The customer agrees to purchase the items in the attached schedule, hereafter referred to as “the Equipment”, from CustomTec Pty Ltd according to the following terms and conditions.
1. General: The placing of an order with CustomTec is deemed to be an acceptance of these terms and conditions by the Customer. No variation of these terms and conditions will be binding unless expressly accepted by CustomTec in writing.
2. Prices/Exchange Fluctuations: All prices are subject to adjustment in the event of any adverse exchange rate fluctuations. In the event that any item is to be imported and there is an adverse exchange rate fluctuation in respect of the applicable currency then CustomTec will be entitled to adjust the price(s) to fully compensate for the fluctuation and the customer shall pay the adjusted price.
3. Validity: All prices quoted are valid for seven (7) days from the date of this agreement or any longer period specifically specified in the agreement.
4. Delivery: Equipment is available ex CustomTec premises. Prices do not include delivery unless expressly stated in the agreement.
5. Payment terms: Payment for all items shall be on acceptance of the Quote except where a CustomTec account has been approved. Payment shall then be in accordance with the terms of the account. Ownership of the equipment shall not pass to the Customer until payment is made in full, including all applicable duties, taxes, delivery charges and adjustments.
6. Cancellation: Cancellation of orders will not be accepted.
7. Copyright: In the event that any item of the Equipment, or a component, contains or constitutes a copyright or licensing agreement then all rights in respect of that copyright or license are reserved. The Customer shall not do or authorise anything which contravenes such copyright or license.
8. Special License: If any item of equipment contains a copyright work or has any component to which industrial property rights apply then the Customer may only use the item in accordance with the Supplier’s licensing. The Customer shall not do, authorise or permit anything to be done to contravene such licensing.
9. Equipment Warranty: All items are supplied are supplied with the original manufacturer’s warranty. CustomTec will not be responsible for any additional warranty and will not be liable for complying with the terms of such manufacturers warranties.
10. Consulting Services: CustomTec supplies implementation services, and associated consulting services on a best endeavours basis. No warranty will be made in respect of these services and no liability will be accepted for the use that the Customer makes of these services except where professional neglect can be demonstrated. In these circumstances CustomTec liability will be limited to replacement of defective material and/or services. No liability will be accepted for consequential damages or losses arising out of the provision of these services.
11. GST: All prices quoted unless otherwise stated are ex GST.