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Computer Resale Brokers - Terms and Conditions of Sale
The following are the terms on which Computer Resale Brokers (CRB) will supply, and the Customer must acquire, products including computer and networking hardware, software, license and components (Products) and related services including maintenance and support (Services).
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1. Ordering
1.1 Customers may order Products and Services from CRB from time to time by completing, executing and sending to CRB a purchase order (Order). In placing an Order, the Customer agrees to be bound by these Terms and Conditions of Sale (Terms) and agrees that if there is any inconsistency between the Terms and an Order, the Terms will govern to the extent of any inconsistency.
1.2 The supply of Products and Services by CRB to the Customer is subject to our Suppliers’ ability to supply sufficient quantities and types of Product to CRB.
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2. Payment
2.1 The purchase price of Products is as set out in CRB’s most recent price list, quotation, facsimile, email or quotation at the time the Customer orders Products from CRB. Taxes, Freight, handling and insurance costs are in addition to the purchase price and will be shown separately on CRB invoices.
2.2 CRB may alter any quoted prices of Products without prior notice to the Customer.
2.3 CRB will invoice the Customer for amounts due at the times specified in the Order, specifying how those amounts are calculated.
2.4 The Customer must pay each CRB invoice in full in accordance with agreed credit terms as specified on the CRB invoice.
2.5 The Customer must reimburse CRB for any expenses and charges incurred by CRB in attempting to recover from the Customer any overdue amounts, including without limitation, debt collection and legal fees.
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3. Cancellation charges
If CRB becomes liable to pay a Supplier’s cancellation or rescheduling fee due to the Customer cancelling an Order, then CRB may recover those fees from the Customer. |
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4. Stock Returns for Credit
Non-faulty products can only be returned to CRB for credit at CRB’s discretion. See item 5 below for returns of goods under Warranty. |
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5. Warranty
CRB provides a replacement warranty on all Used Equipment. The period of the warranty is specified on the sales invoice. Faulty goods must be returned to CRB at the Customer’s expense for inspection. Replacement equipment will be sourced and delivered as quickly as possible.
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6. CISCO Products Software License and Support:
In relation to any CISCO products other than those sold New via CISCO Australian Distribution, the Customer acknowledges that:-
6.1 Such Cisco Products purchased from CRB are supplied without a valid software license (if applicable).
6.2 The Customer may separately purchase a software license – CRB can generally supply these.
6.3 CRB is a CISCO Registered Partner for New CISCO Products and Services only.
6.4 All CISCO Products are supplied without CISCO Systems support (“SMARTnet”) and the Customer must separately purchase CISCO Support from CRB, CISCO Systems or a CISCO Systems authorised distributor.
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7. Risk and title
Ownership of any products and packaging delivered remains vested in CRB until all amounts owing on account for any products supplied, whether past or present, have been paid in full. In the event that any amount is due, owing and payable past the expiration of agreed credit terms, CRB shall be entitled to enter upon any premises where the products previously supplied by CRB are located and remove from such premises and take possession of any such products at invoice value in satisfaction of any and all unpaid amounts which are due, owing and payable at that time by the customer to CRB. There shall be no requirement whatsoever on the part of CRB to identify any specific stock item to any unpaid invoice. |
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8. Indemnity
8.1 Customer indemnifies CRB, its employees, agents and subcontractors against all losses, damages, expenses and costs that any of them may sustain or incur as a result, whether directly or indirectly, of any Claim.
8.2 For the purposes of these Terms, "Claim" means any claim by any third person for loss or damage to any property, injury to or death of any person or economic loss arising out of or relating to any or all of the Products or Services, any delay or failure in supplying the Products or Services and these Terms.
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9 General
9.1 Both parties acknowledge that CRB will supply Products and Services as an independent contractor.
9.2 These Terms contain the entire agreement between CRB and Customer in relation to its subject matter and supersede all prior negotiations, agreements, understandings and commitments between CRB and the Customer in relation to that subject matter.
9.3 These Terms shall be governed by and construed in accordance with the laws of Australia where the customer has purchased from Computer Resale Brokers Pty Ltd. The parties hereto submit to the nonexclusive jurisdiction of the Courts of Australia in respect of any dispute or matter arising out of or connected with these Terms.
9.4 CRB may subcontract to any person the performance of any of its obligations under these Terms.
9.5 Any quote, email, facsimile, price list etc indicating a price and delivery term, is only valid for 24 hours unless specifically stated otherwise. All prices quoted therein are exclusive of local taxes, again unless specifically stated otherwise.
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