Terms and Conditions
Any quotation made by the company is not an offer to sell or to provide services and no order given in pursuance of any quotation shall bind the Company until accepted by it in writing or by the commencement of the supply or provision of services.
2. ACCEPTANCE OF BUYERS ORDER
Unless otherwise agreed in writing all orders are subject to acceptance by the Company within 30 days of receipt by the Company of the Purchaser's order and these terms and conditions will be deemed to be incorporated in any agreement between the Company and the Purchaser. Any terms and conditions contained in the order offer acceptance or other document of the Purchaser and, subject to the provisions of the Trade Practices Act, all representations statements terms conditions and warranties (whether implied by statute or otherwise) not embodied herein are expressly excluded to the fullest extent permitted by law.
3. CANCELLATION OF ORDERS
Once placed, no order may be cancelled by the Purchaser except in writing and then and then only with the prior consent of the Company.
While descriptions of the equipment or services and brochures accompanying any quotations are as accurate as possible, we reserve the right to supply the equipment or services with such modifications and specification at the company's discretion.
The prices of Goods shall be EX warehouse and shall be specified in the Company’s price list current at the time of invoice by the Company which prices and list may be varied by the Company at any time without notice. Unless we state in writing to the contrary the price does not include GST or installation. The Company reserves the right to charge freight at an amount determined from time to time at the Companies discretion. Unless a price is stated in writing to include GST, the Company will, in addition to the price for a supply, charge the Purchaser any GST which may be payable in respect of that supply.
6. PAYMENT TERMS
Payment Terms are Net 30 days from the end of the month in which the goods are purchased, to approved Purchasers only. All other sales are Cash With Order, unless agreed in writing by the Company.
If any payment is not made by the Purchaser to Dragon Image Australia on the due date thereof: a) the Purchaser shall, without prejudice to Dragon Image Australia's other rights, pay Dragon Image Australia a default charge at the rate of two per cent (2%) per month or part thereof from the due date for payment until the date payment is made; b) Dragon Image Australia reserves the right, and without prejudice to its other rights hereunder and at law, to cancel orders or to suspend deliveries of other Goods until such payment has been made; and c) all moneys owing to Dragon Image Australia including all monies owing to Dragon Image Australia for Goods sold shall become immediately due and payable and the Purchaser shall indemnify Dragon Image Australia against all costs (including Solicitor and own client costs, commercial agents, commissions, freight, surcharges, fees, insurances, accounting costs, loss of profit and all interest) incurred by Dragon Image Australia as a result of such default and the action taken by Dragon Image Australia in respect of the same.
The Company may deliver the goods by installments or partial shipments and the Purchaser will accept each delivery. Requirements shall not be a condition or of the essence of the contract. The Company shall not be under any liability for direct or consequential loss or damage to the Purchaser arising from delay or postponement of delivery. The Company shall have the sole and absolute discretion as to the choice of carrier and method of carriage of the goods. Should the purchaser nominate their own carrier than all charges relating to such a delivery will be for the Purchaser’s own account. In the event that the Purchaser alleges that any of the Goods have not been delivered as ordered it shall give written notification of such alleged non-delivery to Dragon Image Australia within seven (7) days of the date of invoice relating to those Goods and a full description of the goods.
Goods supplied by the Company to the Purchaser shall have the benefit of any Warranty given by the Manufacturer, however, subject to the Trade Practices Act, the Company shall not be liable for any damage direct, or consequential arising out of any defects. All other Conditions hereby expressly negated so far as they lawfully can be.
9. CLAIM AND RETURN POLICY
The Purchaser shall be responsible for inspecting the goods immediately upon delivery to ensure that the goods are those ordered by the Purchaser. The Purchaser's responsibility shall not in any way be diminished or extinguished in the case of goods which are delivered to a third party at the direction of the Purchaser. All claims must be submitted in writing within 7 days of receipt of invoice. Goods cannot be returned for credit, except with prior issuance by the Company of its Goods Return Authorisation Number. Goods will not be accepted by warehouse unless the-Goods Return Authorisation is clearly marked on documents accompanying returned goods. All goods returned should be in new condition, original packaging and include all, accessories manuals and instructions. Where any part of a product is not returned, Dragon Image Australia reserves the right to reduce credit by the price for said accessories, manuals and instructions. Returned goods will be subject to count & inspection before credit is passed. Where goods are returned for reasons other than faulty, damaged or incorrectly delivered goods, the Company reserves the right to apply a re-stocking fee of 25% of the sale price of the returned goods
10. TITLE & RISK
The Purchaser acknowledges and warrants to Dragon Image Australia that the Purchaser is not insolvent and being a natural person has not committed an act of bankruptcy or made an arrangement with his creditors or being a company knows of no circumstances which would entitle any debenture holder or secured creditor, or any other party, to appoint a receiver, to petition for winding up of the Purchaser or apply for the appointment of a manager or administrator or exercise any other rights over or against the Purchaser's assets. The Purchaser will immediately notify Dragon Image Australia if it becomes aware of any such circumstances. The Purchaser acknowledges that these Terms and Conditions constitute an agreement to supply Goods to the Purchaser upon the Terms and Conditions herein set out and are not an unconditional sale of Goods to the Purchaser or until the Purchaser sells the goods to a third party or until the Goods are incorporated into end products and are not severable there from.
