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Home  Terms and Conditions |
Terms and Conditions
The following are the terms on which RETEC DISTRIBUTION will supply, and Customer must acquire, products including computer and networking hardware, software, license and components (Products) and related services including maintenance and support (Services).
1.Ordering
1.1 Customer may order the Products and Services from RETEC DISTRIBUTION from time to time by completing, executing and sending to RETEC DISTRIBUTION a purchase order (Order).In placing an Order, Customer agrees to be bound by these Terms of Supply and agrees that if there is any inconsistency between the Terms of Supply and an Order, `the Terms of Supply will govern to the extent of any inconsistency.
1.2 The supply of Products and Services by RETEC DISTRIBUTION to Customer is subject to the Suppliers' ability to supply sufficient quantities and types of Product to RETEC DISTRIBUTION.
2.Payment
2.1 The purchase price of Products is as set out in RETEC DISTRIBUTION's most recent price list, quotation, facsimile, email or quotation at the time Customer orders Products from RETEC DISTRIBUTION. Freight, handling and insurance costs are in addition to the purchase price and will be shown separately on RETEC DISTRIBUTION invoices.
2.2 RETEC DISTRIBUTION may alter any prices of Products without prior notice to Customer.
2.3 RETEC DISTRIBUTION will invoice Customer for amounts due at the times specified in the Order, specifying how those amounts are calculated.
2.4 Customer must pay each RETEC DISTRIBUTION invoice in full in advance of delivery unless otherwise agreed to in writing.
2.5 RETEC DISTRIBUTION may charge Customer interest on any overdue amount, calculated daily from the due date until the date of payment, at a 10% annual interest rate
2.6 Customer must reimburse RETEC DISTRIBUTION for any expenses and charges incurred by RETEC DISTRIBUTION in attempting to recover from Customer any overdue amounts, including without limitation, debt collection and legal fees.
3.Cancellation charges
If RETEC DISTRIBUTION becomes liable to pay a Supplier's cancellation or rescheduling fee due to Customer canceling an Order, then RETEC DISTRIBUTION may recover those fees from the Customer.
4.Stock Returns for Credit
4.1 Products can only be returned to RETEC DISTRIBUTION for credit within 7 days from invoice date even if RETEC DISTRIBUTION is at fault.
4.2 Returned products can only be credited at the value equivalent to the current market value of the products.
4.3 Damaged goods are not eligible for return. Products to be returned must have a returns authorisation (RA) number clearly visible on the outside of the package (NOT on original carton, and the product must be unopened and in a re-sellable condition acceptable by RETEC DISTRIBUTION. Any goods that have been written on or defaced by the Customer or their courier will not be eligible for return.
4.5 Approved product returns must be returned to RETEC DISTRIBUTION within 3 days of the RA number being issued or the goods will be declined and returned to the customer.
4.6 All returns outside the above conditions are subject to a minimum 10% restocking fee, if and only if RETEC DISTRIBUTION agree to accept the return at the discretion of RETEC DISTRIBUTION. RETEC DISTRIBUTION is under no obligation to accept returns of Product from Customers.
5.Warranty
RETEC DISTRIBUTION does supply a warranty on certain Products purchased which is clearly stated on the sale invoice. If no warranty is stated the goods are sold .AS IS. and without warranty.
6.No Manufacturer's Software Licence and Support Provided
The Customer acknowledges:
a.Products (including any products manufactured by Cisco Systems) purchased from RETEC DISTRIBUTION may be supplied with software owned or controlled by others (such as Cisco).
b.RETEC DISTRIBUTION does not warrant or represent that the Products are supplied with a valid software licence or that the software is of a particular type or quality.
c.The Customer is solely responsible for ensuring it complies with and/or purchases any software or other intellectual property licences that may be required. The Customer may be required to purchase a software licence in order to use the software embodied in the Products. For Cisco products, the Customer should contact their local authorised Cisco dealer.
d.Products are supplied without the manufacturers (and in particular Cisco Systems.) support and the purchaser must separately purchase support from the manufacturer or their authorised dealer if required. RETEC DISTRIBUTION is not an authorised Cisco dealer or distributor and does not supply support of any kind for any of the CISCO products sold.
7.Exclusion of liability
7.1 In addition to any applicable legislation, these Terms of Supply state:
a.The entire liability of each party to the other; and
b.The extent of each party's liability for any Claim.
