General

Any order accepted by Pos Direct Pty Ltd (ABN 68 618 244 796) for the supply of Goods shall be deemed to incorporate these Terms and Conditions of Sale. No variation or modification of, or substitution for these Terms and Conditions of Sale (even if included in, or referred to in, the document placing the order) shall be binding on the Company, unless previously and specifically accepted by the Company in writing. Acceptance of these Terms and Conditions of Sale does not necessarily imply access to all the Company’s products. Certain products are classified as Authorised Products and are not necessarily available to all the Company’s customers. The Company may make changes to these Terms and Conditions of Sale (including any credit terms) from time to time by notice to the Customer. The Customer is treated as having accepted the changed terms if it sends an order to the Company after receiving its notice of those changes.

Prices

Unless otherwise agreed in writing by the Company, the Company reserves the right to vary the price stated for the Goods in order to take account of any increase in shipping costs, product costs or cost of materials, services or exchange rate fluctuations at the time of acceptance of the Customers Purchase Order. The Company will notify the Customer of any such changes. All prices listed are GST exclusive unless otherwise stated and subject to change without notice. The Company reserves the right to accept or reject any Purchase Order, whether written or verbal, at its discretion. Quoted travel prices for jobs including flights and accommodation are valid for two (2) business days upon issued date of the quote. We reserve the right to increase pricing quoted due to the constant changes and availability of flights and accommodation.

Payment

Terms of payment are prior to delivery. Payment may be made by Cheque, Credit Card (MasterCard or Visa), or Direct Credit. Credit terms may be offered to an approved Customer when a satisfactory trading history has been established. The Customer warrants that as far as it is aware neither it nor any of its shareholders, controllers or owners are insolvent. The Customer acknowledges that the Company may, in its absolute discretion, approve or refuse to extend any credit to the Customer. If credit is extended to the Customer, the Company may reduce or withdraw any credit extended to the Customer and require it to immediately pay all moneys owed to the Company if the Customer:

(i) breaches any of these Terms and Conditions of Sale; or

(ii) in the Company’s reasonable opinion, may or is suffering from an insolvency event.

The acceptance by the Company of any cheque or negotiable instrument shall not constitute payment unless and until the same has been honoured.

Without prejudice to any other rights of action the Company may have, unless payment is made to the Company on the due date for payment, the Customer’s account will be automatically suspended until it is brought within the Terms and Conditions of Sale (unless otherwise arranged and confirmed in writing by the Company such as a bona fide dispute). The Customer agrees to pay interest to the Company on all overdue charges at the rate of 1.5% per month payable monthly (or such lesser rate as the Company may specify in writing) from the due date for payment until actual payment thereof, excepting any bona fide dispute which has been set aside.

In the event of an account not being paid by the due date the Customer will pay to the Company all debt collection agency costs and legal fees (on an indemnity basis) incurred by the Company in obtaining payment of the amount from the Customer. In addition, interest is payable on such debt collection agency costs and legal fees at the cumulative rate of 1.5% per month calculated monthly from the date on which they are paid by the Company until payment of the same by the Customer to the Company.

Assignment

An order and any payments to be made in relation to it shall not be assigned or transferred without the prior written approval of the Company, which shall not be unreasonably withheld or delayed.

Delivery

Delivery will be made to the location specified on the order form and the Customer shall be liable for all freight costs.

No claim for damage in transit or shortage in delivery will be considered in cases where the Company has agreed to deliver the Goods to the Customer unless a separate notice in writing is given to the carrier concerned and the Company immediately the Goods are received followed by detailed and complete claim in writing within 2 trading days of delivery. In the event of loss or destruction of the Goods in transit, advice of non-delivery must be submitted in writing to the carrier and to the Company within 7 days of the date of consignment as advised by the Company to the Customer.

Any period or dates quoted for delivery are to be regarded as approximate only and the Company accepts no liability for any loss, injury damage or expenses consequent upon any delay in delivery of Goods. Delay due to circumstances not reasonably within the control of the Company shall not entitle the Customer to cancel any order or to refuse to accept delivery.

Notwithstanding that the title to the Goods may not have passed, the risk in the Goods shall pass to the Customer upon delivery.

