Terms & Conditions
Orders & price
- R.R.P’s shown are indicative only. There is no requirement to comply.
- Except specifically expressed, all prices quoted or that have appeared in TechPlex’s price list are exclusive of any tax, import, duty or other levies. TechPlex reserves the right at any time between the time of quotation and / or order and the date of delivery of the goods or provision of services to make any reasonable adjustment to prices unless Customer places its order within the validity of the quotation and TechPlex has accepted the Customer’s purchase order and issued an invoice. All prices in the price list are subject to change without notice and without recourse to TechPlex. All prices are quoted in Australian Dollars and are based on ex-factory availability from Melbourne, Victoria.
- All goods sold, services provided and fees charged by TechPlex will be charged GST at the prevailing rate as currently set by the Australian Taxation Office (ATO), or relevant legislation, and must be paid by the Customer in addition to the price of the products, services and fees.
- An official order, in writing on company letterhead, or equivalent, must be issued to TechPlex before any delivery can be effected. Orders must clearly state -Order Number, Name and Signature of Purchasing Officer, Product code(s), Configuration(s) Required, Unit Price and Total Order Value, Delivery Address, Delivery Date/Schedule required, Invoice Address, Special Requirements/Conditions etc.
Dispatching & delivery
- Delivery dates and times quoted for delivery of goods, or the provision of services, are estimates only and TechPlex shall not be liable for any loss or damages howsoever arising as a result or consequence of any failure to deliver or delay in delivery of any goods or services arising from any circumstances. The Customer shall not be relieved of any obligation to accept or pay for goods or services by reason of any delay in delivery, despatch or performance. TechPlex reserves the right to deliver by way of partial shipments and each partial shipment shall be deemed to be sold under a separate sales contract. No cancellation of sales contract is allowed if goods or services have been delivered by the courier.
- TechPlex reserves the right to cancel sales orders without prior notice:
- if the Customer does not collect goods from the warehouse of TechPlex within seven (7) days of placing their order; or
- when the delivery / dispatch of orders is delayed for more than seven (7) days due to payment not being received.
- Unless expressed otherwise, delivery charges are at the expense of the Customer. Customers are requested to arrange their own transportation for the picking up of orders. In the event that TechPlex has to organise transportation and delivery, a standard freight charge will apply. Any transit insurance is the responsibility of the Customer. TechPlex will not be responsible for any damages or loss whatsoever during transit once goods are despatched out of TechPlex’s warehouse.
- Payment terms are normally CBD (cleared funds before delivery) unless the Customer has a credit account with TechPlex in place.
- The Customer is required to complete the Account Application Form in order for TechPlex to open an account for trading. The Customer requests that TechPlex supply goods and/or services for which the Customer undertakes to pay TechPlex the agreed price(s) within the terms agreed, or if no such terms have been approved by TechPlex, by cleared funds before delivery. A credit account may be granted to the Customer at the sole discretion of TechPlex. Details of the credit account will be notified separately. The Customer must maintain the credit account with TechPlex within the credit limit and payment terms provided. Payment is required immediately if the account exceeds the credit limit and/or is outside the payment terms. TechPlex reserves the right to cancel credit accounts without prior notice. All overdue amounts are subject to a default interest rate of 3% per annum above the prevailing prime lending rate, calculated on an overdue balance on a daily basis.
- TechPlex will not accept a company cheque at the time of delivery unless a COD or credit account is granted to the Customer. There will be a $50.00 (excluding GST) charge of administration and recovery of bank fees etc. for all returned cheques. At the sole discretion of TechPlex, credit or COD accounts of the Customers who have a bounced cheque record may be cancelled without prior notice. Once a credit account is cancelled, any order placed by the Customer to TechPlex thereafter is required to be paid on CBD (cleared fund before delivery) terms.
- In the event of any default in payment to TechPlex for an amount of more than $150 and for more than 30 days by the Customer (including in respect of the Cloud Services) or where a demand has been made against a guarantor of the Customer’s account, without limiting any of the other rights it may have, TechPlex may in its absolute discretion:
- record the default with TechPlex’s credit information provider; and/or
- terminate these terms and conditions and any other agreements it has with the Customer related to the resale of products or services supplied by TechPlex.
- In the event of any default in payment to TechPlex, the Customer shall pay to TechPlex costs of and incidentals to the recovery of such sums as may be due, including all mercantile and like fees and legal fees and charges on a solicitor, filing fees, stamp duty, taxes or any other fees payable, or incurred in relation to such recovery process. Payment received from the Customer will applied in the order of cost of recovery of debt, interest on overdue amount, then to the principal debt amount.
