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Aussie Info Synergy Terms And
Conditions
Aussie Info Synergy Pty Ltd. ABN: 55 074 782 906
Bank details: Bankwest, Morley, BSB: 306 042, Acc. No.:
443 955 4
Credit hold is given 5 days after credit terms given and recovery
action at 70 days.
MasterCard and Visa accepted but a surcharge of
3% will be applied.
Overdue
accounts will have 1.5% interest applied at 35 days and each month
thereafter.
• PLEASE NOTE: By placing and receiving an order from Aussie Info Synergy
Pty Ltd – you agree to these conditions.
General
These terms and conditions apply to the sale of goods and
services offered by the Vendor (Aussie Info Synergy Pty Ltd in this
document) and all offers made by Aussie Info Synergy Pty Ltd in
relation to Aussie Info Synergy Pty Ltd’ goods and services -
unless varied, amended or cancelled by an Officer or other duly
authorised representative of the Aussie Info Synergy Pty Ltd. This
may occur in specific contractual arrangements with Federal, State
or corporate clients.
The Vendee accepting goods from Aussie Info Synergy Pty Ltd
is deemed to have accepted the terms and conditions contained herein
by placing an order with Aussie Info Synergy Pty Ltd. Aussie Info
Synergy Pty Ltd failure to object to any term or condition contained
in any communication, whether written, electronically or oral, from
the Vendee, shall not mean those conditions / terms are accepted.
Unless otherwise specified, terms of trade are ex-warehouse.
Property and risks in goods passes to the Vendee at the time of
payment to Aussie Info Synergy Pty Ltd. The Vendee may at his
option, collect the goods from these premises or arrange freight on
his own behalf. Alternatively, freight will be arranged on the
Vendee’s behalf by Aussie Info Synergy Pty Ltd.
The customer shall indicate the desired freight method.
Should the account fall beyond trading terms, such goods may be
reclaimed by Aussie Info Synergy Pty Ltd as payment in kind to the
outstanding balance amount. Special Contracts - These conditions
apply except when the customer has signed a special agreement with
the company - this may exclude various clauses within this
agreement. All Terms within this agreement are subject to the
Federal/State laws of Australia.
Remedial Service
Repair
service will consist of the labour, parts, travel (within
Metropolitan zones) and related expenses to effect the return of
defective equipment’s to normal operation. Areas greater than 100
Km from a depot has a levy applied and noted on the invoice or
Webster Extra Care Agreement. Without affecting the generality of
the foregoing, repair services that may be necessary, which are
specifically not covered under the terms of warranty are as follows:
(a) Damage caused by flood, fire, lightning, act of god, riot or
war.
(b) Malicious damage, operator error, equipment misuse, negligence
or lack of environmental control.
(c) Damage caused by fault in any Telephone Line, modem, power
supply or any external line, including mains wiring, for which WC is
not responsible.
(d) Repairs or replacement necessary due to wear and tear from
normal use – e.g. degradation of video screens, print heads, tape
head etc. and consumables - e.g. .printer ribbons, toner and
printer maintenance kits etc.
(e) Damage or loss of software programs or data due to equipment or
software failure to maintain demonstrable or archival versions of
the said software.
Performance Of Service
a) Maintenance service will be performed during
normal working hours ( 8:30 am-5.00 p.m. Monday to Friday, public
holidays excepted) at dates and times to be mutually agreed between
AIS and the Client. When service has been arranged for a particular
time, it shall be the Client obligation to make such preparations as
may be necessary to allow full and proper testing without delay
including a full backup of their data and operating system before
handing the system over for maintenance. After hours coverage is
arranged with the State Service Manager.
b) AIS will use its best endeavour to commence repair service
whenever practicable within the same day (excluding travel time)
after receipt of the Clients request for repair service. When 4 hour
response has been elected for a Server attendance will be 4 hour +
travel time. A priorities system is invoked giving precedence to
Servers under maintenance contract or under Warranty in a ‘Systems
Down’ situation over Clients with minor faults or general PC
faults. Casual calls are given the lowest priority.
Warranty
The Aussie Info Synergy Pty Ltd will provide minimum three
(3) years RTB warranty on new AIS computers systems and (1) - (2)
years warranty on Notebook computers dependent on brand and model.
