Last updated: 29th April 2009.

1.     Definitions in these Conditions of Sale

1.     Definitions

1.     "the Company" means Abax Systems Pty Ltd;

2.     "the Customer" means the person, firm orCompany ordering or buying the goods from the Company;

3.     "the Goods" means goods or servicessupplied by the Company to the Customer.

2.     These conditions shall apply to and be incorporatedinto every agreement between the Company and the Customer under which theCompany supplies goods or services at the request of the Customer.

3.     No contract in respect of the Goods will arisebetween the Company and the Customer until the Customer’s order has beenaccepted by the Company.

4.     These conditions shall take precedence over anyconditions set out in any communication or document of the Customer regardlessof the date or time of such communication or document and shall not be variedwithout the express written consent of the Company.

5.     Any quotation and contract between the company andthe Customer shall in all respects be governed by and construed in accordancewith Australian law and the Courts of New South Wales shall have jurisdictionto hear all disputes arising in connection with the contract.

2.     Price

1.     Unless otherwise specifically stated, any pricesquoted by the company are in Australian currency and are inclusive of GST butexclusive of delivery and freight charges, and the company shall charge extrain respect of such items.

2.     Prices quoted are current at the time of quotationand are valid for 30 days therefrom. If the delivery occurs outside the thirtyday validity period of the quotation, the Company reserves the right to alterthe price payable by the customer according to the price ruling on the date ofthe despatch.

3.     Prices quoted on the Abax Systems Pty Ltd websiteare deemed current at the time the Customer places an on-line order.

3.     Payment

1.     Credit terms are subject to acceptance of a CreditApplication and validation of trade references and are strictly 30 days fromdate of invoice.

2.     In the event that payment shall not have been madeby such date the Company shall be entitled to recover interest on the amountoutstanding calculated at 5% per annum above the current NAB overdraft rate forthe time being in force calculated on a daily basis.

3.     The customer will pay all collection costsincluding but not limited to legal expenses and debt collection commissionsincurred in obtaining payment for any amounts owing to the Company in respectof the Goods.

4.     The granting of any credit by the Company to theCustomer shall be at the company’s absolute discretion and may be revoked atany time whereupon any and all amounts owing to the Company shall be paidimmediately.

5.     In consideration of the Company agreeing to andcontinuing to supply the Goods to the Customer, the Directors jointly andseverally guarantee to the Company the payment of the amount due by theCustomer for the Goods and any other monies or damages payable to the Companyby the Customer pursuant to these Conditions including but not limited to theitems listed under clause 2.1.

6.     This Guarantee shall be a continuing Guarantee andshall not be affected or avoided in any way by any agreement or arrangementmade between the Customer and the Company at any time or other indulgence givenby the Company to the Customer or any composition or arrangement with orrelease of the Customer or any one or more of the said Directors, or in theevent that the Customer becomes bankrupt or insolvent. Any and all Directorswho sign the credit application shall be bound even if any or all of the otherDirectors fail to do so or there are no other Directors. Any payment receivedwhich is subsequently found to be a preferential payment shall not be a paymentfor the purpose of this Guarantee.

4.     Retention and Passing of Title

The risk of the Goods shall pass to the Customer onDelivery but until the Company has received payment in full, the Goods shallremain the ownership and property of the Company and the Company has the right,without prejudice to the obligation of the Customer to pay the price to recoverthe Goods and for the purpose thereof the Company, or the Company’s nominatedagent, may enter upon any premises of or occupied by the Customer or thirdparty with the consent of the third party.

5.    Loss and Damage in transit or Nondelivery

Where the Goods are delivered by the Company’scourier service, all risk in respect of the Goods during transit shall beassumed by the Company or the courier service employed by the Company. Wherethe Goods are delivered by the Customer’s courier service, all risk in respectof the Goods during transit shall be assumed by the Customer or the courierservice employed by the Customer. The Company shall not be held liable for anyconsequences of late delivery howsoever caused.

