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IPC Direct - Terms and Conditions of Trading

1. PRECIS

These conditions together with any specifications attached hereto shall constitute the contract entered into between IPC Direct Pty Ltd, ABN 43 117 635 006, (herein called “The Seller”) and the customer (herein called “The Purchaser”) to the exclusion of all other conditions, representations or warranties whatsoever expressed or implied, including any Purchaser’s Conditions of Order.

This website is governed by these Terms and Conditions. The Seller reserves the right to change the Website, and amend these terms and conditions without prior notice.

2. ORDER PROCESS

The operation of the website and the order procedures and flow is as follows:

The system will generate a sales order and send you a copy by email, which you can print for your records.

We will process the sales order and send you a Pro Forma Invoice that will detail the product you wish to purchase, the applicable freight based on the delivery address provided and the size of the consignment, and all GST owing on the sale. We will also provide an estimate of the lead time for the product if it is not currently in stock.

To conclude the sale, pay for the order within seven (7) working days. On receipt of cleared funds we will ship the order.

3. PRICES

The prices displayed on The Sellers website are in Australian Dollars (AUD), and DO NOT include Australian GST of 10%, nor do they include any delivery charges. Prices are subject to variation at the discretion of The Seller to compensate The Seller for fluctuations in exchange rates, increases in taxes or duties imposed by any Government or Authority and increases in prices charged to The Seller by its’ suppliers. The Seller takes all effort to ensure the prices for all items are correct and updated.

4. PAYMENT TERMS

Credit is not available under any circumstances. Payment will be required immediately prior to the goods being shipped. Payment may be Cash, Credit Card or Direct Deposit. A 2.5% surcharge is applicable for Credit Card Payments and only VISA, Mastercard and Bankcard are acceptable.

Goods will not be dispatched until payment funds have been cleared into the Purchasers Bank Account. This must be completed within 7 working days, or the order will be deemed cancelled and deleted from our system. You will be advised if this action is taken. If the purchase is to proceed after this action, a new order will be required.

The Seller reserves the right at all times to determine the payment terms which will be offered at the time of acceptance of the order. The Purchaser shall not specify the conditions or terms which will be offered at the time of acceptance of the order. The Purchaser shall not specify the conditions or terms under which it will trade with The Seller, nor specify the conditions or terms of credit granted.

The Seller shall have the right to require payment in advance, or satisfactory security, for orders requiring special importation, or modification, or for orders of significant value. The Seller shall have the right to demand suitable proof of identity at its discretion for Credit Card payments.

5. DELIVERY

Delivery charges within Australia, or Internationally, will be subject to individual quotation. The Purchaser will be notified of shipping costs when the Pro Forma Invoice is generated. No shipping cost will be added to orders where The Purchaser specifies their own carrier. If the shipping cost quoted by The Seller is considered to be too high by The Purchaser, The Purchaser can choose to reject the offer or opt for other shipping alternatives if there are any.

The Purchaser will offer shipping insurance to cover delivery if requested.

Time shall not be of the essence of the contract. Delivery dates are estimated in good faith by The Seller and are based on information supplied to The Seller by its suppliers. The Seller shall not be liable for any delay in delivery due to causes beyond its reasonable control including acts of God, acts of civil or military authority, fire, strike, flood, epidemic, quarantine restriction, war, riot, civil commotion and delay in transportation etc. In the event of delay due to such causes the date of delivery shall be extended for a period equal to the time lost by reason of delay. In any event, The Seller will attempt, to the best of its means, to expedite delivery and inform The Purchaser of such delays. Unless otherwise specified all prices quoted by The Seller are F.O.B. (Free On Board) at The Seller’s place of business.

The Seller will advise The Purchaser of the delivery costs prior to payment for the goods. These costs will be shown on the Pro Forma Invoice issued for payment.

6. SUSPENSION OF DELIVERY

If The Purchaser fails to make any payment due within 7 working days of the date of issuance of a Pro Forma Invoice, The Seller reserves the right, among other remedies, to cancel the Order and notify you to that effect.

7. CANCELLATION

Cancellation or variation of the undelivered part of an order or scheduled order will only be accepted by The Seller if indemnified by The Purchaser in respect of costs or losses consequently incurred.

8. PROPERTY AND RISK

The Property and Title in any goods sold shall remain with The Seller until The Purchaser has paid the full amount invoiced for the goods and discharged any other indebtedness to The Seller. The property and Title in any goods is non-transferable until The Purchaser has paid the full amount invoiced for the goods and discharged any other indebtedness to The Seller.

Goods shall be at The Purchaser’s risk from the time they reach The Purchaser’s premises.

