- Introduction: These terms and conditions (“Terms”) govern the sale of computer software, hardware and related service products (“Products”) by itX365 Pty Ltd (“Seller”) to the buyer (“Buyer”). These Terms apply to all offers, sales, and purchases of Products by the Buyer, and shall be deemed to be incorporated into each purchase order, invoice, and other ordering document (collectively, “Order”) for Products.
- Order Acceptance and Cancellation: The Buyer’s placement of an Order for Products constitutes an offer to purchase the Products subject to these Terms. The Seller may accept or reject the Buyer’s offer in its sole discretion. No Order shall be binding upon the Seller until accepted by the Seller. The Buyer may not cancel an Order without the prior written consent of the Seller.
- Product Description: The Products are described in the Order and in the Seller’s catalogs, brochures, and other promotional materials. The Buyer acknowledges that the Products may differ slightly from their descriptions in the Seller’s catalogs, brochures, and other promotional materials.
- Pricing and Payment: The price for the Products is set forth in the Order. All prices are exclusive of taxes, duties, tariffs, shipping, handling, and any other charges unless otherwise stated in writing. The Buyer shall pay the price for the Products in accordance with the payment terms set forth in the Order. If the Buyer fails to make payment in accordance with the payment terms, the Seller may, in its sole discretion, delay delivery or terminate the Order.
- Shipping and Delivery: The Seller shall ship the Products to the Buyer in accordance with the delivery terms set forth in the Order. The Buyer shall be responsible for all shipping, handling, and related charges unless otherwise stated in writing. The Buyer shall inspect the Products upon receipt and shall promptly notify the Seller of any damage or shortage.
- Warranty: The Seller warrants to the Buyer that the Products shall be free from defects in materials and workmanship for a period of [insert warranty period]. The Buyer’s sole and exclusive remedy for breach of this warranty is repair or replacement of the defective Products, or a refund of the purchase price, at the sole discretion of the Seller.
- Limitation of Liability: The Seller’s liability arising out of the sale of the Products shall be limited to the purchase price of the Products. The Seller shall not be liable for any indirect, incidental, or consequential damages, including, but not limited to, loss of profits, loss of business, or loss of use, arising out of the sale of the Products.
- Dispute Resolution: Any dispute arising out of the sale of the Products shall be resolved through binding arbitration in accordance with the rules of the Australian Arbitration Association. The arbitration shall take place in Perth Australia. The award rendered by the arbitrator shall be final and binding on both parties, and judgment may be entered thereon in any court of competent jurisdiction.
- Governing Law: These Terms shall be governed by and construed in accordance with the consumer laws of the Australia.
- Entire Agreement: These Terms, together with the Order, constitute the entire agreement between the parties and supersedes all prior or contemporaneous negotiations, representations, warranties, understandings, and agreements, whether written or oral, relating to the sale of the Products.
By clicking “I agree” or otherwise indicating its acceptance of these Terms,