Below are the terms that constitute the entire agreement between Global Office Machines and any customer utilising this website and purchasing any Products or services from Global Office Machines.
Please refer to ‘Definitions’ below.
You should seek independent legal advice as to the meaning and effect of these terms and the applicable of these terms to You.
1. When Placing an order:
All orders for products placed by You must be placed using Our online application form and are subject to acceptance by Us.
No order will be taken to have been accepted by Us unless products are supplied to You or the order is confirmed in writing or by telephone by Us. We may reject any order placed by You if we are unable to fill the order as the Products are unavailable, or for any other reason in Our absolute discretion.
2. Payment by you:
You must pay Us for Products at the price indicated on our website, or provided by Us in written quote form, invoice to You. Payment is required prior to the time we deliver the Products to You unless You have been approved for credit terms. In the event of outstanding payment, We reserve the right to suspend the provision of any credit to You, or to fill any further orders placed by You, until all amounts owing are paid in full.
We further reserve the right from time to time to vary or cancel any credit facilities which have been made available to You. In relation to outstanding payments to Us, You will be liable to pay interest on any overdue amount at a rate of 15% per annum calculated daily from the date payment was due until the date payment is received by Us.
Unless otherwise specifically stated, all prices quoted for products or service are exclusive of all freight and delivery costs, and any other costs or charges which may arise in relation to delivery. We will indicate on our website whether each price is inclusive and exclusive.
You hereby acknowledge and agree to pay on receipt of a demand from Us any tax which becomes payable as a result of any payment receipt or other transaction between You and Us including any Goods and Services Tax, Sales Tax, Excise Tax, Stamp Duty or other Government charges, fees, levies, fines or penalties.
3. Credit assessment:
We may, in our absolute discretion, agree to provide Products to You on Credit.
Subject to Our obligations under the Privacy Act, We may provide certain information about You to a credit reporting agency to obtain a consumer credit report or to allow the credit reporting agency to create or maintain a credit information file about You. You expressly agree that We may disclose a credit report about You to any credit provider, debt collecting agency, or our insurer for the purposes of assessing your credit worthiness or to collect any overdue payments from You.
You expressly agree that We may obtain information about You from any business which provides information about the commercial credit worthiness of persons for the purposes of assessing Your application to purchase Products on credit and collecting any overdue amount.
We may refuse, in Our absolute discretion, to supply Products to you on credit on the basis of Our credit assessment of you.
4. Delivery of Products:
Unfortunately, We will only be able to provide You with an estimate in relation to delivery times and although we will work towards meeting Our estimated delivery times, You agree We will not be liable for any loss, delay or damage suffered or incurred by you in relation to late or non delivery of any Products. Where convenient to Us, We may deliver part of your order as and when the Products become available for delivery.
In the case of Products being delivered, You must inspect Products upon delivery to Your premises. In the case of software products, You must test or inspect such software Products within seven (7) days of delivery or download and You must give written notice to Us if You believe the Products are not those which were ordered by You, or are in some way defective.
5. Passing of Title:
When Products are delivered to You by Us, the Products will be at Your risk immediately upon delivery to You or Your agent or into Your custody or control or collection of Products by You or Your nominated carrier or Agent.
You must at all times hold insurance with a reputable Insurance company for all Products, and against all risks as you think appropriate and at Your cost. You must note our interest on Your insurance policy and produce a Certificate of Currency of Your insurance to Us upon our request.
At all times, risk in the products will remain with You unless we retake possession of the Products in accordance with these terms. Despite this, title in the Products which We supply You will not pass to You and will remain Our absolute Property until such time as You have made payment to Us of all monies due and owing to Us are paid. In relation to software Products, title remains with Us and all or any applicable third party licensor at all times.
Until such time as You have paid all outstanding monies to Us in relation to the Products, You must properly store and label Our Products so as to clearly identify them as Global Office Machines’ Products and property, and you agree not to sell any of Our Products which We deliver to You until such time as You have paid Us in full for the products OR if You chose to sell the Products, you must notify Us in writing of Your intention, and You shall keep records of the Products sold by You in the ordinary course of Your business in the capacity of fiduciary agent for Us and You agree to deposit all proceeds of any such Sale of our Products in a separate bank account so as not to mix the proceeds of the sale with any other money as such monies will be held by You on trust for Us and You shall immediately account to Us for the proceeds up to the amount outstanding to Us by You.
If You breach these terms, or any other terms of Our agreement or any other Policy, You expressly authorise Us to enter onto Your premises where Our Products are stored in order to inspect the Products and or reclaim and retake possession of the Products.
6. Returns and Cancellations:
You must notify Us within seven (7) days of the invoice date if You wish to return any products because you believe they are faulty.
We do not allow refunds or returns for Products which are not faulty.
Returns will be subject to Our Returns Policy which may be amended from time to time and which is available on this website.
We will not be liable for any damage or defects in the Products that has been caused by improper storage, warehousing or transport or by any neglect, abuse or improper use, installation, maintenance or unauthorised repair of Our Products.
Unless otherwise agreed in writing by Us, You may not cancel an order which has been accepted by Us in accordance with these terms.
7. Default in Payment:
Without in any way limiting any of Our other rights under these terms or the law, if You fail to make payment which is due to Us, We, in Our sole discretion and without further notice to You may refuse to make further supplies to You under any Sales Contract or agreement and may terminate any Sales Contract with You without notice.