Retention of title, property and risk
- Risk for all products shall pass from TechPlex to the Customer when the products are delivered
- Until TechPlex has been paid in full for all goods supplied to the Customer under any contract whatsoever between the Customer and TechPlex:
- All rights, interests and title of the goods shall remain as property of TechPlex.
- Should the goods or part thereof be affixed or added to any other items, such attachment shall be effected by the Customer solely as an agent for TechPlex and TechPlex shall have full legal and beneficial title to the whole of the new product thereby created.
Warranty & return
All products supplied by TechPlex are covered, as standard, by the relevant manufacturer’s warranty on a Return to Base (RTB) basis, which means that a defective product is required to be returned to TechPlex or the Authorised Service Centres of TechPlex at the Customer’s own cost.
- Any return of a defective product to TechPlex must be first authorised in accordance with the following process:
- The Customer must obtain a Return Authorisation Number (RA Number) from TechPlex prior to shipping the defective products to TechPlex.
- The Customer shall then be authorised to return the defective products, noting the RA Number and proof of purchase, to TechPlex or the Authorised Service Centres of TechPlex.
- TechPlex will not accept any return or claim under the manufacturer's warranty of a defective product if it does not comply with the above procedure. No defective product or claim under the warranty or return of any product will be credited to the Customer's account unless the Customer has complied with the directions as set out in clause 22 to TechPlex’s reasonable satisfaction.
- Except when an approval has been obtained from or a separate agreement has been reached with TechPlex to waive the restocking fee, a re-stocking fee will apply to all goods returned for credit. The credit value of returned goods will be at the current selling price at the time of return less a 10% re-stocking fee calculated based on the original selling value of the returned goods.
- The Customer undertakes to TechPlex that it will acquire any products and/or services from TechPlex in accordance with these terms and conditions strictly for the purpose of resupplying those products and/or services to consumers in the course of its business.
Contrary, liability & jurisdiction
- Failure by TechPlex to insist upon strict performance of any term or condition herein shall not be deemed a waiver thereof or of any rights TechPlex may have, and shall not be deemed a waiver of any subsequent breach of any term or condition.
- TechPlex’s liability to the Customer is limited in accordance with clause 35 for all loss or damage suffered by the Customer in connection with or arising out of these terms and conditions or any sales contract other than any loss or damage for which TechPlex is required to indemnify the Customer under Division 3 of Part 5-4 of the Australian Consumer Law. In the event that the provisions of Division 3 of Part 5-4 of the Australian Consumer Law apply to require TechPlex to indemnify the Customer for loss or damage suffered by the Customer, the Customer acknowledges that it is fair and reasonable that TechPlex’s liability to indemnify the Customer is limited to the maximum extent permissible under section 276A of the Australian Consumer Law.
- Subject to clause 34, TechPlex shall not be liable to the Customer or the Customer’s servants, agents, or representatives of the Customer for any direct, indirect, incidental or consequential loss or damages of any nature howsoever caused (whether based on tort, contract or otherwise) including but not limited to loss of profits, loss of production, loss of sales opportunity or business reputation, direct or indirect labour costs and overhead expenses and damage to equipment or property or any other claim whatsoever arising directly or indirectly or in any way attributed to the performance of the sales contract (including any contract for the provision of the Cloud Services by TechPlex to the Customer) and in no event shall any claim be recognised unless the claim is in writing and received by TechPlex within fourteen (14) days of the date of delivery. In any event, the liability of TechPlex under any sales contract (including any contract for the provision of the Cloud Services by TechPlex to the Customer) is limited to the replacement of the goods or the supply of equivalent goods or the repair of the goods.
- These terms and conditions are the entire agreement between TechPlex and the Customer with respect to the transactions and matters contemplated herein and are deemed to be incorporated into all quotations and sales contracts (express or implied) for the supply of goods and services (including Cloud Services) to the Customer and supersede all terms and conditions previously issued by TechPlex. No sales contract for the supply of goods or provision of services (including Cloud Services) shall exist between TechPlex and the Customer except upon these terms and conditions unless their exclusion or modification is agreed to in writing by TechPlex. Any order placed by the Customer is deemed to be an order incorporating these terms and conditions notwithstanding any inconsistencies in the Customer’s order. Each order placed by the Customer is subject to acceptance or rejection by TechPlex and is not binding on TechPlex prior to TechPlex’s acceptance of it. TechPlex may refuse to proceed with any sales contract at any time if the Customer’s credit is or becomes unsatisfactory to TechPlex.
- These terms and conditions and all other contracts entered into between TechPlex and the Customer referred to in these terms and conditions are subject to the laws in force in the ACT, Australia, and the parties submit to the jurisdiction of the courts of the ACT.