5th Dimension Pty Ltd as Trustees for
The 5th Dimension Trust trading as
T4 TECHNOLOGY
ABN 69 834 536 126
TERMS AND CONDITIONS OF SALE
1. Definition
"T4" means 5th Dimension Pty Ltd (ACN: 105
867 561) as trustee for The 5th Dimension Trust trading as
T4 Technology (ABN: 69 834 536 126);
"buyer" means the person, firm or company placing an order
with T4 for the supply of goods; and
"goods" means the products the subject of an order placed
by the buyer.
2. Payment
(a) The buyer shall pay for the goods within the time stipulated on
the invoice for the goods or as otherwise agreed in writing by T4.
(b) T4 may, if payment is not made in accordance with
clause 2(a):
(i) permanently withdraw any credit facility, at which time any
outstanding amounts on the buyer's account will be deemed to be
immediately payable; or
(ii) temporarily withdraw any credit facility and place the buyer's
account on stop credit until the arrears are brought within the credit
terms.
(c) Any buyer who specifically negotiated payment terms at variance
with clause 2(a) will in no way be deemed to have varied any other terms
and conditions of this agreement unless those terms and conditions are
also specifically mentioned in the negotiations.
(d) In the event that the buyer fails to pay for goods within the
stipulated time in clause 2(a), they shall pay T4 1.5 per cent
per month interest on the amount due to T4.
3. Retention of Title
(a) T4 retains the legal and equitable title to the goods
until full payment is received from the buyer.
(b) Until T4 receives full payment for the goods, the buyer
shall:
(i) hold the goods as bailee for T4;
(ii) grant T4 the right to enter without notice the buyer's
premises without liability for the trespass or any resulting damage to
retake possession of the goods;
(iii) ensure that the goods are stored so they are clearly
identifiable as the property of T4; and
(iv) not alter or change the goods so as to change their quality or
nature.
(c) Until T4 receives full payment for the goods T4 shall be entitled to repossess the goods if the buyer
commits an act of bankruptcy or is declared bankrupt or becomes
insolvent or enters into an agreement with creditors or if a liquidator
/ receiver and /or manager is appointed to the buyer or any of the
assets of the buyer.
4. Warranties
T4 gives no express warranty made by or on behalf of T4 in relation to the goods or their supply. The Trade
Practices Act 1974 and the Fair Trading Act 1987 may imply certain
conditions and warranties into this agreement for the benefit of the
buyer. To the extent that such conditions and warranties in respect of
the goods may, as between T4 and the buyer, lawfully be
excluded, all such conditions and warranties are expressly excluded.
5. Waiver
If T4 fails or neglects to enforce at any time the
provisions of these terms and conditions, this shall not:
(a) be construed, nor shall it be deemed to be, a waiver of
T4's right;
(b) in any way affect the validity of the whole or any part of this
agreement or prejudice T4's right to take subsequent action.
6. Returns
(a) The buyer must notify T4 in writing of goods they wish
to return within 14 days from the date of the invoice;
(b) T4 will not accept the return of goods which have been
added to, modified, varied or changed by any person or party other than T4;
(c) T4 shall have no liability for any damage or defects in
the products which have been caused subsequent to the purchaser taking
possession of the goods due to improper storage, warehousing or
transport, or by neglect, abuse or improper use, installation,
maintenance or unauthorised repairs to the goods.
7. Severability
In the event that any part of these terms, conditions or provisions
shall be deemed invalid, unlawful or unenforceable to any extent, such
terms, conditions or provisions shall be severed from the remaining
terms and conditions which shall continue to be valid and enforceable to
the fullest extent permitted by law.
8. Law
T4 and the buyer agree that this agreement and its
provisions shall be construed in accordance with the law of the State of
Western Australia and be resolved by a Western Australian court.
9. Copyright, Trade Marks, Patents and Intellectual Property
Rights
(a) The buyer acknowledges any and all of the trade marks, trade
names, patents, copyrights and other intellectual property rights
embodied in or in connection with the products and information,
documentation, parts or software relating to properties supplied by T4.
(b) The buyer shall not, during or after the expiry or termination of
the agreement, without the prior written consent of T4, adopt
any name, trade name, trading style or commercial designation or design
used by T4, reproduce any art appearing on the package of any
goods or copy, sell or hire or offer for sale or hire a copy of the
goods.
(c) The buyer shall indemnify T4 against all liabilities,
costs and expenses which T4 may incur as a result of work done
in accordance with the buyer's specifications or as a result of the
combination or use of the goods with other equipment parts or software
not supplied by T4 involving infringement of any patent,
copyright or other proprietary right.
