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Terms and Conditions of Sale
Axiom Networking Solutions (ABN 68 248 828 561)
All sale goods by Axiom Networking Solutions are concluded on the under
mentioned
STANDARD TERMS AND CONDITIONS OF SALE
This Agreement is current as of 20 June 2005. Axiom Networking Solutions
reserves any rights not expressly granted in this Agreement.
1)
ACCEPTANCE OF
ORDER. This
document (the “Order”) sets forth the terms and conditions on which Axiom
Networking Solutions is willing to sell to the buyer (“Buyer”) set forth on the
front
side of this document the products described on the front side hereof.
Commencement of delivery of the products, and acceptance of such delivery by
Buyer, shall constitute acceptance by Buyer of a contract on the terms and
conditions herein. Notwithstanding anything to the contrary contained in this
document or any of the Buyers' forms, this sale is expressly conditioned on the
terms and conditions set forth in this document and no others. Axiom Networking
Solutions rejects any offer embodying contrary terms and conditions and, in such
case, these terms and conditions shall constitute a counter-offer by Axiom
Networking Solutions.
2)
HOURS OF
OPERATION. If you
would like product, pricing or order status information, our customer service
team is available to assist you Monday – Friday from 9 AM to 5 PM Australian
EST, excluding Australian, Queensland & Brisbane Public Holidays.
3)
SALES TO END USERS
ONLY. The Axiom
Networking Solutions' e-store sells and ships products to end user customers
only.
4)
WARRANTY.
Axiom Networking Solutions warrants to Buyer that the products included with
this Order shall be free from defects in workmanship and materials for the time
period (the “Warranty Period”) set forth in GretagMacbeth’s standard warranty
currently in effect, a copy of which may be obtained from Axiom Networking
Solutions. The warranty will be effective only if Buyer shall have notified
Axiom Networking Solutions of any defects promptly upon their discovery by Buyer
and within the Warranty Period, and if Axiom Networking Solutions’ examination
of the part or component shall disclose to its satisfaction that the defect has
been caused by defective workmanship or use of defective materials by the
manufacturer. The manufacturer will replace or repair, without charge, but at
manufacturer’s option, any product shown to be otherwise than as warranted. The
warranty obligation hereunder shall not apply to any defects caused by normal
wear and tear, integration into or with other products by Buyer or others, use
of after-market replacement parts not approved or supplied by the manufacturer,
or neglect, misuse or other actions caused by the Buyer or any other entity.
Except for its obligation to repair or replace products as set forth above,
neither the manufacturer or Axiom Networking Solutions shall have no other
liability for defects in products under any theory, including contract, tort
(including, but not limited to gross negligence), or equity. EXCEPT AS
EXPRESSLY PROVIDED HEREIN, NEITHER AXIOM NETWORKING SOLUTIONS NOR THE
MANUFACTURER GIVES NO OTHER WARRANTY, EXPRESS OR IMPLIED, IN CONNECTION WITH
PRODUCTS SOLD HEREUNDER, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF YEAR
2000 COMPLIANCE.
In no way will Axiom Networking
Solutions be liable for any indirect, special, or consequential damages
(including lost profits) in connection with or arising out of Axiom Networking
Solutions’ obligations under this warranty.
5)
DELIVERY DELAY.
Scheduled shipping dates are approximate and are subject to prompt receipt from
Buyer of all information necessary to manufacture the goods. Time is not of the
essence in the sale contemplated by the contract arising out of acceptance of
Buyer’s order.
Axiom Networking Solutions shall
in no event be liable for any damages arising from any delay in shipment or
delivery of any goods hereunder. The happening of any contingency beyond Axiom
Networking Solutions’ reasonable control shall not constitute cause for
cancellation of the order but shall extend Axiom Networking Solutions’ time to
delivery for a period equal to the duration of such contingency.
6)
LIMITATION OF
LIABILITY. IN NO
EVENT WILL AXIOM NETWORKING SOLUTIONS HAVE ANY LIABILITY WITH RESPECT TO THIS
ORDER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OF ANY KIND
WHATSOEVER. IN NO EVENT WILL AXIOM NETWORKING SOLUTIONS HAVE ANY LIABILITY TO
THE BUYER IN CONNECTION WITH ANY PRODUCTS IN EXCESS OF THE PURCHASE PRICE PAID
BY BUYER FOR SUCH PRODUCTS.
7)
PRICES.
Prices and other terms quoted by Axiom Networking Solutions are subject to
change without notice. All prices and terms are subject to adjustment on
account of specifications, quantities, shipment arrangements or other terms and
conditions that are not a part of the original quotation. All prices are quoted
in Australian Dollars unless otherwise specifically indicated.
8)
PAYMENT.
Terms of payment will be expressly provided herein. Payment terms
are strictly Cash before delivery. Axiom Networking Solutions
accepts direct deposit, cheque, or credit card payments via
PayPal
or
PayMate.
To pay by direct deposit, you will
need to transfer the specified amount in Australian Dollars directly into our
bank account using the details provided. To ensure that we can correctly
match your payment to your order, you should include your Invoice number as a
reference with your payment. We also require that you send us notification
and details of your payment by email or fax. We are not liable for direct
deposit payments that, for any reason, do not arrive in our account.