When the Company is required to procure overseas Goods to fulfil an order, the order is subject to confirmation by the Company and it is also subject to an import licence being available if and when required.

Force Majeure

Should the Company be delayed in or prevented from making delivery owing to any cause whatsoever beyond the Company’s control, including but not limited to Acts of God, war, strike, riots, government intervention, industrial stoppage or natural disaster or otherwise, the Company shall be at liberty to cancel or suspend any affected order without incurring any liability for any loss or damage resulting there from.

Insurance

Insurance will not be effected by the Company on Goods forwarded from the Company’s premises unless the Company receives written instructions from the Customer to insure.

Cancellation of Order

Once an order has been accepted and invoiced by the Company it may not be cancelled for any cause whatsoever without the Company’s consent in writing. Where such cancellation is agreed, the Customer will cover all costs in returning the Goods to the Company and ensure that the Goods are insured in transit and returned to the Company’s premises in original unmarked packaging including all original documentation and accessories. Such an order cancelled by the Customer will incur a re-stocking fee of a minimum of $30.00, or 15% of the invoiced value of the Goods, whichever is the greater.

Upon a Customer placing a special order or an indent order of Goods that are of a special nature or quantity, the Customer will be deemed to have invited the Company to allocate or order Goods or additional production time for its fulfilment and to have agreed that the Customer’s order will be irrevocable pending acceptance or rejection by the Company within a reasonable time.

Returns

To request a return of any supplied item a RA (Returns Authorisation) Form must be completed by the customer and processed by the company.
An RA number will be provided for your return request. RA Form can be found on the website under forms.

All RA’s must be submitted no more than 7 days after the purchased date of item or will be automatically rejected.

Non-faulty Items

• The company accept returns and exchanges provided your goods meet the eligibility criteria.
• The product must be in “NEW” condition, unopened and include the original box and packaging with any plastic seals unopened.
• If the item does not meet these requirements the customer’s claim will be automatically rejected.
• The company reserve the right to reject any return requests if the company deem the product to be unsellable for reasons such as the manufactured date, low demand on the market, over-stocked or superseded.
• A restocking fee of 10% will apply to all unfaulty items being returned or exchanged.

Faulty Items

• If the customer suspects the product is faulty please complete the RA form for further instruction on how to proceed with returning/exchanging the faulty item.
• If your product was purchased with warranty, please refer to our warranty terms and conditions.

Freight and shipping costs for pickup and delivery will need to be organised by the customer and will be at the customer’s expense. This includes faulty and non-faulty items.
The company will not be responsible for any damaged or lost shipments in transit.

Refunds or credit notes will be issued upon receiving confirmation from the company of the approved RA form.
Restocking fees and original freight charges on the order will be excluded from the total amount to be refunded or credit.
Refunds and credits are processed within 1-5 business days.

 

Ownership

The risk in any Goods supplied by the Company to a Customer shall pass to the Customer when such Goods are delivered to the Customer or into custody on the Customer’s behalf. Until the Customer has discharged all outstanding indebtedness to the Company in respect of all Goods, the Company retains ownership in all Goods delivered to the Customer or into custody on the Customer’s behalf (Retained Goods).

Until payment in full of such indebtedness for all Goods has been made to the Company, the Customer acknowledges and agrees that: (i) it holds the Retained Goods as fiduciary and bailee agent for the Company; (ii) it will store, at all times, the Retained Goods separately from its or any 3rd party’s goods so that they remain identifiable; (iii) it will not encumber or allow any charge or security interest over the Retained Goods except as provided in these Terms and Conditions of Sale; (iv) it will insure the Retained Goods; and (v) the Company is permitted to enter into the Customer’s premises without prior notice to inspect and/or repossess the Retained Goods, and to keep or resell any of the Retained Goods repossessed.

If the Customer manufactures, intermingles or deals with the Retained Goods in such a manner that they become an integral part of any other object (Processed Goods) then the Customer holds these Processed Goods on trust for the Company to the extent the Retained Goods are incorporated or used to produce the Processed Goods, until payment in full of such indebtedness for all Goods has been made to the Company.

