Infrastructure Networks & Communication Australia Pty Limited - Terms and Conditions of Sale
These terms and conditions of sale ("Terms and Conditions") apply to all sales of products and services ("Products") by Infrastructure Networks & Communication Australia Pty Limited ("MyITHub") to you ("Customer").
2. Order and Shipment
Customer will order Products by sending a complete purchase order to MyITHub. MyITHub may accept or reject the purchase order for any reason. MyITHub will not be bound by any terms or conditions set forth on the Customer's purchase orders. Unless otherwise agreed in writing, delivery will be made in accordance with MyITHub shipping policy on the date of shipment.
Images are representative only, actual products may differ. Please refer to Vendor/Manufacturer website.
3. Price, Payment and Title
Prices for Products will be set forth in MyITHub then applicable pricing arrangement, which do not include applicable taxes, as defined herein and shipping costs.
Payment is due thirty (30) days from date of invoice, except that COD accounts are due prior to delivery. Title to the product does not pass to Customer until full payment has been received by MyITHub. Payments may be made in Bank Cheque, Company Cheque, or by funds transfer to MyITHub Bank Account. Where payment is by Cheque, payment is not deemed to have been received until the Cheque has been received by MyITHub. MyITHub reserves the right to withhold shipment of any part of an order or to require pre-payment for any given shipment if Customer does not make timely payment.
Customer will pay all applicable taxes, duties, licenses, excises and tariffs ("Taxes") levied upon the sale, purchase or delivery of Products.
A 3% surcharge will be applied to payments made by AMEX card.
4. Returns and Warranty Assistance Service
Customer may return Products purchased from MyITHub and receive a credit of the paid price, subject to the following: (a) the Product for return is logged on MyITHub website or via Email; (b) the Product is returned to MyITHub within fourteen (14) days of the invoice date; (c) the list price of the Product has not decreased from the price paid; (d) the Product is new and Unused; (e) the Product is in its original package, which has not been damaged or altered; (f) Products sold on a "no returns basis" are excluded. MyITHub reserves the right to apply the No Returns Basis policy to any promotional or sales product (s) as it deems necessary. and (g) MyITHub determines, in it sole judgment, that Customer is in good standing. Products satisfying all the foregoing requirements may also be returned subject to a 20% restocking fee.
Products purchased from MyITHub that are determined to be defective within fourteen (14) days of the invoice date, may be returned to MyITHub for assistance in processing a manufacturers warranty, provided that the product is covered by a manufacturer's warranty and the Customer is determined, in MyITHub sole judgment, to be in good standing.
5. Disclaimer and Limitation of Liability
MyITHub will not, in any event, be liable for any loss of revenue, profit, use of data, interruption of business or for special, indirect, consequential, incidental, exemplary or punitive damages, however caused and regardless of the theory of liability, arising out of the use of or inability to use the product, or in any way connected to this agreement, even if MyITHub has been advised of such damages. The foregoing limitation of liability whether any claim is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, or otherwise. In no event will MyITHub liability to Customer exceed the purchase price paid for the product that is the basis for the claim.
6. Credit Adjustments and Refunds
Refunds will be issued, upon request by Customer, only in the event of an overpayment. No other customer will be entitled to receive a refund.
The Terms and Conditions will be construed in accordance with the laws of the State of Victoria, other than conflicts of law. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions. The failure of either party to insist upon strict performance of any of the provisions of the Terms and Conditions will not be deemed a waiver of any breach or default. Each of the parties represent it has the authority to enter into and sign these Terms and Conditions. Any notice given to either party will be in writing and effective by transmission via facsimile and regular mail to the address indicated in the Credit Application or as advised in writing by the party. MyITHub will be entitled to receive all collection costs, including solicitors fees and costs, incurred as a result of the enforcement of any provision of hereof or collection of any sum due by from Customer. In any provision of these Terms and Conditions are unenforceable as a matter of law, all other provisions will remain in effect. Either party may sign these Terms and Conditions. MyITHub will not be liable for any delay or failure in performance whatsoever due to acts of God, earthquakes, shortage of supplies, transportation difficulties, labour disputes, riots, war, fire, epidemics and similar occurrences. These Terms and Conditions constitute the entire agreement between the parties as to the Sale of Products and supercede all prior or current written or oral statements, representations, negotiations, agreements and understandings to the extent that prior or current agreements modify or are inconsistent herewith. Prior or current agreements that do not modify and are consistent with these Terms and Conditions are made a part hereof. The Terms and Conditions may be amended or modified only in writing, signed by both parties.