Supply Sale Terms & Conditions
​
-
DEFINITIONS & INTERPRETATION
1.1 In these conditions:
(a) “Seller” means Taylor Mafe Sales Pty Ltd ABN 41 107 435 978 which is the seller of the Goods.
(b) “Client” means a corporation or person which is the Buyer of the Goods.
(c) “Goods” means the products, including all hardware and software components and associated integration and support services, as specified within the purchase order.
1.2 The contract for sale of the Goods is made in the state of Victoria.
-
TERMS OF SALE
2.1 The Goods and all other products sold by Seller are sold on these terms and conditions, and to the extent not inconsistent, the terms and conditions of any purchase order provided by the Seller which is attached or referenced.
2.2 These conditions (which shall only be waived in writing signed by the Seller) shall prevail over all conditions of the Clients’ order to the extent of any inconsistency.
-
PRICING AND PAYMENTS
3.1 Unless otherwise stated all prices quoted by the Seller are net, exclusive of Goods and Services Tax (GST).
3.2 The Seller reserves the right to requote in the event of any +/- 2 cent AUD currency fluctuation from date of quote.
3.3 Unless otherwise agreed payment terms are strictly fourteen (14) days from date of invoice.
3.4 Unless otherwise agreed quotations are valid for 14 days only
-
CONFIDENTIALITY
Both parties acknowledge that information within this agreement is confidential and both parties agree that it will not, directly or indirectly, without the prior written consent of the other party, use, disclose, publish or permit the use, disclosure or publication of any information pertaining to this agreement to persons other than its employees and professional advisers responsible for evaluating this proposal.
-
DELIVERY
5.1 The delivery times made known to the Client are estimates only and the Seller is not liable for late delivery. The Seller will notify the Client of any delay to the delivery times if it becomes aware of any such delay.
5.2 The Seller may deliver the Goods to the Client in any number of instalments.
-
GUARANTEE
6.1 If the Goods are not manufactured by the Seller, the guarantee of the manufacturer of those Goods is accepted by the Client and is the only guarantee given to the Client in respect of the Goods. The Seller agrees to assign to the Client the benefit of any warranty or entitlement to the Goods that the manufacturer has granted to the Seller under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.
6.2 The Seller is not liable for and the Client releases the Seller from any claims in respect of faulty or defective design of any Goods supplied unless such design has been wholly prepared by the Seller and the responsibility for any claim has been specifically accepted by the Seller in writing.
-
THIRD PARTY CONDITIONS
7.1 If the Seller is not the manufacturer of the product, the Client shall be bound by any third-party conditions imposed by the manufacturer of the product such as end-user license, use or support agreements.
-
LIABILITY
8.1 Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010) and which by law cannot be excluded, restricted or modified.
-
RIGHTS IN RELATION TO GOODS
9.1 The Seller reserves the following rights in relation to the Goods until all accounts owed by the Client to the Seller are fully paid:
(a) Ownership of the Goods;
(b) After prior written demand, to enter the Client’s premises (or the premises of any associated company or agent where the Goods are located) without liability for trespass and retake possession of the Goods; and
(c) To keep or resell any Goods repossessed pursuant to (2) above.
-
RETURNED GOODS
10.1 The Seller is not under any duty to accept Goods returned by the Client and will do so only on terms to be agreed in writing in each individual case.
10.2 If the Seller agrees to accept returned Goods from the Client, the Client must return the Goods to the Seller at the Seller’s place of business with all original packaging and materials.
10.3 If the Seller agrees to accept returned Goods from the Client, the Client must pay a restocking fee equivalent to 20% of the purchase price of the Goods except where the Goods are returned pursuant to Clause 8.
-
CANCELLATION
11.1 No order may be cancelled except with consent in writing and on terms which will indemnify the Seller against all losses.
CONTACTING US
If you have any questions about the Terms and Condition, or your dealings with Taylor Made Sales Pty Ltd, please contact us at accounts@taylormadesales.com.au.
​
​
​