6.     Frustration (Force Majeure)

If the Companyis prevented at any time from performing any contractual obligation or if anyloss, damage, injury or delay in delivery is occasioned by or due to any causebeyond the Company’s control including but without prejudice to the generalityof the foregoing, the commission of any criminal act, shortage of Goods, act ofwar, terrorism, civil commotion, accident, industrial action, or anyrestriction imposed by any local municipal or government authority (includingCustoms Authorities) whether Australian or foreign, the Company shall beentitled forthwith to determine the contract and to be discharged from allliabilities whatsoever to the Customer and the Company shall not be liable forany such loss, damage, injury or delay as aforesaid.

7.     Warranty and Limitation of Liability

1.     All Goods supplied by the Company benefit from thewarranty given by Abax Systems Pty Ltd, if any, and this benefit shall bepassed onto the Customer accordingly.

2.     The Company’s liability in respect of the Goodsshall be limited to the replacement of faulty Goods or the issue of a creditnote in respect thereof or the granting of a refund or equivalent compensatorymeasure as the Company considers appropriate at its discretion.

3.     Goods returned must be in their original packagingand in a clean saleable condition. The Company shall not be liable for the lossof or damage sustained to Goods in transit from the Customer.

4.     The Company shall not be liable in contract, tortor otherwise for any injury, damage or loss resulting from defects or fromanything done or omitted in connection with the Goods or from any work done inconnection therewith.

5.     Whilst the Company makes every effort to ensurethat all Goods sold are of merchantable quality these products are sold on theunderstanding that the company cannot be held responsible for any losses causedthrough the failure of these products to function as the manufacturer intended,or their failure to be delivered within a reasonable time frame from placementof the Customer order.

Delivery Instructions & Timeframes

Despatch
Abax Systems Pty Ltd endeavours to despatch stocked goods within 24 hours ofreceipt of a web order. If the order is placed prior to 12pm then the order isusually shipped same day.

Limitations

• Our couriers do not deliver to Post Office boxes.
• Use of a business delivery address is highly recommended. If your delivery address is a non-commercial address then you must ensure someone is there to take delivery, because the couriers will not leave goods without a signature. If no one is in attendance when the courier arrives, they will try at another time, however this will incur a redelivery fee and will also delay the delivery.

Courier
Abax Systems Pty Ltd uses couriers for all deliveries. Urgent deliveries anddeliveries to remote locations may require the use of the customer’s courierservice, or another courier service.

Timeframes
The courier service utilised by Abax is 'Overnight'. This means next daydelivery for the eastern states capital cities. Most other areas are two businessdays with the exception of Western Australia and Northern territory which canbe from three to five business days.

For a guide to delivery times to your postcode click here tovisit the Startrack website, click on ‘Transit Times’ in the topbar, then enter ‘Wetherill Park NSW’ for the despatch address then your townand state.

Checking your delivery status

Contact Abax despatch at 1300 300 369 or email info@abax.com.au and requestyour ‘consignment number’, then click here to track the status of yourdelivery.

PleaseRead
Timely receipt of the goods is dependent on the customer providing correct,complete and clear delivery details and instructions in the relevant part ofthe online order process, and ensuring someone is on site at the time ofdelivery (9am to 6pm) business days. Failure to do so may create deliverydelays and may incur additional freight charges.

Refund & Returns Policy

Abax Systems Pty Ltd will accept the return of stockedgoods and provide refunds or credit under the following conditions.

1.     Requests for Returns

Requests forreturns, for whatever reason must be made to Abax within five business days ofreceipt of goods.

2.     Incorrect Goods

1.    If incorrect goods are supplied due to an error by Abaxthen the customer will have the choice of having the correct goods shipped, orcancelling the order. In either event, there will be no freight cost incurredby the customer for the return of the incorrect goods or the re-shipment of thecorrect goods.

2.  If incorrect goods are shipped due to an error bythe Customer then the order will be corrected, the incorrect goods returned andAbax will ship the corrected order. The customer will be liable for all freightcosts including the original shipment, the return shipment and the correctedorder shipment. 

4.     Damaged Goods.

Abax willreplace goods damaged in transit. The goods must be returned for inspection andto enable Abax to claim transit insurance. If the customer fails to return thedamaged goods, then no credit will be provided for the damaged goods

4.     Faulty Goods.                    

Abax willreplace faulty goods. The goods must be returned for inspection and to enable Abaxto claim warranty replacements. If the customer fails to return the faulty goods,then no credit will be provided for the faulty goods.