1) Customer Acknowledgement.
The person or persons placing an order warrants that they are the Customer or are authorized to represent and do represent the person or entity named as the Customer on that order and they represent the person or entity making payment for the order and they represent the person or entity receiving delivery of the products or services ordered (all of which persons or entities will be treated as the ‘Customer’ for the purposes of these terms and conditions). The person or persons placing the order further warrants that they are authorized by the Customer to place the order and to bind the Customer to these terms and conditions.
The Customer acknowledges that at the time of placing an order to purchase a product or service from Unified IT the Customer was already aware of or was made aware of the existence of these terms and conditions and agreed to be bound by them.
A reference in these terms and conditions to Unified IT is a reference to the trading name of Unified IT Pty Ltd (ABN 23 710 083 895).
These terms and conditions regulate the agreement created by the Customer placing an order with Unified IT.
All products and services are supplied on the basis of these terms and conditions. Previous versions of Unified IT’s terms and conditions do not apply. Modification of these terms and conditions are only permitted with written approval of the Chief Operating Officer, Chief Executive Officer or Information Technology Manager of or a director or secretary of Unified IT Pty Ltd which is addressed to the Customer by name.
Unified IT will only proceed to order goods from its suppliers after receiving a purchase order in written form acceptable to it (eg, in writing, by email, fax, mail or other permanent form) which authorizes Unified IT to proceed with supplying and delivering the products or services ordered by the Customer in accordance with these terms and conditions.
2) Return or Exchange of Goods.
Unified IT will refund or credit (at its option) the price of products returned within 7 days provided the products are in their unopened original (pristine) condition and original packaging, are the current version, are not set to Customer configurations and are not a special item of hardware or a clearance item. In any other case Unified IT is not obliged to accept return of the products but may, at its option, attempt to arrange for the return of the products to the manufacturer and if the manufacturer agrees to accept return for its original supply price a refund or credit will be allowed to the Customer subject to a restocking fee of up to 25% being charged by Unified IT. In all cases the Customer must pay the cost of insuring in transit and of returning the products to Unified IT and of Unified IT insuring in transit and dispatching exchanged products to the Customer. Please note that due to copyright and licensing restrictions where the plastic seal of a software package is broken no return or exchange is permitted. In the case of faulty or defective software Unified IT will exchange the software for a working copy of the product.
All products supplied by Unified IT are supplied to meet the specifications provided by the Customer in their order. Any information provided by Unified IT in respect of any product is given to assist the Customer in selecting a product the Customer considers will meet their needs and is not intended to replace the Customer’s own investigation of the suitability of the product for the Customer’s intended purpose. Unified IT is not qualified to provide and does not purport to provide any advice on the suitability of any of its products to meet the particular requirements of the Customer.
Descriptions of products are based on information supplied by the manufacturer or supplier and may contain technical inaccuracies or typographical errors. Unified IT relies on the manufacturer or supplier to present the characteristics of the products its sells and does not undertake testing or verification procedures. While every effort is made to accurately pass on up to date manufacturer and supplier information Unified IT cannot take responsibility for misstatements or errors in the product or pricing information given.
4) Warranty Information
All products sold by Unified IT are covered by the manufacturers’ warranty that accompanies the product. Unless otherwise stated in the product documentation Unified IT makes no additional or independent warranty. Save to the extent it is obliged to do so by law Unified IT 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, products that are found to be defective on arrival can generally only be exchanged if we are notified within 2 days of invoice (or in the case of pre-payment within 2 days of delivery). It is in your interest to verify that all products are in good working order at the time of delivery and report defects to the carrier or direct to us. After 2 days the manufacturer’s warranty process must be followed unless we agree otherwise. The invoice date will be taken to be the date of delivery for products not pre-paid unless the Customer demonstrates otherwise to Unified IT at time of receipt of the invoice.
5) Delivery of Products & Cancellation of Orders.
We place great importance on the fast and reliable delivery of Customers orders. Despite this delivery times given by us are estimates only. Unified IT will use its best endeavours to meet any nominated delivery time by dispatching ordered products in good time however delays which are beyond its control or could not reasonably be anticipated are not its responsibility and will not constitute grounds for the Customer to cancel an order or make any claim. Unified IT may decide to dispatch orders by partial deliveries and invoice them separately. Delivery charges are identified as a separate item on invoices.
If the Customer fails or refuses to take delivery of products ordered or cancels an order more than 2 days after placing an order, then in addition to all other rights and remedies of Unified IT, the Customer shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by Unified IT as a result thereof. Unified IT, at its discretion and in any event, is entitled to also charge a restocking fee or cancellation fee of up to 25% of the purchase price of the order to cover its and its supplier’s related warehouse and administrative costs.
The products shall be at the Customer’s risk upon delivery to the Customer’s nominated delivery point. Unless the Customer reports a defect in the products delivered within two (2) days of delivery the products will be deemed to have been delivered to and accepted by the Customer in good order and condition.
The Customer agrees that delivery is to be treated as effected by Unified IT (or its carrier) handing possession of the products to a person apparently over the age of 16 who is apparently employed in or in occupation of the nominated delivery address. In the event that the Customer specifies a form of delivery where no person will be able to acknowledge receipt of the delivery of the products then a certificate by Unified IT’s carrier confirming delivery in the manner specified will be deemed to be effective delivery to the Customer. Where no person is present to receive a delivery of the products or where specified delivery instructions cannot be complied with Unified IT may charge the Customer for the cost of re-delivery and any date for delivery is deemed to be extended by any reasonable time necessary to again arrange for delivery to the Customer.
6) Title of Goods – Failure to Pay.
