INKJET WHOLESALE TERMS AND CONDITIONS OF SUPPLY, SERVICE AND SUPPORT.
These Terms and Conditions govern all transactions between Inkjet Wholesale and you (the Customer) and, by purchasing any Products or services supplied by Inkjet Wholesale, you accept and agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to Australian law, including the Australian Consumer Law.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, the following words have the following meanings, unless the contrary intention appears of the context otherwise requires:
Australian Consumer Law means the provisions of Schedule 2 of the Competition and Consumer Act 2010.
Customer means the purchaser of any Product, being the person or legal entity identified in Inkjet Wholesale's Quotation or Invoice.
Guarantees means the guarantees in relation to goods provided for pursuant to the Australian Consumer Law.
Inkjet Wholesale means Inkjet Wholesale Australia Pty Ltd ACN 126 948 936.
Inkjet Wholesale-branded Products means any Products that are marked with the Inkjet Wholesale brand/name and/or Products exclusively marketed for sale in Australia by Inkjet Wholesale, such as Products branded as SCIÂÂ or TONERSPRINT and which are usually, but not exclusively, described as Generic, Compatible or Re-Manufactured.
Non-Inkjet Wholesale-branded Products means all Products that are not Inkjet Wholesale-branded Products, such as Products branded or named referenced as OEM or Original Equipment Manufactured.
Products mean all goods and services supplied by Inkjet Wholesale to the Customer.
Return Authorisation Form means Inkjet Wholesale Return Authorisation Form available for completion by customers after logging in then clicking on the RETURNS link.
Terms and Conditions means the terms and conditions set out herein.
Website means the Inkjet Wholesale website at the domain name: http://www.inkjetwholesale.com.au/, including all webpages comprised in that URL.
1.2 In these Terms and Conditions, unless the contrary intention appears of the context otherwise requires:
(a) headings and bold type are for convenience only and do not affect interpretation;
(b) the singular includes the plural and the plural includes the singular;
(c) words of any gender include all genders;
(d) other parts of speech and grammatical forms of a word or phrase defined in these Terms and Conditions have a corresponding meaning;
(e) an expression importing a person includes any company, partnership, joint venture, association, corporation or other body corporate and any Government Agency as well as an individual;
(f) a reference to a clause, party, schedule, attachment or exhibit is a reference to a clause of, and a party, schedule, attachment or exhibit to, these Terms and Conditions;
(g) a reference to any legislation includes all delegated legislation made under it and amendments, consolidations, replacements or re enactments of any of them;
(h) if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day;
(i) any reference to time is a reference to New South Wales time;
(j) a reference to any thing (including, any amount) is a reference to the whole and each part of it and a reference to a group of persons is a reference to any one or more of them;
(k) a reference to $ or dollar is to Australian currency unless denominated otherwise; and
(l) anything specified after the words including, includes or for example or similar expressions does not limit what else is included.
2. Product Supplies
2.1 The parties acknowledge and agree that all supplies of any goods and services by Inkjet Wholesale to Customers, including the Products and any replacement or repaired Products, are governed by, and are subject to, these Terms and Conditions.
2.2 On the completion of a purchase of Products by the Customer including payment being made successfully, Inkjet Wholesale shall, in accordance with its normal business practises and the provisions of clause 3, dispatch such Products to the Customers nominated delivery address.
2.4 In the event a Product is listed on the Website at an incorrect price due to typographical error or otherwise, Inkjet Wholesale shall have the right to refuse or cancel any orders placed for that Product by the Customer whether or not such order has been confirmed by Inkjet Wholesale and/or payment been made by the Customer provided that, if payment has been made and the order then cancelled, such payment shall be promptly refunded.
2.5 Inkjet Wholesale may, in its sole discretion, modify, suspend or discontinue the sale, offer for sale or description of any Product at any time and without prior notice.
2.6 Inkjet Wholesale reserves the right to reject by written notice any order for any Product placed by a Customer and/or to limit the Product quantity on order, without giving any reason.
