TERMS AND CONDITIONS

1. DEFINITIONS

In these Terms and Conditions:

1.1 “Company” means Pos Systems Australasia Pty Ltd. ABN 67 149 546 770; Trading as Budget Cash Register Co, and aPOSability.

1.2 “Customer” means any person or Company who purchases or has agreed to purchase goods from the Company.

1.3 “Goods” means all products and services offered for sale by the Company to the Customer, as described on a quote and /or Tax invoice.

1.4 “Conditions” mean the terms and conditions set out in this document.

1.5 “Contract” means the contract arising out of acceptance by the Company of an order to purchase goods by the Customer.

1.6 “System” means the supply of hardware, or software, or services, or a combination by the Company.

1.7 “Third party software” means software usually installed on a device that is not manufactured by the Company, or where Company has no copyright.

1.8 “Third party hardware” means goods not forming part of a contract between the Company and the Customer.

1.9 The singular shall be deemed to include the plural, person shall include the firm or Company and vice versa.

2. QUOTATIONS AND PRICES

2.1 All goods quoted are correct at time of publishing and issuing a quotation. Pricing is subject to change without notice. Company reserves the right to           amend any errors and / or omissions on quotations, Tax invoices or any other documents of the Company. Company is not responsible for compensating the Customer should goods listed on quote be withdrawn by the supplier.

2.3 Goods quoted represent the entire offer. Company will only supply goods listed on the quotation. All other Goods requested will be supplied as an optional sale.

2.4 Any product, feature or service mentioned, discussed, demonstrated during preliminary discussions does not constitute an order to supply.

2.5 Unless otherwise stated, all quotes are valid for a period of 30 days from the date of issue.

3. INVOICING AND PAYMENT

3.1 All goods supplied are C.O.D. and payment due as per payment terms, unless otherwise arranged.

3.2 Payment Terms: Deposit (50% of Contract Total); Progress Payment (25% End Programming); Balance (25% Delivery/Installation).

3.3 To secure purchase, a signed order confirmation together with a deposit of 50% is payable at time of order unless otherwise arranged.

3.4 To secure purchase where goods are to be financed, the Customer is required to advise the Company of finance approval and acceptance. Payment by Finance Company to the Company is due on delivery/installation of goods.

3.5 Should payment remain unpaid, or Customer fails to make any payment when due, then, without prejudice to any other rights, the Company reserves     the right to remove or disable all hardware and software until paid.

4. RESERVATION OF TITLE

4.1 It is expressly agreed and declared that the title to the goods wholly or partly the subject of this agreement shall not pass to the Customer until the Customer has made full payment pursuant to the contract. The Customer shall in the meantime take custody of the goods and retain them as the fiduciary agent and Bailee of the Company.

4.2 The Customer hereby authorises and allows the Company or its representative(s), servant(s), agent(s) or employee(s) to enter any land or premises upon which the goods are housed or stored for the purposes or retaking possession of the goods and the Company shall not be liable for any costs, losses, damages or expenses suffered or incurred by the Customer as a result of such action being taken.

4.3 Notwithstanding anything contained in the preceding sub-clauses of the clause the Customer accepts all risk of loss or damage to the goods, whether caused by the Customer or not, upon delivery of the goods and will further indemnify the Company against all claims demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display or use of the goods after the Customer has taken possession of the goods.

5. CANCELLATION OF ORDER

5.1 A Customer’s purchase order, order confirmation, contract shall not be varied or cancelled without prior written consent of the Company. Granting of consent shall be entirely at the discretion of the Company and shall always be subject to the payment by the Customer to the Company of a sum equivalent to the losses, including loss of profit, and expenses of the Company caused by the variation or cancellation.

6. DELIVERY

6.1 Delivery of Goods will be made to the address listed on the purchase order unless otherwise stated in writing.

6.2 Unless otherwise stipulated in writing, the Client is responsible for all delivery and freight charges.

6.3 Risk in the goods shall pass to the Customer upon delivery. The Customer is advised to insure goods accordingly.

6.4 Any delivery dates quoted are estimated only. The Company shall make all reasonable attempts to meet the scheduled delivery date set out in the quote however will not be held liable for failure to meet these dates.

7. STORAGE

7.1 Where the Company is required to store goods in their warehouse for a period greater than thirty (30) days, the Company reserves the right to invoice the Customer for all costs already incurred by the Company and the Customer must agree to pay such invoices as per the appropriate payment terms.

7. CLAIMS AND RETURNS

7.1 All claims to be made in writing within seven (7) days from invoice date. Goods supplied may not be returned without written consent of the Company.

7.2 Goods returned with written consent from Company must be in original packaging and ‘as new’ condition. A restocking fee applies.

