1. SolutionOne Pty Ltd trading as Edunet Computer Services A.B.N.58 122 335 924 (Edunet) supplies goods or services to the customer on the basis of the following terms and conditions. The customer’s acceptance of these terms and conditions is evidenced by the placement of a purchase order or use of the goods or by the provision of the services. The terms and conditions contained herein constitute the entire agreement between the parties and no amendment or variation shall be of any force and effect unless in writing and signed by both Edunet and the customer.
2. Payment terms are strictly 14 days from the date of invoice for credit approved customers. In all other cases payment must be made in advance.
3. In the event that an invoice remains unpaid by the due date either by the Customer or by a finance provider on behalf of the Customer, the customer agrees to pay an administration fee of 0.05% per day on the overdue amount from the day the amount became due until such time as the outstanding amount is paid in full. The administration fee on outstanding accounts is without prejudice to any other rights of Edunet under this agreement.
4. All risk including any loss or damage to or any deterioration of the goods from whatever cause shall pass to the Customer at the time of delivery.
5. Ownership of goods supplied will not pass to the Customer and will remain with Edunet until such time as the goods and services supplied by Edunet to the Customer and all debts owing by the Customer to Edunet from any other cause, have been paid in full. The Customer irrevocably agrees and undertakes that Edunet (its servants or agents), will have the right forthwith (and without prejudice to any other rights Edunet may have pursuant to these Standard Terms and Conditions of Sale or at law or in equity) without notice or demand to immediately enter upon the Customer's premises and retake possession and remove the product in the possession of the Customer or wheresoever situated
6. A returns policy applies to all goods sold.
7. Edunet will accept order cancelations up until the time that we place orders for the goods or services with our suppliers. After this time, cancelation of an order will be dealt with in accordance with our returns policy. Details of this policy can be viewed online at www.edunet.com.au
8. In the event of the company instructing a collection agent or its solicitors to collect an overdue amount all legal fees and collection charges and tracing agents fees as between solicitor and client shall be borne by the Customer and all payments made shall firstly be allocated towards such fees and charges thereafter to interest and finally to capital.
9. The Customer consents to the jurisdiction of the Laws of Victoria for all actions which may be instituted against it for the recovery of any amounts owing to Edunet.
10. Although all recommendations are made in good faith on the basis of the best information available to Edunet, no responsibility is accepted for such recommendations. The customer must rely on its own enquiries in making any decision affecting its own interest.
11. Edunet does not warrant that goods will be error free, that the use of the goods shall be uninterrupted or that the goods will be fit for any particular purpose. Any liability of Edunet in the case of goods shall be limited to the replacement of the goods or the supply of equivalent goods and in the case of services to the supply of the services again.
12. Except as provided for by statutory warranties Edunet shall not be responsible in tort or in contract for any loss or damage howsoever caused to the property or person of the customer or any third party as a result of any defect in the product and or services whether patent or latent or as a result of any fault, negligence, wrongful act or omission of Edunet or any of its servants, employees, contractors and agents, and the customer indemnifies Edunet against any claims made against it by any third party for losses, costs (including legal costs on an indemnity basis), damages and expenses (whether direct, indirect, incidental or consequential) of any kind arising out of any such defects or fault, negligence, wrongful act or omission.
13. The terms and conditions contained herein constitute the entire Agreement between the parties. No relaxation or induxsence granted by Edunet to the Customer shall be deemed as a waiver of any rights of Edunet in terms of this Agreement and such relaxation or induxsence shall not be deemed a novation of any terms and conditions of this agreement.
14. Nothing in this agreement shall exclude, restrict or modify any condition, warranty or liability which may at any time be implied by the Trade Practices act, the Sale of Goods Act or any other law where to do so would render the any of the above provisions of this agreement void provided that the liability of Edunet is limited as far as possible.