All orders for products will be accepted by TechnicaOne Business Solutions ABN 27 931 660 537 subject to these terms and conditions. Any person or corporation placing orders for goods\products with TechnicaOne is bound by these terms and conditions. No other terms or conditions will apply to the supply of products by TechnicaOne unless they are accepted in writing by TechnicaOne.
The prices in our catalogue and web site are current at the time of publication. Whilst TechnicaOne will try to maintain prices specified in our catalogue, TechnicaOne reserves the right to change the price of any price without notice. Any prices quoted in writing by TechnicaOne will be for a period of 14 days from the date of the offer.
For approved account Customers payment is due no later than 30 days from the end of the month in which the products were invoiced, without any deductions whatsoever. Otherwise payment by cash or direct bank deposit is required with the order prior to delivery. If the Customer fails to make payment by the due date then, without prejudice to any other right or remedy, TechnicaOne will be entitled to cancel any unfilled order or suspend any further deliveries until the account is in order, withdraw credit facilities or adjust the Customers credit limit and interest at the rate of 10% per annum payable daily will be charged to all outstanding invoices not paid within the terms. If legal action is taken to recover monies due to TechnicaOne then TechnicaOne reserves the right to charge the Customer all fees in such proceedings.
TechnicaOne is continuously reviewing our product range, new products are added and TechnicaOne reserves the right to discontinue any product or service or to change its design at any time. TechnicaOne will not be liable in any circumstances for a failure to supply any product ordered by the Customer.
TechnicaOne reserves the right to decline to trade with any company or person. TechnicaOne will use reasonable endeavours to meet delivery estimates but in no circumstances shall it be liable to compensate the Customer for non-delivery or late delivery. Minimum Order Value As we provide considerable discounts in our product range then minimum order value of AU$50.00 applies to each order placed. Order amendment, suspension or cancellation Orders can only me modified, suspended or cancelled after prior negotiation and agreement and the Customer must indemnify TechnicaOne in respect to any expenses incurred by TechnicaOne relating to the modification of any order. A restocking fee of 20% will apply.
TechnicaOne uses an overnight courier service as our normal method of despatch, however in some situations we may need to source a different method because of destination, cost or volumetric size that would result in higher cost or inability to deliver using our normal means of delivery. In such events TechnicaOne will attempt to ensure that additional cost is not incurred by the customer, however TechnicaOne reserves the right to pass on any additional freight costs to the buyer if required. The Customer must inspect the products as soon as is reasonably possible after delivery and TechnicaOne shall not be liable for any defect in the products or shortages in delivery unless written notice is given to TechnicaOne within 7 days of delivery.
The Customer must contact the sales office prior to returning any products. A Return Authorisation form will be issued in approved cases and details including the original invoice number and date of purchase must be supplied by the Customer. Any product returned must be received by TechnicaOne within 7 days of the original delivery and must be undamaged and unaltered and in original packaging. Certain products (including software, books, and batteries) are excluded from the right of return and may not be returned under any circumstances. The Customer accepts liability for all freight costs incurred in the return of products including warranty repair or replacement of faulty goods without exception and a restocking fee of 20% applies.
Title of the goods shall only pass to the buyer following full payment of the relevant TechnicaOne invoice. TechnicaOne reserves the right to reclaim these goods from the Customer’s premises if the invoice is not paid within the terms of this contract and the Customer hereby gives consent for the authorised agent or representative of TechnicaOne to enter the Customer’s premises for this purpose. The Customer shall not have any power to mortgage, charge or encumber the goods whilst in its possession or otherwise until payment in full has been made.
TechnicaOne will endeavour to transfer to the Customer the benefits of any warranty or guarantee given to it by the manufacturer of the products. Any defects which are under proper use, appear in the goods within a period of three months (unless otherwise stated by TechnicaOne) and which are due to faulty materials, workmanship or design will be made goog by TechnicaOne either by repair or at TechnicaOnes’ discretion replacement (which is TechnicaOnes’ sole obligation and the Customer’s sole remedy under this provision). TechnicaOne will not be liable for defective goods if the defect arises because the Customer has: • Repaired or altered the goods without written consent of TechnicaOne’ authorised officers or • Subjected the goods to conditions outside the manufacturer’s stated instructions on storage, usage or maintenance. Any goods replaced or repaired under this clause will be guaranteed on these terms for any unexpired portion of the warranty period given on the original products.
TechnicaOne shall not be liable to the Customer for any indirect or consequential damages; loss, expense or claims for consequential compensation whatsoever which arises out of or in connection with any Contract. To the fullest extent permitted by law, the Customer releases TechnicaOne and associated entities from and against all liability whatsoever for any injury, loss or damage sustained by the buyer howsoever arising.
Any claim from the sale which may allege infringement of trademarks, trade names, patients, copy or property rights of other parties, shall be directed immediately by the buyer to TechnicaOne and the buyer will give every assistance to TechnicaOne in conjunction with such a claim. The buyer will not itself, deal with, or compromise any claim which may occur.
TechnicaOne endeavours to protect your privacy by: • Only collecting information from those with whom we deal which is necessary for our business to adequately service our customers. • Except where the law says otherwise, the only external organisations having access to this information are approved mailing houses which mail our material to our customers or credit card/credit reference companies for finance approval. • We do not use any personal information we have collected for any other purposes without seeking the individual’s permission. • We will take reasonable steps to ensure personal information is accurate and complete by contacting our customers and updating our records on a yearly basis.
Specifications and particulars in relation to products and services referred to in TechnicaOnes’ catalogue or web site are subject to change without prior notice. Some photographs contain preproduction or previous versions of the product and may be different from the shipped product. TechnicaOne will not be held liable for any errors or omissions.
TechnicaOne will not be in breach of its contract with the Customer for any delays in performing, or failure to perform, its obligations under these terms and conditions if delays or failure were due to any cause or circumstances beyond TechnicaOnes’ reasonable control (which shall include, but not be limited to, government actions, war, fire, explosion, flood, acts of terrorism, import or export regulations or embargoes, labour disputes or the inability to obtain or a delay in obtaining supplies of products). TechnicaOne may, as its option delay the performance of, or cancel the whole or any part of a contract.
During the terms hereof, the relationship between TechnicaOne and the buyer is that of vendor and purchaser. The buyer, its agents, employees, and dealers, under no circumstances will be deemed to be agents or representatives of TechnicaOne Business Solutions, nor will any of them have the right to enter into any contracts or commitments in the name of TechnicaOne Business Solutions or otherwise bind or commit TechnicaOne.
This agreement shall be governed by the law of Northern Territory. The parties to submit all disputes to the exclusive jurisdiction of the courts of the Northern Territory of Australia.