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Standards Terms
and Conditions of Sales and Services Referred to as NCIT
or NCIT Solutions is the company NCIT Next Century IT Solutions Pty Ltd and/or
it’s employees. Referred to as customer is any third party (private, business
or company) requesting any goods or services of NCIT. All sale of goods
and provision of services by NCIT Solutions to the customer are conducted on
these standard terms and conditions: 1. NCIT Solutions will be known as NCIT and
the person or entity to whom NCIT sells goods or provides services pursuant to
these standard terms and conditions of sale will be known as the customer. 2. Title to all goods supplied does not pass
to the purchaser until full payment has been received and funds are cleared by
the bank. 3. Payment terms are 14 days from the date
of invoice for customers whose credit application has been accepted by NCIT.
Otherwise payment is on a C.O.D. basis. Any payments to be made by the customer
to NCIT must be made without set-off or any deduction. 4. NCIT reserves the right to decline orders
in the event that the credit limit of the customer is exceeded. 5. There will be an administration charge of
$20 for any cheque returned from our bank whether due to insufficient funds or
any other reasons. 6. In the event of default by the customer
of this Agreement requiring NCIT to seek legal remedy against the customer,
NCIT may recover legal fees and associated costs resulting from such default on
a client solicitor basis. 7. The law that shall apply to the
application of these terms and conditions shall be the law in 8. NCIT reserves the following rights in
relation to products supplied by NCIT until all accounts owed by the customer
for such product are fully paid: 9. Notwithstanding clause 8 above, the risk
of any loss or damage to or any deterioration in product from whatever cause
shall pass to the customer at the time of delivery. NCIT will not be held
responsible for any damage, loss and delay occurring to goods delivered on
site. Accordingly, we recommend that you arrange your own insurance. 10. The terms and conditions contained
herein constitute the entire agreement between the parties and no amendment or
variation shall be of any force and effect unless in writing and signed by both
NCIT and the customer. No representations have been made by or on behalf of
NCIT which have induced the customer to enter into accepting this agreement of
terms & conditions. 11. Although all recommendations are made in
good faith and on the basis of the best information available to NCIT, no
responsibility is accepted for such recommendations. The customer must rely on
its own enquiries in making any decision affecting its own interest. 12. The specifications of all products provided
at time of sale are approximate and subject to change without notice.
Illustrations in catalogue are for information purposes only. Product models
versions and physical furnishings are subject to variation without notice. 13. It is acknowledged by the customer that
NCIT is re-selling computer hardware and software products and NCIT is unable
to warrant those products performance compliance to customer’s requirements.
NCIT further suggests that the customer refers to NCIT’s suppliers to determine
specific product’s performance and compliance to customer’s requirements.
Further that the customer test for compliance should it not be satisfied by
representations by the relevant supplier respect product performance
compliance. 14. These terms and conditions supersede and
exclude all prior and other discussions, representations (contractual or
otherwise) and arrangements relating to the supply of the products and/or
services or any part thereof including, but without limiting the generality of
the foregoing, those relating to the performance of the products and/or
services or their performance compliance. 15. Subject to clause 16 NCIT shall not be
responsible in tort or in contract for any loss or damage howsoever caused to
the property or person of the customer or any third party as a result of any
defect in the product and/or services whether patent or latent or as a result
of any fault, negligence, wrongful act or omission of NCIT or any of its
servants, employees, contractors and agents, and the customer indemnifies NCIT
against any claims made against it by any third party for losses, costs
(including legal costs on an indemnity basis), damages and expenses (whether
direct, indirect, incidental or consequential) of any kind arising out of any
such defects or fault, negligence, wrongful act or omission and subject to
clause 16 below in no event shall NCIT be liable for any claims or damages
including, but not limited to claims for faulty design, negligent advice,
damages arising from loss or use of the products and/or supply of services; and
any indirect, special or consequential damages or injury to any person,
corporation or other entity by reason of the sale of goods and/or provision of
services pursuant to these terms and conditions. 16. NCIT’s liability in relation to the
supply of the Products and Services and the Products themselves is limited to
the price of the Products or the charge for the Services in respect of which
such liability arises. NCIT will have no further liability or responsibility
for any direct, indirect or consequential injury, loss or damage whatsoever and
howsoever arising. If any Commonwealth statute or statute of any State
within Australia implies terms into this Agreement which cannot be lawfully
excluded, such terms will apply to this Agreement, save that the liability of
NCIT or breach of any such implied term will be limited, at the option of NCIT,
to any one or more of the following: 17. NCIT shall not be liable for default or
failure in performance of its obligations pursuant to this agreement resulting
directly or indirectly from acts of God, civil or military authority, acts of
public enemy, war, accidents, fires, explosions, earthquakes, floods, storm
lightning, the elements, strikes, labour disputes, shortage of suitable parts,
components, materials including ink, chemicals and paper, labour or
transportation or any other cause beyond the reasonable control of NCIT. 18. Where NCIT provides services to the
customer pursuant to either a Service Agreement and/or any other Agreement, it
is agreed between NCIT and the customer that NCIT shall retain all right, title
and interest to intellectual property rights which arise from the provision of
such services including but not exhaustively software development and
application development. 19. Goods and services tax (“GST”) and/or
any other related Government taxes will be charged on all sales of goods and
services, unless details of customer exemption are provided. GST and other
Government taxes are payable by the Customer at the same time as the payment
for the relevant supply is payable. 20. All prices are subject to change without
prior notice. NCIT reserves the right to refuse to supply any order without
providing a reason for such refusal. 21. Customers returning goods under warranty
must pay all freight. All goods returned for warranty or for credit are to be
accompanied by a copy of original invoice. 22. By placing an order, either verbally or
in writing, for supply of products and services by NCIT, the customer agrees
that it has accepted these terms and conditions of sales & services set out
herein. |