A03 INDEPENDENT COMPUTER SEARCH PTY LTD
CONDITIONS OF SALE
otherwise agreed in writing by A03 Independent Computer Search Pty Limited
("A03 I.C.S"), these Conditions override any terms and conditions
appearing in A03 I.C.S' catalogue or elsewhere or referred to by the Buyer
whether in the order or in any negotiations. These Conditions apply to all
agreements for the supply of goods by A03 I.C.S. and shall be varied only where
such variation is in writing and signed by a Director of A03 I.C.S.
All orders for goods placed by
the Buyer with A03 I.C.S are subject to acceptance by A03 I.C.S, which may be
withheld by A03 I.C.S in its absolute discretion. Any acceptance of an order by
a representative of A03 I.C.S shall only be a conditional acceptance of the
order and shall be subject to A03 I.C.S considering the Buyer's credit status.
Buyers may request A03 I.C.S to confirm that particular orders have been
accepted unconditionally but, unless A03 I.C.S does so, the unconditional
acceptance of the Buyer's offer will only be deemed to occur upon delivery of
the goods to the Buyer.
price list or other document published by A03 I.C.S does not constitute a
representation by A03 I.C.S that the goods detailed in such publication are
available to the Buyer and A03 I.C.S shall not be bound by any order for goods
based upon or which refers to any such material. The Buyer acknowledges the
manufacturer may at any time and without notice to A03 I.C.S vary the
composition of or packaging for the goods (or components for the goods) and
that A03 I.C.S does not undertake that any goods supplied to the Buyer will be
identical to those previously purchased or advertised.
Orders can be placed with A03 I.C.S via fax or email. Faxed/Emailed orders
should be an official company purchase order and include the following
Company Details including ABN
Purchase Orders number and date
Product code, description and quantity
Price (if the price quoted varies from the product's current price, A03 I.C.S
sales representative will contact the purchaser before the order is entered
into the system)
Any special delivery instructions
Part Shipment or One Consignment (Note: All orders will be part shipped unless
advised in writing on your purchase order and delivery charge will apply to
each separate shipment.)
Provide Payment details
correct or Cancel an order, it must be in writing and faxed to A03 I.C.S. You
must resubmit your original order and specifies clearly:
What changes are on your order or
Cancel this Order
Corrected or Cancelled orders that have already been shipped are subjected to
A03 I.C.S Cancellation of order &
Returns Policy below)
2A .1 C.O.D. orders are constituted as
20% of the value of any out of stock, non-stocked or special
ordered product/s are considered as an up front deposit, the remaining balance
of the order are subject to be paid in full prior to Ao3 dispatching the goods
to the buyer
requests for out of stock, non-stock or special
ordered product/s are deemed as a non cancellable order unless previously
authorised in writing by an Ao3 authorised representative
(c) Buyers will be charge 20%
cancellation handling fee (Percentages are bases upon the average costs
incurred to Ao3). Total percentage of cancellation handling fee will be
invoiced and paid by the Buyers though the up-front deposit (Ref - 2A.1.(a)).
2A .2 Refund – of cancelled C.O.D. order.
Buyers are entitled to a store credit for the amount of the
purchased product/s on the relevant invoice.
Condition of sale are subject to clauses set
out in 2A.1.(a). Buyer’s whom request refund as
alternative to store credit are responsible and agree to the following
conditions, which will apply without exception & without prejudice:-
(a) All charges
incurred in relation to refunding the buyer, such as bank charges will be paid by the buyer
though the up front deposit (Ref - 2A.1.(a)).
(b) A03 I.C.S shall be indemnified
from all liability for any delay of the refund processes whether arising
directly or indirectly from A03.
(c) The Buyer shall supply full
banking details as requested by Ao3, such details as may be necessary to
(d) Refunds are processed on the 15th and 30th of every month, or the nearest following business day from those dates, unless otherwise advised by A03.
2A.3 Refund or Cancellation – Invoiced
& dispatched order/s
2A.3.1 Once order/s have been dispatched by A03 or
any parties authorised by Ao3, if the said Buyer fails to take receipt of delivery of the
goods invoiced, under any circumstances. Such as no authoring signature obtained at said
delivery address which was given & confirmed as per the original order
being accepted with Ao3. If the delivery fails due to inadequate delivery
instructions as per the original order, without prejudice to any other rights
available to A03 I.C.S, A03 I.C.S may:-
Store the goods until actual delivery and charge
the Buyer for the reasonable costs (including insurance) for storage; or
Sell the goods at the best price readily
obtainable and charge the Buyer for any shortfall below the agreed price.
2A.3.2 Buyers are deemed responsible for the following:-
All Freight charges will be paid by the client
(including all attempted delivery) with no refund or store credit to be offered
Invoiced and dispatched goods are not subject to
cancellations as legal or equitable title to the goods are passed to the Buyer
after A03 has received cleared funds from the Buyer in full payment for the
goods, as well as payment of all charges for goods previously supplied to the
Buyer and due to A03.
