Terms of Sale

Definitions

The following terms have these meaning unless a contrary intention appears:

"Applicants" shall include, in the case of an individual his executors and administrators assigns and legal representative and in the case of a corporation, its successors and permitted assigns. Where the Applicant is more than one person all Applicants shall be jointly and severally bound by the terms and conditions contained or implied herein.

"Goods" means all products and services offered for sale by Nationwide Computer Distributors to the Applicant.

1. Risk.

Goods shall be at the Applicant's risk from physical delivery of goods to the Applicant or its carrier or bailee or the passing of title in the goods to the Applicant, whichever is first to occur.

2. Title.

(a) Legal and beneficial title to the goods shall not pass from Nationwide Computer Distributors to the Applicant until such time as the goods purchased by the Applicant from Nationwide Computer Distributors have been paid for in full and there are no other moneys outstanding by the Applicant to Nationwide Computer Distributors on any other account whatsoever, or until goods are sold, whichever date first occurs.

(b) The Applicant hereby grants a licence to Nationwide Computer Distributors, its servants or agents to enter any premises of the Applicant upon which the goods are situated during normal business hours to inspect the goods and retake possession of the same should the purchase price of the goods not be paid in full by the due date, and the Applicant acknowledges that such access shall be full, free and unhanded and shall not constitute a trespass by the Applicant.

3. Applicants Covenants.

The Applicant shall not, without the prior written consent of Nationwide Computer Distributors:
(a) Repackage any goods or reproduce any artwork on the packaging of any goods;
(b) Reproduce any trademark appearing on any goods or the packaging of any goods;
(c) Make a copy of, or sell, hire or offer for sale a copy of any goods; or
(d) Import for the purpose of distribution, sale or hire any goods which are licensed or under sole distribution agreement to Nationwide Computer Distributors

4. Nationwide Computer Distributors Warranties.

(a) All products are covered for the period being the same as is extended by the Manufacturer from the date of purchase against all manufacturing defects excluding however claims arising by reason of misuse, misapplication or damage by accident.

(b) Proof of purchase is required when claiming under warranty, and the goods will not be replaced unless proof of purchase is provided.

(c) Save as provided in Clause 4(a) above, any liability arising in respect to the quality of the Goods, fitness of the Goods sold, state of the Goods or condition of the Goods or otherwise purchased by the Applicant from Nationwide Computer Distributors, whether expressed or implied by law are to the maximum extent permitted by law excluded and negatived.

(d) Any liability incurred by Nationwide Computer Distributors to the Applicant is limited to the replacement of the Goods or (at the option of Nationwide Computer Distributors) refund of the price paid by the Applicant and is conditional upon the customer within 14 days of delivery making a written claim and returning the goods to enable a proper examination by Nationwide Computer Distributors Nationwide Computer Distributors shall have no liability whatsoever to the Applicant or any other person claiming under or through the Applicant for any consequential loss or damage howsoever suffered or incurred in relation to Goods purchased by the Applicant from Nationwide Computer Distributors, including any loss or damage resulting directly or indirectly from any failure, breakdown, defect or deficiency of whatsoever kind or nature in such Goods.

(e) No representation is given by Nationwide Computer Distributors to the Applicant whether in relation to the condition or suitability of the Goods, the date of delivery, the quality, the fitness, safety or otherwise of the Goods and the Applicant hereby acknowledges that no such representation shall be relied upon in any event.

5. Return of Goods

(a) The Applicant shall be deemed to have accepted the Goods supplied by Nationwide Computer Distributors unless it notifies Nationwide Computer Distributors in writing of any claim within 14 days of delivery of the Goods.

(b) Notwithstanding part (a) above, any return of goods must strictly adhere to the procedures as follows:

1) Damaged Goods;
i. Any goods returned to Nationwide Computer Distributors with physical damages/breakages will be void of their warranty.
ii. Damages incurred in freight must be reported to Nationwide Computer Distributors immediately upon receipt – where this is not done, the goods are assumed to have been damaged after receipt and will be void of any warranty as per clause (i) above.