In order to protect and secure Our interest under these terms and any Sales Contract, You hereby agree and acknowledge that these terms give rise to an interest in land which will enable Us to lodge a caveat against the title of any land in which You have an interest. You hereby expressly consent to Our lodgement of a caveat against any land in which You have an interest, and You hereby irrevocably agree to endorse Your consent upon any relevant form or documents to enable the lodgement and registration of such caveat by Us. You hereby agree to be liable for the costs and expenses incurred by us in preparing and registering the caveat.
8. Where the Product is Software:
When the Product We are suppling to You is software, in addition to these terms, You will be supplied with the relevant Licence Agreement applicable to such software and that transaction between You and Us will then be governed by these terms and the Licence Agreement. You agree to use the software Product in accordance with the relevant Licence Agreement.
You expressly acknowledge that in the case of software Products, refusal or failure to pay will result in cancellation of the licence to use the software product. You agree that the provisions of this clause will apply despite any arrangement under which we have provided credit to You.
9. Force Majeure:
If We are unable to perform Our obligations under these terms because We are unable, prevented, restricted or affected by ‘force majeure’ including act of God, strike, lockout, product shortage, breakdown of plant, transport equipment or any other cause beyond our reasonable control, We will give You notice of this and after sixty (60) days from Your receipt of Our notice, either of us may terminate the Sales Contract without penalty.
All Products are covered by manufactures warranty.
To the extent permitted by law, Our entire responsibility to You in regards to Warranty will be to pass on to You for Your benefit of any warranty made available by the manufacturer/supplier/vendor. Software Products are not warranted by Us under these terms. Software Products are warranted in accordance with the relevant Licence Agreement.
To the extent permitted by law, the manufacture’s warranties are a substitution for all warranties whether implied by statute or otherwise and all other terms and conditions and warranties are expressly excluded. These terms must be read subject to statutory provisions in relation to warranties implied or otherwise. If those statutory provisions apply, then to the extent to which We are able, Our liability is limited to, in the case of Products, replacement of the Products or resupply of equivalent Products, repair of the Products, and payment of the costs of replacing the Products or requiring equivalent Products or the payment of the costs of having the Products repaired, and in the case of services, the supply of services again or the payment of reasonable costs of having the services supplied again.
We do not warrant that repair for facilities or parts will be available in respect to any of the Products.
To the extent permitted by law, We will not be liable to You or any other person under any circumstances for any loss of use, profit, revenue, interest, good will or data or for any injury or death to any person or for any indirect incidental consequential damage sustained or incurred whether such liability arises directly or indirectly as a result of any negligent act or omission or wilful misconduct of us or our employees or agents, the supply performance or use of any Products or services or any breach by Us of Our obligations under these terms or any relevant Sales Contract.
13. Intellectual Property:
You acknowledge that all trademarks, copyright and other intellectual property rights embodied in or in connection with the Products or any related parts or software are the sole property of Us or Our suppliers or manufacturers and all intellectual property here referred to may only be used by You with the express written consent of Us or Our suppliers and manufacturers.
You must not register or use any trademarks, trade name, domain name, trading style or commercial design used by Us or Our suppliers and manufacturers in connection with the Products.
You agree to indemnify Us against all liabilities, damages, costs and expenses which We may suffer or incur as a result of any work performed by Us in accordance with Your instructions which results in any infringement of intellectual property of another person.
In the course of Our transactions with You, We may disclose to You from time to time information which is confidential and documentation which relates to Products, Our marketing, maintenance and software including technical specifications, pricing and supplier information (“Confidential Information”). You must only use Confidential Information for the purposes contemplated by these terms or any Sales Contract and agree not to disclose to any third party either directly or indirectly the Confidential Information other than as required by the law.
If disclosure of confidential information to third parties is necessary you must obtain from Us Our written consent, and You must ensure that such third parties are also bound to maintain the Confidential Information disclosed at least to the same extent You are bound to protect Our Confidential Information under this here clause. Upon the expiry or termination of any relevant Sales Contract You agree to not to further use Our Confidential Information and You must return or destroy Our Confidential Information which may be in Your possession or control. The provisions of this clause do not extend to any information which is public knowledge, which We have approved the disclosure of, or which You are required by law to disclose.
We may amend these terms at any time by giving You notice in writing, by email or by posting a notice on Our website. By continuing to place orders for Products, You acknowledge that You have accepted the revised terms from time to time.
Any provision of these terms which is invalid or unenforceable is severable and will be severed to the extent necessary and the remaining provisions will continue unaffected.
You agree not export, re-export or distribute products in violation of any export laws in force at the time of the Sales Contract.
You may not assign or attempt to assign any of Your rights or obligations under these terms.
These terms are governed by the laws of New South Wales and the courts of that State shall have exclusive jurisdiction to hear any disputes in relation to these terms or any Sales Contract.
“You” “Your”: means the person, business or company that is a purchaser of the Products.
“Products”: means any products including software or services supplied to you by us and described in any invoice provided to you by us.
“Us” “We” or “Our”: means Global Office Machines.
“Sales Contract”: means any sales contract or agreement entered into between You and Us in respect of any Products and services supplied to You in which these terms are deemed to be incorporated. A Sales Contract may include an order placed by You, which is accepted by Us.