7.3 All software goods sold are considered final. Software is non-refundable.

7.4 Where Customer returned goods that are not in original packaging and ‘as new’ condition, the Customer will be held liable for all costs required to return the goods to a saleable condition or the shortfall in the sale price that the Goods are able to be sold for.

7.5 The Customer will be responsible for all transport costs to return the Goods to the Company.

8. SYSTEM INSTALLATION

8.1 Installation in Metro area (50Km from Perth CBD) is included only when specified as such in the quotation. Extra Installation time is charged at current applicable rate. Installation outside Metro area attracts a travel fee, and accommodation if required is for Customer’s account.

8.2 Where applicable, travel and accommodation expenses at cost will be estimated.

8.3 Once the goods arrive on site for installation, or dispatched from our office, the responsibility for insurance is to the client’s account.

8.4 Network Cabling and / or Wireless Communication setup is not included in quotation, unless otherwise stated.

8.5 It is the responsivity of the Customer to ensure that the power conditions are stable at the installation site. Company will not be responsible for system failures due to poor or inadequate power supplies.

9. SYSTEM TRAINING

9.1 Training is included only when specified as such in the quotation. Training is conducted at Company’s office, or via remote connection. Onsite training is available and attracts a callout charge per visit.

9.2 Extra training and programming can be purchased, charged at the Company’s current applicable service rate.

9.3 Extra training and programming conducted at our showroom, or via remote. Onsite training is available and attracts a callout charge per visit.

10. SYSTEM SUPPORT

10.1 Ninety days (90) business hours’ software support is included only when specified as such in the quotation, via phone, remote. A working internet connection is mandatory for all software support.

10.2 Support during business hours (Monday to Friday 9am – 5pm) is available by phone, remote. Support provided outside of business hours is charged at double the applicable rate.

10.3 If support is required in relationship to a third party supplied operating system or software, the Customer acknowledges that the third party supplier may be engaged to provide the support and additional costs apply.

10.4 Onsite support is available and attracts a callout charge per visit. Support outside Metro area attracts a travel fee, and accommodation if required is for Customer’s account.

10.5 The Company offers the Customer an annual software support agreement in relation to the Goods pursuant to a separate software support agreement between the Company and the Customer on terms, rates and conditions set out in that agreement.

10.6 If no software support agreement is in place between the Company and the Customer, the Company offers support via a pay as you go base, charged on a time and materials basis at the current applicable rate in 15 minute increments with a minimum 30 min charge.

14. SERVICE CHARGES

14.1 Company provides its services during business hours Monday to Friday 9am – 5pm on a time & materials basis at the current applicable rate in 15 minute increments with a minimum 30 min charge.

14.2 Services provided outside of business hours (Monday to Friday 9am – 5pm) are charged at double the current applicable rate.

14.3 Onsite service is available and attracts a callout charge per visit. Service outside Metro area attracts a travel fee, and accommodation if required is for Customer’s account.

14.4 Workshop service is provided on a time & materials basis at the current applicable rate in 15 minute increments with a minimum 30 min charge. This may relate to hardware servicing, investigation work, hardware repairs, training, and other services provided by the Company.

14.5 A quote fee is applicable and payment is required upfront to quote on service and / or workshop repairs. Company to contact Customer with detailed quote before proceed to service or repair of equipment. A loan unit may be provided at the discretion of the Company.

15 REPAIRS

    15.1 All equipment left for repair or warranty work are done so at the owners risk. Company takes no responsibility nor accepts any liability for any damage to or theft, and it is the responsibility of the Customer to ensure that adequate insurance to cover any equipment left at Company’s premises.

15.2 Any repaired equipment that have not been picked up, or paid for after 3 months of the completion of the repairs, will at our sole discretion be sold to recover repair costs.

15.3 Service of equipment refers to minor adjustments, cleaning and lubrication. A service does not in any way warrant the equipment against any immediate or future breakdown.

15.4 Loan equipment, if provided is the responsibility of the Customer. The Customer will be liable for the loss of or damage to equipment. The cost of repairing damaged equipment to their pre-Ioan condition will be charged to the Customer at normal repair rates. The cost of replacing lost equipment will be charged to the Customer at new equipment price, or if the machine is superseded at the new price for a comparative unit of the same brand.

15.5 The Customer authorises any work deemed essential by Company to complete the repairs specified on the service report.

15.6 Any claim for faulty workmanship is to be advised to us in writing no later than 7 days after the machine has been returned to Customer. Any claim made for faulty workmanship is limited solely to the rectification free of cost of the faulty work.

16. HIRE

16.1 A 50% deposit is required at acceptance of order by the Company, and balance due at completion of programming, prior to delivery.

16.2 Customer is required to sign programming keysheet before programming, and is considered final. Alterations will be charged at the applicable rate.

