The term "seller" used below refers to IT Maintenance. The term "buyer" refers to the party to whom products and/or services are to be supplied and includes that party's successors and permitted assigns.
1 - Orders
An official order must be received by the seller in writing before any development work may commence or before the supply of any hardware or software to the buyer. If a deposit is required then no work shall commence or goods be supplied until payment of the deposit has been received.
2 - Warranty 2.1 - General
All warranties are void if payment terms are not adhered to by the buyer.
2.2 - Hardware
Hardware items are warranted for the duration specified by the manufacturer. The warranty is not transferable to a party other than the original buyer. The warranty shall cover the buyer for repair to the original item of hardware or, where repair is deemed by the seller to be impractical, replacement of the original item. Unless otherwise agreed by the seller, the item shall be returned to the seller's site for repair at the buyer's expense. All warranties are void if the warranted equipment is used in any manner other than for which it was originally designed, has been subjected to misuse, accident, incorrect installation or the product has been modified or repaired without authorisation given by the seller.
2.3 - Software
Software developed by the seller for the buyer shall be warranted against incorrect operation, as specified in the original customer specification, for a period of 90 days unless otherwise agreed in writing. After this period any changes to the software shall be charged at the seller's current engineering rate. Changes that are deemed by the seller to be beyond the scope of the original customer specification shall be charged at the seller's current engineering rate. No other warranties are expressed or implied, including but not limited to the implied warranty of merchantability and fitness for a particular purpose. The seller is not liable for consequential damages.
3 - Cancellations
The buyer may not cancel an order without the consent of the seller which, if agreed to, shall be deemed to be on the express condition that the buyer shall indemnify the seller against all loss arising out of such cancellation.
4 - Returns
The seller is under no obligation to receive items the buyer wishes to return. Return of goods will be at the sellers discretion and assessed on a case-by-case basis. A re-stocking fee may apply based upon the condition of the items to be returned and the costs associated.
5 - Delivery Times
Any time or date of delivery given by the seller is made in good faith and intended as an estimate. The seller shall be held in no way responsible for any consequences arising from any variation in the quoted delivery time.
6 - Delivery Costs
Delivery costs quoted are for one order, one shipment. Orders will only be part shipped if authorised in writing by the buyer. Part shipments will then incur shipping costs per shipment, which may differ from the original quoted shipping costs.
7 - Discounts
Quantity discounts will only apply when the full quoted quantity is ordered. Part orders will be charged at the regular non-discounted price unless otherwise agreed in writing by the seller.
8 - Specifications
Where software and/or hardware development is to be undertaken by the seller for the buyer, a customer specification will be developed and shall be signed by a representative from both the seller and the buyer before the seller shall carry out any development work.
9 - Time Lock
Certain hardware and software items supplied by the seller have in place a time lock out which will reduce the functionality of the item after a time period. Provided payment terms have been met by the buyer, an unlock facility will be provided.
10 - Rompala clause
The seller reserves the following rights in relation to any goods provided to the buyer by the seller, until all accounts owed by the buyer to the seller are fully paid.
1. Legal ownership of goods;
2. to enter the buyers premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the goods; and
3. to keep or resell any goods repossessed pursuant to 2) above.
11 - Intellectual Property
Software and hardware is developed for the buyer and supplied on a license basis. The intellectual property rights, plans, design artworks and source code remain the property of the seller unless a prior agreement to the contrary has been reached. A full copy of the software license agreement is available upon request.
12 - Force Majeure
The seller shall in no circumstances be liable to the buyer for any loss of use, loss of profit, or any loss suffered by the buyer as a result of any delay or suspension or cancellation of delivery of the products for any reason whatsoever.
13 - Scope
These terms and conditions of trading are additional to and together with any other terms communicated in respect of the sales of goods or services, and where they are in conflict, the latest published terms and conditions shall prevail. These terms and conditions of trading shall operate to the exclusion of any terms and conditions to the contrary effect expressed in any of the buyer order forms or other documentation.
14 - Jurisdiction
Any dispute or action in relation to these terms and conditions of trading shall be subject to the absolute jurisdiction of the laws of the state of Western Australia.
15 - Cost recovery
All expenses, costs or disbursements incurred in recovering any outstanding monies including all search fees, debt collection fees, solicitor's fees and all legal costs will be paid by the buyer.
What Our Lawyers Make Us Say
These documents are provided for informational purposes only. The information contained in this document represents the current view of IT Maintenance on the issues discussed as of the date of publication. Because IT Maintenance must respond to changes in market conditions, it should not be interpreted to be a commitment on the part of IT Maintenance and IT Maintenance cannot guarantee the accuracy of any information presented after the date of publication.
INFORMATION PROVIDED IN THIS DOCUMENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM INFRINGEMENT.
The user assumes the entire risk as to the accuracy and the use of this document. This document may be copied and distributed subject to the following conditions: 1) All text must be copied without modification and all pages must be included; 2) All copies must contain IT Maintenance's copyright notice and any other notices provided therein; and 3) This document may not be distributed for profit. All trademarks acknowledged.
