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Terms and Conditions
In these conditions, the words “we” “us” “our” shall mean and refer to the supplier of the goods and services. The word “you” shall refer to the person or company to whom the goods are sold or supplied. “The goods” shall refer to the goods, merchandise and other items the subject of the sale transaction and where the context permits or requires includes services.
“GST” means the Goods and Services Tax assessable under GST Law;
“GST Law” means A New Tax System (Goods and Services Tax) Act 1999 and all associated legislation, subordinate legislation and administrative rulings. Unless otherwise agreed to in writing by the parties and subject always to the requirements of relevant legislation these terms and conditions apply to all sale contracts between you and us.
You acknowledge that, unless expressly agreed to by Mates Mobile Computer Services in writing, the terms and conditions included on a document issued by you (such as a purchase order, confirmation, receipt (including the terms on any pre-printed purchase order form, or your standard retainer document) will not apply to the sale or supply of Goods and Services by McLeay Computing to you or otherwise vary these terms and conditions
1. GENERAL: These terms and conditions of sale apply to the sale of the goods or services by us to you, where this document is part of a quotation than the terms and conditions shall have application, so far as the context permits, in respect of any transaction conducted following acceptance of the quotation or negotiated variation thereto.
You agree to perform your own specific obligations and responsibilities in accordance with this Contract. Without derogating from this, you agree to cooperate fully and act reasonably and in good faith to assist in the timely progress and fulfilment of our obligations under this Contract including, but not limited to, not unreasonably withholding or delaying the provision of any agreement, acceptance, information, assistance or other resource required by us and providing us with all necessary access to your premises and equipment. You agree to be responsible for all site preparation as required to enable efficient delivery and implementation of the Goods and Services. You agree to ensure that all our personnel, agents or sub-contractors are sufficiently trained in and aware of your policies and procedures and costs incurred by us for our personnel to be inducted on your site do not form part of any quotation provided by us and may incur additional charges. We agree to cooperate fully and act reasonably and in good faith to ensure the timely progress and fulfilment of our obligations under this Contract
2. PRECEDENCE: These conditions shall prevail over the provisions contained in any other document which may conflict with the provisions herein contained.
3.VALIDITY: Where this document forms part of a quotation;
(i) The quotation is not to be construed as an offer or obligation by us to sell and we reserve the right at our option to accept or reject any orders received.
(ii) Our obligation includes only the goods as specified in our agreement or the delivery documents.
(iii) The quotation is prior to receipt of acceptance, subject to alteration, or withdrawal at any time by us in writing and unless otherwise advised in writing the quotation shall be valid for fourteen (14) days from the date thereof.
(iv) All prices quoted are based upon the quantity referred to and should there be any variation in the total quantity of the goods ordered from that in the quotation we reserve the right to amend the price quoted.
4. PRICES: Except in respect of a quotation all prices payable by you for the goods shall be our prices ruling at the date of dispatch.
5. RISK and STORAGE: All risk of or for loss or damage with the respect to the goods passes to you on delivery to you, your servants, agents, customers or to any carrier. It is your responsibility with relation to freight insurance and costs associated with freight insurance. Any equipment brought in by you for repair or modification shall be entirely at your risk. IT IS YOUR RESPONSIBILTY WITH REGARD TO BACKUP OF DATA, you shall indemnify us from all or any loss of data from any media. Equipment and or the goods shall be returned to you upon receipt of full payment for all outstanding monies. Items not collected within a reasonable time frame will be sold to recover costs. You shall on demand, pay to us all cost of storage, insurance, demurrage, handling and other charges incidental to such storage. You shall indemnify us from all or any damage that may be incurred by us or our equipment whilst on your premises with exception to cases of extreme negligence.
6. GST and GOVERNMENT IMPOSTS: Any government imposts and charges which may be incurred or become payable in respect of the goods will be to you account. If a government impost or charge for the transaction relating to the goods between you and us is claimed against us then we will be entitled to add the amount to your account with us and to recover the amount from you on demand. If a GST is imposed or payable in respect of the goods or the supply by us if the goods under or in connection with this agreement is regarded as a taxable supply, then the following apply:
(a) you must pay to the amount of GST payable in respect of the goods or for the taxable supply in addition to any amount or consideration otherwise payable for the goods
(b) provided we deliver a tax invoice to you in respect of the supply of the goods by us the amount of GST payable in respect of the goods is payable by you to us on demand.
7. TERMS OF PAYMENT: Full payment required in advance on all work requested, unless prior arrangement has been made and agreed to, then a minimum deposit equivalent to the total cost of hardware and software combined is to be paid prior to work commencing and/ or a signed credit card authority, this authority extends to extra charges that may be incurred with respect to clause 3 and 4 of these terms and conditions and the balance required in full on completion. Unless otherwise stated in the quotation or agreed in writing, all prices quoted are strictly nett and payment in full shall be due on and from the date of the invoice. With any other agreed payment arrangement terms are strictly (7)days NETT and should payment due to us not be received within seven (7) days from the date of the invoice, then we shall have the right in addition to all other rights to which we are entitled to at Law to charge interest on the overdue amount, and any and all costs incurred for the recovery of outstanding amounts will be to your account. Interest charged accrues daily from invoice date at 28%pa. Any payments received will be credited first to interest and debt recovery costs accrued. We may at any time in our sole discretion combine the amount payable to us for the goods with any other account between you and us or otherwise effect any set-off without notice and no agreement to the contrary shall arise by implication only. PAYMENT IS DEEMED TO BE RECEIVED ONCE FUNDS HAVE BEEN CLEARED.
