Terms & Conditions

Definitions

1. In these conditions of sale:
   • 'the Company' means POS POS Pty Ltd;
   • 'the Customer' means the person, firm or Company ordering or buying the goods from the Company;
   • 'the Goods' means goods or services supplied by the Company to the Customer.
2. These conditions shall apply to and be incorporated into every agreement between the Company and the Customer under which the Company supplies goods or the request of the Customer.
3. No contract in respect of the Goods between the Company and the Customer's order has been accepted by the Company.
4. These conditions shall take precedence over any conditions stipulated in any communication or document of the Customer and shall not be varied without the express written consent of the Company.
5. Any quotation and contract resulting there from shall in all respects be governed by and construed in accordance with Australian law and the Courts of Australia shall have jurisdiction to hear all disputes arising in connection with the agreement.

Price

6. Unless otherwise specifically stated any prices quoted by the Company are inclusive of packaging but exclusive of:
   • goods and services tax;
   • delivery and freight charges,
   • and the Company shall charge extra in respect of such items.
7. Prices quoted are current at the time of quotation and are subject to change in line with any movement in purchase price, or any other factor considered to be significant, including but not limited to currency exchange rates, fuel surcharges and import duties and tariffs. Any variance may result in the quoted price being adjusted before or after the time of order acceptance.
8. If project pricing is appropriate it applies strictly to the terms of the quote which includes but is not limited to quantity, delivery schedule and time frames.
9. Where agreed terms are not adhered to by the Customer the Company reserves the right to amend the price structure in accordance with the quantities delivered.

Payment

10. Payment for the goods shall be made by the Customer on or before the date fixed in accordance with the terms agreed between the Customer and Company:
    • The normal trading terms of the company are CBD payment by cash, Cheque or Direct Deposit Credit card payment is accepted on CBD accounts at no extra charge but a 3.19% surcharge will apply for American Express;
    • Direct debit details:

      Bank: National Australia Bank
      Branch: Brisbane
      Address: 74 Robson Road, Virginia, Qld 4014
      BSB: 084 209
      Acc No: 58 796 3657
      ABN: 39 072 799 592

Credit

11. The Customer agrees to pay for all goods sold and delivered or services provided within the trading terms as set out in the credit approval letter and POS POS's tax invoice. These trading terms may be changed by notice in writing to the Applicant by POS POS. Such change will apply from the date notice is given.
12. Customers who are provided with credit terms may only pay by Cheque or Direct Deposit.
13. POS POS may from time to time alter its trading terms or these conditions of credit and such altered conditions shall apply in respect of all transactions taking place after notification to the Applicant of such altered conditions of trade or credit;
14. If the conditions above are not complied with or the Applicant otherwise fails to comply with its obligations to POS POS in any respect, POS POS may:-
    • revoke the credit accommodation and require any further sales/trade transactions by the Applicant to be on a cash-before-delivery basis;
    • require that all amounts owing to POS POS for any reason whatsoever shall become immediately due and payable without deduction or demand;
    • rescind all discounted quotations or rates and recalculate outstanding charges;
15. If the Applicant is a company, POS POS may require that the directors or other nominated third parties must give a guarantee and indemnity;
16. That all sales of goods and providing of services are made to the Applicant by POS POS only upon the terms contained in POS POS's terms and conditions of sale. Until altered terms and conditions of sale are notified to the Applicant in writing the Applicant agrees that the current terms and conditions of sale shall continue to apply;
17. In the event that payment shall not have been made by such date the Company shall be entitled to recover the interest on the amount outstanding calculated at 5% per annum above the current prime base rate for the time being in force calculated on a daily basis;
18. That the Applicant agrees to pay any and all costs, commissions, and legal costs and expenses on a full indemnity basis whatsoever arising from the collection of any overdue moneys. Such interest, costs and commissions and legal expenses may be recovered as a liquidated debt;
19. That POS POS may at any time set-off amounts owed by POS POS to the Applicant from the amounts owed by the Applicant to POS POS.
20. The granting of any credit by the Company to the Customer shall be at the Company's absolute discretion.
21. That POS POS hereby advises that, by pursuant to s. 18E(8) of the Privacy Act 1988, information disclosed in the course of this credit application may be disclosed to a credit reporting agency. Under section 18E(8)(c) of Privacy Act 1988, POS POS is allowed to give a reporting agency personal information about your credit application, information which may be given to an agency is covered by Section 18E(1) of the Act and includes: identity particulars (as permitted by the Privacy Commissioner's determination issued under Section 18E(3); the fact that you have applied for credit and the amount, the fact that POS POS is a credit provider to you, payments which become overdue outside of agreed trading terms and for which collection action has been commenced; advice that payments are no longer overdue; cheques drawn by you which have been dishonoured more than once; in specific circumstances, that in the opinion of POS POS, you have committed a serious credit infringement; that credit provided to you by POS POS has been paid for or otherwise discharged.
22. Pursuant to ss. 18K(1) and 18N(1) of the Privacy Act 1988 and para. 2.12 of the Credit Reporting Code of Conduct issued under s. 18A of that Act, you hereby agree to POS POS obtaining personal information from a credit reporting agency or a credit provider for the purpose of assessing this application for commercial credit (including information as to creditworthiness); and agree to that agency or provider providing that information to POS POS for that purpose. You further agree to the obtaining from, and provision by, such an agency or provider further credit reports which may assist POS POS in recovering any sums outstanding under the terms of the commercial credit agreement to which this application may lead.