Any products delivered to the Customer are to be held by the Customer on trust for Unified IT and the Customer is responsible for them as if as bailee until their full price has been paid. For so long as the Customer holds the products on trust for Unified IT the Customer is required to immediately deliver up the products to Unified IT on demand. Any failure of the Customer to deliver up the products as required will constitute a breach of trust and a conversion of Unified IT’s products and entitle Unified IT to obtain an order for the immediate return of the products to it and or in default of return an order for full payment of any amount owing for them. Any actual conversion of the products by the Customer will create a trust in favour of Unified IT in respect of the proceeds of that conversion. As trustee the Customer is liable to Unified IT in respect of any loss or damage done to the products until they are returned (unless fully paid for). In the event that the products are returned the Customer must pay, in addition to compensation for any damage and any legal costs, 25% of the full price to cover Unified IT’s and its supplier’s administrative and warehouse costs together with any difference between the original price paid and their resale value. The Customer expressly authorizes Unified IT to enter into any property at which the products held on trust by the Customer are stored and to remove those products. The Customer must pay Unified IT’s legal costs of pursuing any of its rights under this clause on a solicitor own client basis.
7) Prices and Quotes
Quotes, when given, are valid for the time period stated thereon.
All orders placed with Unified IT are subject to acceptance. Representations made concerning product features, their availability and pricing are subject to change at any time without notice. Unified IT reserves the right to cancel any order due to inadvertent error or omission in pricing or other details provided in respect of products.
If Unified IT is for any reason beyond its control unable to fill an order it has accepted it will attempt to procure an available product of a similar quality having the same or better performance characteristics and will not be liable for minor differences in models or features. Unified IT reserves the right to cancel any order accepted by it should a suitable product become unavailable at any particular time.
In the event that Unified IT cancels any order it will only be liable to the Customer to refund or credit all amounts paid to it by the Customer in respect of that product.
8) Acceptance of Orders
Unified IT is not to be taken to have accepted an order placed by the Customer only because the Customer provided payment in conjunction with placing the order. Unified IT reserves the right to decline to accept an order and to refund any payment provided without designating any cause. Acceptance or rejection of an order will be communicated to a Customer in such manner as Unified IT may choose including by the filling of that order.
The price for all products ordered by the Customer must be paid for in accordance with any applicable terms of placing the order. Otherwise payment must be made on delivery unless otherwise specified on Unified IT’s invoice. Unified IT may permit payment to be made at some other time or upon the happening of a specified event (if any) as stated on Unified IT’s acceptance of an order or on the relevant invoice. Where a continuing Credit Agreement is operating between Unified IT payment may be made, where permitted, in accordance with the terms of that agreement. The Customer is not permitted to make or claim any reduction in the amount payable (whether in the nature of set-off, contra or otherwise).
Payment is required to be made in such manner as Unified IT specifies from time to time including in any manner described on Unified IT’s website, order forms, invoices or order acceptance documents. In addition to any other rights or remedies of Unified IT in the event of the Customer’s default in payment Unified IT is entitled:
- To charge interest on all amounts outstanding by a Customer to it at the flat rate of 0.0411% per day (15% per annum) until payment is made; and
- To be paid all costs incurred in attempting or achieving collection of payment (such as but not limited to collection agency fees and legal costs on a solicitor own client basis, cheque dishonour fees, etc).
10) Limitation of Liability.
In case of any product defect Unified IT will not, under any circumstances, be liable for special, incidental, or consequential damages to the Customer or any third party including loss of profit or opportunity, even if it has been advised of or should have foreseen the possibility of the potential for such loss or damage. The maximum liability for all direct damages, if any, claimed in 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, Unified IT’s liability for any such breach of any implied warranty term or condition shall be limited, at its sole discretion, to any of the following:
- Replacement of the products or any part thereof;
- Supply of equivalent products or any part thereof;
- Repair of the products or any part thereof;
- Payment of the cost of replacing the products or acquiring equivalent products or any part thereof;
- The payment of the cost of having the products or any part thereof repaired; or
- Refund of the price paid for the products upon return in accordance with and subject to these terms.
Unified IT does not seek to exclude or limit the application of any provision of the Trade Practices Act 1974 (Cth) or the Fair Trading Act 1999 (Vic) where to do so would contravene that statute or cause any part of this clause to be void.
Unified IT makes no express warranties other than those described as made by it as referred to in clause 4 and 12. Unified IT otherwise excludes any other conditions, warranties and terms implied by statute, general law, international convention or custom except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void.
11) All Sales Made in Victoria.
All sales shall be deemed made in the state of Victoria. Australia regardless of the location of the Customer. The Customer agrees that any dispute with Unified IT shall be brought by the Customer exclusively in the state or federal courts situated in the State of Victoria, Australia and be determined by the application of the laws in force in Victoria, Australia.
Unified IT warrants that it has good title to all the 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.
The Customer consents to Unified IT retaining all information received from the Customer in accordance with its published privacy policies and any applicable privacy laws. Whilst Unified IT will use its best endeavours to enforce strict compliance by its staff and contractors with those guidelines it is not possible to absolutely guard against potential misuse of information due to the possibility of unauthorized acts by individuals. You the Customer agree that Unified IT will not be held responsible or be held liable for any loss or damage caused to the Customer as a result of the actions of any servant or agent of Unified IT or any other third party failing to comply with those privacy policies or any applicable privacy laws.
You the Customer warrant that all information provided by you to Unified IT which is of a personal nature is provided in compliance with all applicable privacy laws and you agree to indemnify Unified IT against all expenses, losses, damages or costs (on a full indemnity basis) that Unified IT may incur as a result, directly or indirectly, of a breach by the Customer of that warranty. Until the Customer notifies Unified IT to the contrary the Customer agrees to receive electronic communications from Unified IT in the form of advertising material.