STANDARD TERMS AND CONDITIONS FOR SUPPLY OF PRODUCT AND SERVICES

1 INTERPRETATION

In this document the following words shall have the following meanings:

1.1 “Customer” and “Client” means any person or business who purchases products and services from the Supplier;

1.2 “Supplier” means Trisynia Pty Ltd headquartered at Suite i83, 21 Hall Street, Port Melbourne, with offices in Sydney.

1.3 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.

2 GENERAL

2.1 These Terms and Conditions shall apply to all contracts and agreements for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.

2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.

3 PRICE AND PAYMENT

3.1 Payment of the price for the supply of services shall be paid upon invoice with 14 calendar day terms unless otherwise agreed in writing by the Supplier or stated in a contract or Managed Services Agreement.

3.2 Payment of the agreed price for the supply of goods and products shall be invoiced at the time of agreement to purchase by the Customer with full payment due immediately upon delivery. Goods in excess of $500.00 exclusive of GST will require payment in full upon order with associated services invoiced on 14 day terms on completion.

3.3 Payment can be made by credit/debit card or by EFT. The Supplier does not accept cash or cheques.

3.4 Payment in arrears will be by prior agreement only.

3.5 Ownership of products will not pass to the Customer until payment in full is received by the Supplier.

3.6 The cost of freight, insurance and any special delivery requirements will be borne by the Customer.

3.7 The Supplier will send an electronic invoice to the Customer. If any further copies are requested, in any format, there will be an administration charge.

3.8 The Supplier reserves the right to modify, update or run promotions on any service at any time. The Supplier reserves the right to change the price of any service at any time. Once a service has been ordered, the price shall remain fixed for the Customer. Under no circumstances shall the Supplier refund the difference should the price of that service decrease.

3.9 For monthly recurring services not paid by the due date, Trisynia will charge a fee of $10.00 ex GST for each 14 days by which payment is late. In addition, a fee of 1% of the outstanding balance will be levied for each 30 days by which payment is outstanding beyond the due date.

4 CUSTOMER’S OBLIGATIONS

To enable the Supplier to perform its obligations the Customer shall:

4.1 Pay invoices according to the Supplier’s terms of trade or other terms agreed in advance by the Supplier in writing.

4.2 Co-operate with the Supplier;

4.3 Provide the Supplier with any information reasonably required by the Supplier;

4.4 Keep the supplier notified of their correct name, postal address and any phone, fax or e-mail information.

4.5 Comply with such other requirements as agreed between the parties.

4.6 Comply with all other statutory requirements – particularly in regards to data protection and confidentiality.

5 SUPPLIER’S OBLIGATIONS

5.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.

5.2 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects at the point of dispatch.

5.4 Data related to the delivery of a services, collected by the Supplier’s task tracking and accounting systems, may be retained indefinitely. For purposes such as warranty, rectification and repair, data relevant to the provision of a service or product will be retained by the Supplier. Data collected to the Supplier shall not be disclosed to third parties other than as minimally required to provide the requested services and in the supply of products.

5.5 The Supplier may decline to provide a service or withdraw a Customer order offer where acceptance is delayed by more than 7 days, where an upstream supplier of a product is unable to supply or where a supply price changes beyond the control of the Supplier.

6 LIMITATION OF LIABILITY

6.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However, the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.

6.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

6.3 The Supplier cannot accept liability for items lost during the delivery process.

7 CANCELLATIONS 

Returns/refunds policy:

7.1 Once ordered, products cannot be returned to the Supplier unless found to be defective within 7 days of receipt. Standard manufacturer’s warranty applies after 7 days.

7.2 Upon receipt of products, the Customer will immediately inspect the delivery and notify the Supplier of any discrepancy. The Supplier will accept no responsibility for reported delivery discrepancy where the Customer does not immediately inspect the shipment.

8 FORCE MAJEURE 

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

9 TRISYNIA’S INTELLECTUAL PROPERTY 

The contents of the Trisynia website may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means without the prior express written permission of Trisynia.

10 SEVERANCE 

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

11 GOVERNING LAW 

These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts.

Platform service with 30 days’ notice (the effective Cancellation Date). If the service is cancelled within the contract period, an early termination charge, consisting of 25% of the remaining monthly charges that would have been paid from the cancellation date and the end of the contract period, will be applied.

4.12 Upon termination of the service, all equipment supplied by Trisynia as part of the service must be returned, at the Client’s expense, within 5 business days.

Trisynia Pty Ltd (Business IT Solutions)

Melbourne:

Suite i83, 21 Hall Street, Port Melbourne,

Ph: 03 9690 0095

Sydney:

Suite 102, 46-50 Kent Rd, Mascot

Ph: 02 8004 1468

ACN: 642 710 361

Email: info@trisynia.com.au