2) Return for Repair or Replacement;
i. No replacement will be sent out before Nationwide Computer Distributors receive and test any goods suspected to be faulty
ii. Goods found to be faulty can be returned for repair/replacement within the applicable warranty period.
iii. Warranties commence from the date of Nationwide Computer Distributors sale, or where
applicable State/Territory laws dictate.
iv. Applicant must pay for the freight to Nationwide Computer Distributors, and Nationwide Computer Distributors pays return freight after repair/replacement.
v. Goods being returned under warranty MUST include;
(a) Return Authorisation number (Issued via the Nationwide Computer Distributors website or obtained via fax if website unavailable)
(b) Adequate fault description
(c) Suitable packaging – Nationwide Computer Distributors will NOT warrant damaged goods

3) For Credit;
i. Credits can be issued for goods falling under the following categories:
(a) Nationwide Computer Distributors shipped the wrong product
(b) The product is Dead on Arrival (DOA) – ie. found to be faulty within seven
(7) days of Nationwide Computer Distributors invoice date.
(c) Damages or short shipments (must be reported to Nationwide Computer Distributors within 48 hours).

ii. Goods not falling under the categories in (i) above can be returned for credit (subject to management approval) AND will be subject to a 10% restocking fee under the following circumstances:
(a) Applicant cancelled the order
(b) Applicant ordered the wrong product
(c) Goods returned more than seven (7) days after Nationwide Computer Distributors invoice date (where approved by management).
(d) Goods are returned more than seven (7) days after receipt of Credit
Authorisation number.

iii. Credits will not be accepted by Nationwide Computer Distributors;
(a) Where goods are not in original condition AND packaging (including all
applicable manuals, cables and drivers, etc)
(b) Where an authorisation number (on the applicable form) is not included with the delivery
(c) Where the goods in question are not returned to Nationwide Computer Distributors within 7 days of the authorisation number being issued
(d) Where goods are damaged
(e) Where goods are sent back for credit because they are faulty, and no fault is found by Nationwide Computer Distributors

iv. Under no circumstances will Nationwide Computer Distributors accept freight forward deliveries.

6. Manufacturer Product Warranties

(a) Some manufacturers warranty information is provided on the Nationwide Computer Distributors website and price lists issued from time to time. For further details contact Nationwide Computer Distributors directly, or refer to the manufacturers website.
(b) Computer systems assembled by Nationwide Computer Distributors come with a 2-year back to base warranty unless otherwise expressly specified on the invoice.

7. Deliveries and Delivery Charges

All orders will be charged freight at the applicable rate, depending on the courier used, and at Nationwide Computer Distributors discretion.

8. Prices

(i) All prices and products (including errors and omissions) listed on the Nationwide Computer Distributors website, price lists and/or other promotional materials supplied from time to time are subject to change without prior notice.

(ii) Quotations are not held firm for any period of time unless expressly stated in writing on the quotation.

9. Applicant's Default

(a) If any payment is not received by Nationwide Computer Distributors by the due date, Nationwide Computer Distributors shall be entitled to:

(i) cancel the Applicant's credit limit and require all future orders by the Applicants to be on a cash on delivery basis;
(ii) refuse to supply any other orders until such time the default is rectified;
(iii) cancel all back orders; and/or
(iv) retake possession of the Goods.

(b) Nationwide Computer Distributors shall be entitled to terminate this agreement upon any of the following:

(i) the Applicant being in breach of any of the terms of this agreement for a period of seven (7) days;

(ii) the Applicant being a person is declared or made bankrupt or enters into any composition or arrangement with his creditors under Part X of the Bankruptcy Act, 1996 or being a company, is placed in liquidation or provisional liquidation or has Receiver or Receiver and Manager appointed to any of or all of its assets or has an administration with its creditors or if a mortgagee whether itself or by any agent takes possession of any assets of the Applicant or if execution is levied under any Court Judgement or otherwise of any assets of the Applicant; or

(iii) if any Guarantor of the Applicant is declared bankrupt or enters into any composition or arrangement with his creditors under Part X of the Bankruptcy Act, 1996.

Interpretation

In this document unless a contrary intention appears, the singular includes the plural and vice versa and reference to a gender includes other genders.

Headings in this document

Headings are for reference only and do not effect the construction of any provision in this document.