- Definitions in these Conditions of Sale
- "the Company" means Abax Systems 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.
- These conditions shall apply to and be incorporated into every agreement between the Company and the Customer under which the Company supplies goods or services at the request of the Customer.
- No contract in respect of the Goods will arise between the Company and the Customer until the Customer’s order has been accepted by the Company.
- These conditions shall take precedence over any conditions set out in any communication or document of the Customer regardless of the date or time of such communication or document and shall not be varied without the express written consent of the Company.
- Any quotation and contract between the Company and the Customer shall in all respects be governed by and construed in accordance with Australian law and the Courts of New South Wales shall have jurisdiction to hear all disputes arising in connection with the contract.
- Unless otherwise specifically stated, any prices quoted by the Company are in Australian currency and are inclusive of GST but exclusive of delivery and freight charges, and the company shall charge extra in respect of such items.
- Prices quoted are current at the time of quotation and are valid for 30 days therefrom. If the delivery occurs outside the thirty day validity period of the quotation, the Company reserves the right to alter the price payable by the Customer according to the price ruling on the date of the despatch.
- Prices quoted on the Abax Systems Pty Ltd website are deemed current at the time the Customer places an on-line order.
- Credit terms are subject to acceptance of a Credit Application and validation of trade references and are strictly 30 days from date of invoice.
- In the event that payment shall not have been made by such date the Company shall be entitled to recover interest on the amount outstanding calculated at 5% per annum above the current NAB overdraft rate for the time being in force calculated on a daily basis.
- The Customer will pay all collection costs including but not limited to legal expenses and debt collection commissions incurred in obtaining payment for any amounts owing to the Company in respect of the Goods.
- The granting of any credit by the Company to the Customer shall be at the Company’s absolute discretion and may be revoked at any time whereupon any and all amounts owing to the Company shall be paid immediately.
- In consideration of the Company agreeing to and continuing to supply the Goods to the Customer, the Directors jointly and severally guarantee to the Company the payment of the amount due by the Customer for the Goods and any other monies or damages payable to the Company by the Customer pursuant to these Conditions including but not limited to the items listed under clause 2.1.
- This Guarantee shall be a continuing Guarantee and shall not be affected or avoided in any way by any agreement or arrangement made between the Customer and the Company at any time or other indulgence given by the Company to the Customer or any composition or arrangement with or release of the Customer or any one or more of the said Directors, or in the event that the Customer becomes bankrupt or insolvent. Any and all Directors who sign the credit application shall be bound even if any or all of the other Directors fail to do so or there are no other Directors. Any payment received which is subsequently found to be a preferential payment shall not be a payment for the purpose of this Guarantee.
- Retention and Passing of Title
The risk of the Goods shall pass to the Customer on Delivery but until the Company has received payment in full, the Goods shall remain the ownership and property of the Company and the Company has the right, without prejudice to the obligation of the Customer to pay the price to recover the Goods and for the purpose thereof the Company, or the Company’s nominated agent, may enter upon any premises of or occupied by the Customer or third party with the consent of the third party.
- Loss and Damage in transit or Nondelivery
Where the Goods are delivered by the Company’s courier service, all risk in respect of the Goods during transit shall be assumed by the Company or the courier service employed by the Company. Where the Goods are delivered by the Customer’s courier service, all risk in respect of the Goods during transit shall be assumed by the Customer or the courier service employed by the Customer. The Company shall not be held liable for any consequences of late delivery howsoever caused.
- Frustration (Force Majeure)
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, the commission of any criminal act, shortage of Goods, act of war, terrorism, civil commotion, accident, industrial action, 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.
- Warranty and Limitation of Liability
- All Goods supplied by the Company benefit from the warranty given by Abax Systems Pty Ltd, if any, and this benefit shall be passed onto the Customer accordingly.
- The Company’s liability in respect of the Goods shall be limited to the replacement of faulty Goods or the issue of a credit note in respect thereof or the granting of a refund or equivalent compensatory measure as the Company considers appropriate at its discretion.
- Goods returned must be in their original packaging and in a clean saleable condition. The Company shall not be liable for the loss of or damage sustained to Goods in transit from the Customer.
- The Company shall not be liable in contract, 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.
- 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 be 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 the Customer order.
Delivery Instructions & Timeframes
Abax Systems Pty Ltd endeavours to despatch stocked goods within 24 hours of receipt of a web order. If the order is placed prior to 12pm then the order is usually shipped same day.
- Our couriers do not deliver to Post Office boxes.
- Use of a business delivery address is highly recommended. If your delivery address is a non-commercial address then you must ensure someone is there to take delivery, because the couriers will not leave goods without a signature. If no one is in attendance when the courier arrives, they will try at another time, however this will incur a redelivery fee and will also delay the delivery.
Abax Systems Pty Ltd uses couriers for all deliveries. Urgent deliveries and deliveries to remote locations may require the use of the Customer’s courier service, or another courier service.
The courier service utilised by Abax is 'Overnight'. This means next day delivery for the eastern states capital cities. Most other areas are two business days with the exception of Western Australia and Northern territory which can be from three to five business days.
For a guide to delivery times to your postcode click here to visit the Startrack website, click on ‘Transit Times’ in the top bar, then enter ‘Wetherill Park NSW’ for the despatch address then your town and state.
Checking your delivery status
Contact Abax despatch at 1300 300 369 or email [email protected] and request your ‘consignment number’, then click here to track the status of your delivery.
Timely receipt of the goods is dependent on the Customer providing correct, complete and clear delivery details and instructions in the relevant part of the online order process, and ensuring someone is on site at the time of delivery (9am to 6pm) business days. Failure to do so may create delivery delays and may incur additional freight charges.
Refund & Returns Policy
Abax Systems Pty Ltd will accept the return of stocked goods and provide refunds or credit under the following conditions.
- Requests for Returns
Requests for returns, for whatever reason must be made to Abax within five business days of receipt of goods.
- Incorrect Goods
- If incorrect goods are supplied due to an error by Abax then the Customer will have the choice of having the correct goods shipped, or cancelling the order. In either event, there will be no freight cost incurred by the Customer for the return of the incorrect goods or the re-shipment of the correct goods.
- If incorrect goods are shipped due to an error by the Customer then the order will be corrected, the incorrect goods returned and Abax will ship the corrected order. The Customer will be liable for all freight costs including the original shipment, the return shipment and the corrected order shipment.
- Damaged Goods.
Abax will replace goods damaged in transit. The goods must be returned for inspection and to enable Abax to claim transit insurance. If the Customer fails to return the damaged goods, then no credit will be provided for the damaged goods
- Faulty Goods.
Abax will replace faulty goods. The goods must be returned for inspection and to enable Abax to claim warranty replacements. If the Customer fails to return the faulty goods, then no credit will be provided for the faulty goods.
- Change of Requirement
If the Customer determines they do not want the goods after taking delivery, for whatever reason other than the aforesaid (incorrect, damaged or faulty goods), then it will be totally at Abax’s discretion whether or not to provide a credit or refund.
- Return Procedure
- The Customer must notify either the sales person or the Customer Service Desk at Abax of the return and the reason on 1300 300 369.
- Abax will arrange for pickup of the product depending on the circumstances of the return.
- Replacement goods, a credit or refund will be provided depending on the circumstances of the return.