7.2 RETEC DISTRIBUTION does not exclude or limit the application of any provision of any statute where to do so would contravene that statute or cause any part of this agreement to be void ("Non-excludable Condition"). 7.3 RETEC DISTRIBUTION's total liability to Customer:
c.for a breach of an express term of these Terms of Supply is limited to refunding the amount paid by Customer for the Products or Services in respect of which the breach occurred; and
d.for a breach of any Non-excludable Condition is limited, at RETEC DISTRIBUTIONs option, to any one of supplying, repairing or replacing, or paying the cost of supplying, repairing or replacing, the Products or supplying again, or paying the cost of supplying again the Services in respect of which the breach occurred.
7.4 RETEC DISTRIBUTION excludes:
e.All conditions, warranties and terms implied by statute, general law or custom, except any Non-excludable Condition;
f.all liability to Customer in contract for consequential or indirect damages arising out of or in relation to Products or Services or any delay or other failure in supplying any Products or Services or these Terms of Supply even if:
i.RETEC DISTRIBUTION knew they were possible; or
ii.they were otherwise foreseeable, including without limitation, lost profits and damage suffered as a result of claims by any third person, such as a customer of Customer; and
g.All liability to Customer in tort (including without limitation, negligence) and bailment for acts or omissions of RETEC DISTRIBUTION, its employees, agents and subcontractors arising out of or in relation to Products, Services or any delay or other failure in supplying any Products or Services or these Terms of Supply.
8.Risk and title
Ownership of any products and packaging delivered remains vested in RETEC DISTRIBUTION until payment of all amounts owing on account for any products supplied, whether past or present, has been paid in full. In the event that any amount is due, owing and payable RETEC DISTRIBUTION shall be entitled to enter upon any premises where the products previously supplied by RETEC DISTRIBUTION are located and remove from such premises and take possession of any such products at invoice value in satisfaction of any and all unpaid amounts which are due, owing and payable at that time by the customer to RETEC DISTRIBUTION. There shall be no requirement whatsoever on the part of RETEC DISTRIBUTION to identify any specific stock item to any unpaid invoice.
9.Indemnity
9.1 Customer indemnifies RETEC DISTRIBUTION, its employees, agents and subcontractors against all losses, damages, expenses and costs (on a full indemnity and solicitor and own client basis and whether incurred by or awarded against any of them) that any of them may sustain or incur as a result, whether directly or indirectly, of any Claim.
9.2 For the purposes of these Terms of Supply, "Claim" means any claim by any third person for loss or damage to any property, injury to or death of any person or economic loss arising out of or relating to any or all of the Products or Services, any delay or failure in supplying the Products or Services and these Terms of Supply.
10.General
10.1 Both parties acknowledge that RETEC DISTRIBUTION will supply Products and Services as an independent contractor.
10.2 These Terms of Supply contain the entire agreement between RETEC DISTRIBUTION and Customer in relation to its subject matter and supersede all prior negotiations, agreements, understandings and commitments between RETEC DISTRIBUTION and Customer in relation to that subject matter.
10.3 These Terms of Supply shall be governed by and construed in accordance with the laws of New South Wales and the parties hereto submit to the non-exclusive jurisdiction of the Courts of New South Wales in respect of any dispute or matter arising out of or connected with these Terms of Supply
10.4 If a dispute arises concerning these Terms of Supply, then the dispute must first be referred for mediation in accordance with the Australian Commercial Disputes Centre Mediation Guidelines or, at the instance of RETEC DISTRIBUTION, proceed by way of Court proceedings.
10.5 RETEC DISTRIBUTION may subcontract to any person the performance of any of its obligations under these Terms of Supply.
10.6 Any quote, email, facsimile, price list etc indicating a price and delivery term, is only valid for 24 hours unless specifically stated otherwise. All prices quoted herein are exclusive of goods and services tax, again unless specifically stated otherwise.
11.Personal Guarantee
In the event of the Customer being a corporate entity:
11.1 The person ordering the Products shall be deemed to have all the necessary authority to bind the Customer to such purchase.
11.2 The director/s of such corporate entity shall sign the Order and shall bind himself/themselves personally, jointly and severally, with the Customer as guarantor/s for the payment of all amounts due by the Customer to RETEC DISTRIBUTION from time to time.
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