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Lexmark agrees to sell under the following terms and conditions:
1. Ordering
1.1 Minimum purchase order value is $20 (excluding sales
tax or GST).
2. Delivery and Payment
2.1 Unless otherwise agreed, we (Lexmark) have the right
to select the method of delivery and the carrier.
2.2 While we shall endeavour to meet the delivery date indicated,
we shall not be responsible for any loss or damage suffered
as a result of the failure to meet any delivery date.
2.3 Risk in the equipment passes to you on delivery. Title
in the equipment will not pass to you, but will remain with
us, until you have made payment in full of all money owing
to us in relation to the equipment. Until title in the equipment
passes to you, you must store and separately identify the
equipment so as to indicate that it is our equipment.
2.4 You agree to pay all prices and charges in accordance
with our invoice or as we otherwise specify. If any government
authority imposes a duty, tax (other than income tax) or
fee on this document or any equipment or services provided
by us to you, you agree to pay it when we invoice you. You
must also pay to us, in addition to the fees payable under
these terms and conditions, the amount payable by us as
GST on any form of supply whatsoever provided by us under
these terms and conditions for consideration. You must pay
that additional amount at the same time and in the same
manner as the consideration for the supply to which the
additional amount relates. We will give you a tax invoice
for each supply made by us in a form which complies with
the requirements of a New Tax System (Goods and Services)
Act 1999. In this clause 2.4, GST means a goods and services
tax under A New Tax System (Goods and Services) Act 1999.
2.5 If you fail to pay for any of the equipment or services
in accordance with our invoice or as we otherwise specify,
we may refuse to deliver further equipment and refuse to
perform further services until payment is made to our satisfaction.
You also agree to pay interest to us on any overdue amounts
at the rate of one percent (1%) per calendar month.
2.6 If you become or be in danger of becoming the subject
of some form of insolvency administration, we may repossess
any product in your possession, custody or control wherever
it is located for which full payment has not been made.
2.7 Except as provided to the contrary in this agreement,
any claim in respect of the equipment is to be notified
in writing to us:
(a) within 24 hours of delivery for claims that the delivered
quantity is different to the ordered quantity;
(b) within 7 days of delivery if you suspect a defect
in the equipment; or
(c) within 30 days of delivery if you suspect a misdirected
shipment, or shipment of less than ordered quantity where
a Proof of Delivery (POD) note is required.
2.8(a) Upon receipt of your notification under clauses
2.7(a) or (c), if we find that the delivered quantity does
not conform to the ordered quantity we shall authorise return
of the equipment or a credit as appropriate; and
(b) Upon receipt of your notification referred to in 2.7(b),
we shall authorise return of equipment, which we find to
be defective. All equipment, which is returned in accordance
with our authorisation under this clause, is to be returned
within 7 days of delivery, unless we extend the time. Freight
and insurance shall be prepaid by you and we accept no risk
in respect of equipment, which is being returned.
2.9 We shall endeavour to replace or repair at our option
and our expense, equipment which we find to be defective
and which has been notified to us as defective by you in
accordance with clause 2.7. This clause 2.9 shall not apply
if the defect is the result of your improper use, mismanagement
or modification of the equipment not authorised by us or
the subjection of the equipment to unusual or unrecommended
environmental or electrical stress.
2.10 Any costs associated with the receipt and transmission
of copies of invoices, credit notes, consignment notes,
delivery dockets or any other document reasonably expected
to be in your possession will be charged at a rate determined
by us, and notified to you, from time to time.
2.11 Our rights under this clause are in addition to any
legal right or remedy otherwise available to us.
2.12 All bank charges incurred by Lexmark in relation to
direct deposit method of payment are to be paid by the customer.
3. Terms of Trading (as shown on front of invoice)
4. Warranty and Limitation of Liability
4.1 The statement of our warranty to you in relation to
the equipment is 90 days from date of purchase. Details
of our warranty are available from us on request.
4.2 Except as provided to the contrary in this agreement,
all terms, conditions and warranties whether express or
implied, relating to the equipment or to this agreement
are excluded. Subject to clause 4.3, we shall not be under
any liability to you in respect of any loss or damage (including
consequential loss or damage) however caused (including
by negligence) which may arise directly or indirectly in
respect of the equipment or our failure to comply with our
obligations under this agreement.
4.3 Where any Act of Parliament implies in this agreement
any term, condition or warranty, and that Act avoids or
prohibits provisions in a contract excluding or modifying
the application of or exercise of, or liability under such
term, condition or warranty, such term, condition or warranty
shall be deemed to be included in this agreement. However,
our liability for any breach of such term, condition or
warranty shall be limited, at our option to any one or more
of the following:
(a) If the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent
goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or
of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
and
(b) If the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied
again.
4.4 Extended Warranty Not available on spare parts
5. Intellectual Property Indemnity
5.1 We provide a limited intellectual property indemnity
on our equipment against an allegation that the equipment
infringes the intellectual property rights of a third party
in Australia on the condition that you co-operate with any
proceedings or settlement negotiations which may result.
Details of the intellectual property indemnity are available
from us on your request.
6. Return of Goods
6.1 Lexmark has a firm no return policy for goods that
are incorrectly ordered or no longer required by the customer.
Lexmark may however, under certain circumstances, agree
to the return of goods in this category.
6.2 If Lexmark agrees to the return of goods, a charge of
$50.00 or 10% of the value of the goods being returned (whichever
is the greater) will be deducted from the credit to cover
the initial shipping cost and administration.
6.3 All goods being returned must be in as new condition
and in original packaging.
6.4 For a full understanding of the Goods Return Procedure
and to obtain an L.R.A. (Lexmark Return Authority), please
call Lexmark Spare Parts Group on 1300 362 192.
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