Unless otherwise directed by the Company, the Customer may, on behalf of the Company, sell the Retained Goods and Processed Goods to a third party in the normal course of trade. The Customer is accountable to the Company for the proceeds derived from the sale of Retained Goods, and in the case of Processed Goods, to the extent the Retained Goods are incorporated or used to produce the Processed Goods. The Customer shall hold such proceeds in trust for the Company in a separately identifiable account for the Company’s benefit and must give the proceeds to the Company when asked.

The Customer must maintain separate records in relation to the Retained Goods and Processed Goods, and make these records, Retained Goods, and Processed Goods available for the Company’s inspection at any time on reasonable notice to the Customer.

Personal Property Securities Act 2009 (“PPSA”)

The Customer acknowledges and agrees that by agreeing to these Terms and Conditions of Sale (in particular, by virtue of the preceding clause headed “Ownership”) the Customer grants a security interest pursuant to the PPSA to the Company in any Goods supplied by the Company to the Customer and any proceeds of the sale of such Goods.

The Company may register on the Personal Property Securities Register (PPSR) a security interest or purchase money security interest (PMSI) in the Goods. The Company may, on request, seek reimbursement from the Customer for the costs and expenses incurred by the Company in relation to registering, maintaining or releasing any financing statement or financing change statement (each as defined in the PPSA) in respect of any security interest or PMSI under these Terms and Conditions of Sale.

The Customer undertakes promptly: (i) to do all things, sign any further documents and provide any further information (which information the Customer warrants to be complete, accurate and up-to-date in all respects) which the Company may reasonably require to enable the Company to perfect, and maintain the perfection of, its security interest or PMSI (including by registration of a financing statement or financing change statement on the PPSR);(ii) not to register a financing statement or financing

change statement in respect of the Goods without the Company’s prior written consent; and (iii) to give the Company no less than 14 days’ prior written notice of any proposed change in the Customer’s name or any other change in the Customer’s details (including, but not limited to, changes in its address, facsimile number or trading name).

The Customer waives its right under section 157 of the PPSA to receive notice of any verification of any registration pursuant to the PPSA.

The Customer agrees that pursuant to section 115(1) of the PPSA and to the maximum extent permitted by law the Customer waives its rights under and with the Company’s agreement contracts out of, sections 95, 118, 121(4),125, 129(2) and (3), 130, 132(3)(d), 132(4), 135 and 142 and 143 of the PPSA.

Evaluation Product

The Company will make Evaluation Product available to the Customer from time to time, to allow the Customer to evaluate product features and benefits prior to purchasing. All Evaluation Product shipped to the Customer will be brand new in unopened factory condition and either wrapped or shipped in an outer carton. Such Evaluation Product is not to be left on the premises of any of the Customer’s end users or further installed on trial, unless specifically agreed to in writing by the Company. Evaluation Product is to be returned to the Company within 7 working days unless purchased prior. Returned product is to be shipped freight paid by the Customer, either outer wrapped or packaged so as to preserve the brand new factory packaging. Any missing, marked or damaged product, manuals or accessories, will be charged in full on return. Evaluation Product not returned according to these conditions will be charged in full at the end of the evaluation period. Freight will be credited on Evaluation Product that is returned within the 7 day evaluation period. Insurance and return freight on the Evaluation Product is the responsibility of the Customer.

Confidentiality

From time to time the Company and the Customer may be required to pass on to each other confidential information about their respective businesses or the Customer may be required to pass on to the Company confidential information about its business to the Company for the commercial benefit of both parties. Any such information given by either party will be held by the other party in strict confidence and will not be passed on to any third party or used for any other purpose other than the direct related purpose for which the information was given. Confidential information excludes information which is: (i) lawfully in the public domain before its disclosure or enters the public domain afterwards otherwise than as a result of an unauthorised disclosure; (ii) becomes available to the receiving party from someone lawfully in possession of it who lawfully discloses it on a non-confidential basis; and (iii) is rightfully known by the receiving party before disclosure of it.

No public announcement or press release relating to the Company or the Company’s products is allowed without the Company’s prior written consent, which will not be unreasonably withheld.

Warranty

All hardware supplied by the company is sold with a standard 12-month warranty period, either with the manufacturer or with the company.
Unless otherwise stated by the company the length period of warranty on any item is included on the sales invoice for the hardware.

