1. SALE AND PURCHASE
1.1. Your placement of an order with us (“Order”) constitutes an
offer by you to purchase goods from us on these terms. The Order is placed when
it is submitted to us.
1.2. The Order is accepted only when we notify you that we accept your Order. For example, we might notify you that we accept your Order by sending you an e-mail stating this or displaying a confirmation on our website. Delivery of goods constitutes notice of our acceptance of the order.
2. PRICE AND PRICE VARIATION
2.1. The prices quoted in our
price lists and advertising literature are for
guidance only. Unless otherwise agreed in writing, the contract price of the
Goods will be as stated in our price list(s) current on the day of delivery of
the Goods. Prices may not include any delivery or administrative surcharges.
2.2. We may adjust any price quoted from time to time and you agree to pay any such adjusted price to take account of variations in the cost to Celtic Computers of carrying out the whole or any part of the contract arising from any of the following:
a) delays in delivery or installation of the Goods or any of them as a result of instructions or lack of instructions from you, your failure or inability to fulfil the obligations under the contract or any action or inaction by you or other circumstances beyond our control;
b) variation in the cost of Celtic Computers acquiring the Goods, directly or indirectly, on account of changes in rates of freight and transport costs, insurance, customs duties, taxes, existing tariff classifications or any variation in currency exchange rates;
c) variations in the rates of, or the costs of complying with, all statutory, government or local government or governmental authority charges and obligations; or
d) any correction of errors or omissions on the part of Celtic Computers or any of its representatives.
2.3. Celtic Computers has the right to impose administrative fees for orders under certain dollar values.
3. GOODS AND SERVICES TAX
3.1. All goods are sold subject to goods & services tax (GST) unless the goods are classified as GST exempt.
4.1. The purchase price will be
paid to Celtic Computers at its address by the end of the month following the
month in which the invoice is dated unless marked COD. In the case of COD
payments, the payment is required within 7 days from the date on the invoice.
Payment will not be accepted by any means other than cash, EFT (electronic funds transfer) or direct
debit. Cheques may be accepted under special circumstances. Debt outstanding
for more than 4 weeks will attract the current justice department prescribed
pre judgment interest rate.
4.2. If any account is in dispute, the undisputed portion of the account will be payable in accordance with the normal terms of payment as provided in Condition 4.1. Payment of the disputed portion may be withheld provided the matter is brought to Celtic Computers' attention in writing setting out the particulars of the dispute and sent to Celtic Computers within 7days of the dispute arising.
4.3. We reserve the right to suspend the delivery of further goods and services if the terms of payment are not strictly adhered to by you.
4.4. Any expenses, costs or disbursements incurred by us in recovering any outstanding monies including debt collection agency fees or solicitor’s costs will be paid by you providing that those fees do not exceed the scale charges by that debt collection agency/solicitor.
5. TITLE AND RISK
5.1. Risk in the goods will pass to you at the time of delivery in
accordance with Condition 5.
5.2. Irrespective of the time when risk in the goods will pass, passing of property and title in the Goods will be determined as follows:
a) You hereby acknowledge that the property and title in the Goods will remain with Celtic Computers until you have made payment in full of the Purchase Price and any other monies owing hereunder.
b) Pending payment in full of the Purchase Price and any other monies owing hereunder:
i) in the case of the Goods being of the kind classified by us as ‘office machinery’, ‘office furniture’ or ‘computer hardware’, the relationship between Celtic Computers and you will be fiduciary, and you will hold the Goods as bailee for and on behalf of Celtic Computers.
ii) you will in all cases retain the Goods upon your premises (within the State or Territory of Australia that supply is made) in a manner such that they are readily identifiable as our property, and
iii) you will not in any way deal with, part with possession or dispose or attempt to deal with, part with possession or dispose of the Goods.
c) In the event that you default in payment of the Purchase Price or any other monies owing hereunder or upon the occurrence of any of the events specified in Condition 8, Celtic Computers and its employees or agents will have the right to enter your premises or any other premises where the Goods are known to be stored to repossess the goods, and for this purpose you will grant all reasonable access rights and Celtic Computers will be entitled to do all things required to secure possession. Upon repossession of any of the goods Celtic Computers will then be entitled, in its discretion, to resell the Goods to any third party in which case you will not have any action whatsoever against Celtic Computers for breach of contract or otherwise.
d) If you sell or otherwise disposes of the Goods to a third party prior to making payment of the Purchase Price or any other monies owing hereunder, Celtic Computers will be entitled to so much of the proceeds of such sale equivalent to the amount of monies owing to Celtic Computers by you.
5.3. In addition to the payment of any other monies payable by you to Celtic Computers under this agreement, we will be entitled to charge for and recover from you on demand all costs, loss or damage incurred by us in exercising any of our rights under Condition 7.2 above, including, but not limited to, the cost of storage, transportation and administration costs at our prevailing commercial rates.
6. YOUR LIABILITY AND DEFAULT
i) fail to make any payment due under the contract or commit any other breach of any of your obligations under the contract; or
ii) suffer execution under any judgement; or
iii) commit an act of bankruptcy; or
iv) make any composition or arrangement with any creditor; or
v) being a company, pass a resolution for winding up or have a receiver appointed over any of its property or have a winding up petition presented against it,
Celtic Computers (in addition to any other remedies hereby or by statute conferred) may treat the contract as terminated and any part of the Purchase Price then unpaid, together with any other monies owing hereunder, whether or not due under the terms of the contract will immediately become due and payable. Any such termination will be without prejudice to any claim or right we may otherwise possess.
7. LIMITATION OF LIABILITY
7.1. Where the Goods or any services we supply under the Contract
are not goods or services of a kind ordinarily acquired for personal, domestic
or household use or consumption, then our liability (if any) for failure to
comply with a guarantee under the Australian Consumer Law (other than, in
respect of the Goods, a guarantee as to title, a guarantee as to undisturbed
possession or a guarantee as to undisclosed securities, charges or
encumbrances) is limited, so far as the Australian Consumer Law allows and at
a) in the case of the Goods, to repair or replace the Goods or supply of equivalent goods (or paying the cost of any of these); or
b) in the case of any services supplied by us, to supplying the services again (or paying the cost of having the services supplied again).
8. GOVERNING LAW
The contract will be governed by the law of the State of Queensland and the Commonwealth of Australia.
9. NO ASSIGNMENT
You may not assign the Contract unless you have obtained our prior written consent to do so.
If any term of the Contract is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the remainder of the Contract, which will continue in full force and effect.
All notices under the Contract must be in writing. Notices can be given by post or by e-mail, to an address or number detailed in the Order. If a notice is sent by post, it will be taken to have been received 4 business days after posting, unless in fact it is received earlier. Any changes to notice details must be notified in writing.
Celtic Computers reserves the right to change these Terms and Conditions at any time.