PROVENDEX PTY LTD & DUNBAR INVESTMENT TRUST
Terms and Conditions of Sale
- Customer Acknowledgement.
The Customer acknowledges agreement with these Terms and Conditions of Sale by the placement of an order to purchase product from Provendex Pty. Ltd (ACN 138 043 679) or The Dunbar Investment Trust ABN 63208161397
PROVENDEX is the trading name of PROVENDEX Pty. Ltd. This contract of sale is between the entity named on the invoice (the “Customer”) and PROVENDEX Pty. Ltd (ACN 138 043 679) or The Dunbar Investment Trust ABN 63208161397 herby to known as “PROVENDEX” in these terms.
All goods are supplied on these terms and conditions only and no person in the employment or otherwise as agent for PROVENDEX has any authority to supply goods on any other terms and conditions or to vary these terms and conditions in any way whatsoever. Previous dealings shall not vary or negate these terms and conditions in any respect.
These terms are governed by, takes effect and will be construed in accordance with the laws of Victoria and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals therefrom
2. Return or Exchange of Goods.
PROVENDEX will gladly refund or credit goods returned within a reasonable time (generally 7 days) provided the goods are in original condition, original packaging, current version and not a special order or clearance item. Otherwise, we will make our best effort to arrange exchange with the manufacturer or accept the goods back for resale. In this case, if the return is authorised by PROVENDEX, a restocking fee of up to 25% may apply.
Please note that where the plastic seal of any product is broken the return or exchange cannot be accepted due to health and safety regulations unless faulty nor defective.
Return or exchange of goods is sometimes not possible due to third party constraints on PROVENDEX (unless faulty). Unless agreed otherwise prior to purchasing, all sales shall be considered firm sales.
3. Warranty Information.
All products sold by PROVENDEX are covered by the manufacturers’ warranty that accompanies the product unless otherwise stated. PROVENDEX makes no additional or independent warranty. PROVENDEX does not warrant the performance, compatibility, integrity, merchantability and fitness for a particular purpose of any product, but merely passes through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective products.
Please Note: Due to restrictions placed upon us by the manufacturers, hardware that is defective on arrival can generally be exchanged if we are notified within 7 days of invoice. Otherwise, the manufacturer’s warranty process must be followed.
4. Delivery of Goods.
We place great importance on the fast and reliable delivery of Customers orders, however please note that delivery times are estimates only and PROVENDEX shall not be liable for delays.
If the Customer fails or refuses to take delivery of the goods, then in addition to all other rights and remedies of PROVENDEX, the Customer shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by PROVENDEX as a result thereof and PROVENDEX, at its discretion may charge a restocking fee of up to 25% of the purchase price.
The goods shall be at the Customers risk at the point of delivery. The Customer, upon taking delivery of the goods, shall immediately examine the goods and give written notice to PROVENDEX of any defect within five (5) days of such date, failing which the goods shall be deemed to have been delivered in good order and condition and accepted by the Customer.
5. Title of Goods.
The goods shall remain the sole and absolute property of PROVENDEX as legal and equitable owner and the Customer shall hold such goods as bailee only until such time as the Customer shall have paid the full price. The Customer shall be liable to PROVENDEX in respect of any loss or damage to the goods during such bailment.
6. Payment/Default Interest/Storage Charges
The price shall be paid by the Customer in full without any deduction in respect of any claimed set-off or counterclaim (including any such set-off or counterclaim on account of any delay on the part of PROVENDEX in delivering any part of the goods) on or before the payment date.
In addition to any other rights or remedies of PROVENDEX in the event of the Customer’s default hereunder, PROVENDEX shall be entitled:
- To charge and recover costs incurred for the collection of payment (such as but not limited to collection agency fees and legal costs), cheque dishonour fees, interest at the current bank overdraft rate plus two percent per annum from the due date for payment until payment in full;
- To immediately and without notice retake possession of the goods (and for such purpose the Customer irrevocably licenses PROVENDEX, its employees, contractors, servants or agents to enter upon the premises at which the goods are located to so retake possession) and resell the goods after seven (7) days written notice to the Customer and thereafter recover from the Customer any amount by which the resale price is less than the price agreed to be paid by the Customer, together with all costs and expenses suffered or incurred by PROVENDEX as a result of the Customer’s default;
- At the sole discretion of PROVENDEX charge a restocking fee of up to 25% of the purchase price.
- At the sole discretion of PROVENDEX put the Customer account credit on hold and suspend the supply of goods and services (including RA).
- In the event that the customer fails to take delivery of contracted goods and those goods remain in the possession of PROVENDEX, then PROVENDEX has the right to charge the customer a storage fee at the rate of $10 per pallet per week plus a flat management fee of $200 per month. (Note: A pallet is represented as any full pallet or part pallet thereof.)
- Interest Charge: PROVENDEX will charge interest accruing on a daily basis on all outstanding monies outside trading terms that remain unsettled and is entitled to pass on these charges to the customer at its sole discretion. The interest rate will be at 2% per month of the outstanding value of the invoice, with the outstanding balance accruing.
7. Errors and Omissions.
At PROVENDEX, we work hard to offer you the most competitive pricing and accurate product information. Because of the dynamic nature of this industry (e.g. vendor price changes and other variables beyond our control), prices, promotions, versions and availability advertised are subject to change without prior notice. Please be assured of our every effort to ensure the accuracy; however the documents and graphics published may contain technical inaccuracies or typographical errors. PROVENDEX makes no representations about the suitability of this information; it is provided “as is” without warranty of any kind. If an error is made or a product is listed at an incorrect price, PROVENDEX shall maintain the right to refuse or cancel any orders placed. If the order has been confirmed and charged to your credit card, PROVENDEX shall immediately issue a refund.
8. Limitation of Liability.
PROVENDEX, shall under no circumstances be liable for special, incidental, or consequential damages including loss of profit or opportunity, even if it has been advised of the possibility of such damages: the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product.
Subject to any applicable Commonwealth or State Legislation, PROVENDEX liability for any such breach shall be limited, at its sole discretion, to any of the following:
- Replacement of the goods or any part thereof;
- Supply of equivalent goods or any part thereof;
- Payment of the cost of replacing the goods or acquiring equivalent goods or any part thereof;
- The payment of the cost of having the goods or any part thereof repaired; or
- Refund of the goods upon return.
9. All Sales Made in Victoria.
All sales shall be deemed made in the state of Victoria of Australia regardless of the location of the Customer. The Customer agrees that any dispute with PROVENDEX shall be brought by the Customer exclusively in the state or federal courts situated in the State of Victoria.
PROVENDEX warrants that it has good title to all products it sells.
In the event any section or portion of a section of these Terms and Conditions of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms and Conditions of Sale, and the remaining terms shall continue in full force and effect.
11. Personal Guarantee.
The Customer acknowledges that PROVENDEX has the right to pursue the owners or directors of business or company personally for any losses resulting in non-payment of accounts to PROVENDEX.
Dated January 2017