Warranty periods include the service labour and spare parts, with the spare parts meter read required to be lower than the expected life on the part.
If the faulty item cannot be repaired a replacement will be organised.

Return to base warranty includes the repair or replacement of faulty items, with freight and shipping costs for pickup and delivery to be organised by the customer and will be at the customer’s expense.

The company’s warranty will be carried out and processed by the company itself. For all communication regarding repair or replacement of your unit will be dwelt with by the company.

Manufacturer’s warranty will be carried out and processed by the Manufacturer of the hardware. The customer is required to contact the manufacturer directly to log a warranty claim with the provided service centre.
The company must provide the customer with a sales invoice with the product and its serial number listed as proof of purchase, this will then be forwarded to the manufacturer to register and process the warranty.

For any damages that are found to have been caused by faults listed below will immediately void the warranty on your hardware, being classified as a consumer fault.

• Misuse or incorrect operation of hardware
• Weather conditions including storms, rain leakages etc.
• Electrical problems including power outages and fluctuations, outlet surges and spikes etc.
• Use of generic consumables including toner and drum cartridges
• Use of generic software programs

If extended warranty is available on the item the customer is eligible to purchase this at an additional cost upon the same time ordering the hardware.
The customer cannot purchase extended warranty after the original sale date of hardware. This will be added in addition to the standard warranty period originally included.
An extended warranty may only be taken on new goods and cannot be taken retrospectively.

Liability

To the maximum extent permitted by law, the Company shall not be liable for any damages or loss of any kind arising from the failure of Goods to function or operate satisfactorily, nor for any direct or indirect, incidental, special, or consequential damage or loss to property or person whatsoever. The Company accepts no responsibility or liability for incorrect placement of orders, including via the web.

Any representation, warranty, condition or undertaking that would be implied in these Terms and Conditions of Sale by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. Nothing in these Terms and Conditions of Sale excludes, restricts or modifies any condition, warranty, right or remedy that cannot be excluded, restricted or modified.

The Company’s liability for any other liability that has not been excluded, or breach of a condition or warranty that can not be excluded, is limited, at the Company’s option, to re-supplying or paying the cost of re-supplying services and repairing, replacing or paying the cost of repairing or replacing Goods. The Company’s liability will exclude any indirect, incidental, special or consequential damages or loss, including loss of revenue, profits, savings or data. It does not matter whether the damage or loss was foreseeable, arose from negligence, and even if warning was given of its possibility.

Indemnity

Except to the extent of the acts or omissions of the Company (including negligence) giving rise to any claims, damage, loss, liability or expense whatsoever, the Customer will indemnify the Company against any claims by a third party (including merchants), damage, loss, liability or expense whatsoever (including lawyers’ fees on an indemnity basis) that the Company may incur: (i) with respect to any negligent act or omission by, or wilful misconduct of the Customer’s employees, agents, contractors, consultants or representatives; or (ii) as a result of: (a) any warranty condition, representation, indemnity or guarantee granted by the Customer or provided by law in addition to or in lieu of the limited warranties specified in the Warranty clause to the extent permitted by law; (b) any omission or inaccuracy in the Customer’s marketing and promotional materials that relate to the products; (c) any modification of or addition to the Goods not provided or approved by the Company; or (d) the Customer’s failure to comply with these Terms and Conditions of Sale. This clause will not be construed to limit or exclude any other claims or remedies which the Company may assert under these Terms and Conditions of Sale.

Severability

If any term (including any clause, paragraph or phrase) in these Terms and Conditions of Sale is illegal or unenforceable, it is to be severed. The rest of the terms will not be affected.

Governing Law

Any contract to which these Terms and Conditions of Sale apply shall be governed by and construed in accordance with the laws in force in New South Wales and the Customer further submits to the exclusive jurisdiction of the courts operating in New South Wales.

Goods

“Goods” as used in this document means those Goods supplied by the Company and includes but not limited to Barcode Printers, Barcode Scanners, Barcode Verifiers, Consumables, Card Printers, Cash Drawers, EFTPOS Terminals, Keyboards, Kiosk Terminals, Mobile Computing Terminals, POS Printers, POS Terminals, Scanner Scales, Security products and Touch Terminals.