Orders placed with and accepted by Barcoder will be accepted strictly subject to these Terms and Conditions and the placing of such orders by the Purchaser shall be conclusive proof of the fact that the Purchaser has read, understands and agrees to these Terms and Condition of Sale.
Whilst Barcoder may guide the Purchaser to make an appropriate purchasing decision based on the requirement communicated to Barcoder by the Purchaser, Barcoder can not guarantee that any item supplied will meet the Purchaser's specific requirement or environment or that the Purchaser will have the necessary expertise to use or operate any item supplied to the Purchaser.
Unless installation, programming or training are specifically included on Barcoder's invoice, the Purchaser agrees that items supplied by Barcoder are supplied on a supply only basis and do not include installation, programming or training. Where installation, programming or training is required by the Purchaser, these services may be supplied by Barcoder, or arranged with third party suppliers, at additional cost to the Purchaser.
The normal Credit Terms of Barcoder are payment within 7 days of the date printed on Barcoder's invoice provided the Purchaser quotes a valid ABN at the time of order, otherwise payment will be required prior to shipment by Credit Card (Visa or MasterCard only) or by Direct Deposit by Electronic Funds Transfer (EFT) to Barcoder's Bank Account, such Bank Account details to be provided to the Purchaser on the Tax Invoice that Barcoder will email to the Purchaser at the time of purchase and prior to delivery of the goods or services ordered. Credit Card payments will incur a 2% surcharge.
Barcoder's Tax Invoices show the Suggested Retail Price (SRP) of each item, the rate of Discount given by Barcoder on each individual item in anticipation of the Purchaser paying Barcoder's Tax Invoice within the agreed Credit Terms, and the Discounted Price. Any discount given may be revoked if an invoice is not paid prior to shipment or within the time specified by any Credit Term given to the Purchaser, and the full Suggested Retail Price will then become due and payable.
Extended Credit facilities (30-day Credit Terms, and in limited cases, 60-day Credit Terms) may be provided to approved Applicant’s only. Sufficient Credit References must be provided. It is understood that any credit facility which may be granted to the Purchaser is granted only at their request and in consideration that they guarantee payment of all sums payable by the Purchaser to Barcoder.
Where items are supplied other than by payment in full prior to shipment, the Purchaser acknowledges and agrees that, in the event an amount becomes overdue, Barcoder reserves the right to re-invoice the items supplied at the Suggested Retail Price for the items purchased, plus interest in accordance with Section 2(1) of the Penalty Interest Rates Act 1983 (Victoria) - see http://supremecourt.vic.gov.au/CA256902000FE154/Lookup/CourtFees/$file/Penalty%20Interest%20Rates.pdf, plus all fees incurred by Barcoder in acquiring information to commence legal action for the recovery of the debt and in executing such legal action. A formal Letter of Demand will be issued to the Purchaser once the agreed Credit Terms are exceeded by more than 30 days and the Purchaser may be listed with a credit reporting agency as being in default, without any further notice to the Purchaser.
Barcoder, at its sole discretion, reserves the right to refer an overdue account to a mercantile agency or a solicitor for collection and recovery action and the Purchaser agrees to be responsible to meet all reasonable costs and commissions incurred in employing a mercantile agent or solicitor to collect the overdue amount.
The Purchaser agrees that Barcoder may seek consumer credit information under Section 18K(1)(b) of the Privacy Act 1988. If Barcoder considers it relevant to assessing an application for commercial credit, the Purchaser agrees to Barcoder obtaining from a credit reporting agency a credit report containing personal credit information about the Purchaser in relation to commercial credit provided by Barcoder, and, if asked to do so, to reimburse Barcoder's expenses in obtaining such credit report.
The Purchaser agrees that Barcoder may exchange information with other credit providers under Section 18N(1)(b) of the Privacy Act 1988). The Purchaser agrees to Barcoder obtaining personal information about the Purchaser from other credit providers, whose names the Purchaser may have provided to Barcoder or that may be named in a credit report, for the purpose of assessing the Purchaser's request for commercial credit made to Barcoder.