3. Product Delivery Conditions
IMPORTANT NOTE: If you will not be available to personally receive delivered goods, please read about some important changes that may affect such deliveries below...
3.1 Unless the Customer specifically requests personal hand-delivery or requires their signature to receive goods over to themselves or their respective agent (they have given authority to accept on their behalf) by typing such a request in the Comments section directly after the checkout page called additional comments to staff. If you have any comments for sales people type below, the Customer agrees hereby agrees that delivery of the Products may be left at the Customers nominated delivery address without any signature on receipt or any physical handover to the Customer and consequently accepts without reservation that upon delivery under such circumstances, the title of the goods and associated risk, immediately passes to the Customer.
3.2 In the event that additional postage/delivery charges are incurred by Inkjet Wholesale because:
(a) the Customer has requested hand-delivery of the ordered products by typing such a request in the Comments section directly after the checkout page. If you have any comments for sales people type below, but the Customer is unavailable at the time of attempted time of hand-delivery; and/or
(b) the Customer has provided an incorrect delivery address, the Customer shall be liable to promptly pay such additional charges to Inkjet Wholesale on demand.
4. Customer Obligations
In relation to use or storage of the Products, the Customer agrees to:
(a) ensure that appropriate environmental conditions (in particular those, if any, set out in any relevant Product user manuals or other documentation) are maintained for the Products and must further maintain in good condition the place where the Products are situated, any cables and fittings to the Products or associated with the Products, and any electricity supply to the Products;
(b) not make any modifications to the Products other than in accordance with ordinary usage of the Products or with Inkjet Wholesale's prior consent;
(c) ensure that the Products are used and maintained in the proper and appropriate manner, including in accordance with any Product user manuals and by competent, trained users only or by persons under appropriate supervision;
(d) not adjust, repair, support or maintain the Products other than in accordance with these Terms and Conditions or otherwise under instruction or direction from Inkjet Wholesale;
(e) in conjunction with their use of the Products, use only such accessories, attachments, components or additional equipment or products as Inkjet Wholesale recommends, or are recommended in accordance with any Product user manuals, or as are commonly and properly used on or with the Products;
(f) subject to the Customer's rights under the Australian Consumer Law, promptly notify Inkjet Wholesale of any fault, malfunction or defect affecting the Products; and
(g) make available to Inkjet Wholesale, free of charge, such information as may be reasonably required by Inkjet Wholesale to enable Inkjet Wholesale to investigate and seek to diagnose any malfunction, fault or defect affecting a Product.
5. Customer Warranties
5.1 The Customer warrants that:
(a) all information and details, including as to the Customers identification, supplied by the Customer in relation to any transaction with Inkjet Wholesale and/or the use of the Website are true and correct;
(b) they are the holder of any credit card, bank card or Paypal account used in connection with the purchase of any Products; and
(c) they are fully and unconditionally authorised to conduct all transactions, online via the Website or otherwise, in relation to purchasing Products, including using any credit card, bank card or Paypal account used by the Customer in connection with such transactions.
(d) They agree to receive promotional material, product information, specials and newsletters delivered by email and with their ordered goods from time to time from Inkjet Wholesale and the customer further acknowledges that such agreement is automatic condition of registering as a customer. Should the customer NOT wish to or AGREE to this condition, they may choose to NOT receive such materials by unticking the option at the registration page called Please send me information on product updates and specials or at any later date by logging into the website with their registered email address and password and then clicking on the General Details Tab and scrolling down to the SUB-HEADING called UPDATES AND SPECIALS and then selecting NO as the answer to the statement Please send me information on product updates and specials
5.2 On the basis of the matters set out in clause 5.1, the Customer covenants and warrants that they will not unlawfully or wrongfully make any allegation regarding any transaction between them and Inkjet Wholesale to the effect that such transaction was unauthorised.
