Terms and Conditions

Scope: All the goods and services ("Products") supplied by Inks and Toners ("OP") are supplied on these terms and conditions

Order Acceptance: No order shall be binding on OP until accepted by OP. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by OP of an order from the Customer. OP reserves the right to accept any order in whole or in part. Where OP makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by OP.

Title to Products: Ownership In the Products does not pass to Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to OP risk in the Products will pass on delivery to the Customer. Delivery may not be refused by the Customer. The Customer grants to OP, its agents and servants, leave and license to enter at any time on and into any premises occupied by the Customer to inspect, search for or remove any of the Products. If the Products are sold by the Customer, the Customer acknowledges that such sale is made by the Customer as bailee for and on behalf of OP, to hold the proceeds of the sale on trust for OP, in an account in the name of OP, until payment in full for the Products is made to OP.

Delivery: OP reserves the right to charge for the delivery of the Products at any time, notwithstanding that it may not have previously done so. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by OP.

Returns: Any Products which are damaged or defective, delivered after their "use by" or "best before" date, or which are no otherwise in accordance with the Customer's order, or which the law provides may otherwise be returned to Inks and Toners within a reasonable time after the Customer has had a reasonable opportunity of inspecting the Products.

The Customer may otherwise return Products to OP and obtain a credit:

a. expect for specially purchased Product, Products specially tailored for the Customer's requirements

b. provided that it does so in 14 days of delivery and a return authorisation is obtained from OP

c. provided that Products are in their original packaging, unopened, of a current make and model, and otherwise as new and in a saleable condition;at the Customer's own expense, or to the Customer's account; and on the basis that risk in the Products remains with the Customer until the Products are received by OP, and that a restocking or return fee may be charged.

d. Inks and Toners may not accept a returned Product where the Customer has caused the Product to become un-merchantable or failed to take steps to prevent the Product from becoming un-merchantable or the Product has become damaged by abnormal use whilst in the possession of the Customer

Customer Specific Stock: Where OP has agreed to procure and/or warehouse and/or distribute Products specifically for the Customer, the Customer must, within 30days of request, purchase all the stock then warehoused and held at the then prevailing supply price. Where the Customer does not do so, OP may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result. The Customer indemnifies OP against all claims, demands, loss, costs and expenses incurred by or made against OP, arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that OP may use, print or reproduce at the Customers request.

Liability: Except for those required and implied by legislation, OP gives no express warranty in relation to products and services supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of OP. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of OP under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option or OP to:

a. If the breach or liability relates to goods:
    i. the replacement of the goods or the supply of equivalent goods;
    ii. the repair of the goods
    iii. the payment of the cost of replacing the goods or of acquiring equivalent goods;
    iv. or the payment of having the goods repaired

b. if the breach or liability relates to services;
    i. the supply of the services again;
    ii. or the payment of the cost of having the services supplied again.

Except to the extent the law provides that liability is not able to be excluded, OP shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data) however caused, which may be suffered or incurred or which may arise directly or indirectly in the respect if the Products, any services supplied by OP or the failure of OP to comply with these Terms and Conditions.

Conflicts: These Terms and Conditions will apply to the exclusion of all other Terms and Conditions contained in the Customer's order. In the event of any inconsistency, OP will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these Terms and Conditions, which offer will be deemed to have been accepted of the Customer retains the Products or accepts the services. OP reserves the right to change there Terms and Conditions at any time.

GST: OP reserves the right to recover from the Customer all goods and services tax ("GST") payable in respect of the supply of goods and services to the Customer.

Jurisdiction: These Terms and Conditions are governed by all and will be construed in accordance with the laws of Victoria and the parties agree to submit to the jurisdiction of the courts of that state.

No Wavier: The failure of OP to exercise, or any delay in exercising, any right, power of privilege available to it under these Terms and Conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.

 

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