Terms and Conditions of Supply

Information Technology Solutions
for
SMALL BUSINESS

Software/Hardware/Services ("the Goods") are supplied by Datamini Systems Pty Ltd ("the Supplier") to the Customer, based on the following Terms and Conditions.

The purchase and/or use of the Goods and Services confirm the Customer's acceptance of these Terms and Conditions: -

1. (a) Payment falls due on receipt of the Goods or Services unless a credit arrangement has been offered and accepted in writing,
   (b) The Customer agrees to pay interest on any overdue accounts from the day the amount became due,
          -  Interest will be charged at the ruling overdraft rate imposed by the CBA Ltd plus 2%;
   (c) The Customer agrees to pay, in addition to any interest applicable, a monthly administration fee of $27.50,
   (d) Interest on overdue accounts and administration fees are without prejudice to any other right of the Supplier under these Terms and Conditions,
   (e) In default of payment, all Costs of Collection and all legal fees will be borne by the client;
    
2. The Customer will comply with the terms of any Licence Agreement applicable to any part of the Goods, and the Customer shall not copy the Goods in whole or in part except to make copies as are necessary for bona fide system backup or otherwise as licensed by the original manufacturer;
    
3. (a) Property of the Goods shall not pass to the Customer until full payment has been made according to the terms set out in the Order or Invoice;
   (b) The Goods shall be at the Customer's risk immediately on completion of delivery;
   (c) Delivery shall occur upon physical delivery to the Customer, or if installation is required, upon loading at the Customer's premises. The Supplier is authorised to deliver and install Goods at the address given to the Supplier by the Customer for that purpose and it is expressly agreed that the Supplier shall be taken to have delivered and installed the Goods in accordance with its Contract if that Addressee obtains from any person a receipt or signed delivery docket for the Goods;
    
4. (a) Where the Supplier has not been paid in full for the Goods and the Supplier has delivered the Goods to the Customer, then the Customer agrees with the Supplier to keep the Goods as fiduciary for the Supplier;
   (b) If the Supplier has not been paid according to the terms referred to in Clause 1(a) hereof, the Customer agrees that the Supplier (or its servants or agents) may enter the premises at which the customer is storing the goods to repossess the goods;
    
5. The Supplier does not warrant that the goods will be error nor defect free, the use of the Goods shall be uninterrupted, or the Goods will be fit for purpose. Any liability of the Supplier shall be, in the case of goods, limited to replacement of the goods, or the supply of an equivalent, and in the case of services, re-supply of those services;
    
6. Nothing in this Agreement shall exclude, restrict, or modify any condition, warranty or liability which may at any time be implied by the Trade Practices Act, the Sale of Goods Act, or any other law where to do would render the above provision of this Agreement void provided that the liability is limited as provided in Clause 3 (c) hereof;
    
7. Privacy Statement: In accordance with the Privacy Act (1988) the Supplier will take all reasonable steps to ensure that the personal information collected is protected from misuse, loss, unauthorized access, modification, or disclosure. However in the event of payment default the supplier may disclose the customer's details to various parties which may include credit providers, legal practitioners, and government organizations.
    
8. This Agreement will be governed and constructed according to the laws of the State of Victoria.
    
9. This Agreement constitutes the entire agreement between the parties and is not transferable.

Copyright  Datamini Systems Pty Ltd, 2010. Australian customers only. All rights reserved.