6. Service and Support
6.1 The Customer acknowledges and agrees that:
(a) in relation to the Products, Inkjet Wholesale is a supplier for the purposes of the Australian Consumer Law;
(b) the Customer shall be entitled to receive the service and support required under the Australian Consumer Law in respect of any defect or failure of the Products in breach of the Guarantees; and
(c) subject to this clause 6, Inkjet Wholesale obligations in respect of such service and support shall be limited to its obligations under the Australian Consumer Law and any other applicable legislation.
6.2 In the event that the Customer forms the view that a Product is defective or otherwise fails to meet the Guarantees, the Customer shall:
(a) promptly notify Inkjet Wholesale of this in writing (via email or otherwise) in the form of the Return Authorisation Form (the terms and conditions of which, to the extent they are not inconsistent with these Terms and Conditions, are hereby acknowledged and agreed to by the Customer) and, in completing the Return Authorisation Form, the Customer shall set out the following details to Inkjet Wholesales reasonable satisfaction:
(i) the invoice number relating to the Customers purchase of the Product;
(ii) the applicable product code relating to the Product, which is referred to on the relevant invoice;
(iii) the quantity of Product affected by the alleged defect or failure; and
(iv) adequate details of the basis upon which the Customer considers that the Product is defective or otherwise fails to meet any Guarantees,
and the Customer shall otherwise provide, to Inkjet Wholesales reasonable satisfaction, such information and material as may be reasonably required by Inkjet Wholesale in relation to the alleged Product defect or failure;
(b) with respect to non-Inkjet Wholesale-branded Products, comply with any applicable conditions and requirements imposed by manufacturers of such Products, in particular as set out in the Vendor by Vendor information comprised in the Return Authorisations Form, and the Customer acknowledges that such conditions and requirements are reasonable and covenants to comply with such conditions and requirements; and
(c) unless otherwise directed by Inkjet Wholesale, return at the Customers cost, by way of an appropriate and secure postage method, the relevant Product to Inkjet Wholesale for inspection, and the Customer shall ensure that the Product is safely packaged for such postage.
6.3 Upon the receipt of a Product returned pursuant to clause 6.2(b), Inkjet Wholesale shall, within 21 days, undertake and/or arrange for a suitable inspection of the Product and make a finding as to whether the Product is defective or otherwise in breach of the Guarantees as alleged by the Customer, and the parties agree that such finding shall be binding on the parties to the extent permitted by law. In the event that:
(a) such a finding is that the Product is defective or otherwise fails to comply with the Guarantees, then Inkjet Wholesale shall notify the Customer accordingly and offer the Customer:
(i) a monetary refund to the value of the purchase price paid by the Customer for the Product, together with a nominal sum on account of any postage cost of returning the Product to Inkjet Wholesale to be determined in Inkjet Wholesales sole discretion;
(ii) a replacement Product of equal value to the Product and equivalent specifications, plus a credit note to the value of a nominal sum on account of any postage cost of returning the Product to Inkjet Wholesale to be determined in Inkjet Wholesales sole discretion;
(iii) a credit note equal to the value of the sum determined under sub-clause (i); or
(iv) for it to repair the Product, where this is deemed appropriate by Inkjet Wholesale,
and the Customer shall communicate its acceptance of any of the above offered forms of service and support within 14 days, after which time such offer shall lapse; or
(b) such a finding is that the Product is not defective and does not otherwise fail to comply with the Guarantees, then Inkjet Wholesale will communicate this to the Customer and Inkjet Wholesale shall have no liability to the Customer in respect of the Product, including in relation to providing any refund, replacement Product, compensation for postage costs or any other compensation. Inkjet Wholesale shall return the Product to the Customer at the Customers request provided the Customer pays for the postage costs in advance.
6.4 The Customer acknowledges that the period of 21 days provided for in clause 6.3 is reasonable in all the circumstances.