The Purchaser agrees that Barcoder may obtain a consumer credit report about the Purchaser from a credit reporting agency for the purpose of collecting overdue payments relating to commercial credit owed by the Purchaser under Section 18K 1(h) of the Privacy Act 1988 and to reimburse Barcoder's expenses in obtaining such report.
The Purchaser must inform Barcoder in writing within seven (7) days of any change of the Purchaser's business or corporate structure.
Barcoder reserves the absolute right to refuse or withdraw the Purchaser's credit facilities at any time at Barcoder's sole discretion.
All contracts between Barcoder and the Purchaser shall be deemed to have been entered into in the State of New South Wales and shall be construed according to the Laws of the State of New South Wales.
In consideration of the provision of credit and the sale of goods and services to the Purchaser, the Purchaser's Partners, Director/s or other authorised officer/s of the Purchaser agree/s to guarantee to Barcoder the due and punctual payment and performance by the Purchaser of all moneys to be paid and to the terms and conditions contained in Barcoder's Terms and Conditions and the Purchaser acknowledges that the Purchaser shall not be released from liability under this guarantee otherwise than by the payment in full of the moneys payable by and the performance and observance of all of the obligations of the Purchaser under Barcoder's Terms and Conditions. This guarantee shall be continuing and shall not be discharged by the winding up of the Purchaser and shall bind the successors and legal personal representatives of the Guarantor. the Purchaser charges (and where this guarantee is given by more than one person, jointly and severally charge) as beneficial owner all freehold and Leasehold in Land which the Purchaser may now have or may acquire.
Barcoder reserves the following rights in relation to any goods provided to the Purchaser by Barcoder, until all accounts owed by the Purchaser to Barcoder are fully paid:
(1) legal ownership of the goods;
(2) to enter the Purchaser's premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the goods; and
(3) to keep or resell any goods repossessed pursuant to (2) above;
If the goods are resold, or products manufactured using the goods are sold, by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of Barcoder and shall pay such amount to Barcoder upon request. Notwithstanding the provisions above Barcoder shall be entitled to maintain an action against the Purchaser for the purchase price and the risk of the goods shall pass to the Purchaser upon delivery
(4) Delivery is considered complete as soon as Barcoder gives possession of the goods to a courier company or deposits goods with Australia Post for transportation to the Purchaser and Barcoder shall not be liable for any delivery failure that is beyond its control.
(5) Goods are shipped at the Purchaser's risk and will only be insured if requested by the Purchaser at the time of ordering and the Purchaser will pre-pay said insurance prior to despatch - thus, if goods are lost in transit and are not insured, Purchaser agrees that Barcoder will have absolutely no responsibility to replace the lost goods or to refund any moneys paid by the Purchaser and Purchaser's debt to Barcoder will remain as if the goods were delivered to the Purchaser.
Any signatory for a proprietary Company Purchaser shall be personally liable for the due performance of the Purchaser's obligations as if the signatory was the Purchaser.
Delivery will be made to the location specified on Barcoder's Tax Invoice and the Purchaser shall be liable for all freight and handling charges and re-delivery charges should the Purchaser not be able to accept delivery when delivery is attempted.
Barcoder will endeavour to fill all orders promptly but will not be liable in respect of any delay occurring in the supply of the goods and/or services or any loss or costs the Purchaser may suffer as a result. Barcoder shall not be liable for indirect or consequential loss or any loss to the Purchaser due to the delay.
Claims for short delivery or goods damaged in transit or goods that are faulty when first installed must be made in writing (email is acceptable) to Barcoder within twenty-four (24) hours from the date and time of delivery. Claims after this period will be rejected by Barcoder.