Please confirm specific Aussie Info Synergy Pty Ltd warranty with
our Sales Department. Where there are special agreement exceptions
such as one year warranty on computer systems the Vendee and Aussie
Info Synergy Pty Ltd will agree to maintain normal warranty terms
and conditions.
Where stipulated according to contract/invoice terms warranty
shall be extended. Monitors and printers and other associated
peripherals will have a one (1) year warranty unless otherwise
stated. It is to be noted that certain manufacturers offer extended
warranties for different product.
This is a limited warranty and is valid only in Australia.
Please read this limited warranty carefully. This limited warranty
gives you specific rights. You may also have other legal rights that
vary from state to state within Australia. For international
warranties please ask sales to confirm options that may exist.
Where Product is sold by the reseller as principal the
reseller has no authority from the Company to give any additional
warranty or guarantee on the Company’s behalf except as contained
or referred to in this document.
All items carry warranty activated at time of invoice/lease
notification to the invoiced Vendee.
These warranty periods may vary dependent upon contractual
obligations or other warranty agreements. If goods are under
warranty, repair or replacement of the item shall be at Aussie Info
Synergy Pty Ltd discretion. DOA procedures do vary depending on the
manufacturer of the product. Please contact Aussie Info Synergy Pty
Ltd Service Department for details.
Aussie Info Synergy Pty Ltd will not be liable for loss of
data, incidental and/or consequential damage caused by the use of
their products. This includes any loss of data resulting from
equipment failure. It is the Buyer’s responsibility to ensure
adequate back-ups are taken regularly. Aussie Info Synergy Pty Ltd
will not be liable for time lost in downtime or subsequent labour
charges caused by equipment failure or integration.
Aussie Info Synergy Pty Ltd will not cover under warranty any
item that has been mishandled, returned inadequately packed and/or
otherwise interfered with by unauthorised personnel. The removal of
any serial numbers, factory seals and/or warranty stickers will void
warranty. Manufacturers’ charges related to voided time delays,
handling warranty items shall be borne by Vendee. Aussie Info
Synergy Pty Ltd will not repair under warranty, damage caused by
operation outside of designed working and storage environments,
power surges, fluctuations and interference, and external peripheral
devices.
The Company accepts no additional liability pursuant to this
warranty for the costs or travelling, insurance or transportation of
the Product or parts to and from the service agent or reseller.
These costs are not included in this warranty.
• PLEASE NOTE: Where an accessory or expansion item has the potential to
negatively impact the warranty repair process, it may be necessary
that any accessory or expansion item not warranted by Aussie Info
Synergy Pty Ltd be removed before presenting the Product for
service. Products presented with accessories or expansion items not
under warranty by Aussie Info Synergy Pty Ltd may be returned
unrepaired at the discretion of Aussie Info Synergy Pty Ltd or its
Authorised Service Centres. The company will endeavour to discuss
with the customer prior to any action being taken as a customer
service.
Non-Interference
The Client warrants that during the continuance
of this Agreement neither the client nor any other person except WC
servants, agents and subcontractors will carry out any modification,
maintenance or repair of the equipment. On-site warranty is
only valid at the "End User" location as stated on the
Invoice or Extra Care Agreement. Re-assignment of this
location must have WC prior approval.
Provision of Service
Some services provided to the Customer may not fault free and rely
on factors outside the control of AIS.
The Service is provided to the customer at such times and by means
as AIS decides from time to time.
Exclusion of Liability
Except as provided in clause AIS is not liable to the Customer or
any other person for:-
any cost, loss or liability (including loss of profit or other
consequential damage) arising from AIS supply or failure or delay in
supplying any goods or Services.
The content, context or confidentiality of any communications made
using any Service.
AIS is not able to provide support for software not supplied by AIS,
this includes software downloaded from the Internet.
Limitation of Liability
Except as provided below all terms, warranties, undertakings, inducements
and representations relating to the provision of any Service or
goods are excluded and AIS will not be liable for any loss or damage
(including consequential loss or damage) however caused (whether by
negligence or otherwise) in respect of any supplied Goods or
Services.
AIS's liability for any breach of such implied term or warranty will
be limited at AIS's option in any way permitted by the legislation
including where so permitted.
If the breach relates to supplied Goods
The replacement of the goods; or
the repair of such goods; or
the payment of the costs of replacing the goods; or
the payment of the costs of repairing the goods;
If the breach relates to supplied Services
the supplying of those Services again; or
the payment of the costs of having those Services
supplied again.