10. Costs, Expenses & Disbursements
All costs, expenses or disbursements incurred by T4 in the
maintenance of the Purchasers account including debt collection agency
fees and legal costs arising:
As a consequence of the Purchaser's default in observing the terms
and conditions of sale;
As a result of any of the Purchaser's cheques being dishonoured; or
by reason of T4 requiring any further security to be provided;
shall be payable by the Purchaser upon demand.
Web Site
Terms and Conditions
(1) T4 provides this service in good faith, and will not be
liable for any losses attained by individual(s), business(es) or other
entities arising from the use of this website. Individuals, businesses
and entities using this web site do so at their own risk.
Use of this web site refers to information obtained by the user from
the website, advice given to the user electronically, any financial
transaction occurring electronically between the user and T4
(and its employees), over the internet (or arising from the internet),
or any other course of action executed.
T4 or any party involved with creating, designing, updating
or delivering the site will not be held liable for any damages may they
be direct or indirect arising from the use of the site. Your use of this
site is at your own risk The user is defined as any individual,
business, or other entity. The web site refers to any electronic HTML
page accessible under the top domain name of www.t4.com.au.
(2) All material on this website is the property of T4.
Text, pictures, design, photographs, programming code and any other
content available on the website remain the property of T4 and
is copyright.
(3) Technical specifications and price may change at any time without
warning. T4 need not give notice or warning of price or
specification changes. Actual specifications may vary slightly depending
on features, components and availability.
(4) All orders are subject to our terms and conditions which are
available upon request. For all purchases we reserve the right to to
make adjustments to information or pricing due to typographical errors,
market factors or manufacturer price changes, which may occur at any
time without notice.
(5) Technical Definitions:
(a) 4GB or Gigabyte means one billion bytes when referring to hard
drive capacity; actual accessible capacity may be less once the drive is
in use.
(b) MHz or Megahertz only measures microprocessor internal clock
speed, not application performance. Many factors affect application
performance.
(c) For Laptop or Notebook computers which contain a battery, battery life (and recharge
times), results based on BAPCo's (Business Applications Performance
Corporation) SYSmark benchmark test. Battery life will vary based on
many factors including screen brightness, applications, features,
battery conditioning, power management and other customer preferences.
(d) (CD-ROM) Variable read rate. Actual playback speed will vary and
is often less than the maximum possible. (Tape Drives) Data compression
may be software dependent.
11. Linking to the T4 Website
Inclusive of the above website terms and conditions a site that links
to the T4 Web site:
(a) May link to, but not replicate, T4 content.
(b) Should not create a browser or border environment around
T4 content.
(c) Should not imply that T4 is endorsing it or its
products.
(d) Should not misrepresent its relationship with T4.
(e) Should not present false information about T4 products
or services.
(f) Should not use the T4 logo without express prior
written permission from T4.
(g) Should not contain content that could be construed as
distasteful, offensive or controversial, and should contain only content
that is appropriate for all age groups.
12.Competitions Terms and Conditions
Promotions are open to Australian residents over the age of 18.
Employees and the immediate families of T4, the promoter
and it's agencies are ineligible to participate.
Prizes are not transferable nor redeemable for cash.
The Promoter is T4 Pty Ltd, 4/222 Chester Pass Road,
Albany, WA, 6330. ABN 63 834 536 126.
The prizes are subject to availability, and T4 reserves the
right to substitute a similar product of equal or greater value.
Information on 'how to enter' forms part of the terms and conditions
of the specific competition.
Only one person per entry.
Claims are subject to verification by the promoter to promoter's
satisfaction. The promoter's decision on all matters pertaining to this
offer is final and binding.
The promoter shall not be liable for any loss or damage whatsoever
which is suffered (including, without limitation indirect or
consequential loss), or for personal injury suffered or sustained,
except for any liability that cannot be excluded by law.
Offers exclude all other existing offers nationwide.
Information on how to enter and rewards form part of the terms and
conditions of the specific competition.
Unless you object, by entering the promotion you consent to the use
of all information contained within the entry for marketing purposes by T4. Entrants need to specify that they do not wish to receive
further promotional material from T4 by unsubscribing by letter
or email informing T4 that they do not wish to receive
marketing material. Letters can be addressed to: Marketing Department, T4
Technology, PO Box 5039, Albany, WA, 6332 or by email to
unsubscribe@t4.com.au. The promoter's privacy policy may be
viewed at www.t4.com.au/privacy/
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