Barcoder offers Manufacturer's Warranty on all new Hardware supplied, for use in Australia only. This warranty does not extend to accessories or defects or injuries caused by or resulting from causes not attributable to faulty parts or the manufacture of the product, including but not limited to, defect or injury caused by or resulting from misuse, abuse, neglect, accidental damage, improper voltage, liquid spillage, pest infestation, software or any alterations which are not authorised by Barcoder. Warranty repairs are to be returned to Barcoder's nominated Warranty Repair Centre for repair, insurance and freight prepaid by the Purchaser, with appropriate paperwork including a copy of Barcoder's original invoice and a completed Return Authorisation form. Please contact our Service Department (service @ barcoder.com.au (remove the space before and after the "@" which is there to thwart SPAM email harvesters)) to confirm warranty period on particular products. The Purchaser acknowledges that Barcoder is a re-seller, not a distributor nor a manufacturer and the warranty offered by Barcoder is the warranty offered by the distributor or manufacturer. Goods returned to Barcoder's nominated Warranty Repair Centre as part of a warranty claim may be on forwarded to the manufacturer or other third parties for assessment and either rejection of the warranty claim or repair or replacement in accordance with the applicable manufacturer’s warranty.
If Barcoder's nominated Warranty Repair Centre inspects and quotes a chargeable repair and that quote is not accepted by the Purchaser, a "Quote Fee" of $99 including GST will be applicable. Barcoder's Warranty Repair Centres have a minimum service charge of 1 hour on all repairs carried out by the Centre. The hourly rate is $132 including GST per hour. If a repair is not collected from the Centre within 90 days from the book-in date, then Barcoder holds no responsibility for the equipment after this time.
Barcoder requests that all Purchase Orders be emailed or faxed to our Sales Department (sales @ barcoder.com.au (remove the space before and after the "@" which is there to thwart SPAM email harvesters)), therefore no responsibility is taken for errors with any orders placed by telephone. A re-stocking fee or refusal of claim will apply to any errors from telephone orders.
Barcoder is committed to exceptional customer service, and therefore undertakes that any dispatch errors caused by Barcoder will be collected and credited without question. However, Barcoder will not be held responsible for items shipped direct from third parties to the Purchaser. Barcoder also understands that the Purchaser may wish to return items for a variety of reasons. To this end Barcoder is happy to assist the Purchaser by taking back standard stock line goods within seven (7) days of delivery, deducting a 25% re-stocking fee. If goods have been ordered from a Supplier specifically for the Purchaser then Barcoder will not accept these goods for credit return in any circumstances. Where Barcoder has agreed to take back goods, they are to be returned to Barcoder, insurance and freight prepaid, along with a copy of the Original Purchase Invoice. Goods must be returned to Barcoder complete (all packaging, instruction manuals, CDs, CD-ROMS, accessories and keys) and in full resalable condition – damage to, or markings on the original packaging will deem the products unsaleable, therefore the return claim will be rejected and the item will be returned, uninsured, to the Purchaser at the Purchaser's expense. A completed Returns Authorisation form must accompany all returns. Credit will NOT be issued for freight content of original invoice. No refund can be issued. A credit will be allocated against the Purchaser's account.
Non-standard orders cannot be cancelled once placed with Barcoder and the Purchaser must accept delivery of the goods within seven (7) days of Barcoder advising the Purchaser of the availability of the goods for delivery.
Barcoder shall not be liable for indirect or consequential loss or damage suffered by the Purchaser as a consequence of any action or in-action on the part of Barcoder.
Where an account is overpaid, or if some other form of reimbursement is due to the Purchaser from Barcoder, cash refunds will not be processed but a credit will be applied to the Purchaser's account with Barcoder and such credit will be applied to the Purchaser's future purchases from Barcoder.
Prices and Product Specifications are subject to change without notice.
Suggested Retail Prices (SRP) are suggested selling prices only and there is no obligation to comply.
Where Handing and Delivery Charges are charged on Barcoder's Tax Invoice, the Purchaser acknowledges that the amount charged may not reflect the actual cost incurred by Barcoder with the organisation effecting delivery and will include an allowance for packaging and handling and transportation and ancillary costs which may be averaged to enable a standard charge to be invoiced for what may be a large variety of actual delivery costs based on the vast distribution of destinations that Barcoder delivers to.
These Terms and Conditions may be changed at any time without notice and Barcoder's current Terms and Conditions will always be viewable at http://www.barcoder.com.au/Barcoder-Terms-and-Conditions-of-Sale.htm
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