hifi Supply. Kit products and parts may not be returned for refund or exchange.

6. WARRANTY

6.1 Unless specified otherwise, DIY Hifi Supply warrants to the Customer that DIY Hifi Supply branded products, will be free from defects in materials and workmanship affecting normal use for a period of one year from invoice date ("Standard Warranty"). Products for which DIY Hifi Supply acts as a reseller are warranted according to the terms and conditions of their respective manufacturers.

6.2 This Standard Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorized by DIY Hifi Supply, usage and/or storage and/or installation not in accordance with product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; any attempt by any person other than DIY Hifi Supply personnel or any person authorised by DIY Hifi Supply, to adjust, repair or support the products and problems caused by use of parts and components not supplied by DIY Hifi Supply. The Standard Warranty does not cover any items that are in one or more of the following categories: external devices; accessories or parts added to the product after the product is shipped from DIY Hifi Supply; accessories or parts that are not installed in the DIY Hifi Supply factory.

6.3 During the one-year period beginning on the invoice date, DIY Hifi Supply will repair or replace products returned to DIY Hifi Supply's facility. Customer must obtain prior authorization from DIY Hifi Supply Ltd, prepay shipping and transportation charges, and insure the shipment or accept the risk of loss or damage during such shipment and transportation. DIY Hifi Supply will ship the repaired or replacement products to Customer freight prepaid.

6.4 DIY Hifi Supply does not give any warranty that the products are fit for any particular purpose and this Standard Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law.

7. LIABILITY

7.1 DIY Hifi Supply's total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.

7.2 The Customer shall indemnify DIY Hifi Supply and keep DIY Hifi Supply fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.

7.3 Any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by DIY Hifi Supply shall be subject to correction without any liability on the part of DIY Hifi Supply.

8. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong and shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong.

9. GENERAL

9.1 The Customer shall not assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of DIY Hifi Supply. Any such unauthorized assignment shall be deemed null and void.

9.2 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.

Nov 15, 2005