| This agreement is between Avatec (hereinafter called "The
Company") and the customer who registered on Avatec website
(www.itd.com.au) (hereinafter called "The Customer").
Any order accepted by The Company shall be deemed to incorporate
these terms and conditions. No variation or modification of,
or substitution for these terms and conditions (even if included
in, or referred to in, the document placing the order) shall
be binding on The Company, unless specifically accepted by The
Company in writing. Without restricting the limitations of liability
contained elsewhere in these terms and conditions, the liability
of The Company to the supply of goods and the goods themselves
is limited to the purchase price of the goods in respect of
which the liability arises. The Company has no further liability
or responsibility for direct, indirect or consequential injury,
loss or damage whatsoever and howsoever arising (whether in
contract, tort, equity or otherwise). If any of these terms
and conditions is held by a Court to be ineffective because
of non registration, illegality or any other reason, then that
term or condition or part of it will be severed from all other
terms and conditions without effecting the validity or enforceability
of all other terms and conditions or part of them. The Company
may vary these terms and conditions at any time by notice in
writing or email to The Customer. The Customer may not vary
these terms and conditions unless we agree in writing. Where
any supply of the goods to The Customer would otherwise be subject
to the provisions of the consumer guarantees acts, The Customer
agrees and acknowledges that the goods are being supplied to
people for business purposes and that the provisions of the
consumer guarantee acts will not apply.
Delivery
Title to goods does not pass until the invoiced amount is
paid in full and until then The Customer must insure and store
the goods separately and may not modify, pledge or sell them.
All items include sales tax unless otherwise specified.
Delivery by The Company to a carrier nominated by The Customer
will be deemed to be delivery to The Customer. Without limiting
our other rights if The Customer does not take delivery of
the goods by the delivery date specified or any later date
The Company agrees on. Delivery will be made to the location
specified on the invoice and The Customer shall be liable
for all freight costs, unless the price has already included
the delivery cost. Any period or dates quoted for delivery
are approximate and The Company accepts no liability for any
loss, injury damage or expenses consequent upon any delay
in delivery of goods. Delivery by instalments may be made.
If The Customer refuses delivery without The Company’s
agreement, The Customer must pay for The Company’s expenses
or loss resulting from that refusal, including storage costs,
until delivery is accepted. Not withstanding that the title
to the goods may not have passed, the risk in the goods shall
pass to The Customer upon delivery.
Acceptance
When goods are received, The Customer must inspect it for
defects or non-conformity within 7 days. After this period,
The Customer will have accepted the product. If The Company
agrees to the return of the goods, it must be in its original
condition and packaging. Proof of purchase must be supplied
and the return costs may also be payable by The Customer.
Repair/Replacement of Warranty Goods
All products are covered by manufacturer warranty.The original
invoice must be presented for any Return To Base warranty.
A labour fee of $35 will be charged if the machine is found
not to be faulty. Warranty does not cover damage to other
equipment used in conjunction with the machine. A $25 restocking
fee will be charged for goods returned within 7 days with
no fault. Goods returned must be in conditions acceptable
to The Company. The Customer is liable for all freight and
insurance costs incurred.
Warranty on machine or components void if labels have been
removed or tampered with or the damage is caused by software,
the improper storage, warehousing or transport, or by any
neglect, abuse or improper use, installation, maintenance
or unauthorised repair of The Company's products. The Company
does not cover software faults. Warranty can only be claimed
by The Customer who deals directly with The Company. It is
the responsibility of the owner of the equipment to have the
data on their storage devises backed up. If there is any data
loss while in our care, The Company will not in any circumstances
take liability for the information lost.
Cancellation of Order
The order cannot be cancelled except upon the terms which
will compensate The Company for all work done and materials
used or specially procured to the date of cancellation and
expenses, including overheads and handling charges incurred
to the date of cancellation.