If Buyers refuse to accept delivery under any
circumstance, without prejudice to other rights available to A03, A03 I.C.S
Applied 20% restocking fee of the product/s
Full delivery charges (including any re-delivery
charges) shall be paid by the buyer.
Ao3 shall also apply any additional charges
which are incurred to A03 that are not included in the section 2A.3.2.C(a)
Total charges will be invoiced and paid by the
Buyers though the up-front deposit. (Ref - 2A.1.(a)).
The price of the goods
shall be as set out in the price list current at the date of placement of the
order. A03 I.C.S reserves the right by written notice to the Buyer at any time
prior to delivery, to increase the price of the goods to reflect any increased
cost to A03 I.C.S (such as, without limitation, any foreign exchange fluctuation,
alteration of duties, increase in costs from the manufacturer).
Goods and Services Tax (GST) will be charged at the appropriate rate ruling at
the time of invoice.
Prices are inclusive of all imposts charges and duties currently applicable. In
the event that the Buyer shall be required to pay A03 I.C.S any such further
amount as may be invoiced to the Buyer.
otherwise agreed by A03 I.C.S in writing, payment must
be made on or before the last day of the payment date as showing on the
invoices. Supply is automatically withheld if payment of your account is in
excess of our stated terms of payment as showing on the invoices. Should
payment not be received within 7 days of supply withheld then any credit
facilities may be withdrawn without notice.
Should the Buyer fail to pay any amount to A03 I.C.S in the period of 60 days
after payment date as showing on the invoices, A03 I.C.S reserves the right to
require the Buyer to pay, and the Buyer shall be liable to pay on demand,
interest on that amount at the daily rate of 3% above the indicator lending
rate charged by Australia and New Zealand Banking Group Limited (or such other
bank as A03 I.C.S may nominate) from time to time.
anything else appearing in these Conditions, payment for all charges shall
immediately become due and payable if the Buyer:-
fails to pay any charges when due under, or is otherwise in breach of, the
Agreement or any other agreement between the Buyer and A03 I.C.S;
is an individual and a bankruptcy application is filed in relation to the
is a body corporate and:
enters into any composition with its creditors, enters into liquidation, or
suffers a receiver, a receiver and manager to be appointed in respect of all or
part of its assets, or an application is made for, or an event occurs which
would allow, any of such persons to be so appointed; or
allows an administrator or similar officer to be appointed in respect of all or
part of its assets, or an application is made for, or an event occurs which
would allow, any of such persons to be so appointed.
any of the information provided to A03 I.C.S to establish the Buyer's credit
status is, in A03 I.C.S' reasonable opinion, false or misleading in any
material particular; and
any of the events referred to in paragraphs (a) or (c) occur in relation to a
guarantor and a replacement guarantee in a form satisfactory to A03 I.C.S is
not provided within 7 days of A03 I.C.S request.
The Buyer shall be liable without demand to reimburse A03 I.C.S for all bank
fees incurred by A03 I.C.S in relation to cheques provided by the Buyer which are
not accepted by the Buyer's bank when presented to it.
Legal and equitable title in all goods and all materials supplied by A03 I.C.S
does not pass to the Buyer until all moneys owing by the Buyer have been paid.
Any time or date named by A03 I.C.S for delivery is given as an estimate only,
and A03 I.C.S shall not be liable to make good any damage or loss whether
arising directly or indirectly out of delay in delivery. The Buyer shall supply
such details as may be necessary (or required by A03 I.C.S) to complete
If the Buyer fails to take delivery
of the goods or fails to give A03 I.C.S adequate delivery instructions then,
without prejudice to other rights available to A03 I.C.S, A03 I.C.S may:-
store the goods until actual
delivery and charge the Buyer for the reasonable costs (including insurance)
for storage; or
sell the goods at the best price
readily obtainable and charge the Buyer for any shortfall below the agreed
is the Buyer’s responsibility to ensure that the Goods ordered correct to its
Delivery times advised to Buyer are
estimates only and A03 I.C.S will not be liable for any loss, damage or delay
suffered or incurred by Buyer or any third parties arising from late or
non-delivery of the Products.
Part Deliveries – A03 I.C.S may
make part deliveries of any order, and each part delivery will constitute a
separate supply of the Products upon these terms.
The Buyer accepts full risk of loss or damage to
the Goods from the time that they removed from distribution warehouse or store
for delivery to the Buyer.
