DEFO IT SOLUTIONS PTY LTD
Terms And Conditions
1. SALES TERMS
Any order placed with DEFO IT SOLUTIONS PTY LTD, ABN: 20 607 468 799 (“we”, “our”, “us” or “DEFO IT”) constitutes your (“you” or “your”) agreement to be bound by these terms.
These Terms and Conditions apply to all our sale of goods by the company and are the only contractual terms that bind the Company except as otherwise agreed upon in writing. These terms and conditions and those otherwise agreed to in writing by the Company, if any, cannot be excluded by law.
The price of the Products will be as agreed between the parties and where there is no written confirmation of the price, the price will be the amount indicated on the website defoit.com.au/shop or as stated on invoices provided by the Company to the Customer regarding Products ordered.
Prices in Quotations are indicative only based on the quantities of Products specified in the Quotation and prices current at the date of the Quotation.
The Company reserves the right to issue an amended invoice in the case of genuine error on its part in confirmation, quotation or invoicing.
The Company may charge in addition to the price of the Products an amount for delivery and handling at rates dependent on distance and volume of Products supplied. The rates to be applied will be the Company’s usual rates for matters or services of that kind or if there are no such usual rates then reasonable rates. The Company’s usual rates are subject to change from time to time.
Any discount or rebate will only apply if the Customer and the Company agree in Writing.
All goods are sold subject to goods & services tax (GST) unless the goods are classified as GST exempt.
3. CREDIT TERMS
Credit may be given to customers who have their credit application approved by Defo IT prior to ordering goods. Where credit is given, Defo IT standard payment terms of full settlement of account on or by 30 days from purchase of goods shall apply. Any variation to payment terms must be authorised by Defo IT in writing.
Unless otherwise agreed to in writing by the Company or otherwise provided on the Company’s invoices or price lists, payment for the goods and all other costs and expenses payable in accordance with these terms and conditions must be made to the Company:
at the time of purchase in respect of items purchased via the Company’s website
within Thirty (30) days from the date of invoice for account holders
Account payments are accepted by Cheque, Direct Deposit or Credit Card. Credit Card payments are accepted for current invoice payments only, due to the financial charges imposed. Defo IT reserves the right to recover as part of any overdue balance any surcharge charged to it on any credit card payments such rate which may apply from time to time on all account payments made outside Defo IT Standard Terms of Trade by credit card payment. Failure to pay an invoice on the due date entitles Defo IT to suspend delivery, refuse further orders and cancel any existing contract for supply without further notice.
Interest is payable on any overdue balance calculated from the date of purchase at the current prevailing interest rate under the Uniform Civil Procedure Rules 2005 for the whole or part of each month during which any such invoice is unpaid.
Customers may be required by Defo IT to give security and /or surety. Defo IT is entitled to charge an administration fee of $50.00 per overdue invoice and to recover all and any legal and other costs and expenses arising from the collection of any overdue monies.
Defo IT is authorised to make all reasonable enquiries as to the credit worthiness and financial responsibility of a customer who has applied for and/or been given credit including reports from credit reporting agencies from time to time.
In the event of the company instructing its solicitors or mercantile agent to collect an overdue amount all legal fees and collection charges and tracing agents fee as between solicitor or mercantile agent and client shall be borne by the customer and all payments made shall firstly be made allocated towards such fees and charges thereafter to interest and finally capital. Credit may be withdrawn if the customer exceeds the authorised credit limit. The Company may charge in addition to the price of the Products an amount for delivery and handling at rates dependent on distance and volume of Products supplied. Goods supplied will remain the property of Defo IT until paid in full.
The Company generally stocks all advertised goods, however due to unexpected circumstances, there is the possibility that the Company may temporarily run out of certain stock items. In this case, the Customer will be notified, and the Customer’s order placed on back order upon mutual agreement. Where payment for Products has already been made by the Customer, the Customer has an option to have the order placed on backorder or be issued a refund. Defo IT will refund the full amount upon request.
Backordered items will be listed in the Customer’s invoice and will be delivered to the Customer as soon as possible.
6. DELIVERY/SHIPPING POLICY
Delivery times will vary depending on stock, lead times and your location. You will be advised of Lead times at the time of check out and / or by follow up correspondence from Defo IT.
For stock items, orders will be dispatched within 24 – 48 hours. Depending on your location, orders may take between 2 – 3 business days to deliver to Metropolitan Areas and between 3 -7 days to non-Metropolitan Areas. All parcels/packages are delivered by courier or Australia Post.
We will make every effort to deliver your purchase according to the estimated delivery times however, we do not guarantee in the event of unforeseen circumstances beyond our control that we will deliver within this time frame. We will deliver your products to the address indicated on your Order Confirmation unless other special arrangements are made and agreed to by us. All items will be delivered by receipted delivery which will require a signature from you confirming receipt of these goods.
If Customers have any questions concerning orders that have not arrived within this time frame, please contact our office on 02 8377 3080.
