legal
TERMS AND CONDITIONS OF SALE
1. Definition
"DiversIT", "games101", "tech101" means DiversIT Pty Ltd ACN 060739139;"buyer" means the person, firm or company placing an order with DiversIT for the supply of goods; and
"goods" means the products the subject of an order placed by the buyer.
2. Payment
(a) The buyer shall pay for the goods within the time stipulated on the invoice for the goods or as otherwise agreed in writing by DiversIT.(b) DiversIT may, if payment is not made in accordance with clause 2(a):
(i) permanently withdraw any credit facility, at which time any outstanding amounts on the buyer's account will be deemed to be immediately payable; or
(ii) temporarily withdraw any credit facility and place the buyer's account on stop credit until the arrears are brought within the credit terms.
(c) Any buyer who specifically negotiated payment terms at variance with clause 2(a) will in no way be deemed to have varied any other terms and conditions of this agreement unless those terms and conditions are also specifically mentioned in the negotiations.
(d) In the event that the buyer fails to pay for goods within the stipulated time in clause 2(a), they shall pay DiversIT 1.5 per cent per month interest on the amount due to DiversIT.
3. Retention of Title
(a) DiversIT retains the legal and equitable title to the goods until full payment is received from the buyer.(b) Until DiversIT receives full payment for the goods, the buyer shall:
(i) hold the goods as bailee for DiversIT;
(ii) grant DiversIT the right to enter without notice the buyer's premises without liability for the trespass or any resulting damage to retake possession of the goods;
(iii) ensure that the goods are stored so they are clearly identifiable as the property of DiversIT; and
(iv) not alter or change the goods so as to change their quality or nature.
(c) Until DiversIT receives full payment for the goods DiversIT shall be entitled to repossess the goods if the buyer commits an act of bankruptcy or is declared bankrupt or becomes insolvent or enters into an agreement with creditors or if a liquidator / receiver and /or manager is appointed to the buyer or any of the assets of the buyer.
4. Warranties
DiversIT gives no express warranty made by or on behalf of DiversIT in relation to the goods or their supply. The Trade Practices Act 1974 and the Fair Trading Act 1987 may imply certain conditions and warranties into this agreement for the benefit of the buyer. To the extent that such conditions and warranties in respect of the goods may, as between DiversIT and the buyer, lawfully be excluded, all such conditions and warranties are expressly excluded.5. Waiver
If DiversIT fails or neglects to enforce at any time the provisions of these terms and conditions, this shall not:(a) be construed, nor shall it be deemed to be, a waiver of DiversIT's right;
(b) in any way affect the validity of the whole or any part of this agreement or prejudice DiversIT's right to take subsequent action.
6. Orders and Delivery
(a) All orders placed through this web site are subject to confirmation and acceptance by DiversIT.(b) Prices, availability & specification subject to change without notice. Errors & omissions excepted.
(c) DiversIT may vary prices in the event of price changes or mistakes on reasonable prior notice to the buyer. If DiversIT requests payment for increased prices, the buyer may cancel the order by giving notice to DiversIT, which must be received within seven days of the announcement of the increase.
(d) DiversIT or its agent will deliver the goods ordered to the address the buyer specifies on the order within the agreed time frame, subject to the availability of the goods. Where the goods are not available the buyer will be notified of this by DiversIT as soon as possible. Anyone at the delivery address who receive the goods will be presumed by DiversIT to be authorised to receive the goods.
(e) If the goods include products in respect of which the law prescribes a minimum age for purchase, the buyer must be over the age of 18 years (or such other minimum age as is prescribed by the law) and the buyer must ensure that a person over that age is available to accept delivery of the goods. DiversIT may refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age.
(f) If there is no-one at the delivery address or no-one of appropriate age to received the order, DiversIT may charge the buyer additional delivery fees.
(g) Once the goods are delivered to the buyer, the buyer will own them and it is the buyer’s responsibility if the goods are lost or damaged.
(h) DiversIT will arrange delivery in conjunction with the buyer. The cost of freight is the responsibility of the buyer.
7. Returns
(a) The buyer must notify DiversIT in writing of goods they wish to return within 14 days from the date of the invoice;(b) DiversIT will not accept the return of goods which have been added to, modified, varied or changed by any person or party other than DiversIT;
(c) DiversIT shall have no liability for any damage or defects in the products which have been caused subsequent to the purchaser taking possession of the goods due to improper storage, warehousing or transport, or by neglect, abuse or improper use, installation, maintenance or unauthorised repairs to the goods.
8. Severability
In the event that any part of these terms, conditions or provisions shall be deemed invalid, unlawful or unenforceable to any extent, such terms, conditions or provisions shall be severed from the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.9. Law
DiversIT and the buyer agree that this agreement and its provisions shall be construed in accordance with the law of the State of Western Australia and be resolved by a Western Australian court.10. Copyright, Trade Marks, Patents and Intellectual Property Rights
(a) The buyer acknowledges any and all of the trade marks, trade names, patents, copyrights and other intellectual property rights embodied in or in connection with the products and information, documentation, parts or software relating to properties supplied by DiversIT.(b) The buyer shall not, during or after the expiry or termination of the agreement, without the prior written consent of DiversIT, adopt any name, trade name, trading style or commercial designation or design used by DiversIT, reproduce any art appearing on the package of any goods or copy, sell or hire or offer for sale or hire a copy of the goods.
(c) The buyer shall indemnify DiversIT against all liabilities, costs and expenses which DiversIT may incur as a result of work done in accordance with the buyer's specifications or as a result of the combination or use of the goods with other equipment parts or software not supplied by DiversIT involving infringement of any patent, copyright or other proprietary right.
11. Costs, Expenses and Disbursements
All costs, expenses or disbursements incurred by DiversIT in the maintenance of the Purchasers account including debt collection agency fees and legal costs arising:- As a consequence of the Purchaser's default in observing the terms and conditions of sale;
- As a result of any of the Purchaser's cheques being dishonoured; or by reason of DiversIT requiring any further security to be provided; shall be payable by the Purchaser upon demand.