Cheques must
be payable to Axiom Networking Solutions., and include your invoice number
and/or a copy of your invoice. Please mail your payment to:
Axiom
Networking Solutions,
PO Box 334, Jimboomba, Qld, 4280, attn: Accounts Payable.
To pay by credit card, you will need to follow the link provided, which will
direct you to a third-party website (paypal.com.au) to make Your payment.
You can pay for your order at paypal.com.au with VISA or Mastercard. Axiom
Networking Solutions makes no warranty about the security or suitability of the
services provided by paypal.com.au and assumes no liability for any damages
resulting from your use of paypal.com.au to pay for your Order by credit card.
Refer to
paypal.com.au for their terms and conditions of use. We are not liable
for credit payments that, for any reason, are unsuccessful.
Axiom Networking
Solutions must receive your payment within 10 calendar days or your order will
be canceled. Please allow 1 business day for order processing after Axiom
Networking receives your payment and the funds have cleared into our account.
Title to all goods supplied hereunder passes to the Buyer only after Axiom
Networking Solutions receives payment for such goods in the Australian
currency.
9)
RETURNS.
You must notify us by phone, email or fax within 24 hours of delivery if
there is a problem with Your Order. All returns of goods must be approved in advance, by Axiom Networking Solutions
and must be issued a Return Authorisation Number.
The RA number needs to be clearly marked on a removable sticker on the
carton. Please DO NOT write the RA number directly on the box as all
goods need to be returned in original condition. Return authorisations will only be issued where Axiom Networking
Solutions believes the Goods to be genuinely faulty or incorrect from the
descriptions provided by you. If items are missing from Your Order, we
will dispatch them immediately, at no extra cost to you.
You are responsible for the cost of
returning any Goods to us. Goods sent COD will not be accepted. When returning
Goods, You should ensure that they are adequately packaged to reduce the risk of
being damaged in transit. Items that are insufficiently or incorrectly packaged
will not be accepted for refund or return. Axiom Networking Solutions is not liable for any Goods
that are lost or damaged in transit to us.
We do not offer refunds or returns
for incorrect choice or if You change Your mind. You should choose Your Goods
carefully and contact us before ordering if You have any queries. We make no
guarantee as to the suitability of our products for Your purposes or
compatibility with other equipment and systems.
10)
SPARE PARTS.
Spare parts ordered hereunder may be new or remanufactured.
11)
ASSIGNMENT.
No assignment of this contract shall be valid or binding upon Axiom Networking
Solutions unless such assignment shall be in writing and duly approved by Axiom
Networking Solutions by endorsement thereon of its consent thereto.
12)
TITLE OF GOODS.
The title of the Goods supplied does not pass to You from Axiom
Networking Solutions until the amount is paid in full and the Goods are
delivered to You. We reserve the right to collect the Goods if, for any
reason, full payment is in question or doubt. Axiom Networking Solutions
owns the title of any extra Goods shipped with Your Order that have been
dispatched in error.
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13) PRIVACY POLICY. At Axiom Networking Solutions, we take
your privacy very seriously. |
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13.1 Personal information |
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We do not collect or record personal information, unless you provide it
to us explicitly during an interaction with us, via our website or by
email, phone, fax or mail. Any information that you provide is treated
as confidential and stored securely. It is used only for the purpose
intended or stated. It will not be shared with anyone else without your
knowledge or consent unless we are required by law to disclose such
information. |
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13.2 Logs |
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Visitor logs are used on this site and include your Internet (IP)
address, the date and time of your visit, the pages you downloaded, and
information about the browser you used. We will not attempt to identify
individual users. The information that we collect in this way will only
be used to update and improve the content and usability of our website. |
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13.3 Cookies |
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When you use our Website, our system will automatically set a "cookie".
A cookie is a small amount of data that may be saved on your computer
and is accessible to our Website. We use cookies to maintain your
shopping cart. The only time we use a cookie to collect your personal
data is when you enter your details into our Order form. This allows you
remain anonymous while shopping. As soon as you place your Order, all
cookies are deleted. Otherwise, the contents of your shopping cart and
the product options are stored in a cookie on your computer for up to 30
days, after which they are deleted by your browser. The cookie
containing your personal data is destroyed as soon as you close your
browser. |
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13.4 Security |
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We will take all reasonable steps to store your personal information
securely. In particular, we want you to feel confident in dealing with
us on the Internet. |
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We do not collect or store any Credit Card details. All Credit Card
processing is handled by a third-party website, paypal.com.au. Refer to
paypal.com.au for their terms and conditions of use.
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13.5 Customer database |
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Once you have placed an Order with us, we store the information you have
provided to us in our off-line customer database, to allow us to fill your Order
and provide you with customer service. |
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13.6 Email |
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Axiom Networking Solutions does not sell, rent or lease its customer
lists to third parties. Your email address will only be used to communicate with you about your
Order and to respond to your queries. It will not be kept or used for
any purpose other than stated. Your email address will not be added to a
mailing list unless you give your consent, nor will it be disclosed to
anyone else without your knowledge or consent. |
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13.7 Accessing your data |
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You are welcome to contact us at any time and ask what information we
are keeping about you, why we are holding it and what we use it for.
Please let us know if your information is incorrect or out-of-date, and
we will update our records accordingly. |
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