Terms of Sale
These terms of sale (“Terms”) govern each quotation and agreement (“Contract”) formed on acceptance of an order placed by a customer (“Customer”) with Agileware Pty Ltd ABN: 46 100 906 947 (“Agileware”) for the supply of goods and/or services (“Goods”).
By offering to buy any Goods from Agileware or using any website operated by Agileware including agilemail.com.au (collectively “Website”), the Customer accepts and agrees to be bound by these Terms.
Customer must fully assess the suitability of the Goods BEFORE placing an order by utilising the free evaluation available for the Goods. Customer can contact Agileware to request a free evaluation.
All Goods are sold with a 12 month support service provided by the supplier. In the event that there is a fault with the Goods, Customer should first utilise this support service to have the fault resolved before requesting a return from Agileware.
Agileware does not accept return of Goods because you change your mind or make a wrong decision about the Goods.
Agileware reserves the right to assess the eligibility of Goods for return (including the age of the Goods) BEFORE accepting them as returned.
Customer may request a return by contacting Agileware.
By using the Website or offering to buy any Goods from Agileware, the Customer accepts and agrees to be bound by the Returns Policy.
All prices displayed by Agileware are in Australian dollars and include Goods and Services Tax where applicable.
A published saving in respect of Goods is by reference to the lower of the normal ticketed price of those Goods as offered by Agileware immediately before the relevant promotion.
Images of Goods are illustrative only and may vary from the goods described or offered for sale.
Images of Goods shown without any advertised price alongside the image are not offered for sale by Agileware.
Agileware reserves the right to correct any error or omission in any publication or promotion of Goods including on the Website.
Advertised prices displayed by Agileware for Goods, including on the Website, are subject to change without notice. The price of an item once ordered is fixed once the order is accepted by Agileware. Subsequent price changes (either up or down) will not apply to accepted orders.
All pricing displayed on the Website is for online purchases only.
Payment And Interest
All payments for Goods and delivery must be made in full prior to delivery.
Overdue amounts owing to Agileware will be subject to interest calculated at the rate of ten per cent (10%) per annum.
In the event that the Customer fails to pay for Goods in accordance with these Terms, the Customer must, if requested, return the Goods to Agileware at the Customer’s cost.
Proof Of Transaction
Agileware will provide the Customer with a “proof of transaction” and if requested, an itemised bill in accordance with the Australian Consumer Law made under the Competition and Consumer Act 2010 (Cth) (“Act”).
Website Verification Procedures
When a Customer places an order and pays by either credit card or PayPal an email may be sent to the Customer from the processing team requesting further information, such as a copy of the credit card and drivers licence for identification. After verification, this information will be destroyed. If the Customer does not provide the requested information within 7 days, the order may be cancelled and the payment refunded by the same method of payment. Information requests are made to help reduce the incidence of fraud.
Subject to the rights of a “consumer” under the Act, title to Goods will remain with Agileware and not pass to the Customer until the Customer has paid all amounts owing to Agileware by the Customer on any account.
If the Customer sells Goods contrary to Agileware’s title, the Customer agrees to hold the proceeds of sale as trustee for Agileware. Agileware will be entitled to recover all proceeds held on trust and the Customer agrees to bear the costs of such recovery action.
The risk of loss or damage to the Goods will pass to the Customer on delivery.
Warranties, Conditions And Guarantees
These Terms set out the full extent of Agileware’s liability in respect of the supply of Goods and there is no warranty, condition, guarantee or other term binding on Agileware except as expressly stated in these Terms or the Contract. Any warranty, guarantee, condition or other term concerning the supply of Goods implied by law or otherwise is expressly excluded to the extent permitted by law.
Nothing in these Terms will be construed to exclude, restrict or modify any non-excludable condition, warranty, guarantee, right or liability applicable to the Contract by law, including under the Act, where to do so would be illegal or render any provision of the Contract or these Terms void or unenforceable.
Agileware will not be liable under the Contract to the Customer for any loss of income, profit, opportunity or data or any indirect, consequential, punitive or exemplary loss or damage in respect of the supply of the Goods or otherwise.
The Customer and Agileware agree that Agileware’s maximum aggregate liability to the Customer will not exceed the amount paid by the Customer to Agileware for the Goods.
Authorised Sales Agent
Agileware acts as an authorised sales agent for the Goods listed on the website.
Agileware may cancel or suspend any sale or delivery of Goods (“Transaction”) in the event of any unforeseen occurrence, delay or non-performance which, in Agileware’s opinion, renders the Transaction impractical or uneconomic. Such events include things related directly or indirectly to Australian currency exchange rates, war, terrorism, strike, lockout, delay or default of a manufacturer or supplier, act of God, an electronic attack on electronic systems, failure or interruption of any electronic system or essential service, such as electricity supply, internet, communications and payment systems and any other cause beyond Agileware’s control.
Goods And Services Tax
In these Terms, “GST”, “supply”, “taxable supply” and “tax invoice” have the meaning given to such terms in A New Tax System (Goods and Services) Tax Act 1999 (Cth) and “GST” also includes any penalties or additional tax imposed in relation to the GST payable on the supply of Goods. Any amount payable under these Terms is inclusive of GST if there is a taxable supply.
If the amount of GST applicable to a sale made to the Customer differs from the amount of GST the Customer has paid for the Goods, then the amount of GST payable by the Customer will be adjusted either by further payment by the Customer or repayment by Agileware to the Customer of the amount of the adjustment as the case may be.
The Contract incorporating these Terms constitutes the entire agreement between Agileware and the Customer in respect of the supply of the Goods and supersedes all prior agreements and understandings between the parties in connection with that supply.
If a court determines that a word, phrase, sentence, paragraph or clause of this deed is unenforceable, illegal or void, it is severed and the other provisions of this deed remain operative.
The Contract and these Terms cannot be varied without Agileware’s written consent.
The Contract will be governed by the laws of Australian Capital Territory and Agileware and the Customer submit to the non-exclusive jurisdiction of the courts of that Territory.
Agileware Pty Ltd, ABN: 46 100 906 947