Terms & Conditions
1. General
These terms and conditions shall apply to the exclusion of all others including any Terms and Conditions of the Customer (whether on the Customer's order form or otherwise). No goods or services will be supplied by the Seller (Emerging IT Pty Ltd) on any terms or conditions other than those set out herein and by taking delivery of the goods the Customer shall be deemed to agree to these Terms and Conditions. For the purposes of these Terms and Conditions 'the Customer' shall mean and include the party named and included the party to whom goods and services are sold and or in whose name an Account is maintained by the Seller.
2. Payment
The Customer agrees to comply with the trading terms of the Seller and payment for goods or services shall be made by within the Customers set payment terms. Payments made by VISA, MasterCard or Bankcard attract a 1.5% payment fee. This surcharge of 1.5% will be calculated on the total invoice value.
3. Claims
(i) The Customer will be deemed to have accepted the goods as being in accordance with its order unless it notifies the Seller in writing of its claim within 14 days of receipt of the goods.
(ii) The Seller will accept no return of allegedly defective or faulty goods unless the Seller has given prior written authorisation for the return.
4. Warranty
(i) All warranties whether expressed or implied and whether statutory or otherwise with regard to the goods supplied by the Seller as of quality, fitness for purpose or any other matter are hereby exempt insofar as any such warranties are incapable of exclusion at law.
(ii) Subject to clause 4 (i), the Seller warrants its products shall be free from defects in material or workmanship under normal and proper use for a period of twelve months from the date of payment of the invoice, assuming payment has been made by the Customer pursuant to clause 2. Advice for defective goods or materials must be made within the 12 months warranty period to be considered for claim.
(iii) Goods shown to be abused, misused, mistreated, damaged or used out of specification by the Customer, the Customer's client or any trades people used to install or modify the product shall be void of Warranty.
(iii) All warranty claims will only be observed or considered at the Seller's premises and if such a claim exists the Seller shall only be considered liable for:
(a) the cost of replacing goods up to the value of the initial cost,
(b) the cost of obtaining equivalent goods or
(c) the cost of having the goods repaired.
(iv) The Customer shall be responsible for all costs associated with transporting the goods to the Seller's premises.
5. Freight Costs
The Seller shall not be liable for freight costs on goods returned to it by the Customer.
6. Costs
Should payment remain outstanding beyond the seller's payment terms as outlined in Clause 2, the Customer is liable for all costs including legal costs (on a solicitor/own client basis) and mercantile agents fees incurred by the Seller in recovering the amount outstanding.
7. Change of Ownership
The Customer agrees to notify the seller in writing of any change of ownership of the customer within 7 days from the date of such change and indemnifies the seller against any loss or damage incurred by it as a result of the Customer's failure to notify the Seller of any change.
8. Cancellation
Orders placed with the Seller cannot be cancelled without the written approval of the seller. In the event that the Seller accepts the cancellation of any order placed with it shall be entitled to charge a reasonable fee for any work done on behalf of the seller to the date of the cancellation including a fee for the processing and acceptance of the Customer's order and request for cancellation.
9. Lien
The Customer hereby acknowledges that the seller has a lien over all goods in its possession belonging to the customer to secure payment of any or all amounts outstanding from time to time.
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