TERMS OF BUSINESS
1. For system sales, payment of 40% of agreed price is due on Order, and a further 50% on delivery to Customer’s site. The 10% balance is due on completion of training or within 30 days of delivery, which ever is sooner. Where third party finance is being provided, date of finalisation of such finance must be agreed to by FRESH Computer Systems Pty. Ltd. before any delivery of equipment is made.
2. For FRESH products run over the Internet, payment for initial Database setup and training is due on Order. The on-going service charge is payable immediately after the initial 30 day warranty period and is payable
i) annually in advance, pro-rata to 30 June for the first year, or
ii) monthly or quarterly in advance by automatic direct bank transfer.
3. All prices exclude GST, unless otherwise indicated in writing. If Customer claims GST exemption, official documentation must be provided. The amount of any charge, duty, tax, GST, fee, or licence imposed by a taxing or levying authority, is estimated. The invoice may be adjusted to the amount eventually payable, including any retrospective amount imposed.
4. Unless otherwise stated, delivery of computer equipment and supplies is subject to freight and insurance. The Customer accepts responsibility for insuring computer equipment from the time of delivery to Customer’s premises.
5. Unless otherwise stated in writing, the amount tendered for equipment, software or services is in Australian dollars and will remain firm for 30 days unless modified in writing by FRESH prior to acceptance of the offer.
6. Rates quoted for hardware maintenance are intended as estimates only, and may be subject to change. FRESH is not responsible for Customer hardware maintenance unless otherwise specified in writing by FRESH.
7. Any amounts Invoiced become due and payable within 7 days of date of Invoice or as otherwise agreed in writing. Ownership of any Invoiced equipment or third party software does not pass to the Customer until full and final payment has been made. FRESH may charge interest at the rate of 1% per month from the Invoice date on any outstanding amounts.
8. Unless otherwise specified, all installation work, modifications, electrical and environmental work, media and consumables, and any on-site services will be chargeable at the prevailing rates of FRESH.
9. While FRESH will make all reasonable efforts to advise Customers regarding suitability or fitness of products or services, the Customer takes full responsibility for ensuring the suitability or fitness of product or services supplied for own use.
10. FRESH does not warrant that the products, services or documentation will meet the Customer’s requirements, nor that the products will operate in all circumstances which may be selected for use, nor that the operation of the products or services will be uninterrupted or error free.
11. FRESH shall not be held liable for loss of service beyond it’s control including but not restricted to, loss of communications due to telephone or broadband line or cable failure, loss of power, Internet Provider interruptions (scheduled or unscheduled), hardware or software failure.
12. FRESH shall not be held liable for indirect or consequential loss, or loss of revenue, profits, goodwill, data or use, however caused arising out of or in conjunction with the provision of it’s products or services.
13. If the Customer reports a breach of warranty or service within 30 days of the breach, FRESH will perform the service, or if FRESH does not perform the service, the Customer shall be entitled to recover the fees paid to FRESH for the unsatisfactory service. These are the Customers sole rights and exclusive remedies for any breach of warranty or service, other than those which may not be excluded by law.
14. No title to or ownership of any software is transferred to the Customer, unless stated explicitly in writing. No software can be on-sold, rented or transferred to any other computer, organisation or person, nor can the Customer use the products of FRESH as an Application Service Provider, or to provide a bureau service, without the prior written permission of FRESH.
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