Where the Company has agreed to deliver goods to the Customer and those goods are lost or damaged as a result of an act, neglect or default of the Company, the Company’s liability to the Customer is limited to either the replacement or repair of any goods lost or damaged. Any claims against the Company for such loss or damage must be made within seven (7) days of the date of delivery.
Where the Customer fails to take delivery of goods as agreed with the Company, the Customer indemnifies the Company against all loss and expenses incurred by the Company, including any additional transport and storage charges.
Defo IT may make part deliveries of any order, and each part delivery will constitute a separate supply of the Products for the purposes of these Terms.
Defo IT reserve the right to make changes to the freight-free policy without notice.
In general, the following applies regarding shipping and costs
a) Orders of $370.00 Inc GST upwards are delivered free of charge, up to 40Kg in weight Australia wide.
b) For orders under $370.00 Inc GST, Defo IT charges a flat delivery fee of $16.50 Inc GST per order, up to 40Kg weight to Metropolitan Areas (ADL/BRS/CBR/MEL/PER/SYD) Australia wide.
c) For orders under $370.00 Inc GST, Defo IT charges a flat delivery fee of $22.00 Ex GST per order, up to 40Kg weight to areas outside Metropolitan Areas Australia wide.
d) Orders of 40kg or more per product (not total order weight) may incur a liftgate service of $110 Inc GST or more. Customer will be advised of this at checkout and will be required to seek a quotation from Defo IT before the order can be fulfilled.
In some instances, particular products may be subject to higher shipping rates. This rate will be indicated in the Shipping & Handling section of the Product page and will take precedence of the general Delivery / Shipping policy.
The Customer must notify the Company in writing, within seven (7) days of the date of delivery, of any non-compliance with the order (subject to the usual trade tolerances relating to weight, dimension and processing). If the Customer fails to give that notice then, to the extent permitted by statute, the goods shall be deemed to have been accepted by the Customer and the Customer must pay for the goods in accordance with these terms and conditions.
a) in the case of all Products ordered (other than software Products), inspect such Products upon delivery to Customer’s premises. Customer is advised to ensure that any visible damaged to the cartons is noted and recorded by the couriers.
b) in the case of software Products, test or inspect such software Products upon those Products being delivered, and must, within 7 days of delivery, give written notice to Defo IT at email@example.com if the Product delivered is not the same Product that was ordered. Failing such notice and to the extent permitted by law, the Products will be deemed to have been accepted by Customer.
Risk in all Products will transfer to Customer immediately upon:
a) delivery to Customer, Customer’s agent or into Customer’s custody or control
b) collection by Customer’s nominated carrier or agent
c) collection by Customer from Defo IT transport agent depot.
a) The Customer will be liable for all orders placed with Defo IT through the Customer’s account, regardless of whether those orders were placed in accordance with Customer’s authorisations or instructions. It is the Customer’s responsibility to ensure that its account is only accessed and used by authorised personnel pursuant to, and in accordance with, any limits on their authority, and safeguarded from misuse by authorised or unauthorised individuals.
b) The Customer will defend, indemnify and hold harmless Defo IT, its related bodies corporate, affiliates and subsidiaries and each of their respective officers, directors, employees and agents from and against any and all claims, demands, proceedings, actions, liabilities, losses, damages, costs or expenses of any kind (including reasonable attorney’s fees and disbursements) incurred or sustained as a result of, or arising out of, or relating to any actions taken by Defo IT regarding the Products at the request of, and consistent with, instructions provided by the Customer, any breach of these Terms or acts or omissions of the Customer or its employees, related bodies corporate, affiliates or agents.
c) To the extent that an indemnity under this agreement is in favour of a person other than Defo IT, Defo IT contracts as trustee of the rights under that indemnity.
d) To the fullest extent permitted by law Defo IT will have no liability for:
i) failure to deliver Products within a specified time period;
ii) availability and/or delays in delivery of Products;
iii) discontinuation of Products, product lines or any part thereof; or
iv) cancellation of any orders
e) Defo IT will not be liable for and Customer waives all claims, demands, causes of action or other claims for punitive, exemplary, indirect or consequential damages arising under these Terms or otherwise with respect to the Products or their sale, or for any lost revenues or profits, consequential or incidental damages, injury to persons or property, business interruption or damage to business reputation, regardless of the theory upon which any claim may be based, and even if Defo IT has been advised of the possibility of such damages, including any tort (including negligence) or statutory causes of action;
f) The only liability of Defo IT with respect to any damaged goods, defective goods and/or goods erroneously shipped will be the return rights described herein; and even if this agreement fails in its essential purpose, in no event will Defo IT’s cumulative liability in tort (including negligence), contract (including under any indemnity), warranty, infringement, under statute or otherwise) to the Customer exceed the purchase price actually paid by the Customer for the Products that give rise to the dispute, or any defective portion thereof, whichever is the lesser amount. Defo IT’s liability to the Customer including in tort (including negligence), contract (including under any indemnity), warranty, infringement, under statute or otherwise) will be reduced by the extent, if any, to which Customer contributed to the loss or damage.
