Terms and Conditions
TERMS AND CONDITIONS
By placing an order with Easypos Point of Sale Systems (the "seller"), you are accepting these terms and conditions. Your existing statutory rights are not affected by these conditions.
1.1 The "seller" translates to Easypos Point of Sale Systems.
1.2 The "buyer" translates to any person or organisation who accepts a quotation for goods by the seller or whose order for goods is accepted by the seller.
1.3 "goods" means any products or services, which the seller is to supply to the buyer.
1.4 "conditions" means the terms and conditions set out below and any special or additional conditions agreed in writing by the seller.
1.5 "writing" includes by mail, fax or email.
2.1 These conditions apply to all contracts for sale of goods between the seller and buyer.
2.2 No employee or agent of the seller is authorised to make any representations concerning goods on the seller's behalf unless such representations are confirmed in writing by the seller.
2.3 Until despatch of goods by the seller of goods to the buyer or the buyer's acceptance in writing of any quotation of the seller (whichever shall first occur) no contract for the sale of goods shall arise.
2.4 On the buyer accepting delivery of the goods such acceptance shall be deemed as acceptance of these conditions.
3.1 The price for the goods shall be that on the seller's current price list unless otherwise agreed in writing by the seller.
3.2 All prices are inclusive of GST (when stated as "inc. GST") and charges for postage, packaging and carriage, all of which shall be paid in addition.
3.3 Shipping and delivery costs are calculated and determined by weight, size and destination.
4.1 Payment must be made in full of any order before the seller fulfils the order (Australian Government & Department of Education exempt).
4.2 Payments will be made via PayPal, credit card (Visa, MasterCard, American Express) or Apple Pay.
5.1 The seller shall not be liable for any losses consequential or otherwise arising directly or indirectly out of any failure to meet an estimated delivery date. The seller reserves the right to make delivery in advance of the quoted delivery date on giving reasonable notice to the buyer.
5.2 Unless otherwise agreed in writing deliveries may take place at the buyer's premises up until 6.00 p.m. on the date of delivery. In the event of the buyer not accepting delivery on the delivery date the first attempt at delivery is to be considered as the delivery date for the purpose of invoicing.
5.3 The seller shall make delivery of the goods to the buyer's address and the buyer shall make arrangements to take delivery of the goods at that address upon the same being tended for delivery.
5.4 The method of despatch of all goods shall be at the seller's absolute discretion.
6. OWNERSHIP AND RISK
6.1 Upon delivery of the goods to the buyer or upon the goods being retained at the seller's premises at the buyer's request the risk in the goods shall pass to the buyer.
6.2 The title of the goods remain under the seller’s ownership until the invoice for the goods has been paid in full by the buyer.
6.3 Until full payment for any goods has been made in whole, the buyer shall not pledge, charge by way of security or in any other way encumber the goods which remain the property of the seller.
7.1 The buyer understands that the seller is not the manufacturer of the products purchased by the buyer and the only warranties offered are those of the manufacturer, not the seller. In purchasing the product, the buyer is relying on the manufacturers specifications only and is not relying on any statements, specifications, or photographs representing the products that may be provided by the seller. The seller and its affiliates hereby expressly disclaim all warranties express or implied, related to products sold by third parties or affiliates of the seller, including, without limitation, any warranty of merchantability or fitness for a particular purpose, or warranty of non-infringement. This disclaimer does not effect the terms of the manufacturer's warranty, if any.
7.1.1 The seller accepts no liability for any defect arising on errors or omissions in any drawing specification or design supplied by the buyer to the seller.
7.1.2 The seller will accept no responsibility for any defect in the goods arising from wilful damage, neglect, failure to follow manufacturer's instructions, abnormal working conditions or abuse or alteration or repair during the manufacturer's warranty period without the seller's written approval.
7.1.3 The benefit of any warranty or guarantee given by the manufacturer of the goods will be passed to the buyer on delivery of the goods to the buyer.
7.1.4 Save as provided in these conditions and save and except where the buyer is dealing as a consumer all warranties, conditions or other terms implied by statute, common law or otherwise are excluded to the extent permitted by law.
7.1.5 Save in respect of death or personal injury caused by the seller's negligence the seller shall not be responsible for any incompatibility of use issues or held liable to the buyer by reason of any representation or any implied warranty, condition or other term or any duty of common law for any direct or indirect special or consequential loss or damage expenses or other claims for compensation whatsoever whether caused by negligence of the seller, its employees or agents or otherwise which arise out of or in connection with the supply of goods or their use or resale by the buyer of whatsoever nature.
7.1.6 Liability of the seller shall never exceed the price of the goods unless otherwise specifically agreed in writing by the seller.
7.1.7 If the buyer is to request any warranty claim from the manufacturer, the seller must also be notified of such events.
7.1.8 If software support was provided by the seller, the seller has the right to transfer the support to the software provider.
8. FORCE MAJEURE
8.1 The seller shall not be liable to the buyer or held to be in breach of the contract by reason of any delay in performing or failure to perform any of the seller's obligations in respect of the goods if such delay or failure was due to any cause beyond the seller's reasonable control.
9. CANCELLATION OF CONTRACT/RETURN OF GOODS/REPLACEMENT OF DEFECTIVE GOODS
9.1 No contract may be cancelled once it is accepted by the seller and no goods may be returned save at the absolute discretion of the seller.
9.2 NON-DEFECTIVE GOODS
The seller will only accept the return of non-defective goods under the following conditions:
9.2.1 The buyer must obtain a goods return number from the seller which number must clearly be displayed on each parcel to be returned. The goods must be returned in the manufacturer's original packaging in unopened condition complete with any accessories, manual and other documentation. Software packages must have the software seal in tact. If these conditions are not complied with, returned goods will be rejected.
9.2.2 Goods are returned in new condition, including all the original box contents and packaging (unmarked, undamaged and not stained), the warehouse staff may retain the right not to accept the returned products, and may result in the RMA being cancelled, and returned at the buyers own cost.
9.2.3 If in the opinion of the seller damage has been caused to the goods during transport from the buyer to the seller the buyer will remain liable for the full cost of the goods or at the discretion of the seller cost of remedying any damage.
9.2.4 If the seller accepts the return of goods (other than on the grounds of defect) the seller reserves the right to charge minimum handling and restocking fee of 25%.
9.2.5 Unless otherwise agreed in writing by the seller, no credit for return goods will be given in the case of goods returned after 14 days, other than by reason of defect.
9.2.6 Software, POS Terminals, Labels, Ribbons and Labour charges (including on-site support contracts) cannot be returned or refunded, unless it is DOA (Dead on Arrival), warranty defective, or damaged in transit.
9.3 DEFECTIVE GOODS
9.3.1 Any alleged Dead on Arrival ("DOA") goods with a manufacturers warranty, must be notified to the seller within 7 days from the date of delivery. In the event that delivery is not refused and the buyer fails to notify the seller within the time stated no rejection of the goods will be accepted and the full purchase price shall be payable by the buyer.
9.3.2 In the event that any valid claim is notified to the seller based on the goods delivered under the contract being defective the seller shall at their discretion be entitled to replace the goods free of charge or refund the buyer the price of the goods and the seller shall have no further liability to the buyer.
9.3.3 The buyer shall retain the goods in respect of which allegation of defect is made together with the original manufacturer's packaging for a reasonable time to enable the seller or its agent to inspect the goods or to arrange for the goods to be collected from the buyer if the seller would so require.