A03 I.C.S shall have the right
to accept any order for the supply of Goods in whole or in part or to decline
any order. Where delivery is made by A03 I.C.S in respect of part only of any
order then these terms and conditions shall apply to the Goods actually
Inspection and Acceptance
The Buyer shall inspect the goods
upon delivery and shall within 5 days of delivery give notice in writing
to A03 I.C.S indicating why the goods are not in accordance with the order
placed by the Buyer. Time is of the essence in relation to this notice. If the
Buyer shall fail to give such notice the goods shall be deemed in all respects
in accordance with the order and the Buyer shall be deemed to have accepted the
In the case of software Products,
test or inspect such software Products upon those Products being authorized by
A03 I.C.S for downloading by Buyer, and must, within 7days of delivery or
downloading (as the case may be), give written notice to A03 I.C.S of any
matter or thing by which Buyer alleges that the Products do not accord with Buyer’s
order. Failing such notice and to the extend permitted by law, the Products
will be deemed to have been accepted by Customer.
Save as provided in this clause 7,
A03 I.C.S shall not be liable to the Buyer or any person claiming under it in
contract or in tort for, or in respect of, any direct, indirect or
consequential loss, damage, expense or injury suffered by the Buyer or any
other person, arising out of or relating to this Agreement, its performance or
non-performance (including due to the negligence or wilful default of A03
I.C.S. ), the goods or any error (whether negligent or not) in information
supplied to the Buyer in connection with its subject matter.
A03 I.C.S warrants to the Buyer that
goods delivered shall be free from defects in materials and workmanship on
delivery. Further warranty may be applicable to the specific products.
The warranty contained in
clause 7.2 is subject to the following conditions:-
(a) A notice of complaint shall be sent
by the Buyer to A03 I.C.S within a reasonable time of the defect becoming known
to the Buyer, setting out the delivery date, such identification of the good as
A03 I.C.S may require and the nature of the complaint; and
(b) The relevant condition not having been
caused by events (howsoever caused) after delivery.
Upon receipt of this material, A03
I.C.S shall review the complaint and if, in its reasonable opinion, a breach of
warranty has occurred, A03 I.C.S shall deliver a replacement good. Save as
provided in clause 7.4, A03 I.C.S' liability for breach of the warranty set out
in clause 7.2 shall be limited in the manner set out in this clause 7.3.
Where conditions or warranties are
implied or other rights are given in respect of the Agreement under the Trade
Practices Act or other laws they are, to the extent permitted by such laws and
subject to clause 7.2, excluded from this Agreement. Where those implied
conditions or warranties are not able to be excluded, A03 I.C.S ' liability for
any breach of a condition or warranty shall, if and to the extent permitted by
such laws, and subject to any qualifications appearing in such laws, be limited
to, at A03 I.C.S' option, the replacement of the goods or the supply of
equivalent goods or the payment of the costs of replacing the goods or of
acquiring equivalent goods.
The Buyer shall keep A03 I.C.S
indemnified in respect of all claims and demands against A03 I.C.S for any
loss, injury, expense or damage arising howsoever (and including any claim or
demand by a subsequent purchaser or consumer whether or not arising from the
default, negligence or conduct of A03 I.C.S or its representatives), in
relation to goods sold by A03 I.C.S to the Buyer.
Save as provided in clause 7, no liability is accepted by A03 I.C.S for any
loss or damage caused directly or indirectly by any inaccuracy in any
description of the goods sold to the Buyer.
8. Returned for
Return of goods to A03 I.C.S will denote acceptance of Terms and
Return Authorisation numbers are valid for seven (7) days from
date of issue.
All goods returned to A03 I.C.S must be accompanied by a Warranty
Return Authorisation Number.
Goods delivered to A03 I.C.S without an RMA number will not be
Cost of returning goods to A03 I.C.S under warranty is the
Goods should be properly packaged for return, as goods damaged in
transit will void warranty.
Goods returned for warranty will be repaired or replaced at A03
Whilst A03 I.C.S will endeavour to return warranted goods to
sender as quickly as possible, temporary replacement items will not be
A copy of original customer invoice must also accompany warranty
All products carry a 12-month warranty period from date of invoice
except as otherwise indicated or advertised.
Goods returned, with No Fault Found will be charged a minimum
service fee of $45.00 + 10% GST per item.
9. Returned for Credit
of goods to A03 I.C.S will denote acceptance
of Terms and Conditions.
Authorisation numbers are valid for seven (7) days from date of issue.
credit requests must be made in writing to your Sales Account Manager.
ordered non-stock items will not be accepted back for credit.
will be issued at A03 I.C.S's discretion and
where applicable a 15% restocking fees will apply.
may be considered as eligible for credit return provided that ALL of the
following criteria are met:
Credit Return Authorisation Number is obtained prior to sending the returned
the goods are returned unopened, undamaged and in original packaging and as
such must not have additional price, warranty, freight and or any other stickers
& tags attached;
and the returned goods are received by A03 I.C.S
within 7 days of receipt of goods.
returned goods are deemed by A03 I.C.S NOT to
be in a re-saleable condition, credit will be denied and it will be the
sender’s responsibility to arrange collection of goods.
