Placement of Orders
1. Any order for the product placed by you with us includes acceptance of these terms and conditions as a sole basis of the sale. Subject to the law, no promise, representation or warranty is implied by us.
2. All invoices must be paid within fourteen (14) days from the date hereof, failure to do so will incur interest upon the total balance due at a rate of 15.0% per annum.
3. Any disbursements incurred by us on your behalf will be added to the price plus 10% in addition to GST.
4. If any hardware and software is supplied with the product you agree to accept the hardware and software manufacturer’s warranty in relation to the hardware and software.
5. You must pay in addition to the price or any interest and costs incurred by us in collecting late or unpaid invoices or in enforcing this Agreement in any way, including but not limited to postage, telephone, debt collection and/or litigation costs and disbursements on an indemnity basis.
6. We exclude all implied conditions and warranties except any implied condition or warranty, by law the exclusion of which would contravene any statute or law or cause any part of this Agreement to be void.
7. We exclude liability including from our breach of any express or implied condition or warranty or our negligence, for loss of profits consequential indirect loss or damage and we limit our liability to paying the cost of having those products supplied to you again.
8. We reserve the following rights in relation to the product and hardware or software provided by us until all moneys including but not limited to the price and any interest owed by you to us are paid in full:-
(a) Legal ownership of the product and any hardware or software and any intellectual property rights derived therefrom;
(b) To enter any premises where the product is located without liability for trespass or damage and to re-take the product.
9. We may be entitled to maintain any action against you for the purchase price, plus interest and costs.
10. (a) No order may be cancelled by you except with the written consent by us and on terms which you must indemnify us against all losses or expenses incurred by us and any work in progress undertaken by us with respect the product from such Order.
(b) A 5% administration fee of the such order will be incurred upon a cancelled order.
(c) We may elect to cancel any order (wholly or partially) as we reasonably consider appropriate at any time prior to delivery of the product in which case we shall notify you in writing and we shall be under no obligation in respect the supply of the product.
(d) We may from time to time suspend the supply of product to you, acting reasonably, however without any liability for breach.
11. This Order is governed by the law in force in New South Wales.
12. We shall retain the intellectual property and/or copyright design and confidential information in respect of any product we provide to you until such time as any amount of money you owe us is paid in full.
Liability of Supplier
13. We shall not be under any liability whether in contract, tort or otherwise for any cause whether occasioned by negligence or otherwise for any injury, damage or loss including special, indirect or consequential damage or loss whether to persons or property or business or trade arising out of the supply of the product or the products including any defects in the products, anything connected with the products, late delivery or non-delivery of the products or unavailability of the products or any other work related to the products and your remedy (if any) shall be limited to the replacement of any defective products.
14. The Guarantor hereby provides a personal guarantee to us the due and punctual performance of all of the obligations and payments of you set out herein and these terms of trade and in the event that you fail to meet the obligations or the payments the Guarantors hereby jointly and severally agree to pay us for all and any moneys due to us pursuant hereto. This guarantee shall not merge until such time as discharged in writing by us.
15. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this document and the rest of this document is not affected.