Breaches
The Customer shall indemnify AIS against any loss (including
any loss of profit) incurred by AIS as a result of any breach of the
terms of any agreement with AIS including damages in respect of any
period between the date of actual termination (including termination
under clause 14.) and the date on which the Customer was entitled to
terminate such agreement in accordance with its terms.
Termination
AIS may immediately terminate any agreement or the provision of any
Service if:-
the Customer breaches any term of any agreement (including terms
relating to payment or use);
AIS forms the opinion in good faith that the Customer is or may be
insolvent. All deposits paid to AIS will be non-refundable if at any
time the order is cancelled by the customer. All outstanding charges
become immediately payable on giving of such notice and in no
circumstances shall the Customer be entitled to any refund of
payments made under this Agreement.
Suspension of Service
AIS may from time to time without notice suspend any Service or
disconnect or deny the Customer access to any Service:-
during any technical failure, modification or maintenance involved
in the Service provided that AIS will use reasonable endeavours to
procure the resumption of the Services as reasonably practicable; or
if the Customer fails to comply with any agreement (including
failure to pay charges due) until the breach (if capable of remedy)
is remedied, or does, or allows to be done, anything which in AIS's
opinion may have the affect of jeopardising the operation of any
Service
Notwithstanding any suspension of any Service under this clause the
Customer shall remain liable for all charges due throughout the
period of suspension.
Information Received
Except as otherwise expressly permitted in writing, no person may
reproduce, redistribute, retransmit, publish or otherwise transfer
or commercially exploit any information which they receive through
the Service in any way which is competitive to the Service.
Assignment
The Customer cannot assign its rights under any agreement with AIS
without the prior written consent of AIS (which may not be
unreasonably refused).
Governing Law
This Agreement is governed by the laws of Western Australia and the
parties submit to the jurisdiction of the West Australian Court.
Limit Of Liability
AIS will not be liable for any down time damages,
loss of profits or other expenses incurred through the failure of
the Client to keep provisional backups of its operating system
software and data. AIS recommends as least three levels of backup on
site with daily rotation of one copy held securely off site.
Account Status
All new accounts will operate for at least a period of three
(3) months on a ‘Cash before Delivery’ basis before they will be
considered for credit terms, unless special terms have been
documented and agreed to in writing. Such Agreements with individual
clients may cause modification to these trading terms. During this
time, any purchase made over one thousand dollars ($1,000) must be
paid by cash, bank cheque, direct deposit or credit card. Any
cheques returned by the bank either as dishonoured or for
representation shall attract a fee of thirty dollars ($30) each
time. A personal cheque payment under a $1000 must be accompanied by
ID – Drivers Licence Number and Address.
The Vendee’s completion of the Trade Account Application
shall be deemed an authority for Aussie Info Synergy Pty Ltd to
check trade references as the Vendee has indicated on said form. A
credit account will only be considered after relevant information
has been supplied to Aussie Info Synergy Pty Ltd. An application for
a credit account does not necessarily mean a credit account will be
granted immediately.
Payment of accounts shall be made within the terms offered by
Aussie Info Synergy Pty Ltd whether on a "cash before
delivery" or credit basis. Where the order is paid for
electronically, all endeavours shall be made to ensure the
confidentiality of such payment details from name of the user, the
amount of the invoice and the credit card number offered. No
liability is held should the card be utilised by another person
representing himself or herself as the owner of offered credit card.
Where credit terms have been extended by Aussie Info Synergy
Pty Ltd, Aussie Info Synergy Pty Ltd retains the right to vary or
withdraw credit facilities at any time. The company will bear no
liability for damage caused by the withdrawal of the credit
facility. Payment of credit accounts become due when either the time
limit or dollar limit is reached. If accounts are overdue they will
be placed on hold until fully paid.
The Vendee shall pay all outstanding accounts as per terms
– at Aussie Info Synergy Pty Ltd' discretion, interest of 1.5% per
month may be charged on the balance of all outstanding amounts. At
any time that Aussie Info Synergy Pty Ltd ceases to be satisfied
that the company will be paid, it may cease deliveries and from that
moment no liability for damages caused shall be accepted by Aussie
Info Synergy Pty Ltd.
