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Terms and Conditions These Terms and Conditions apply to all Sales, Service and Technical Support offered by EzeHire in Australia. DEFINITIONS " EzeHire" means the EzeHire Australia Ltd. “Goods” shall mean any items sold by EzeHire to the Client. “Service and Technical Support” Shall mean any service, Service level agreements or technical support included in a contract. " Client" means the person or legal entity identified on EzeHire Sale Documentation. " Contract" means a contract for sale or service between EzeHire and the Client. of the products and/or services incorporating these Terms and Conditions. 1. CONTRACT FORMED 1.1. A contract shall be deemed to have been formed when an order form the client is accepted by EzeHire and EzeHire has dispatched a written confirmation of that order to the client either physically or electronically 1.2. No contract shall come into existence until the Client's order has been accepted by EzeHire and such acceptance has been dispatched to the Client. 1.3. All of the products sold or services rendered are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Client. The Client acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions. 2. AGREED PRICE, CLIENT ORDERS, AND PAYMENT 2.1. The Agreed price shall be the total price displayed on the quotation or invoice (electronic or physical). 2.2. Payment for the products or services shall be made in full before physical delivery of products or services. Unless credit terms have been expressly agreed by in writing by EzeHire, 2.3. All Freight and handling charges shall be paid for by the client and no quotation or invoice shall be deemed to have included any such charges unless specifically referred to on the said quotation or invoice . 2.4. Time for payment is of the essence. EzeHire reserves the right to charge interest at the rate of 2% per week for any payments outside of the terms of the invoice.
3. TAXES AND GOVERNMENT CHARGES
The Client shall bear any and all government taxes, excise or levies applicable to the purchase or use of the goods. Should any additional taxes or government charges be introduced or the rate of any applicable tax or government charge change then EzeHire reserves the right to adjust the Invoice price to include such changes or new taxes or government charges. 4. USE AND MAINTENANCE OF GOODS Any failure to use, service and maintain the equipment in accordance with the manufacturers and supplier’s recommendations and instructions you may void your warranty. 5. SOFTWARE 5.1. All software provided is subject to the terms and conditions of the software license agreement relating to that software. The client acknowledges obligations to abide by the said license agreements. The client acknowledges that EzeHire does not warrant any software under these Terms and Conditions. In addition to any rights the client may have under statute, all software is warranted only in accordance with the license agreement that governs its use. 5.2. All rights, title or interest in respect of any intellectual property rights in the software remain with EzeHire or the licensor of the software at all times. 6. TITLE AND RISK Title to and risk in the products shall pass to the Client upon dispatch of the products to Client. Title to those products, which are software, shall remain with the applicable licensor(s) at all times. 7. DELIVERY 7.1. EzeHire will dispatch the products to the place of delivery designated by Client and agreed to by EzeHire ("Place of Delivery"). 7.2. EzeHire may, at its discretion, deliver the products by installments in any sequence. Where the products are so delivered by installments, each installment shall be deemed to be the subject of a separate contract and no default or failure by EzeHire in respect of any one or more installments shall vitiate the Contract in respect of products previously delivered or undelivered products. 7.3. Any dates quoted by EzeHire for the delivery of the products are approximate only and shall not form part of the Contract. EzeHire shall not be liable for any delay in delivery of the products and/or services, howsoever caused. 7.4. EzeHire may revise and/or discontinue Products at any time without notice as part of the EzeHire policy of on-going Product up-date and revision. Revised or updated Products will have the functionality and performance of the Products ordered. The Client accepts that EzeHire policy may result in differences between the specification of Products delivered to the Client and the specification of Products ordered. 8. ACCEPTANCE OF PRODUCTS 8.1. The client will inspect and account for the delivery of all good in a damage free condition before signing for acceptance of the goods. Once the client signs for the acceptance of the goods the client shall be deemed to have accepted delivery of the goods in damage free condition and thereafter can make no claim for damage in transit. 8.2. Where the client collects or arranges for collection or freight of the goods the customer is responsible for any damage in transit and EzeHire shall not be liable for any damage after they have left the EzeHire dispatch depot. 8.3. Unless the Client notifies EzeHire to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Client as being in good condition and in accordance with the Contract. The Client shall not be entitled to withhold payment of all or any of the prices of the Products whilst any claim is being investigated by EzeHire. 