Standard Terms and Conditions for Products
Customer Acknowledgement
These terms and conditions for goods (“Terms and Conditions”) apply to all sales of products and services (“Products”), and software and firmware (“Software”) by Australian Technology Partnerships (“ATP”) to you (“Customer”). Customer acknowledges agreement with these Terms and Conditions by the placement of an order to purchase Products and Software from ATP. Products are supplied on these terms and conditions only and no person in the employment or otherwise as agent for ATP 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.
Order and Acceptance
Customer can place order on ATP website, by phone, fax or email, or by submitting a complete purchase order to ATP. Receipt of an electronic or other form of order confirmation does not signify ATP acceptance of the Customer’s order, nor does it constitute confirmation of ATP’s offer to sell. ATP reserves the right at any time after receipt of your order to accept or decline your order for any reason, or to supply less than the quantity you ordered of any item, without prior notice.
Payment
ATP accepts all major credit cards including Visa, Master Card and American Express. A surcharge of 3% is applicable for payments made using American Express. The Customer must provide the Customer’s exact billing address and telephone number, which the Customer’s credit card bank has on file. Incorrect information may cause delay in processing the Customer’s order. The Customer’s credit card will be billed upon shipment of the Customer’s order. A fee of $2 will be charged for all credit card transactions declined by ATP’s bank.
ATP accepts direct deposits, money orders, bank cheques, personal cheques and company cheques in AUD only. Orders are processed upon receipt of a direct deposit, money order or bank cheque. For personal and company cheques, please allow up to 10 banking days after receipt for clearance of funds before the order is processed. ATP cannot guarantee the availability of a product by the time funds clear or payment is received. ATP will charge a $35 fee on all returned cheques. The Customer agrees to comply with all reasonable instructions from ATP on how to pay using one of these methods.
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 ATP in delivering any part of the Products) on or before the payment date. In addition to any other rights or remedies of ATP in the event of the Customer’ s default hereunder , ATP shall be entitled:
(a) To charge and recover costs incurred for the collection of payment (such as but not limited to ATP costs in time @ $160ph+GST & materials, 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;
(b) To immediately and without notice retake possession of the Products (and for such purpose the Customer irrevocably licenses ATP, its employees, contractors, servants or agents to enter upon the premises at which the Products are located to so retake possession) and resell the Products 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 ATP as a result of the Customer’s default;
(c) At the sole discretion of ATP charge a restocking fee of up to 25% of the invoiced amount.
(d) At the sole discretion of ATP put the Customer account credit on hold and suspend the supply of goods and services (including RA).
Delivery of Products
We place great importance on the fast and reliable delivery of Customers orders, however please note that delivery times are estimates only and ATP shall not be liable for delays. If the Customer fails or refuses to take delivery of the Products, then in addition to all other rights and remedies of ATP, the Customer shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by ATP as a result thereof and ATP, at its discretion, may charge a restocking fee of 25% of the value of the invoiced amount. The Products shall be at the Customer’s risk at the point of delivery. The Customer, upon taking delivery of the Products, shall immediately examine the Products and give written notice to ATP 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.
Return or Exchange of Goods
ATP 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, hardware, peripheral 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 ATP, a restocking fee of up to 25% of the invoiced amount shall apply. No return or exchange will be accepted after 30 days.
Please note that where the plastic seal of a software package is broken the return or exchange cannot be accepted due to copyright and licensing restrictions unless faulty or defective. In this case we will help the Customer obtain a working copy. Return or exchange of computer hardware and peripherals is sometimes not possible due to third party constraints on ATP (unless faulty). Unless agreed otherwise prior to purchasing, all sales shall be considered firm sales.
Warranty Information
All products sold by ATP are covered by the manufacturers’ warranty that accompanies the product unless otherwise stated. A TP makes no additional or independent warranty. ATP 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.
Due to restrictions placed upon ATP by the manufacturers, hardware that is defective on arrival can generally be exchanged if ATP are notified within 7 days of invoice. Otherwise, the manufacturer’s warranty process must be followed.
Title of Goods
The goods shall remain the sole and absolute property of ATP 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 ATP in respect of any loss or damage to the goods during such bailment.
Errors and Omissions
At ATP, 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. ATP 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, ATP shall maintain the right to refuse or cancel any orders placed whether or not the order had been confirmed and the Customer’s credit card charged. If the order has been confirmed and charged to your credit card, ATP shall immediately issue a refund in the amount charged.
Software License
Software delivered by ATP to the Customer hereunder is licensed, not sold. ATP grants to the Customer a non-exclusive, non-transferable license to use the Software, in object code only, only with the Part purchased by the Customer (the “Hardware”) and only for the purpose of operating the Hardware. Customer shall not modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative work based upon the Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Customer shall not make or distribute unauthorised copies of the Software, and shall acquire no rights or ownership in the Software. Title to and ownership of the Software and all extensions, enhancements and modifications thereof shall remain at all times with ATP and or its licensor.
Intellectual Property Rights
Subject to any license rights expressly granted herein, ATP retains all right, title and interest in all of its patents, trade secrets, trademarks, copyrights, software, inventions, technology, ideas, concepts, know-how, tooling, techniques and other proprietary materials, intellectual property or confidential information.
Limitation of Liability
ATP, shall under no circumstances be liable for special, punitive, indirect, incidental, or consequential damages including, without limitation, damages for PBX or system fraud, lost profits, loss of data, costs of procurement of substitute goods or services, loss of use of equipment or facilities, or interruption of business, arising in any way out of this Agreement under any theory of liability, whether or not ATP has been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy. In no event shall ATP’s liability to customer exceed the amount paid by Customer for the specific part giving rise to such a claim or the fees paid by Customer for the Products giving rise to such a claim.
Subject to any applicable Commonwealth or State Legislation, ATP’s liability for any such breach shall be limited, at its sole discretion, to any of the following:
(a) Replacement of the Products or any part thereof;
(b) Supply of equivalent Products or any part thereof;
(c) Repair of the Products or any part thereof;
(d) Payment of the cost of replacing the Products or acquiring equivalent goods or any part thereof;
(e) The payment of the cost of having the Products or any part thereof repaired; or
(f) Refund of the Products upon return.
(g) 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 ATP shall be brought by the Customer exclusively in the state or federal courts situated in the State of Victoria.
General
ATP warrants that it has good title to all Products it sells. If the Customer should fail to fulfil its obligations under this Agreement and such failure causes insignificant lost time, inconvenience or cost to ATP, then ATP shall be entitled to invoice the Customer its then daily rate for each complete day of such lost time. This Agreement, ATP Shipping and Returns, Service Level Agreement For the Provision of ATP Prepaid Priority Support Services (“SLA”), and Website Terms and Conditions of Use constitute the entire agreement between ATP and the Customer and supersedes all written or oral agreement between the parties. In the event any section or portion of a section of the terms and conditions of this Agreement are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms and Conditions for Products, and the remaining terms shall continue in full force and effect. The current ATP Shipping and Returns, SLA, and Website Terms and Conditions of Use can be viewed at www.austechpartnerships.com.au