8. WARRANTY: Products supplied by us are warranted by the manufacturer of the goods and are subject to the manufactures warranty. Any products returned for warranty are done so at your expense, unless otherwise stated in writing. Our warranty extends only to our workmanship. Our warranty will not apply to any defect which arises from excessive wear, misuse, neglect, accident or incorrect installation by you, including connection to wrong power supply. Warranty shall be withheld until payment in full has been received. Software is excluded from all warranty claims.
9.LIABILITY OF SUPPLIER: Where the goods are not of a kind ordinarily acquired for the personal, domestic or household use and consumption then :-
(a) our liability for a breach of a condition or warranty implied by the Trade Practice Act 1974 (other than a condition or warranty implied by section 69) shall be limited to the repair of the goods, or at our option, the replacement of the goods or the supply of equivalent goods; or
(b) where the goods have been ordered or obtained by us for you at your request from a nominated third party supplier or by description from another suppliers catalogue then the following will apply:
(i) we will return the goods to the nominated supplier or source of the goods for credit (which will be passed on to you if and when received by us) or alternatively for repair or replacement (at our option)
(ii) we will not be required to return the goods for credit or for repair or replacement if the nominated third party supplier or source of the goods is under external administration, bankruptcy or is no longer carrying on business at the time of the return of the goods to us by you;
(iii) You accept our obligation to you under sub-paragraph (i) above (subject to sub-paragraph (ii) above) in full satisfaction of your rights against us in respect of the goods.
10. DETERMINATIONS OF CONTRACT: We shall be entitled to immediately determine this contract if;
(i) you are in breach of any of the conditions;
(ii) execution is levied on your property;
(iii) you make any arrangements or composition with your creditors or commit any act of bankruptcy or proceedings in bankruptcy are commenced against you or if you are a company, any resolution or application to wind up is passed or presented against you or a receiver and manager or receiver or administrator is appointed;
In these terms and conditions of sale “act of bankruptcy” shall be deemed to include entering into a composition and the execution of a Deed of Assignment or Deed of Arrangement.
11. TITLE OF GOODS AND CREDIT RETURNS:
(i) Title of all goods shall not pass to you until full payment is received.
(ii) Credit returns may be allowed at our sole discretion but in any event credit returns will not be accepted after fourteen (14) days from date of original invoice.
(iii) Non- standard items and special request items will not be accepted for credit.
(iv) We reserve the right to charge a re-stocking fee on goods accepted for credit. The minimum fee is 20% of the invoiced price of the goods.
(v) In all cases goods returned for credit must be accompanied by original invoice and return freight pre-paid by customer
(vi) In all cases goods returned for credit must be in original packaging and in a completely re-saleable condition.
(vii) In all cases, refunds or credit will only be given once items have been returned and compliance with all subsections of section 11 of these terms and conditions
(viii) Software that has the seal broken cannot be returned as per manufactures EULA
(a) Until payment in full for the goods and of all sums due and owing by you to us on any account: then the goods you hold are held as trustee for us and you shall not mortgage or pledge the goods to any person or company and the goods shall be at your risk in all respects.
(b) In the event of default in your obligations under these terms and conditions of sale or if any event occurs by which we shall be entitled to determine the contract, then without prejudice to any rights which we may have at Law or hereunder: we or our agents may without notice to you enter your premises, by force if necessary, for the purpose of recovering the goods. We may recover and resell the goods and apply the proceeds in reduction of any indebtedness you may owe to us.
If the goods cannot be distinguished from similar goods which you have or claim to have title to, we may in our absolute discretion take all goods matching the description of the goods and hold the same for a reasonable period so that respective claims to the goods may be determined whereupon we shall promptly return to you any goods which are your property; and you acknowledge that provided we have taken or shall take reasonable care in the seizure and storage of such goods we shall in no way be liable for any loss or damage to your business howsoever arising from our taking any goods;
If the goods are used in the manufacture of other goods or affixed to other goods or products or become constituent of other goods we will be given possession of and have lien over such other goods and products as security for full payment of the goods by you; to facilitate possession hereunder such goods or products may be taken and the same rights and liabilities apply as if they were goods under the preceding clauses. We shall have the right to any claim or claims you may have against third parties emanating from the sale of the goods or products into which the goods may have become incorporated; in the event of sales of the goods by you we shall have the right to trace the proceeds thereof.
(c) Uncollected goods will be subject to disposal after 3months from work completion/ invoice date
12.DELIVERY: Estimated Delivery Dates are based on information available to us from suppliers and are subject to change at any time, without prior notice. WE ARE NOT RESPONSIBLE FOR DELAYS IN DELIVERY CAUSED BY A SUPPLIER OR FOR OTHER REASONS BEYOND OUR REASONABLE CONTROL. WE ARE NOT LIABLE FOR ANY DELAYS
13. ACCEPTANCE: All products and services supplied by us to you at your request are subject to the terms and conditions contained herein and your request to us to supply products and services is deemed and will be taken as your full acceptance and agreement to the terms and conditions contained herein.
14. PRIVACY: We only collect personal information which is necessary for conducting business with you. We take steps to ensure your information is not disclosed to, or accessed by unauthorized persons. Certain exceptions apply to general restrictions on us to deal with personal information; eg We must provide information to an entity if we are required by law; eg, police (state or federal)
15. COPYRIGHT: This website and its contents are subject to copyright. Logos and Trademarks remain the property of their registered owners. Content contained within this website may not be reproduced with any media without prior consent. The use of this website is subject to these terms and conditions.
16. GOVERNING LAW and JURISDICTION This Contract shall be governed by the laws of New South Wales and each party submits to the non-exclusive jurisdiction of the courts of New South Wales.
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