16.3 Goods hired from Company are dispatched to the Customer in correct working condition. Responsibility for insurance and total care of hire goods is the responsibility of the Customer hiring the equipment.

16.4 Any hire goods, either not returned, or not made available for collection, at the conclusion of the hire, shall be compensated back to the Company at full retail value of the equipment not returned within 7 days of the official conclusion of the original hire.

16.5 Any damage sustained upon the goods, during the time that such goods are on hire shall be compensated back to the Company within 7 days of the goods being due back from hire.

16.6 Company reserves the right to test, hire goods upon its return and may take up to 3 days following conclusion of a hire to demand that compensation be paid by the Customer if it find that goods have been returned faulty, due to mistreatment by the Customer; including physical and / or liquid damage.

16.7 Customer ensures that all accessories such as keys, inserts, coin boats, wet covers, printer covers, cheat sheets, manuals, take up spools and original packaging are returned. Failing to do so will result in paying full retail of replacement items.

17. WARRANTIES

17.1 NEW EQUIPMENT

17.1.1 All  new goods supplied by the Company shall be subject to the Manufacturers period of warranty, back to base, during business hours Mon to Fri. Freight costs are for Customer’s account. The Company makes no warranties about any Manufacturer or third party products and the Company shall have no responsibility or liability for the failure or fault in, or to maintain or service, any goods or third party products,

17.1.2 Warranty does not cover defects caused by wear and tear, misuse, abuse, neglect, accidental damage, improper voltage, liquid spillage, pest infestation and third party software/hardware not authorised by Company.

17.1.3 The Customer is responsible to install and maintain the appropriate up to date anti-virus software on any Goods supplied by the Company, and the Company shall not be liable for any loss or damage to the Goods or to the Customer as a result of the Customer’s failure in this regard.

17.2 RECONDITIONED / USED EQUIPMENT

17.2.1 Unless otherwise stated all reconditioned/used goods are warranted for a period of 3 months from the date of purchase.

17.2.2 Warranty does not cover defects caused by normal wear and tear, misuse, abuse, neglect, accidental damage, improper voltage, liquid spillage,

pest infestation, software or any other alterations not authorised by Company.

17.2.3 Company will repair or replace reconditioned/used warranty goods at their discretion.It is at our sole discretion to repair, refund the purchase price or replace any machine that has been returned for warranty work, It is entirely at our sole discretion, whether or not to provide a loan machine to a Customer whilst warranty work is carried out on their machine. Freight costs are for Customer’s account.

17.3 REPAIR WORK

17.3.1 Unless otherwise stated a 30 day labour warranty applies from the date the repaired equipment is repaired. Part(s) warranty is as per the manufacturer’s warranty.

17.3.2 Only the repair work specified on the tax invoice is subject to warranty period. No warranty or guarantee is given whatsoever as to the performance of the repaired equipment.

17.3.3 Warranty does not cover defects caused by normal wear and tear, misuse, abuse, neglect, accidental damage, improper voltage, liquid spillage, pest infestation, software or any other alterations not authorised by Company.

18. LIABILITIES

18.1 The Company is not responsible for any Customer’s financial, or other business data. Ultimate responsibility rests with the Customer to ensure accuracy and correctness of all data collected, stored or exported. It is the Customer’s responsibility to make sure their Systems are fully protected against Malicious Software which includes Viruses, Worms, Spyware, Adware, Trojans and Malware.

18.2 The Customer acknowledges that it has satisfied itself as to the suitability of the Goods for its business, hereby disclaims any right to rescind, or cancel any contract with Company or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Customer by the Company, and the Customer acknowledges that all Goods are bought relying solely on the Customer’s skill and judgement.

19. EXPENSES

19.1 Without prejudice to any other remedy available, the Company shall be entitled to recover from Customer any cost or expenses (including solicitors fees and disbursements) incurred in recovering monies in respect of the goods or any other monies due under the Terms & Conditions hereof.

20. FORCE MAJEURE

20.1 The Company accepts no liability for any failure to perform its obligations in the provision of Goods for any cause beyond its reasonable control, or the control of its suppliers.

21. SEVERABILITY

21.1 The provisions and conditions of this agreement are enforceable independently of all other provisions and conditions and if, at any stage, any part(s) or provision(s) of this agreement is deemed invalid, unlawful or unenforceable such provision(s) shall be severed and the validity of the remaining provisions and conditions shall continue.

22. GOVERNING LAW

22.1 Contract made between Company and Customer shall be constructed in accordance with and governed in all respects by State of Western Australia Law and the Commonwealth of Australia.

23. ENTIRE AGREEMENT

23.1 This Contract constitutes the entire agreement between the parties in respect of the matters dealt with in this Contract and supersedes all prior agreements, understanding and negotiations in respect of the matters dealt with in this Contract.