8.4. New EzeHire -branded products purchased under these Terms and Conditions directly from EzeHire by an end-user client may be returned by client up to fifteen (15) days from the date of the invoice for a replacement, refund or credit of the purchase price in accordance with EzeHire Customer Care policies and term and conditions in effect on the date of the invoice. The refund or credit will not include any shipping and handling charges forming part of the purchase price and freight–in-store or restocking charges may apply. Returned products must be received by EzeHire in as-new or as-shipped-by- EzeHire condition, including conformance to invoiced specification, and all of the manuals, diskettes, CD's, power cables and other items included with a product must be returned with it. 9. WARRANTY 9.1. Unless specified otherwise and in addition to any rights the Client may have under statute, EzeHire warrants to the Client that EzeHire branded Products (excluding third party products and software), will be free from defects in materials and workmanship affecting normal use for a period of one year from invoice date ("Standard Warranty"). 9.2. This Standard Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorized by EzeHire, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; any attempt by any person other than EzeHire personnel or any person authorised by EzeHire, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by EzeHire. 9.3. T he Standard Warranty does not cover any items that are in one or more of the following categories: software; external devices; accessories or parts added to the Product after the Product is shipped from EzeHire; accessories or parts added to the Product after sale. 9.4. During the one-year period beginning on the invoice date, EzeHire will repair or replace Products returned to EzeHire's facility. Client must prepay shipping and transportation charges, and insure the shipment or accept the risk of loss or damage during such shipment and transportation. EzeHire will ship the repaired or replacement products to Client freight prepaid. 9.5. While not affecting any non-excludable warranty or guarantee implied by law, EzeHire does not give any warranty that the Products are fit for any particular purpose and this Standard Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law. 9.6. The Client agrees that to the extent permitted by law, in relation to third party products purchased through EzeHire, where such of the Products are covered by a relevant manufacturer's warranty, then the Client will first make a claim against the manufacturer and shall utilise that warranty for the support of such Products and in any event not look to EzeHire for such warranty support in the first instance. 10. SERVICE AND TECHNICAL SUPPORT EzeHire will provide general service and technical support to client in accordance with the then-current service and technical support policies and service level agreements. Service and support offerings will vary from product to product. If the client purchases optional services, service level agreements and support as listed on the client's invoice, EzeHire will provide the optional service and support to the client in accordance with the then-current terms and conditions in the optional service contract between EzeHire and Client in addition to the Standard Warranty. The then current terms and conditions can be viewed on the EzeHire Web site http://www.EzeHire.com.au EzeHire may, at its discretion, revise its general and optional service and support programs and the terms and conditions that govern them. EzeHire has no obligation to provide service or support until EzeHire has received full payment for the product or service/support contract for which service or support is requested. 11. LIABILITY 11.1. To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by EzeHire shall be subject to correction without any liability on the part of EzeHire. 11.2. EzeHire shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute. 11.3. To the extent permitted by law, EzeHire and the Client agrees that EzeHire will not be liable for Products being unavailable for use, or for data or software which has been lost, corrupted, deleted or altered. 11.4. EzeHire shall not be liable to the Client for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services, even if EzeHire has been advised of their possibility. 11.5. Any service response times stated by EzeHire in the service contracts are approximate only and EzeHire shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever occasioned. 11.6. To the extent permitted by law EzeHire total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products or services under these Terms and Conditions. Under the Act, where implied conditions and warranties cannot be excluded, EzeHire liability for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at EzeHire's option, to : 11.6.1. in the case of products, the replacement of the products or the supply of equivalent products; the repair of such products; the payment of the cost of replacing the products or of acquiring equivalent products; or the payment of the cost of having the products repaired; OR 11.6.2. in the case of services, the supplying of services again; or the payment of the cost of having services supplied again. 11.7. The Client shall indemnify EzeHire and keep EzeHire fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of the Client, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
12. FORCE MAJEURE Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations. 13. EXPORT RESTRICTIONS The Client acknowledges that the Products licensed or sold hereunder, which may include technology and software, are subject to the export control laws and regulations of the country in which the Products are received. The Client agrees to abide by all applicable export control laws and regulations. 14. GOVERNING LAW These Terms and Conditions shall be governed by and construed in accordance with the laws of Queensland and shall be subject to the jurisdiction of the courts of Queensland. 15. GENERAL 15.1. The Client shall not assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without first having approval and written consent from EzeHire to do so. Any such unauthorized assignment shall be deemed null and void. 15.2. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. 16. JOINT AND SEVERAL OBLIGATION If there is more than one Client , “Client” means each of them severally and every two or more of them jointly. Ezehire Australia Limited - 320 Adelaide Street, Brisbane. Queensland. 4000. Ph. 1300 789403 email |