Retention of Title

23. The risk in the Goods shall pass to the Customer on delivery but until such time as all money due to the Company has been paid in full, the Goods delivered by the Company to the Customer will remain the sole and absolute property of the Company as the legal and equitable owner.
24. Where the Customer has possession of any of the Goods, title in which has not passed to the Customer, the Customer will be the bailee of the Goods for the Company, until such time as the Goods are delivered to a purchaser.
25. Upon taking possession of the Goods, the Customer must store the Goods in such a way that the Goods are not mixed with the other goods of the Customer or any other person and in such a way that they are recognisable as the property of the Company.
26. The Customer irrevocably authorises the Company and its servants and agents to enter upon any premises where the Goods are stored or are reasonably thought to be stored, for the purposes of examination or recovery of the Goods.
27. The Customer shall indemnify and keep indemnified the Company against all losses, claims, costs, demands and expenses, however they arise, which the Company sustains or incurs.
28. Upon default by the Customer, if the Customer adds any parts, housing, components or accessories to the Goods, the Company is entitled to remove and recover the Goods where possible or becomes the owner of those added parts, housing, components and accessories as security for full payment by the Customer of all money due to the Company by the Customer for the Goods, and the term 'Goods' for the purposes of this clause will be read and construed accordingly.
29. Upon default by the Customer, if the Customer makes new goods or other goods from or with the Goods or if the Goods become a constituent part of or mixed with other goods, the Company is entitled to remove and recover the Goods where possible or becomes the owner of those new goods or other goods as security for full payment by the Customer of all money due to the Company by the Customer for the Goods, and the term 'Goods' for the purposes of this clause will be read and construed accordingly.

Loss and damage in transit or non‑delivery

30. All risk in respect of the Goods during transit shall be assumed by the courier service(s) employed by the Company. The Company shall not be held liable for any consequences of late delivery howsoever caused.

Returns

31. The Customer must notify the Company in writing of any Products it wishes to return within 30 days from the date of the invoice relating to those Products.
32. Returns will be subject to the Company's Returns Policy which is available on the Company's website.
33. Returns are approved at the Company's absolute discretion. Each claim for the return of products by the Customer will be dealt with in accordance with the Returns Policy.
34. The company will not be liable for any damage or defects in the products that have been caused by the improper storage, warehousing or transport, or by any neglect, abuse or improper use by the customer.

Frustration (Force Majeure)

35. If the Company is prevented at any time from performing any contractual obligation or if any loss, damage, injury or delay in delivery is occasioned by or due to any cause beyond the Company's control including but without prejudice to the generality of the foregoing expression the commission of any criminal act, shortage of Goods, act of war, civil commotion, accident, industrial action, Act of God or any restriction imposed by any local municipal or government authority (including Customs Authorities) whether Australian or foreign, the Company shall be entitled forthwith to determine the contract and to be discharged from all liabilities whatsoever to the Customer and the Company shall not be liable for any such loss, damage, injury or delay as aforesaid.

Guarantee

36. All Goods supplied by the Company benefit from the warranty given by the manufacturer, if any, and this benefit shall be passed on to the Customer accordingly.
37. The Company's liability in respect of the Goods shall be limited to the repair of faulty Goods or the issue of a credit note in respect hereof or the granting of a refund or equivalent compensatory measure as the Company considers appropriate at its discretion.
38. Goods returned must be approved through our Return Material Authorisation (RMA) process and must be in the original packaging and in a clean resalable condition. The Company shall not be liable for loss of or damage sustained to Goods in transit from the Customer. The issuing of an RMA number in no way implies that a return is approved for credit or replacement.
39. The Company shall not be liable in contract, tort or otherwise for any injury, damage or loss resulting from defects or from anything done or omitted in connection with the Goods or from any work done in connection therewith.
40. Whilst the Company makes every effort to ensure that all Goods sold are of merchantable quality, these products are sold on the understanding that the Company cannot he held responsible for any losses caused through the failure of these products to function as the manufacturer intended, or their failure to be delivered within a reasonable time frame from placement of your order.

General

41. That the Applicant agrees to notify POS POS of any change in ownership or address. Notwithstanding any change in the Applicant's ownership/trading structure or any advice by it to POS POS of such change, the Applicant as set out on page one, will remain personally liable for all goods and services requested by it or on its behalf until it has received written confirmation from POS POS that its account has been closed and full payment received and a new account has been opened in the name of the new entity;
42. That failure by POS POS to insist upon compliance with any provisions of the terms does not constitute a waiver of that provision and POS POS shall be entitled to insist upon compliance with all provisions of these terms at any time;
43. That if any provision or part of a provision of these Terms and Conditions is found to be invalid or unenforceable then that provision or part of a provision shall be severed and the remaining provisions shall continue to be binding and have full force and effect on POS POS and the Applicant.
44. Jurisdiction- This agreement is deemed to be made at Brisbane in the State of Queensland and any legal proceedings commenced by any party to this agreement shall be issued out of and heard in the relevant court at Brisbane.
45. POS POS is not liable for any costs incurred in the completing of this Credit Application form and is not in any way obliged to give reasons if credit is denied. Each applicant or partner or director of each applicant must sign.