1. DEFINITIONS AND CONTRACT
The Equipment or Services listed under the heading "Description" on our invoice is sold or provided by Allteq Pty Limited ABN: 30 093 716 922 ( "Allteq" ) to the Customer subject to these terms and conditions. No variation of these terms and conditions is permitted unless expressly accepted by a senior officer of Allteq in writing.
The minimum order value accepted by Allteq is $100. No order shall be binding on Allteq until accepted by Allteq. All sales are strictly pre-paid prior to delivery unless a credit account is in place. Customers may apply for a 14-day payment term following a three month period of regular purchases. All applications for a credit account will require the completion of an Allteq Credit Application Form, granting of credit will be subject to satisfactory credit approval. By submitting a credit application the Customer grants approval to Allteq to seek from credit reporting agencies a credit report to permit the granting of credit under the Privacy Act or similar legislation.
The price for the Equipment or Service shall be the price current at the day of dispatch and shall include all related delivery costs whether specified or not specified and shall be paid at the time of placing the order unless otherwise agreed to by Allteq. Where a credit account is in place, the price shall be paid 14 days from the date of the invoice and if payment of any invoice is overdue interest will run on the sum invoiced at the rate of 2 per cent per annum above the base rate of the Westpac Banking Corporation or 15% per annum whichever shall be greater. All prices are quoted inclusive of Goods and Services Tax (GST) unless prior to acceptance of the order by Allteq the Customer provides an exemption declaration in accordance with the Sales Tax Assessment Act or the Equipment is for export from Australia in which case the Customer shall be responsible for any taxes and duties due on the Equipment in the country of destination.
4. METHOD OF PAYMENT
Allteq does not accept Credit cards, Allteq will only process orders where sufficient funds have been transferred into the Allteq Bank Account either via Internet Banking or by Direct Deposit (please refer to the "Contact Us" section of this web site for the Allteq banking details). Confirmation and funds clearance are required prior to the despatching of goods. Allteq may from time to time accept by way of payment a company or private cheque where the customer has proven identity. In the case of customers with established credit terms, Allteq accepts company cheques in addition to the above stated payment methods.
All freight costs and insurance are borne by the purchaser. All goods are shipped from a number of warehouses located around the country directly to the purchaser via an independent courier agency, who will require a signature as proof of delivery. Allteq does not ship goods via registered mail due to the high level of loss. The Allteq office in Neutral Bay is a sales and administration office only, no stock is held at these premises.
6. RISK AND PASSING OF PROPERTY
(1) Risk in respect to the sale of Equipment shall pass to the Customer when the Equipment is delivered to the Customer or its agent.
(2) Notwithstanding the risk in the Equipment passing in accordance with clause 6.1 title in the Equipment will not pass to the Customer until Allteq has received payment for the Equipment although the Customer is licensed by Allteq to use the Equipment delivered.
(3) Until title to the Equipment passes:-
(a) The Customer will hold the Equipment as fiduciary agent and bailee for Allteq.
(b) The Equipment shall be kept separate and distinct from all other property of the Customer and of third parties and in good and substantial repair and condition and be stored in such a way as to be clearly identifiable as belonging to Allteq.
(c) The Customer's right to use shall automatically cease if the Customer has a summons presented for its winding-up or passes a resolution for voluntary winding-up otherwise for the purpose or bona fide amalgamation or reconstruction or compounds with its creditors or has a receiver appointed of all or any part of its assets or (being an individual) becomes bankrupt or insolvent or enters into any arrangement with its creditors or takes or suffers any similar action in consequence of debt or carries out or undergoes any analogous act or proceeding under foreign law.
(d) Upon determination in any way of the Customer's right to use, the Customer shall place any of the Equipment in its possession or under its control at the disposal of Allteq and Allteq shall be entitled to enter upon any premises of the Customer for the purpose of removing the equipment.
7. WARRANTY AND RETURN OF EQUIPMENT
(2) If a product is found to be dead on arrival, then subject to complying with the procedure set out in clause
7.3 the Customer may return the Equipment to Allteq within seven days of the date of
(4) Allteq will not be obliged to accept return of third party software delivered to the Customer under these terms and conditions where the Customer has accepted the licence for such software by opening the sealed manuals and disks delivered by Allteq with the Equipment.
(5) It is the customers responsibility to complete and send all warranty cards/forms which are supplied with the purchased product to the manufacturer in order to ensure that the product is covered by the manufacturers warranty. If such warranty cards/forms are not included with the purchased product then the customer should keep in a safe place the Allteq Invoice for proof of payment and warranty purposes.
(6) In the event that the product fails to perform in its specified function during the warranty period, it is the customers responsibility to call on the manufacturer for the repair or replacement of the product.
(7) In the event that a product purchased from Allteq does not include a warranty card/form, then the customer should call Allteq who will then act on the customers behalf in arranging for the repair or replacement.
(8) Appertaining to clauses above, Allteq will not be held responsible for any loss of product nor the manufacturer or its agents inability to repair or replace the returned product whatsoever.
(1) Whilst Allteq takes every precaution in the preparation of its web site, catalogue, technical circulars, price lists and its other literature these documents are for the Customer's general guidance only. The Customer acknowledges that it has not relied on any representation made by Allteq which has not been stated expressly in this agreement or upon any catalogue, technical circulars, price lists or other literature produced by Allteq.
(2) Allteq's employees or agents are not authorised to make any representations concerning the Equipment unless such representations are confirmed by Allteq in writing. The Customer acknowledges by accepting delivery of the Equipment that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.
(1) Allteq makes no express warranties beyond those stated in these terms and conditions. All conditions and warranties implied by statute or common law are to the extent permitted by law expressly excluded.
(2) Under the Trade Practices Act 1974 when implied conditions and warranties cannot be excluded, Allteq limits its liability in the case of the Equipment, to the replacement of the Equipment or the supply of equivalent Equipment, or the repair of the Equipment, or the paying of the costs for replacing the Equipment or requiring equivalent Equipment, or the payment of the cost of having the Equipment repaired; and in the case of services, to the supplying of the services again, or the payment of the cost of having the services supplied again.
(3) Notwithstanding anything else contained in these terms and conditions Allteq will not be liable to the Customer for loss of profits or contracts or other indirect or consequential loss whether arising from negligence, breach of contract, or howsoever.
The Customer shall not assign or transfer or purport to assign or transfer this agreement or the benefits thereof to any other person without the prior written consent of Allteq and payment of any applicable fee.
11. PROPER LAW AND JURISDICTION
This agreement shall be governed by and construed in accordance with the law in force in New South Wales and all disputes arising in connection with this agreement shall be submitted to the jurisdiction of the New South Wales courts.