TERMS AND CONDITIONS OF SALE
In the event Buyer’s purchase order states terms additional to or different from these Conditions of Sale, then Seller’s acknowledgment in accordance with the terms hereof shall be deemed a notification of objection to such additional and/or different terms, or in the event such purchase order expressly limits acceptance to its terms then Seller’s acknowledgment in accordance with the terms hereof shall be deemed a rejection of Buyer’s offer to purchase, and in either event Seller’s acknowledgment shall constitute an offer to sell which may be accepted only in accordance with its terms and without modification, addition or alteration. The failure of Buyer to deliver notification of objection to these Conditions of Sale within a reasonable time shall be deemed in acceptance thereof and a contract shall be formed only upon such Conditions of Sale.
- Buyer agrees to pay the total purchase price including shipping and handling, as specified on the front of the Seller’s invoice and any sales or other applicable taxes levied on or measured by such purchase. Seller reserves the right by giving notice to the Buyer at any time before delivery to increase the price of such Goods when they have not been delivered. In certain instances the sales price to Buyer reflects an allowance to meet competition. Any such allowance is based on the Buyer’s warranty that the product will be shipped to the destination shown on Seller’s invoice. Prices, promotions and availability are subject to change without any notice. Buyer shall be provided a formal quotation at Buyer’s request. If Buyer agrees and accepts the quotation, quotation is to be signed by Buyer or Buyer’s agent and order will be placed by either signed quote or by purchase order. Buyer understands the merchandise will be built according to the specifications on the quote and therefore the merchandise is non-refundable, non-exchangeable, ALL SALES ARE FINAL. Seller agrees to deliver merchandise as specifically quoted to the Buyer.
- Prices specified do not include sales, excise, or other taxes payable on account of this transaction, and all taxes now in effect and/or hereafter levied which are applicable to this transaction, are in addition to such prices, and shall be paid by Buyer.
- All orders and contracts are subject to approval of Seller’s Credit Department and Seller’s General Sales Office.
- Seller may, at any time require payment in advance or satisfactory security or guarantee that invoices will be promptly paid when due. If Buyer fails to comply with any terms of payment, Seller reserves the right to withhold further deliveries or terminate the agreement of sale, without notice, and any unpaid amount shall thereupon become due.
- Purchaser shall make payment based upon the date of Seller’s invoice. All payments shall be made at Seller’s home office in Orange, California. In computing allowable cash discounts, freight charges and/or taxes shall be excluded.
- If payment is not made according to the terms stated herein, interest will be charged on any overdue portion at the highest rate permitted by law. Buyer’s payments on overdue invoices shall be applied first against accrued interest. Buyer agrees to pay all of Seller’s costs of collection hereunder, including reasonable attorney’s fees incurred both before and after any judgment is obtained.
B. WARRANTY; INDEMNIFICATION AND RESTRICTION
1.B. Seller expressly disclaims all warranties either express or implied, including any implied warranty of merchantability or of fitness for a particular purpose on new products. Seller bears no liability to anyone for incidental or consequential damages arising from loss or damages related to the merchandise. All new merchandise sold “AS IS.” Seller makes no warranty as to the performance of any merchandise sold and it is not responsible for system downtime, lost data, etc. This disclaimer by Seller in no way affects the terms of the manufacturer’s warranty.
All products come with the full manufacturer’s warranty. Please contact the manufacturer to arrange for the warranty handling of all defective products. Seller does not provide any kind of repair services on new merchandise.
1.C. Limits and Exclusions: There are no other express warranties except as listed below. Advanced Mobile IT SHALL NOT BE LIABLE FOR LOSS OF DATA OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT, OR ARISING OUT OF ANY BREACH OF THIS WARRANTY. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE APPLICABLE WARRANTY PERIOD SET FORTH ABOVE. Some states do not allow the exclusion or limitation of incidental or consequential damages, or limitations on how long and implied warranty lasts, so the above limitations or exclusions may vary from state to state. If a problem with your product develops during or after the warranty period, you may contact our representatives on (02) 9680 7844. If the problem is not handled to your satisfaction, then write to Advanced Mobile IT at the address indicated below.
1.D. Software Limited Warranty: Advanced Mobile IT warrants to you only the disk(s) or other media on which the programs are furnished will be free from defects in materials and workmanship under your purchase receipt. This is the only warranty Advanced Mobile IT makes to you. Advanced Mobile IT doesn’t not warrant that the functions contained in the Programs will meet requirements or that the operation of the programs will be uninterrupted or error free. Advanced Mobile IT’s entire liability and your exclusive remedy under this warranty shall be limited to the replacement, in the United States, of any defective disk or other media which is returned to Advanced Mobile IT’s Authorized Service Center, together with copy of the purchase receipt, within the aforesaid warranty period. Anything in the forgoing to the contrary notwithstanding, Advanced Mobile IT shall have no obligation for any defects in the disk(s) or other media on which the Programs are furnished resulting from your storage thereof, or for defects that have been caused by operation of the disk(s) or other media otherwise than on the product or in environmental conditions (other than those specified by Advanced Mobile IT) by alteration, accident, misuse, abuse, neglect, mishandling, mis-application, installation, maladjustment of consumer controls, improper maintenance, modification of damage that is attributable to acts of God. In addition, Advanced Mobile IT. shall have no obligation for any defects in the disk(s) or other media if you have modified, or attempted to modify any program. DURATION OF IMPLIED WARRANTIES, IF ANY, IS LIMITED TO THIRTY (30) DAYS. ADVANCED MOBILE IT ASSUMES NO RISK OF AND SHALL NOT IN ANY CASE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR NEGLIGENCE OR ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION LOSS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTED EQUIPMENT, FACILITIES, SERVICES, DOWNTIME COSTS, OR CLAIMS OF ANY PARTY DEALING WITH YOU FOR SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, or limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. The limited warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. This Limited Warranty will be governed by the laws of New South Wales, Australia.