The Purchaser acknowledges and agrees that no title to the Goods shall pass to the Purchaser by reason of the delivery of the Goods or the acceptance by Dragon Image Australia of the Purchaser's request to supply the Goods, although risk shall pass to the Purchaser on the delivery of the Goods. It is a condition of these Terms and Conditions that Dragon Image Australia shall remain the sole and absolute owner of the goods until such time as the agreed price of the Goods the subject of this supply contract, and all other Goods supplied by Dragon Image Australia to the Purchaser and all debts owing by the Purchaser to Dragon Image Australia shall have been paid in full to Dragon Image Australia by the Purchaser.
Until such time as payment in full has been made for the Goods and all debts, the Purchaser shall be the bailee of all of the Goods for Dragon Image Australia and shall store them upon its premises separately from its own Goods or those of any other person in a manner which makes them readily identifiable as the Goods of Dragon Image Australia.
The Purchaser's right to possession of the Goods in which Dragon Image Australia retains title shall cease at whichever is the earliest of the following dates: a) upon the expiration of time given by Dragon Image Australia for payment in full of the Goods; b) if the Purchaser being a natural person commits an act of bankruptcy or compounds or makes an arrangement with his creditors, or any of them, or if any execution or distress is levied upon the Goods of the Purchaser, c) if the Purchaser being a company is wound up, either compulsory or voluntary, or a receiver and manager appointed over the whole or a material part of its assets, or an administrator is appointed or the Purchaser reaches any composition or arrangement with its creditors.
Upon the cessation of the Purchaser's right to possession of the Goods in which Dragon Image Australia retains title, Dragon Image Australia or its agents may for the purpose of recovery of the Goods enter upon any premises where the goods are stored or where they are reasonably thought to be stored and may repossess the same and the Purchaser shall assist and indemnify Dragon Image Australia in relation to such recovery.
At any time prior to payment in full for all Goods supplied if the Purchaser sells on his or its own account, the Purchaser shall sell as agent and bailee of Dragon Image Australia in law and in equity and shall hold the proceeds thereof in trust for Dragon Image Australia and shall not mingle the proceeds with other monies and shall not pay the cheque or cash therefore into an overdrawn bank account.
In the case where a receiver, liquidator, manager or administrator is appointed to the Purchaser and at the time thereof the Purchaser shall not have received the proceeds of sale, the Purchaser or the receiver, liquidator, manager or administrator as agent for the Purchaser shall at the election of Dragon Image Australia assign to Dragon Image Australia within seven (7) days all rights against the person obliged to pay the proceeds of sale.
11. FORCE MAJEURE
The Company shall not be liable for any delay or failure to perform its obligations if such failure was caused by any event for which the Company could not reasonably have exercised control.
a) Dragon Image Australia may amend these Terms at any time by giving Purchaser notice by mail, e-mail or by posting a notice on Dragon Image Australia's public website. By continuing to place orders for Products, Purchaser will be deemed to have accepted the revised Terms. b) Any provision of these Terms which is invalid or unenforceable will be read down to the extent necessary, and the remaining provisions will continue unaffected, c) Purchaser may not assign or attempt to assign any of its rights and obligations under these Term. d) These terms are governed by the laws of the State of New South Wales.
Where the Company agrees to store or hold on consignment goods on behalf of the Purchaser, all risk remains with the Purchaser. Any goods so held are to be insured for full purchase value by the Purchaser.
Where in these Terms & Conditions reference is made to the address Dragon Image Australia Pty LTD the registered office is: Dragon Image Pty Ltd 22 Herbert Street ARTARMON NSW 2064
15. JURISDICTION & APPLICABLE LAW
The Terms and Conditions shall be governed and construed in accordance with the laws of the Commonwealth of Australia and in particular the State of New South Wales. The parties agree that the Courts of New South Wales shall have jurisdiction to hear and determine any dispute arising hereunder.
In the event that any or part of these terms, conditions or provisions shall be determined invalid, unlawful or unenforceable to any extent such terms, conditions or provisions shall be severed from the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.