6.5 Nothing in this clause 6 in any way limits Inkjet Wholesales right, in its sole discretion:
(a) to offer to the Customer a refund or replacement Product in respect of any Product claimed or found to be defective or in breach of the Guarantees in circumstances where the Product has not been returned to Inkjet Wholesale under clause 6.2(c) and/or a finding made by Inkjet Wholesale under clause 6.3; and
(b) to refuse to offer any kind of service and support, including by way of the matters set out in clause 6.3(a)(i)-(iv), where too much time has passed since the relevant Product was purchased by the Customer in accordance with the Australian Consumer Law. For the purposes of this sub-clause (b), the parties agree that a period of 90 days or more constitutes such a period of too much time.
6.6 Nothing in this clause 6 obliges Inkjet Wholesale to provide any kind of service and support, including by way of the matters set out in clause 6.3(a)(i)-(iv), where a Product is damaged or defective or otherwise fails to comply with the Guarantees because of the following:
(a) any breach of these Terms and Conditions by the Customer;
(b) any misuse or abuse of the Product by, or any negligent act or omission of, the Customer, its employees or agents or any third party;
(c) failure or irregular fluctuation of electric power, air conditioning, humidity control or other environmental conditions outside of Inkjet Wholesales control;
(d) any fault in any products or components of any products that are not supplied by Inkjet Wholesale, whether or not they form part of a Customer's configuration or usage of the Product;
(e) force majeure, lightning, fire, flood, war, act of violence or any similar occurrence; and/or
(f) any attempt by any person (other than Inkjet Wholesale personnel or any person authorised by Inkjet Wholesale or an authorised Inkjet Wholesale sub-contractor) to provide service and support in respect of the Product.
6.7 In the event that the Customer orders an incorrect Product by mistake, the Customer recognises that the new AUSTRALIAN CONSUMER LAW (available for detailed viewing by clicking HERE) specifically state that such products cannot be simply and automatically returned for a refund or replacement without firstly the express permission and agreement of Inkjet Wholesale as the vendor. The Customer acknowledges that Inkjet Wholesale as the vendor is under no legal obligation to accept any return of that Product or provide any refund on the basis that the Product was ordered by mistake. Inkjet Wholesale as the vendor may, in its sole discretion decide to offer acceptance to return of the Product at the Customers request under certain and specific conditions and criteria set by Inkjet Wholesale. Inkjet Wholesale will accept Products deemed as incorrectly ordered by the Customer provided a) that the Product is returned within 90 days of purchase or such a period decided by the discretion of Inkjet Wholesale b) The Product/s are returned with the purchase receipt c) Inkjet Wholesale is satisfied that the returned Product is in a re-saleable condition, including that it is unopened and in its original packaging, then Inkjet Wholesale shall issue a credit note to the Customer for the purchase price paid for the Product by the Customer excluding any postage charges incurred by the Customer to return the Products to Inkjet Wholesale's nominated return address such that would be informed once a Return Authorisation (RA) has been completed in full by the Customer and the Customer acknowledges that such a credit note will represent the purchase price only of the product excluding any postage charges and not the incurred shipping cost to deliver the Products to the Customers address in the first instance.
7. Liability and Indemnity
7.1 To the extent permitted under law, the Customer agrees and acknowledges that Inkjet Wholesale, its directors, employees, agents and suppliers shall not be liable to the Customer for any claim, action, suit, demand or proceedings for any direct, indirect, special, consequential loss, loss of profits or any other damages, losses or expenses incurred by the Customer arising out of or in connection with the use of the Website and/or any purchase, use or storage of any Products.
7.2 Notwithstanding clause 7.1, the parties agree that, to the extent permitted by law, Inkjet Wholesale's total potential liability to the Customer in connection with the Customers purchase, use or storage of a Product shall be limited to the amount paid by the Customer for that Product as evidenced on the relevant Invoice.
7.3 The Customer indemnifies Inkjet Wholesale and shall keep Inkjet Wholesale fully and effectively indemnified and held harmless against any loss of or damage to any property or in respect of any injury or death of any persons caused or contributed to by any negligent act or omission or wilful misconduct of the Customer, their employees, agents or subcontractors or by any breach of their contractual obligations arising out of these Terms and Conditions, or otherwise arising out of or in connection with the Customers purchase, use or storage of any Products or use of the Website.