NOTE: With the exception of the specific warranties specified above, Seller makes no warranty of any kind whatsoever, expressed or implied, and all warranties of whatever kind, are hereby disclaimed by Seller and excluded.
- Seller assumes no liability for any failure of Buyer’s specifications to meet Buyer’s requirements.
- The Buyer agrees to indemnify, defend and hold Seller and any of Seller’s suppliers harmless from and against any and all liabilities, injuries, death, losses, claims, complaints, damages and expenses (including, but not limited to, reasonable attorney fees, court costs, costs of investigation and defense, and other related expenses) suffered, sustained, incurred, arising from the use and operation of the purchased Goods. The Goods sold by the Seller are not designed to be used and operated with any life support equipment, human implantation, medical devices, nuclear system, weapon, aviation, mass transit or any application where failure or malfunction could lead to possible loss of life, catastrophic property damage or any other critical situations. Therefore, Buyer takes its own risk if the Goods are resold for those purposes. Buyer agrees to take full responsibility for any forms of direct, indirect, special, incidental, consequential or punitive damage, arising out of the purchase and operation of the Goods.
- Refused or Re-Routed Shipment/Cancel Order
If Buyer refuses shipment and/or attempts to cancel or rescind this Agreement without any legal excuse, Seller may opt to recover liquidated damages, consisting of 25% of the total price on Seller’s invoice plus all freight and handling charges. Notwithstanding the foregoing, Seller may refuse the return of Goods and seek its remedies under applicable law. Buyer shall pay all extra routing charges for any re-route shipment incurred by Buyer’s instruction or incorrect shipping information
- GENERAL LIABILITY
In no event shall Seller be liable for failure or delay in performance or delivery when such failure or delay results from or in connection with strikes, boycotts or other labour troubles of any kind; Seller’s participation at the request or urging of any government or governmental corporation, agency or bureau in any plan, policy or program of general public interest respecting priorities, allocations, limitations or other restraints which affect manufacture or delivery hereunder, or any other cause or occurrence beyond Seller’s control, including, but not limited to, riots, insurrections, revolution, wars (declared or undeclared), acts of the public enemy, fires, inclement weather, floods, windstorms, tornadoes, cyclones, tidal waves, lightening, earthquakes, or other acts of God, explosions, sabotage, landslides, embargoes, quarantine restrictions, damage, destruction or breakdowns of any kind of Seller’s equipment or facilities necessary for performance hereunder arising from any cause whatsoever, delays or failures of usual sources of supply of materials; any present or future laws, orders, regulations, directives or policies enacted, adopted, instituted or sponsored by any government or governmental corporation, agency or bureau affecting mandatory restrictions, limitations, priorities, allotments, allocations, prorations or substitutions which delay, restrict or prevent performance hereunder; or any other cause or occurrence beyond Seller’s control delaying, restricting or preventing Seller’s performance hereunder, whether or not like or similar to the causes or occurrence specifically enumerated above.
- Seller is not insuring Buyer against possible consequences of error, omission or neglect in production or delivery. Except for breach of the express warranties specified in B1 above, Seller shall not, under any circumstances, be liable on account of any imperfection, deviation from specifications or standard tolerances, or other defect impairing the quality, value, or suitability for any purpose, of any product sold hereunder, whether caused by Seller’s negligence or otherwise. In no event shall Seller be liable for consequential, special, or contingent damages, or any other claim or demand whatsoever, except to the extent of the purchase prices of the product, the refund of which shall be Buyer’s sole and exclusive remedy hereunder. Buyer assumes all risk of loss, damage or delay incident to the furnishing of any product pursuant to this acknowledgment, or the utilization thereof, except to the extent expressly above provided.
- Buyer shall fully specify all claimed defects or nonconformity by written notice to Seller promptly after Buyer’s receipt of the products, and Buyer shall give Seller an opportunity to investigate. Products claimed to be defective shall not be returned without Seller’s written consent.
- Shipping Responsibility and Charges
If it is necessary to return a unit to Advanced Mobile IT for service, purchaser shall be responsible for freight charges “to” Advanced Mobile IT repair center listed below. Advanced Mobile IT will be responsible for freight charges “back” to the purchaser. Normal freight method is ground. To obtain technical support or assistance dial: (02) 9680 7844 Correspondence requesting product information should be sent to: Advanced Mobile IT 28/5 Gladstone Rd, Castle Hill, NSW, 2154
- MISCELLANEOUS CONDITIONS
- The Waiver by Seller of any term, provision or condition herein stated shall not be construed to be a waiver of any other term, condition or provision hereof, nor shall such waiver be deemed a waiver of a subsequent breach of the same term, condition, or provision, nor shall it be deemed a waiver of any conditions in any subsequent order.
- Buyer may not cancel or modify any order or request the privilege of making any changes in specification except in writing and with the express consent of Seller and subject to such conditions as will save Seller harmless from any loss by reason thereof. This acknowledgment constitutes the sole and entire agreement between Buyer and Seller and none of the terms and conditions contained herein may be added to, deleted, modified or altered except by a written instrument signed by Seller. There are no oral understandings, representations or agreements relative to this acknowledgment which are not fully expressed herein.
- This Agreement and the rights and obligations of Buyer and Seller shall be governed by, construed and interpreted in accordance with the laws of New South Wales, Australia.