1.1 These terms and conditions constitute the entire agreement between ID CardWorld Pty Ltd and the Customer relating to the Goods purchased by the Customer. There are no agreements, understanding, warranties or representation between the parties other than those contained herein. The Customer expressly agrees that his offer to purchase the Goods contains these terms and conditions and no others.
1.2 Goods and all other products sold by ID CardWorld Pty Ltd are sold on these terms and conditions.
2.1 No title in the Goods shall pass to the Customer until the purchase price is paid in full. Until such payment ID CardWorld Pty Ltd may enter the Customer's premises and retake possession of the Goods at any time without notice. In the case of payment by cheque, bill of exchange or note, title shall not pass to the Customer until the same in honoured.
3. PRICE AND PAYMENT
3.1 The price shall be ID CardWorld Pty Ltd's price.
3.2 All sums payable to ID CardWorld Pty Ltd pursuant to this agreement shall be made not later than thirty (30) days from the date of invoice, or on such terms as ID CardWorld Pty Ltd may otherwise notify in writing.
3.3 Payments via credit card will incur a 1.75% surcharge (Visa, Mastercard and American Express).
3.4 If the Customer fails to make payment in accordance with the terms and conditions hereof, or shall fail to comply with any such demand by ID CardWorld Pty Ltd, ID CardWorld Pty Ltd may at its own option and without liability on its part-
3.4.1 treat such failure or refusal as a repudiation of the portion of the contract and of any such existing contracts which it has with the Customer; or
3.4.2 resell the Goods at any one or more public or private sales at wholesale or otherwise, and recover from the Customer the amount by which the price of the Goods under this contract exceeds the amount so received, together with all costs and losses occasioned by the Default of the Customer; or
3.4.3 stop production and defer deliveries of any Goods purchased hereunder of under any other contract with the Customer, except upon receipt of satisfactory security to if of cash at or before delivery.
3.5 At the discretion of ID CardWorld Pty Ltd, interest shall be paid by the Customer on overdue amounts calculated on the daily balances from the day following the date upon which payment should have been made at the rate of 2.5% per month and without any notification demand being necessary. Payments made by the Customer shall be allocated first to the interest and then to unpaid invoices in the order in which those invoices were issued to the Customer.
4.1 Customer shall pay any municipal, state or federal taxes, however designated, levied or based on the charges payable under this Agreement that may be paid or be payable by
ID CardWorld excluding income taxes. Customer shall also pay any tax not currently applicable but which is hereafter held or ruled applicable by any new law, interpretation of an existing law or otherwise. Customers must pay the Goods and Services Tax (GST) as per Australian Law.
5. CANCELLATION OF ORDERS
5.1 No order may be cancelled except with the consent in writing and on terms which indemnify ID CardWorld Pty Ltd against all losses.
5.2 Orders that are cancelled by the Customer after the receipt of Goods will incur a Restocking Fee of twenty percent (20%) of the total purchase price of the cancelled item, plus GST. Limited to 60 days from invoice.
6. DELIVERY AND RETURNS
6.1 Unless otherwise agreed in writing between the parties, all Products shall be sold on ID CardWorld's standard shipping terms as may been communicated to the customer. All duties, charges, fees, taxes and other costs (if any) are for the customer's account. All insurance charges are for the customer's account. ID CardWorld's obligation to effect shipment of the Products shall be fully discharged upon delivery. All risk of damage or loss to the Products shall pass to the customer upon such delivery.
6.2 Customer shall not return previously delivered Products without ID CardWorld's written consent. All authorised returns to ID CardWorld shall be freight and insurance prepaid and otherwise in accordance with the terms specified by ID CardWorld.
7. INSPECTION AND ACCEPTANCE
7.1 It shall be the responsibility of the Customer to inspect the Goods after delivery. ID CardWorld Pty Ltd shall not be liable for any shortage, breakage or damage to the Goods unless it receives written notice of any defect or shortcoming within thirty (30) days after the date of delivery to the Customer and the defect or ]shortcoming results from the fault or negligence of ID CardWorld Pty Ltd.
7.2 All request for documentation identifying proof of delivery of Goods will incur a handling fee of twenty ($20) dollars plus GST.
8. WARRANTY AND LIABILITY OF SUPPLIER
8.1 Supplier usual written warranty shall apply in respect of Goods.
8.2 If the Goods are not of the kind ordinarily acquired for domestic or household use the liability of ID CardWorld Pty Ltd for breach of any condition or warranty implied by the Trade Practices Act 1974 (other than section 69) shall be limited to one of the following at ID CardWorld Pty Ltd's option –
8.2.1 the replacement of the Goods or supply of equivalent Goods; or
8.2.2 the repair of the Goods; or
8.2.3 the payment of the cost of replacing the Goods or the acquiring of equivalent Goods;
8.2.4 the payment of having the Goods repaired.
8.3 To the full extent permitted by the law all other warranties or liabilities imposed or implied by the law or by the statute are expressly negatived.
8.4 The customer shall assume all risk and liability resulting from the use of the Goods either alone or in conjunction with other Goods and materials even if ID CardWorld Pty Ltd had or should have had knowledge of the use to which the Goods wood be put.
9. INTELLECTUAL PROPERTY
9.1 ID CardWorld makes no representation or warranty that the Product(s) will not infringe the patents, trademarks, trade names copyrights or other intellectual property rights of third parties.
9.2 The customer shall acquire no right, title or interest in ID CardWorld's intellectual property including patents, trademarks, trade names copyrights, know-how or trade secrets whether such intellectual property is owned by or licensed to ID CardWorld. The customer agrees to assign to ID CardWorld or any nominee of ID CardWorld any rights it may obtain in such intellectual property by operation of law or otherwise. The Customer agrees to provide ID CardWorld with aid and assistance in protecting ID CardWorld's intellectual property rights, including notifying ID CardWorld of any infringements thereof. The Customer agrees not to utilise ID CardWorld Pty Ltd's intellectual property for its own purposes or the purposes or third parties, other than with the prior written consent of ID CardWorld.
9.3 The customer warrants that the Enhancements (if any) and all other parts of the System installed or supplied other than the product supplied by ID CardWorld do not and will not infringe the intellectual property rights of any person. The Customer agrees that the indemnity in Section 10 specifically extends to the foregoing warranty, without limiting its general effect or intent.
10. GENERAL INDEMNIFICATION
10.1 The Customer shall indemnify, defend and hold ID CardWorld harmless from and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from any breach from these Terms and Conditions by the Customer and from any acts, omission or misrepresentation by the Customer in connection with the production, sale, installation, or use of the Products.
11. FORCE MAJEURE
11.1 If by any reason of fact, circumstance, matter or thing beyond the reasonable control of ID CardWorld Pty Ltd that ID CardWorld Pty Ltd is unable to preform in whole or part any obligation thereunder, ID CardWorld Pty Ltd shall be relived of that obligation thereunder to the extent and for the period that is so unable to preform and shall not be liable to the Customer in respect to such inability.