9. FORCE MAJEURE
If the performance of any of Defo IT’s obligations under these Terms is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of Defo IT, Defo IT will not be liable for any delay in performing or failure to perform its obligations if such failure is due to such force majeure event. The performance of Defo IT’s obligation will be suspended for the period of delay due to the force majeure event and Defo IT will give notice of such cause to Customer.
10.RETURNS / REFUND POLICY
Products may need to be returned for a variety of reasons – faults, warranty returns or non-fault returns. Non-fault related returns will only be accepted within 7 days from the date of the invoice relating to those Products. Valid reasons for return include, but are not limited to: faulty products; damaged products; product with an expired use-by-date at the time of receipt; products received that differ from products ordered; over delivery. Return freight charges will not be reimbursed where the customer is at fault and has not adhered to Defo IT conditions. Before any product is returned a Return Authorisation (RA) must be obtained from Defo IT. Please contact Defo IT via email: firstname.lastname@example.org
Defo IT will not be liable and has no obligation to accept or process any claim for any return request if:
a) there has been damage to or defects in the Products that have been caused by the improper storage, warehousing or transport, or by any neglect, abuse or improper use, installation, maintenance or unauthorised repair, in each case by any person other than Defo IT
b) the Product has been added to, varied, or otherwise modified by, any person other than Defo IT;
c) in connection with the claim Customer alleges that cartons were damaged in transit but the Proof of Delivery (POD) does not identify that cartons were damaged in transit
d) the claim for a return request is not notified to Defo IT in writing within the period stated above.
Below is the procedure for returning products to Defo IT. Any goods returned simply because the Customer has changed their mind will attract a 15% restocking fee and must be sealed in their original packaging, unused and must not be damaged in any way. Goods not complying with this policy will not be accepted for returns. Return freight expenses will not be reimbursed. The customer is required to quote their invoice number when lodging any request for returns.
a) All products must be returned in complete set with original packaging and must be received by Defo IT within 14 days of the RA number being issued.
b) Products returned by post should be sent by registered or certified mail. Defo IT accepts no responsibility for loss or damage occurring in transit.
c) You must obtain a valid RA number (see above) for all returned product(s). If the RA number cannot be identified, or if the Product does not match the RA details provided by you in terms of either quantity, product code or product serial number, Defo IT may reject the returned product and return it to you at your expense.
d) For all returned product(s), you must maintain a copy of the proof of delivery or consignment information to confirm delivery in case of future queries.
e) Any substitute Products to be shipped to Customer in accordance with the Returns Policy will be sent by Defo IT to Customer by ordinary freight pre-paid.
f) Customer must notify Defo IT in writing of any Products it wishes to return within 7 days from the date of the invoice relating to those Products.
Customer may elect to have the faulty product replaced or be issued a refund. Once products have been received by Defo IT, credit processing will take 7 – 10 business days.
Risk in goods supplied by the Company passes on delivery to the Customer or its agent. If the Customer fails to take possession of the goods within seven (7) days of being notified that the goods are ready for delivery:
a) risk in those goods passes to the Customer;
b) the Customer must pay for the goods in accordance with these terms and conditions of sale; and
c) the Customer will indemnify the Company against all loss and expenses incurred by the Company, including any additional transport and storage charges, because of such failure.
12. PRODUCT INFORMATION, PHOTOS AND IMAGES
All descriptive specifications, illustrations, drawings, data, dimensions and weights supplied by the Company or otherwise contained in catalogues, price lists or other advertising material of the Company are approximate only and are intended to be by way of general description of the goods. Such descriptive specifications do not form part of the contractual description of the goods unless agreed to in writing by the Company, in which case they are subject to recognised trade tolerances.
a) Products may be covered by manufacturers’ warranties. To the full extent permitted by law Defo IT’s entire responsibility with respect to warranties for the Products is to pass on to Customer the benefit of any such manufacturers’ warranties that are provided to Defo IT for such Products, to the extent it is permitted and possible to do so.
b) To the full extent permitted by law software Products are not warranted by Defo IT under these Terms. Such software Products are warranted in accordance with the relevant licence agreements governing their use.
c) To the extent permitted by law the manufacturers’ warranties referred to in clause 13(a) are in substitution for all other warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and to the full extent permitted by law, each party excludes all terms, conditions, representations, warranties and guarantees, whether express or implied (and including those implied by statute, custom, law or otherwise), except as expressly set out in this agreement.
d) Certain legislation may imply warranties, conditions or guarantees or impose obligations upon Defo IT which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which Defo IT is able to do so, its liability will be limited, at its option, to:
i) in the case of goods: the replacement of the goods or resupply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired; and
ii) in the case of services: the supply of the services again; or the payment of the reasonable cost of having the services supplied again.
14. RIGHTS RESERVED
The Company reserves the right to decline conducting business with any Customer, at any time, at its own discretion. If the Company declines to conduct business with any Customer in respect of a purchase made via the Company’s website, the Company will reverse that purchase and refund monies paid by the Customer.