Where any part of an invoice is in dispute the balance not in
dispute will be paid in accordance with account terms. Any disputed
amount must be documented in writing with proof of receipt of this
document confirmed in writing. Unless otherwise specified by Aussie
Info Synergy Pty Ltd in writing/electronically at the time of
quotation, all written quotations are valid for a period of thirty
(30) days from the date of the quotation and shall be specified.
Internet Quotations shall specify the quotation period
applicable for the NET. Aussie Info Synergy Pty Ltd must be notified
in writing of any change of address and /or ownership. Aussie Info
Synergy Pty Ltd bears no responsibility for shipments to incorrect
delivery address where there has been no communication regarding
delivery address changes.
Charges
The customer must pay for all goods and services as agreed
from time to time.
The Customer must pay all Service time charges, minimum charges and
other amounts incurred by the Customer or its designated Users or
incurred as a result of any use of the Customer's password (whether
authorised or not) in accordance with the billing option selected.
These charges include but are not limited to charges for any
purchase made through any Service and any surcharges incurred while
using any supplementary networks or Services other than the Service.
Time charges are charged to the next hour in thirty minute
increments.
Prepaid hours which are not used within a month will be carried
forward to the following month.
Prices are subject to change without notice or obligation
unless there are specific contract price conditions with the client.
Orders for catalogue /Internet goods are binding only when accepted
by Aussie Info Synergy Pty Ltd. Freight charges shall be applicable
unless specific contractual binding terms apply.
If a customer cancels an order in writing after AIS has
accepted the order Vendee may simply cancel the order. If ASI has
begun to manufacture, the Customer will agree to pay a cancellation
fee of 20% of the cost of the ex tax sell price of the goods. If the
goods have already shipped the Vendee must action through discussion
with the Aussie Info Synergy Pty Ltd re the situation.
• PLEASE NOTE: The catalogue is covered by the following clause, prices may
be subject to change without written confirmation. Such changes may
be applied due to currency fluctuations or stock shortage.
In the case of errors on the Invoice/or in delivery Aussie
Info Synergy Pty Ltd must be notified within 7 days of invoice
whether they are short shipments in delivery, damaged goods,
discrepancy in ordered specification. This must be done in writing
and must be acknowledged by the Aussie Info Synergy Pty Ltd.
No credits for overcharges or returned stock shall be
accepted outside the terms.
When returning goods please telephone, fax or email for a
Credit Return Authorisation (CRA) Number. CRA Numbers will be issued
within 24 hours from customer request for return. Goods returned not
clearly marked with the appropriate credit return authorisation
number or in an unsatisfactory condition may be returned to the
customer at the customer’s expense.
All goods being returned to Aussie Info Synergy Pty Ltd for
credit must be in resaleable condition (i.e unused and in the
original packaging). Goods returned for credit will be charged a 20%
restocking fee of they are not returned within 7 days from the
invoice date No Hard disk, RAM, CPU or SOFTWARE accepted for return.
Refunds shall be a credit on account of applicable invoice in
the case of credit account customers or through cheque/electronic
payment to the Vendee where the account is CBD.
All goods being returned to Aussie Info Synergy Pty Ltd are
to be sent at the Vendee’s expense. However warranty goods
purchased from Aussie Info Synergy Pty Ltd shall be returned to the
customer at our expense via the courier of our choice, where goods
were purchased directly from Aussie Info Synergy Pty Ltd.
Goods that are found to be fault free will be returned to the
customer at their expense and may attract a service fee of $45
depending on the item
Technical Advice
Aussie Info Synergy Pty Ltd shall at all times offer advice
or assistance in regards to product specification, performance and
implementation. Such assistance is given without liability on Aussie
Info Synergy Pty Ltd side and is offered in good faith as a customer
service. Whether information is offered through verbal or other
media Aussie Info Synergy Pty Ltd accepts no liability.
Acceptance
The placing of an order upon Aussie Info Synergy Pty Ltd
shall be deemed as acceptance of these Terms and Conditions whether
the order is placed verbally, through the Internet, fax or mail.
• PLEASE NOTE: When you visit the AIS site, you accept this T&C version
and future revisions that may have been placed on the web.
Terms
and Conditions 10012005
Please note that when you visit the site you accept this version and
future revisions that may have been placed on the web prior to that
current entry on the site.
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