A03 I.C.S has mis-shipped products, freight
charges will be paid by the client.
Freight charges will be paid by the client, unless otherwise agreed by A03 I.C.S.
10. Risk and Title
Risk of damage to or loss of the goods shall
pass to the Buyer on delivery or, if the Buyer fails to take delivery, when A03
I.C.S tenders delivery. At such time, the Buyer shall assume all risk and
liability for the goods, and for their use and storage.
No legal or equitable title to the goods shall
pass to the Buyer until A03 I.C.S has received cleared funds from the Buyer in
full payment for the goods as well as payment of all charges for goods
previously supplied to the Buyer and due to A03 I.C.S.
Until the legal and equitable title to the goods
passes to the Buyer, the Buyer shall:-
(a) hold the goods as bailee of A03 I.C.S
returnable at will and without prior demand by A03 I.C.S.;
(b) store the goods in such a manner as
enables them to be readily identified and distinguished from all other goods
held by the Buyer and where such other goods include similar goods previously
supplied by A03 I.C.S. to the Buyer and in respect of which title has passed to
the Buyer then the Buyer shall mark the goods in respect of which title has not
passed in an indelible and legible manner which enable the goods to be readily
identified as goods held as bailee for A03 I.C.S;
(c) upon demand by A03 I.C.S, deliver up
the goods forthwith to A03 I.C.S; and
(d) authorise and the Buyer authorises A03
I.C.S to enter upon the premises where the goods are stored for the purpose of
taking possession thereof.
The rights contained in Clause 8 are without
prejudice to the seller’s other rights and remedies. Any period of credit may
be terminated by the seller by notice in writing and thereupon any amounts
unpaid shall be immediately due and payable to the seller. Notwithstanding
Clause 8 where any part of the invoice price of the goods is due and payable the
seller may at its option elect to take any action to recover the unpaid invoice
price as a liquidated sum. Any failure of the seller to so elect shall not be
construed as a waiver of its right to make a later election to recover any
unpaid invoice price.
Buyer shall, if required by A03 I.C.S, arrange for its liability to A03 I.C.S
to be guaranteed by third persons. This request may be imposed by A03 I.C.S at
Notwithstanding that the Buyer has no right to
require A03 I.C.S to sell goods to it, A03 I.C.S may upon the occurrence of any
of the events set out in clause 4.3 decline to consider any further orders made
by the Buyer and A03 I.C.S shall have the right forthwith to withhold delivery of
goods subject to a pending order, and terminate this Agreement without
prejudice to any claim or right A03 I.C.S. may otherwise make or exercise. This
Agreement shall terminate automatically upon the occurrence of any of the
events set out in clause 4.3(c)(ii).
In particular and without prejudice to the
generality of the foregoing A03 I.C.S shall (in addition to all other rights
vested in it) be entitled to retake possession of all and any goods supplied in
respect of which payment in full has not been made by the Buyer and the Buyer
authorises A03 I.C.S to enter upon the premises where the goods are stored for
the purpose of taking possession thereof.
Any indulgence, latitude or extension of time
which either party may show towards to the other party in relation to any of
the provisions of the Agreement or any matter or thing relating to it or
arising from it shall not in any way prejudice or interfere with the first
party's rights under the Agreement and shall not be claimed to constitute a
waiver of it.
The Agreement shall be governed by the laws of New South Wales and the
parties agree to submit to the jurisdiction of the courts of that State.
The relationship between the A03 I.C.S and the Buyer
shall not be that of principal and agent, or that of partners, nor fiduciary,
but that of seller and buyer and neither party shall, nor has power or
authority to, conclude any contract or agreement or make any commitment,
representation or warranty which binds the other or otherwise act in the name
of or on behalf of the other. Subject to the provision of this Agreement, the
Buyer shall distribute and otherwise make available the goods on its own
If any provision of this Agreement is held by
any court or other competent authority to be void or unenforceable in whole or
in part, the validity and enforceability of the remaining provisions shall not
I.C.S is committed to your privacy. Our policy on the handling of personal
information is to comply with the National Privacy Principles for the fair
handling of personal information as set out in the Privacy Act, 1988. In
given access to their personal information on request. We use the types of
personal information collected for assessing Applications for Commercial
Credit, managing accounts and, if necessary, ensuring our risk in collecting
debts. This information may be disclosed to our related or associated
companies, contractors, other credit providers whether or not your account is
overdue and, if necessary, our Risk Insurers, debt collectors and Credit
Reporting Agencies. If all or part of the information requested is not
provided, we may not be able to consider any application made by you and we may
not be able to process your Application for Commercial Credit. If you have any
Privacy Officer at Office address at PO
Box 6, Cremorne Junction, NSW 2090.