Terms & Conditions of Sale

  1. DISCLAIMER

Any advice, recommendation, information, assistance or service provided by iX Syrinx Pty ltd (Seller) to the new customer (Buyer) in relation to the goods sold or manufactured by the Seller is given in good faith and is believed by the Seller to be appropriate and reliable but the Seller does not warrant the suitability of goods supplied for any purpose whatsoever.

  1. TITLE AND RISK

Goods supplied by the Seller to the Buyer (Products) will be at the Buyer’s risk immediately upon: (a) delivery of the Products to the Buyer; or (b) collection of the Products by the Buyer’s nominated carrier or agent.

The parties agree that title to and ownership of the Products shall only be transferred to the Buyer when the Buyer has paid all monies owing to the Seller in respect of such Products.

If the Buyer has breached this Agreement, the Buyer authorises the Seller, at any time, to enter onto any premises upon which the Buyer’s Products are stored to enable the Seller to: (a) inspect the Products; and/or (b) reclaim the Products. This is in addition to any other rights the Seller may be entitled to by law or otherwise.

All unpaid goods shall be returned to the Seller if the Buyer becomes bankrupt, or if the Buyer, goes into liquidation or receivership or any form of insolvency administration.

  1. PURCHASE PRICE AND PAYMENT TERMS

The price to be paid by the Buyer to the Seller shall be as set forth on the Seller’s invoice.

Any typographical, clerical or other error or omission in any sales literature, quotation, price list, invoice or other document issued by the Seller shall be subject to correction without any liability on the part of the Seller.

Payment shall be made by the Buyer: (a) in full without set-off, counterclaim or withholding of any kind; and (b) within thirty (30) days from the date of the Seller’s invoice, unless otherwise agreed by the Seller.

Credit limits greater than $1500 are only available once trade references have been supplied and verified by iX Syrinx.

If payment is not received within the time indicated on the invoice, the Seller may charge a late payment fee of 2% per month. Interest shall accrue daily from the date payment became overdue until the Seller has received payment of the overdue amount, together with any interest accrued.

Without prejudice to the Seller’s other rights, the Seller reserves the right to suspend performance of the Agreement (including withholding shipment) in the event that the Buyer fails or in the Seller’s reasonable opinion it appears that the Buyer is likely to fail to make payment when due under the Agreement.

  1. DELIVERY

Delivery times advised to the Buyer are estimates only and the Seller shall not be liable for any loss, damage or delay suffered or incurred by the Buyer arising from late or non-delivery of the Products.

Delivery to a local address will be via the Seller’s ground transportation and subject to freight and handling charges.  Delivery to an international address will be subject to additional terms and charge.

  1. TERMINATION

The Seller shall the right to terminate this Agreement at any time by giving the Buyer 7 days’ prior written notice of termination.

The Seller may terminate this Agreement forthwith if the Buyer breaches any of the provisions of this Agreement. In such event, all amounts owed by the Buyer to the Seller under this Agreement shall become due and payable immediately.

  1. LIABILITY

To the extent permitted by law, the Seller shall not be liable to the Buyer or any other person under any circumstances for any loss, profit, revenue, interest, goodwill, or for any injury of death to any person, or for any direct, indirect, incidental or consequential damages sustained or incurred by the Buyer in relation to this Agreement.

  1. INTELLECTUAL PROPERTY

The Buyer acknowledges that: (a) Intellectual Property (as defined below) and any related documentation are the sole property of the Seller; and (b) all Intellectual Property of the Seller may only be used by the Buyer with the express written consent of the Seller.

Intellectual Property shall mean all trademarks, copyright and other intellectual property rights in relation to the Products.

  1. CREDIT INFORMATION

The Buyer agrees to and authorise the Seller to

  • request a credit reporting containing information about the Buyer’s credit profile/ arrangement from a credit reporting agency or bank for the purpose of assessing the credit application; and

 

  • notify and exchange information with any credit providers and collection agents of the Seller.

The Buyer shall furnish to the Seller all financial information reasonably requested by the Seller from time to time for the purpose of establishing or continuing this Agreement.

  1. CONFIDENTIALITY

The Buyer shall keep confidential and not disclose to any third party any information in respect of, arising from or in connection with the terms, conditions and provisions of this Agreement or arising from its performance of this Agreement, unless otherwise required by applicable laws or regulations.

  1. MISCELLANEOUS

Changes and modifications to this Agreement are valid only if agreed in writing by the parties.

Neither party shall be liable to the other party for damages arising from the failure to perform the obligations assumed in this Agreement when such failure shall be occasioned by government regulations, national emergency, act of God (including, but not limited to, fire, floods and earth-quakes) strikes and riots, shortage of raw materials or inability to purchase such materials at reasonable prices, lockout or any other cause beyond the control of such party.

The illegality, invalidity, unenforceability of any provision of this Agreement shall not affect the legality, validity and enforceability of any other provisions.

The Buyer agrees that failure or delay by the Seller to exercise a right or power under this Agreement shall not operate as a waiver.

The Buyer may not assign or attempt to assign any of its rights and obligations under this Agreement to any other person.

This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia and the parties agree to submit to the  exclusive jurisdiction of the  courts of the State of Victoria, Australia.

 

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