Terms & Conditions

Integretech Pty Ltd (ACN 609 119 860)

 

Terms & Conditions

These terms and conditions constitute an agreement between Integretech Pty Ltd (ACN 609 119 860) (Integretech or we) and the customer (Customer) in relation to the technology systems, related products, goods, services, information and support (Products and Services) to be supplied to the Customer and are read together with any terms specified in a quote provided in relation to the products and services. By accepting delivery of the products, or by accepting a quote in relation to the products and services in any other manner denoting acceptance, the Customer agrees to be bound by and accepts these terms and conditions.

  1. QUOTATIONS

Quotations are subject to acceptance within 14 days and are based on the cost of products and/or services, labour and materials on the date of the quote. If changes occur in cost of materials, labour, or other costs prior to acceptance by the Customer, or if the Customer requires changes subsequent to acceptance, Integretech reserves the right to change the price quoted.

 

  1. SUPPLY OF PRODUCTS AND SERVICES

 

  • Integretech agrees to supply the Customer the products and services for the price set out in its quote, plus the costs and expenses of delivering materials.
  • Integretech shall use its best endeavours to have the materials delivered or the services supplied to the Customer by any supply date as set out in the quote, or if no date has been agreed within 30 days. Any supply dates are estimates only and Integretech shall not be liable for failure to deliver or supply or for any delay arising from any cause whatsoever beyond its control.
  • The parties may agree to add further products and services to the work and adjust the price or other terms of this agreement accordingly. Such changes shall be in writing and signed by both parties.
  • Integretech reserves the right to charge additional labour costs if work is required outside of regular business hours.

 

  1. PAYMENT TERMS

 

  • A deposit equivalent to the cost of any products to be supplied or installed, or 50% of any contract price above $2000, whichever is the greater, will be payable prior to supply or installation of any products. The balance of the contract price will be payable immediately upon completion of the work.
  • The Customer shall pay Integretech interest at the rate of 2% above the rate fixed under the Penalty Interest Rates Act (Victoria) on all accounts overdue more than 14
  • The Customer will pay any costs and expenses incurred by Integretech, including legal costs on a solicitor and own client basis, or other parties acting on Integretech’s behalf in respect of any action instituted or considered against the Customer, whether for debt, possession of the products or otherwise.
  1. GST

Unless otherwise confirmed by Integretech in writing, all prices given are exclusive of any goods and services tax (GST) and at the same time that payment is made under these terms, an amount equal to any goods and services tax must also be remitted to Integretech together with any such taxes, duties, or other imposts paid or payable by Integretech.

 

  1. PRICING, SPECIFICATIONS & AVAILABILITY
    • Prices, specifications, and availability of products are subject to change without notice.  Changes will not affect orders that have already been accepted.
    • Due to the volatile nature of the computer/technology market, descriptions may not reflect current technical information.
    • Any typographical, photographic, or specification error in product, pricing, or offers is subject to correction. Published prices do not include shipping and insurance. In the event of stock unavailability, if a Customer has chosen to purchase and wait for stock, the prices are fixed at the time of sale.

 

  1. FORCE MAJEURE

Integretech shall incur no liability whatsoever for inability to perform or delay in performance of its obligations in terms of the supply of the products, if that inability or delay arises directly or indirectly from the happening of any event not within the reasonable control of Integretech.

  1. ORDER ACCEPTANCE POLICY
    Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Integretech shall be subject to correction without any liability on the part of Integretech.

 

  1. ORDERS FOR COLLECTION
    Customers must collect all orders within two months of the invoice date.

 

  1. ORDERS FOR DELIVERY

 

  • Delivery of the products shall be made by Integretech to the address for delivery shown in the quote. The Customer must ensure that the delivery address is accurate and complete.
  • If the order is a multiple order and cannot be delivered as a whole order, the Customer will be informed and may arrange to have multiple orders delivered on mutually agreeable dates. In this instance delivery will be made in instalments.

 

  1. LIABILITY

 

  • To the fullest extent permitted by law, all terms, conditions, warranties and representations with respect to the products or services are hereby excluded and in no event shall Integretech be liable for any claims or damages including (but not limited to):

 

  • any claims relating to the combination of the products or services with any other products or services, including any alterations, additions or attachments to the products or services,
  • special or consequential damages, including loss of data, loss of business, loss of profits or loss of opportunity,
  • any claims arising out of work done by another contractor,
  • any claims arising as a result of the products being subjected to misuse, alteration, neglect, unauthorised repair or installation, installation of other incompatible or counterfeit products, or
  • claims resulting from external causes or natural disaster (force majeure) beyond the control of Integretech.

 

  • Except as otherwise required by law, the liability of Integretech in respect of the products or services shall be limited, at the election of Integretech, to:
  • the repair or replacement of the products or supply of equivalent products
  • the re-supply of the services or equivalent services; or
  • the payment or the cost of replacing the products or the re-supply of the services, where payment in full has been made by the Customer.