8.7 In the case of non-Consumer Goods, notwithstanding anything else contained in these Terms and Conditions to the contrary, Inkjet Wholesale will not be liable to the Customer for loss of business, profits or contracts or other indirect or consequential loss whether arising from negligence, breach of contract or any other means.
8.2 Inkjet Wholesale attempts to be as accurate as reasonably practicable with Product descriptions provided on the Website or otherwise, however, the Customer acknowledges that Inkjet Wholesale does not warrant that any such Product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. Pictures on this site are for illustration purposes only and may or may not accurately represent the Products which they are intended to depict.
8.3 The listing, description of, or reference to, a Product on the Website does not imply that such Product is presently available for sale or in-stock.
8.4 Any service and support response times stated on the Website are approximate only and will not form part of these Terms and Conditions, however, Inkjet Wholesale will use all reasonable endeavours to meet any such stated response times, notwithstanding that Inkjet Wholesale will not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever caused.
8.5 Inkjet Wholesale is not responsible for the content of any websites that may be linked to or from the Website. These links are provided for convenience only and the Customer accesses them at their own risk. Any other website accessed from the Website is independent from Inkjet Wholesale, and Inkjet Wholesale has no control over the content of such other website. In addition, a link to any other website from the Website does not imply that Inkjet Wholesale endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Inkjet Wholesale of that third party or of any product or service provided by such third party.
8.6 The Customer agrees to receive promotional material, product information, specials and newsletters delivered by email and with their ordered goods from time to time from Inkjet Wholesale and the customer further acknowledges that such agreement is automatic condition of registering as a customer. Should the customer NOT wish to or AGREE to this condition, they may choose to NOT receive such materials by unticking the option at the registration page called Please send me information on product updates and specials or at any later date by logging into the website with their registered email address and password and then clicking on the General Details Tab and scrolling down to the SUB-HEADING called UPDATES AND SPECIALS and then selecting NO as the answer to the statement Please send me information on product updates and specials.
9. Intellectual Property
9.1 The Customer acknowledges that Inkjet Wholesale is the owner of intellectual property in the Website and the Customer shall not do anything whatsoever to infringe Inkjet Wholesales intellectual property rights in the Website and any intellectual property of Inkjet Wholesales affiliates, licensors, suppliers and service providers, including any logos, trade marks, insignias, designs, images, graphics, texts or other material contained on the Website.
9.2 Inkjet Wholesale does not authorise or permit any infringement of third party intellectual property rights, including copyright, designs and trade marks accessed on or through the Website.
9.2 Inkjet Wholesale reserves its right to commence legal proceedings against any party who unlawfully deals with its copyright, designs or trade marks, including those Inkjet has in connection with this Website.
10.1 Except as otherwise expressly provided for in these Terms and Conditions, no forbearance, delay or indulgence by either party in enforcing the provisions of these Terms and Conditions will prejudice or restrict the rights of that party, nor will any waiver of its rights operate as a waiver of any subsequent breach, and no right, power or remedy conferred upon or reserved for either party, is exclusive of any other right, power or remedy available to that party and each such right, power or remedy will be cumulative.
10.2 The Customer may not assign its rights or obligations under these Terms and Conditions without the express prior written consent of Inkjet Wholesale. Inkjet Wholesale may, in its sole discretion, assign any of its rights and obligations under these Terms and Conditions to any other party. This agreement shall be binding upon the heirs, successors and permitted assigns of the parties hereto.
10.2 Inkjet Wholesale has the right to subcontract the supply of any services provided by it under these Terms and Conditions to any of its authorised service providers.
10.3 If any provision of these Terms and Conditions (including terms contained in a relevant Service Offering) is held by any competent Court or authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provisions in question will not be affected.
10.4 These Terms and Conditions are governed by the law in force in the State of New South Wales and Western Australia, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of that place.