9. RETURNS

No goods shall be accepted for return after 7 days of delivery. It is The Purchasers sole responsibility to ensure that the goods are suitable for The Purchasers application, and to test the goods within the 7 day return period.

Goods returned within 7 days will not be accepted unless in original condition, fully functional, with all accessories, cables, manuals and software, and in original packaging and accompanied by a Return Material Authorisation form – available on request.

No products specifically manufactured or supplied to The Purchasers specifications or special requirements are returnable. Non stock product specifically imported at the request of the purchaser is not returnable.

Any goods delivered by The Seller and accepted for return within the specified period shall be subject to a re-stocking fee of $A25.00 or 10% of the invoice price, whichever is the greater.

Goods imported by The Seller for The purchaser, that have been manufactured to The Suppliers/Manufacturers standard specifications shall only be returnable subject to acceptance by The Supplier/Manufacturer and the provisions of their return clause. In the event that goods are accepted by The Seller for return to the Supplier/Manufacturer then The Purchaser shall pay all drawback costs, freight costs, handling charges and all other costs associated with the said return of goods. The Purchaser shall pay all costs referred to and described in this paragraph in addition to and as a separate item to the re-stocking fee.

10. CLAIMS

Claims for damage, breakage, short delivery and loss can only be accepted if the Carriers Consignment Note is signed to that effect and is subject to a case-by-case basis. Shipping cost quoted by The Seller are not insured against breakage, short delivery, loss or whatsoever unless upon The Purchasers request, and are subject to the Carriers Terms and Conditions of Transport. Notification must be made in writing by fax or email within 3 days of delivery. Claims will not be accepted unless this procedure is adhered to.

11. EXCLUSION OF RELIANCE UPON SELLERS SKILL

The Purchaser expressly acknowledges that no reliance is placed upon the skill or judgement of The Seller, its servants or agents. Any condition or warranty that the goods shall be fit for any particular purpose is hereby specifically excluded. The choice of products is the sole and absolute responsibility of The Purchaser and the use they are put to cannot be the liability of The Seller.

12. EXCLUSION OF LIABILITY FOR LOSS

The Seller shall not be liable to The Purchaser, its successors, assignees, employees, agents or customers for any damages or consequential loss of any description howsoever caused by the goods or the use thereof.

13. PROPER LAW

All sales from this Website shall be governed by the Laws of the State of New South Wales whose courts shall have jurisdiction over any dispute arising herefrom.

14. DIRECT PAYMENT

Direct payment can be made to Bendigo Bank, BSB 633 000, Account No. 127388783. Account Name – IPC Direct Pty Ltd.Please fax a copy of the remittance advice to (02) 9457 6444

15. WEBSITE MISUSE

The Seller reserves the right not to attend to Purchasers Orders if there is suspicion of misusing our website. Such as, if The Purchaser has not settled payment of any purchase after several continuous confirmed orders, or if the quantity order is ambiguous.

16. DISCLAIMER

IPC Direct Pty Ltd uses due care and diligence in the creation of this website, however, no responsibility or liability is assumed for any errors, omissions or mistakes of any kind whatsoever contained within this site. IPC Direct Pty Ltd continually checks and updates information on its website. Despite of the care we take, manufacturers specifications may change, and these changes are not immediately reflected on this website, accordingly no liability is accepted, or guarantees given, for the correctness of the information on this website. IPC Direct Pty Ltd reserves the right to make changes to this website as they see fit, and IPC Direct Pty Ltd will accept no responsibility or liability for any loss, damage, expense or cost incurred through use or information obtained from this website.

17. COPYRIGHT

Copyright © IPC Direct Pty Ltd 2006. All rights reserved. All material is subject to copyright and no part of this material may be reproduced, copied, translated or modified without prior written consent from IPC Direct Pty Ltd.

18. PRIVACY POLICY

IPC Direct Pty Ltd collects personal and business information in a lawful and fair manner. Information collected and recorded is that provided by the individual and shall be retained for business purposes only. Any future contact will be relative to any previous enquires made on IPC Direct Pty Ltd and provisions will be made for an individual or business to opt out of receiving further marketing material. IPC Direct Pty Ltd will not disclose information it collects to a third party.

19. THIRD PARTY LINKS

IPC Direct Pty Ltd will accept no responsibility or liability for any loss, damage, expense or cost in respect to the contents of any link to a third party website. IPC Direct Pty Ltd is not responsible for the correctness or contents of any websites reached by such connections.

20. WARRANTY

The warranty on any product shall be that of the manufacturer. Some product displayed on the IPC Direct Website may be old stock, or discontinued product, and may have a warranty other than that of the manufacturer, or no warranty at all (other than refund). Such product will have the specific warranty variation noted on their respective product pages.


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