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Lexmark agrees to sell under the following terms and conditions:
1. Ordering
1.1 Minimum purchase order value is $20 (excluding sales tax or GST).
2. Delivery and Payment
2.1 Unless otherwise agreed, we (Lexmark) have the right to select the method of delivery and the carrier.
2.2 While we shall endeavour to meet the delivery date indicated, we shall not be responsible for any loss or damage suffered as a result of the failure to meet any delivery date.
2.3 Risk in the equipment passes to you on delivery. Title in the equipment will not pass to you, but will remain with us, until you have made payment in full of all money owing to us in relation to the equipment. Until title in the equipment passes to you, you must store and separately identify the equipment so as to indicate that it is our equipment.
2.4 You agree to pay all prices and charges in accordance with our invoice or as we otherwise specify. If any government authority imposes a duty, tax (other than income tax) or fee on this document or any equipment or services provided by us to you, you agree to pay it when we invoice you. You must also pay to us, in addition to the fees payable under these terms and conditions, the amount payable by us as GST on any form of supply whatsoever provided by us under these terms and conditions for consideration. You must pay that additional amount at the same time and in the same manner as the consideration for the supply to which the additional amount relates. We will give you a tax invoice for each supply made by us in a form which complies with the requirements of a New Tax System (Goods and Services) Act 1999. In this clause 2.4, GST means a goods and services tax under A New Tax System (Goods and Services) Act 1999.
2.5 If you fail to pay for any of the equipment or services in accordance with our invoice or as we otherwise specify, we may refuse to deliver further equipment and refuse to perform further services until payment is made to our satisfaction. You also agree to pay interest to us on any overdue amounts at the rate of one percent (1%) per calendar month.
2.6 If you become or be in danger of becoming the subject of some form of insolvency administration, we may repossess any product in your possession, custody or control wherever it is located for which full payment has not been made.
2.7 Except as provided to the contrary in this agreement, any claim in respect of the equipment is to be notified in writing to us:
(a) within 24 hours of delivery for claims that the delivered quantity is different to the ordered quantity;
(b) within 7 days of delivery if you suspect a defect in the equipment; or
(c) within 30 days of delivery if you suspect a misdirected shipment, or shipment of less than ordered quantity where a Proof of Delivery (POD) note is required.
2.8(a) Upon receipt of your notification under clauses 2.7(a) or (c), if we find that the delivered quantity does not conform to the ordered quantity we shall authorise return of the equipment or a credit as appropriate; and
(b) Upon receipt of your notification referred to in 2.7(b), we shall authorise return of equipment, which we find to be defective. All equipment, which is returned in accordance with our authorisation under this clause, is to be returned within 7 days of delivery, unless we extend the time. Freight and insurance shall be prepaid by you and we accept no risk in respect of equipment, which is being returned.
2.9 We shall endeavour to replace or repair at our option and our expense, equipment which we find to be defective and which has been notified to us as defective by you in accordance with clause 2.7. This clause 2.9 shall not apply if the defect is the result of your improper use, mismanagement or modification of the equipment not authorised by us or the subjection of the equipment to unusual or unrecommended environmental or electrical stress.
2.10 Any costs associated with the receipt and transmission of copies of invoices, credit notes, consignment notes, delivery dockets or any other document reasonably expected to be in your possession will be charged at a rate determined by us, and notified to you, from time to time.
2.11 Our rights under this clause are in addition to any legal right or remedy otherwise available to us.
2.12 All bank charges incurred by Lexmark in relation to direct deposit method of payment are to be paid by the customer.
3. Terms of Trading (as shown on front of invoice)
4. Warranty and Limitation of Liability
4.1 The statement of our warranty to you in relation to the equipment is 90 days from date of purchase. Details of our warranty are available from us on request.
4.2 Except as provided to the contrary in this agreement, all terms, conditions and warranties whether express or implied, relating to the equipment or to this agreement are excluded. Subject to clause 4.3, we shall not be under any liability to you in respect of any loss or damage (including consequential loss or damage) however caused (including by negligence) which may arise directly or indirectly in respect of the equipment or our failure to comply with our obligations under this agreement.
4.3 Where any Act of Parliament implies in this agreement any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in this agreement. However, our liability for any breach of such term, condition or warranty shall be limited, at our option to any one or more of the following:
(a) If the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) If the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
4.4 Extended Warranty Not available on spare parts
5. Intellectual Property Indemnity
5.1 We provide a limited intellectual property indemnity on our equipment against an allegation that the equipment infringes the intellectual property rights of a third party in Australia on the condition that you co-operate with any proceedings or settlement negotiations which may result. Details of the intellectual property indemnity are available from us on your request.
6. Return of Goods
6.1 Lexmark has a firm no return policy for goods that are incorrectly ordered or no longer required by the customer. Lexmark may however, under certain circumstances, agree to the return of goods in this category.
6.2 If Lexmark agrees to the return of goods, a charge of $50.00 or 10% of the value of the goods being returned (whichever is the greater) will be deducted from the credit to cover the initial shipping cost and administration.
6.3 All goods being returned must be in as new condition and in original packaging.
6.4 For a full understanding of the Goods Return Procedure and to obtain an L.R.A. (Lexmark Return Authority), please call Lexmark Spare Parts Group on 1300 362 192.
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