TENSOR DESIGN PTY LTD Trading as POSMarket.com.au
ABN 84 117 618 612
"POSMarket" means TENSOR DESIGN PTY LTD Trading as POSMarket.com.au (ABN 84 117 618 612);
"buyer" means the person placing an order with POSMarket for the supply of goods;
"goods" means the products including, but not limited to:
(a) the supply of point of sale computer hardware and software by way of sale, design, manufacture, configuration, installation;
(b) repair of point of sale computer hardware and software; and/or
(c) the provision of technical support services for network solutions and managed services, which are the subject of an order placed by the buyer;
"person" means a person over the age of eighteen years, a corporation, partnership and unincorporated body, words importing the singular include the plural and vice versa, and words importing any gender include all other genders;
"this agreement" means the Terms and Conditions of Sale set out herein.
(a) The buyer shall pay for goods:
(i) prior to goods being shipped; or
(ii) as otherwise varied by agreement as evidenced in writing between POSMarket and the buyer ("varied payment terms");
(b) In the event that the buyer is in breach of the terms and conditions of this agreement, by failure to pay for goods pursuant to the terms of clause 2(a), or breach of any other term and condition, the buyer will pay POSMarket eight per cent (8%) per month interest on the outstanding amount calculated from the date payment is due to the date payment is made.
3. Retention of Title
(a) POSMarket retains the legal and equitable title to goods until full payment is received from the buyer for goods;
(b) Until POSMarket receives full payment for goods, the buyer shall:
(i) hold goods as bailee for POSMarket;
(ii) grant POSMarket the right to enter without notice the buyer's premises, or the premises at which goods are stored, without liability for the trespass or any resulting damage to retake possession of goods;
(iii) ensure that goods are stored so they are clearly identifiable as the property of POSMarket; and
(iv) not alter or change goods so as to change their quality or nature;
POSMarket gives no express warranty made by or on behalf of POSMarket in relation to goods or their supply. The Trade Practices Act 1974 and the Fair Trading Act 1987 may imply certain conditions and warranties into this agreement for the benefit of the buyer. To the extent that such conditions and warranties in respect of goods may, as between POSMarket and the buyer, lawfully be excluded, all such conditions and warranties are expressly excluded.
If POSMarket fails or neglects to enforce at any time the provisions of this agreement this shall not:
(a) be construed, nor shall it be deemed to be, a waiver of any of POSMarket's rights;
(b) in any way affect the validity of the whole or any part of this agreement or prejudice POSMarket's right to take subsequent action.
(a) POSMarket may accept return of goods if notification is received from the buyer within seven (7) days from the date of invoice;
(b) POSMarket may accept return of goods that have been incorrectly ordered by the buyer provided that the goods have not been used and provided further that the buyer agrees to pay freight costs associated with the return and a minimum restocking fee of twenty five per cent (25%) of the value of goods ordered or the amount charged to POSMarket by a wholesaler, whichever is the greater;
(c) POSMarket will not accept the return of goods which have been added to, used, modified, varied or changed by any person other than POSMarket. POSMarket will not, under any circumstances, accept the return of goods that are sold as ex-rental, ex-demo, clearance stock or goods notified to the buyer as non-returnable; and
(d) POSMarket shall have no liability for any damage or defects in the goods and/or packaging delivered to the buyer which arise as a consequence of improper storage, warehousing or transport, neglect, abuse or improper use, installation, maintenance or unauthorised repairs.
(e) A Return Authorisation (RA) number must be issued before returning goods to POSMarket or our suppliers either for warranty claims or
for credit return.
(f) Except for faulty, damaged on delivery, or incorrectly supplied goods, a 25% restocking fee will be applied to all goods returned for credit. Claims for credit must be made within seven (7) days of delivery. Credit will NOT be issued for freight content of original invoice. No refund can be issued, credit to be allocated against client account.
(g) An Inspection fee of $70 Inc GST will apply if warranty goods are tested and no fault found.
(h) If a Customer makes a special order, where POSMarket has bought in goods on the customer’s request for non-stock items or orders for bulk quantities, credit on these goods will be rejected.
(i) Goods that are returned for credit must be in full re-saleable condition - returned in original packaging. Both external and internal packaging must be complete and in original state. Writing and stickers on external packaging will NOT be accepted, therefore the return claim will be rejected.
(j) Freight and Insurance of returned goods to POSMarket are at the customers cost and returned at the customers risk.
(k) POSMarket will return the repaired/replaced goods to the Customer freight prepaid.
In the event that any part of the provisions of this agreement are deemed to be invalid, unlawful or unenforceable to any extent, such provision shall be severed from the remaining provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
POSMarket and the buyer agree that the provisions of this agreement shall, in the event of dispute, be construed in accordance with the law of the State of New South Wales and be resolved by a New South Wales court.
9. Copyright, trademarks, patents and intellectual property rights
(a) The buyer acknowledges any and all of the trademarks, trade names, patents, copyrights and other intellectual property rights embodied in or in connection with the products and information, documentation, parts or software relating to properties supplied by POSMarket;
(b) The buyer shall not, during or after the expiry or termination of this agreement, without the prior written consent of POSMarket, adopt any name, trade name, trade style or commercial designation or design used by POSMarket, reproduce any art appearing on the package of any goods or copy, sell or hire or offer for sale or hire a copy of goods;
(c) The buyer shall indemnify POSMarket against all liabilities, costs and expenses which POSMarket may incur, or become liable to incur, as a result of work done in accordance with the buyer's specifications or as a result of the combination or use of goods with other equipment parts or software not supplied by POSMarket involving infringement of any patent, copyright or other proprietary right.
10. Entire Agreement
This agreement forms the entire agreement between POSMarket and the buyer and the buyer acknowledges that no warranty, express or otherwise, except as specifically provided for herein forms part of this agreement save and except to the extent set out in the varied payment terms and which varied payment terms also form part of this agreement.
11. Costs, Expenses and Disbursements
All costs, expenses or disbursements incurred by POSMarket in the maintenance of the Purchasers account including debt collection agency fees and legal costs arising:
As a consequence of the Purchaser's default in observing the terms and conditions of sale;
As a result of any of the Purchaser's cheques being dishonoured; or by reason of POSMarket requiring any further security to be provided; shall be payable by the Purchaser upon demand.
12. Orders and Delivery
(a) All orders placed through this web site are subject to confirmation and acceptance by POSMarket.
(b) Prices, availability & specification subject to change without notice. Errors & omissions excepted.
(c) POSMarket may vary prices in the event of price changes or mistakes on reasonable prior notice to the buyer. If POSMarket requests payment for increased prices, the buyer may cancel the order by giving notice to POSMarket, which must be received within seven days of the announcement of the increase.
(d) POSMarket or its agent will deliver the goods ordered to the address the buyer specifies on the order within the agreed time frame, subject to the availability of the goods. Where the goods are not available the buyer will be notified of this by POSMarket as soon as possible. Anyone at the delivery address who receive the goods will be presumed by POSMarket to be authorised to receive the goods.
(e) If the goods include products in respect of which the law prescribes a minimum age for purchase, the buyer must be over the age of 18 years (or such other minimum age as is prescribed by the law) and the buyer must ensure that a person over that age is available to accept delivery of the goods. POSMarket may refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age.
(f) If there is no-one at the delivery address or no-one of appropriate age to received the order, POSMarket may charge the buyer additional delivery fees.
(g) Once the goods are delivered to the buyer, the buyer will own them and it is the buyer’s responsibility if the goods are lost or damaged.
(h) POSMarket will arrange delivery in conjunction with the buyer. The cost of freight is the responsibility of the buyer.
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