TERMS AND CONDITIONS OF SALE:
‘BIZLYNX Technology’ means BIZLYNX Technology Pty Ltd ‘buyer’ means the person placing an order with BIZLYNX Technology for the supply of goods;
‘goods’ means the products including, but not limited to:
(a) the supply of computer hardware and software by way of sale, design, manufacture, configuration, installation;
(b) repair of computer hardware and software; and/or
(c) the provision of technical support services for network solutions and managed services, which are the subject of an order placed by the buyer; ‘person’ means a person over the age of eighteen years, a corporation, partnership and unincorporated body, words importing the singular include the plural and vice versa, and words importing any gender include all other genders; ‘this agreement’ means the Terms and Conditions of Sale set out herein.
(a) The buyer shall pay for goods:
(i) within net seven (7) days from the date of quote in which goods are quoted; or
(ii) as otherwise varied by agreement as evidenced in writing between BIZLYNX Technology and the buyer (‘varied payment terms’);
(‘the credit facility’)
(b) BIZLYNX Technology may, from the date payment for goods is due pursuant to clause 2(a):
(i) permanently withdraw the credit facility and, as at the date of withdrawal of the credit facility, demand
immediate payment of the total amount due and payable to BIZLYNX Technology for goods ordered; or
(ii) temporarily withdraw the credit facility and, as at the date of temporary withdrawal of the credit facility, stop credit until such time as arrears are brought within the credit facility terms;
(c) Where varied payment terms apply pursuant to clause 2(a)(ii), varied payment terms only vary the terms for payment for goods and will not otherwise affect the terms and conditions of this agreement unless specifically provided for as part of the
varied payment terms;
(d) Any payment towards satisfaction of the terms of clause 2(a) may be applied by BIZLYNX Technology in any manner it sees fit and at its option BIZLYNX Technology may apply a payment or payments first in satisfaction of those payments which have been payable for the greater length of time; and
(e) In the event that the buyer is in breach of the terms and conditions of this agreement, by failure to pay for goods pursuant to the terms of clause 2(a), or breach of any other term and condition, the buyer will pay BIZLYNX Technology forteen per cent (14%) per month interest on the outstanding amount calculated from the date payment is due to the date payment is made.
(f) In the event that the buyer is in breach of the terms and conditions of this agreement, by failure to pay for goods pursuant to the terms of clause 2(a) and 2(e), or breach of any other term and condition, the buyer will pay BIZLYNX Technology any
associated court costs, legal costs, costs associated with a third party Debt Collection agency, skiptracing, field calls, correspondence, telephone or any other costs associated with the recovery of the goods quoted in addition to the original quote amount and any interest charged as per clause 2(e).
(f) In the event that the buyer is in breach of the terms and conditions of this agreement, by failure to pay for goods pursuant to the terms of clause 2(a) and 2(e), or breach of any other term and condition, and after a period of two months (60 days) from the date of the quote, buyer information and quote details will be referred to a debt collection agency or credit reference agency. The buyer will to the extent permitted by law, be liable for any costs associated of taking that action.
3. Retention of Title
(a) BIZLYNX Technology retains the legal and equitable title to goods until full payment is received from the buyer for goods;
b) Until BIZLYNX Technology receives full payment for goods, the buyer shall:
(i) hold goods as bailee for BIZLYNX Technology;
(ii) grant BIZLYNX Technology the right to enter without notice the buyer’s premises, or the premises at which goods are stored, without liability for the trespass or any resulting damage to retake possession of goods;
(iii) ensure that goods are stored so they are clearly identifiable as the property of BIZLYNX Technology; and
(iv) not alter or change goods so as to change their quality or nature;
(c) Until BIZLYNX Technology receives full payment for goods, BIZLYNX Technology shall be entitled to repossess goods if the buyer commits an act of bankruptcy or is declared bankrupt or becomes insolvent or enters into an agreement with
creditors or if a liquidator/receiver and/or manager is appointed to the buyer or any of the assets of the buyer.
BIZLYNX Technology gives no express warranty made by or on behalf of BIZLYNX Technology in relation to goods or their supply.
The Trade Practices Act 1974 and the Fair Trading Act 1987 may imply certain conditions and warranties into this agreement for the benefit of the buyer. To the extent that such conditions and warranties in respect of goods may, as between BIZLYNX
Technology and the buyer, lawfully be excluded, all such conditions and warranties are expressly excluded.
If BIZLYNX Technology fails or neglects to enforce at any time the provisions of this agreement this shall not:
(a) be construed, nor shall it be deemed to be, a waiver of any of BIZLYNX Technology’s rights;
(b) in any way affect the validity of the whole or any part of this agreement or prejudice BIZLYNX Technology’s right to take subsequent action.
(a) BIZLYNX Technology may accept return of goods if notification is received from the buyer within 14 days from the date of quote;
(b) BIZLYNX Technology may accept return of goods that have been incorrectly ordered by the buyer provided that the goods have not been used and provided further that the buyer agrees to pay freight costs associated with the return and a minimum
restocking fee of five per cent (5%) of the value of goods ordered or the amount charged to BIZLYNX Technology by a wholesaler, whichever is the greater;
(c) BIZLYNX Technology will not accept the return of goods which have been added to, used, modified, varied or changed by any person other than BIZLYNX Technology. BIZLYNX Technology will not, under any circumstances, accept the return of
goods that are sold as exrental, exdemo, clearance stock or goods notified to the buyer as nonreturnable; and
(d) BIZLYNX Technology shall have no liability for any damage or defects in the goods and/or packaging delivered to the buyer which arise as a consequence of improper storage, warehousing or transport, neglect, abuse or improper use, installation,
maintenance or unauthorised repairs.
In the event that any part of the provisions of this agreement are deemed to be invalid, unlawful or unenforceable to any extent, such provision shall be severed from the remaining provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
BIZLYNX Technology and the buyer agree that the provisions of this agreement shall, in the event of dispute, be construed in accordance with the law of the State of Western Australia and be resolved by a Western Australian court.
9. Copyright, trademarks, patents and intellectual property rights
(a) The buyer acknowledges any and all of the trademarks, trade names, patents, copyrights and other intellectual property rights embodied in or in connection with the products and information, documentation, parts or software relating to properties
supplied by BIZLYNX Technology;
(b) The buyer shall not, during or after the expiry or termination of this agreement, without the prior written consent of BIZLYNX Technology, adopt any name, trade name, trade style or commercial designation or design used by BIZLYNX Technology,
reproduce any art appearing on the package of any goods or copy, sell or hire or offer for sale or hire a copy of goods;
c) The buyer shall indemnify BIZLYNX Technology against all liabilities, costs and expenses which BIZLYNX Technology may incur, or become liable to incur, as a result of work done in accordance with the buyer’s specifications or as a result of the
combination or use of goods with other equipment parts or software not supplied by BIZLYNX Technology involving infringement of any patent, copyright or other proprietary right.
10. Costs, Expenses and Disbursements
All costs, expenses or disbursements incurred by BIZLYNX Technology in the maintenance of the Purchasers account including debt collection agency fees and legal costs arising:
As a consequence of the Purchaser’s default in observing the terms and conditions of sale;
As a result of any of the Purchaser’s cheques being dishonoured; or by reason of BIZLYNX Technology requiring any further security to be provided; shall be payable by the Purchaser upon demand.
11. Entire Agreement
This agreement forms the entire agreement between BIZLYNX Technology and the buyer and the buyer acknowledges that no warranty, express or otherwise, except as specifically provided for herein forms part of this agreement save and except to the extent set out in the varied payment terms and which varied payment terms also form part of this agreement