 

  • Nothing in these terms and conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition & Consumer Act 2010 (incorporating the Australian Consumer Law)) and which by law cannot be excluded, restricted or modified.

 

  1. RETENTION OF TITLE AND RISK

 

  • The materials shall be at risk of the Customer from delivery to the Customer or the Customer’s agent.
  • Ownership of the materials shall remain with Integretech until payment in full has been made by the Customer of all monies owing by the Customer to Integretech at the date of each invoice, whereupon ownership shall pass to the Customer.
  • In the event of default in payment of the total price to Integretech in accordance with the applicable payment terms, Integretech shall have the right to enter the premises of the Customer (without liability for trespass) and to re-take possession of and sell the materials and apply the proceeds in reduction of the Customer’s liability to Integretech.
  • The Customer indemnifies Integretech against any claim, demand or action arising out of or in connection with Integretech exercising its right to enter the Customer’s premises and repossess the materials.
  • The Customer acknowledges and agrees that:
    • Integretech may register its security interest in the materials on the Personal Property Securities Register;
    • the Customer will be named as the Grantor of that security interest; and
    • the Customer has waived its right under S.157 (Verification Statements – Secured Parties to Give Notice to Grantors) of the Personal Property Securities Act 2009 (Cth) to receive a notice of any verification statement from Integretech.

(f)           The parties agree that the following sections of the Personal Property Securities Act 2009 (Cth) are excluded:

  • 95 (Secured Party must give Notice of Removal of Accession);
  • 130 (Notice of Disposal of Collateral);
  • 132(4) (Secured Party to give Statement of Account);
  • 135 (Notice of Retention of Collateral); and
  • 143 (Entitled Persons may Reinstate Security Agreement).

 

(g)          The copyright in any solution design and associated intellectual property remains the property of Integretech, unless agreed to the contrary in writing.

  1. INDEMNITY

The Customer will be responsible for and will indemnify and keep indemnified Integretech against liability for all loss, damage or injury to persons or property caused directly or indirectly by the Customer, or its employees or agents, which may be suffered or incurred by Integretech in respect of any loss arising out of the failure by the Customer to comply with any term of this agreement, any negligence on the part of the Customer, its employees or agents, or the failure by the Customer, its employees or agents to provide a safe site for Integretech to supply the products or services.

  1. CANCELLATION AND RETURNS
  • The Customer shall inspect the products at the time of supply and shall notify Integretech of any defects or discrepancies within seven (7) days of the supply of the products, failing which the Customer shall be deemed to have accepted the products.
  • A $35 labour fee plus GST may be charged by Integretech if the products are found to be non-defective.
  • The Customer has the right to cancel the contract from the date the order was placed and up to seven working days after delivery, (beginning the day after delivery). The products must be unopened and in a perfect re-sellable condition. Products made to Customer’s chosen specification (i.e. custom built) cannot be returned under the 7 working day “cooling off period”.

 

  1. DATA PROTECTION
  • Integretech receives orders and payments via a secure server.
  • Integretech will take all reasonable precautions to keep the details of Customer’s order and payment secure.
  • Integretech will only use the personally identifiable information Customer provides for the purpose of fulfilling an order.
  • Integretech will observe the Privacy Act 1988 in respect of any personal information it accesses under this Agreement and in accordance with its Privacy Policy.

 

  1. JURISDICTION

These terms and conditions and the supply of the products and services will be subject to the laws of the State of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria in respect of any dispute arising under this agreement.

 

  1. DISPUTE

If any dispute arises out of this agreement, the parties will attempt to resolve the dispute informally. If the parties have not resolved their dispute within 10 business days of one party notifying the other party in writing of the nature of the dispute, then the parties agree to:

  • engage a mediator selected by agreement or, failing agreement within 5 business days after one party nominates a mediator in writing, selected by the president of the Law Institute of Victoria; and
  • conduct a mediation in respect of the dispute within 20 business days after the mediator is appointed.

 

The parties agree to each pay half of the mediator’s fees. A party must not commence court proceedings, except proceedings seeking interlocutory relief, in respect of a dispute under this agreement or the rights and obligations of the parties under this agreement unless it has complied with this clause.

 

  1. WAIVER

The failure of Integretech or the Customer at any time or times to require performance by the other party of any provision of this agreement shall not affect the right to enforce compliance with the agreement. The waiver by any party of any breach shall not be construed as a waiver of any succeeding breach.

  1. ILLEGALITY OR INVALIDITY

 

If any provision of the agreement between Integretech and the Customer is determined by any statute or any Court having jurisdiction to be illegal, invalid, void or voidable, the legality of the remainder of the agreement between Integretech and the Customer shall not be affected and the illegal, void or voidable provision shall be deemed deleted from the agreement and the remainder of the agreement shall continue in full force and effect.

 

  1. CORPORATE ENTITY AND GUARANTEE

If the Customer is a corporate entity the person signing on behalf of that entity warrants that they are a duly authorised representative of the entity and that person hereby personally guarantees performance by the Customer of all its obligations as specified in these terms and conditions.