Personal Guarantee and Indemnity
In consideration of The Company supplying either goods or
services or both to The Customer the Guarantors and Indemnifiers
("The Guarantors") described below by the execution
of this Guarantee unconditionally and personally guarantee
the due and punctual payment to The Company on demand of all
money which is payable or may become payable by The Customer
to The Company for both goods and services supplied from time
to time by The Company to The Customer and all damages and
costs and interest which may be payable by The Customer to
The Company ("the Outstanding Amount") AND the Guarantors
also agree as follows: 1. The Guarantors will reimburse any
expenses that The Company may incur in the enforcement of
any of its rights under this Guarantee including but not limited
to legal costs and expenses. 2. The Guarantors shall pay immediately
upon receipt of a written demand from The Company the full
amount owed by The Customer as at the date of the demand.
The Guarantors are required to comply with the conditions
of this clause irrespective of whether The Company has exercised
or exhausted its rights against The Customer. 3. The liability
of the Guarantors is absolute and will not be affected by
the insolvency of The Customer, which for the purpose of this
provision is given to include but not be limited to the administration,
winding up, liquidation, dissolution, receivership, reconstruction,
or other insolvency event of or in relation to The Customer.
4. The Guarantors fully guarantee and indemnify The Company
against any losses or expenses either directly or indirectly
incurred as a result of the default of The Customer in connection
with the payment of the Outstanding Amount. 5. The Guarantee
will not be considered to be discharged by the payment at
any time of the Outstanding Amount by the Guarantors or Dealer
and will continue to apply to all present and future balances
of the Outstanding Amount. 6. This is a continuing Guarantee
and Indemnity for the whole of the Outstanding Amount and
will remain in full force and effect until discharged. 7.
This Guarantee and The Company's rights under it may be assigned
or transferred by The Company without the consent of The Customer
or the Guarantors. 8. Where more than one person gives this
Guarantee the obligations on the part of the Guarantors contained
in this Guarantee take effect as joint and several obligations.
9. The Guarantors execute this Guarantee in their personal
capacity and as Trustee of each and every trust of which they're
a trustee.
Payment
Terms of payment are Prepaid or otherwise agreed. Interest
will be charged on late payment of account, at the rate of
7.5% per annum as liquidated damages from the due date until
the date of payment. In consideration for The Company supplying
goods to The Customer at the request of the Directors, the
Directors specified in this application form personally guarantee
jointly and severally payment upon demand of all money owed
by The Customer from time to time to The Company. The Directors
agree that they are liable as principal Dealers and their
liability will not be affected by the giving of time or any
other act or event that would release one liable as surety
only. Personally guarantee to pay for any collection fees
and or expenses including returned cheque fees incurred whilst
pursuing unpaid money in relation to the above mentioned Company.
Please note prices are subject to change without notice. All
prices include GST but do not include freight, Errors and
Omissions.
Assignment
An order and any payment to be made in relation to it shall
not be assigned or transferred without prior written approval
to The Company.
Ownership
Risk in the goods passes to The Customer on delivery into
The Customer's custody or the custody of anyone acting on
The Customer's behalf even though ownership in the goods may
not have passed to The Customer. The Customer must insure
the goods in The Company's name and The Customer's name for
their respective interests from the time of delivery until
payment in full. The Company will retain legal and beneficial
ownership of any and all goods, until The Company receives
payment in full for the goods and all other amounts owing
to The Company, and until The Customer has satisfied all the
obligations owed to The Company even though The Company may
have granted to The Customer a period of credit. The Customer
holds the goods as fiduciary bailey and agent for The Company
and must store the goods in such a way that they are clearly
identifiable as The Company's property, The Customer must
keep separate records in respect of the goods until payment
in full has been made. The Customer will not sell, dispose
of or otherwise part with possession of the goods otherwise
than in the ordinary course of The Customer's business. Where
The Customer does sell or otherwise dispose of the goods prior
to payment in full, The Customer must hold the proceeds of
sale and the funds separate from its own money.
Termination
This agreement between The Company and The Customer may be
terminated by written notice to the other PROVIDED THAT The
Company may immediately terminate the agreement for any breach
by The Customer of these terms and conditions including if
any monies due to The Company by The Customer are not paid
within seven days of the due date or The Customer becomes
bankrupt of (being a company) has a receiver and manager,
liquidator or administrator appointed over it.
Interpretation
Any contract and personal guarantee and indemnity agreement,
which these conditions apply, shall be governed by and construed
in accordance with laws in the State of New South Wales.
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