Terms & Conditions

1.	DEFINITIONS
1.1	In these Terms:

ACL means the Australian Consumer Law Schedule to the Competition and Consumer Act 2010 (Cth) and its associated regulations as amended;
Agreement means any agreement for the supply of Goods by Verbatim
Compliance Document means a Supplier Declaration of Conformity or SDoC as required for the sale of certain electrical products in accordance with the relevant legislation and regulations. 
Consumer is as defined in the ACL and in determining if the Customer is a consumer, the determination is made if the Customer is a consumer under the Agreement;
Customer means the person, jointly or severally if more than one, acquiring Goods or Service from Verbatim;
Delivery means the delivery of the Goods in accordance with these Terms or the Agreement.  
Goods means any goods supplied by Verbatim to the Customer;
GST means any goods and services or value added tax, including GST, within the meaning of A New Tax System (Goods and Services Tax) Act 1999 and its associated regulations as amended;
Intellectual Property means all copyright, patents, trademarks, names, formulae, specifications, confidential information and all modifications, improvements and enhancements (whether registrable or not) owned or by or licensed to Verbatim in respect of the Goods.
Offer means a written order or a document that may be or construed as a purchase order, from the Customer to Verbatim in relation to a Quote. 
PPSA means the Personal Property Securities Act 2009 (Cth) and its associated Regulations as amended;
Price means the price for Goods stated in Verbatim’s tender, quote, price schedule or letter attached to these terms or provided to the Customer, and is subject to clause 4; 
Quote or Quotation means formal written quotation or tender for the supply of Goods or an order form or price list provided to a Customer;
Privacy Act means the Privacy Act 1988 (Cth);
Project means a long-term construction or building project for the Goods are ordered by Verbatim months ahead of delivery requirements of the Customer.
Terms means these Terms and Conditions of Sale as varied or amended from time to time;
Verbatim means Verbatim Australia Pty Ltd ACN 005 706 374 of Unit 6/450 Princes Hwy Noble Park, Victoria 3174 and includes its contractors, successors and assigns; and 
Website means any webpage conducted by Verbatim from time to time.  

2.	BASIS OF AGREEMENT 
2.1	The Customer acknowledges and agrees that these Terms must be read in conjunction with the Terms and Conditions found on our Website from time to time and apply exclusively to every Agreement and cannot be varied or replaced by any other terms, including the Customer’s terms and conditions of purchase (if any). 
2.2	Any Quote provided by APautomation to the Customer for the proposed supply of Goods is:
(a)	only an invitation to treat;
(b)	valid for 30 days unless otherwise agreed in writing; and 
(c)	only valid if in writing. 
2.3	The Quote may include additional terms in accordance with APautomation’s Quote, with such terms taking precedence over these Terms to the extent that they are inconsistent with these Terms. 
2.4	An Offer is accepted by APautomation when APautomation accepts, in writing or by electronic means, an offer from the Customer or provides the Customer with the Goods. 
2.5	APautomation has absolute discretion to refuse or accept any Offer. 
2.6	APautomation may vary or amend these Terms by written notice to the Customer at any time.  Any variations or amendments will be shown our website at www.verbatim.com.au/termsandconditions and will apply to orders placed after the notice date.

3.	PAYMENT
3.1	Unless otherwise agreed by APautomation in writing, payment of the Price must be made in full on delivery of the Goods.
3.2	Payment by cheque or electronic funds transfer is not deemed to have been made until the full Price has been received, as cleared funds, in APautomation’s bank account. 
3.3	If credit is agreed in writing by APautomation, payment must be made within 30 days of the date of statement of current invoice.

4.	PRICING
4.1	Unless otherwise stated, prices for the supply of Goods includes GST and any other duties, taxes or imposts imposed in relation to the Goods in Australia.
4.2	Unless otherwise agreed by APautomation in writing, the Goods are CIF the Customer’s location in and Australian capital city otherwise the Customer may be required to Customer must pay costs associated with the Delivery from of the Goods from APautomation’s nominated collection point.
4.3	If the Customer requests a variation to the Goods or where there is otherwise any change in the costs incurred by APautomation in relation to the Goods, APautomation may vary the Price to take into account any such change, by notifying the Customer.
4.4	Any Prices (including recommended retail prices) listed on the Website or contained in any APautomation price list or any other document are Quotation only, and are not binding on APautomation.
4.5	Any Goods that APautomation may be required to order from overseas suppliers as a result of the Customer making an Offer will be subject to currency exchange exposure risk or fluctuations in material costs or freight costs, and the Customer agrees that APautomation may alter the Price if necessary.

5.	PAYMENT DEFAULT
5.1	If the Customer defaults in payment by the due date of any amount payable to APautomation, then all money which would become payable by the Customer to APautomation at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer, and APAutomation may, without prejudice to any of its other accrued or contingent rights:
(a)	charge the Customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic.) plus 2% per annum for the period commencing on  the due date and continuing until the date that of payment in full is received by APautomation;
(b)	charge the Customer for, and the Customer must indemnify and hold APautomation harmless against, all costs and expenses (including without limitation, all bank charges and legal costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Agreement or to recover any Goods;
(c)	cease or suspend supply of any further Goods to the Customer;
(d)	by written notice to the Customer, terminate any uncompleted Agreement with the Customer; and 
(e)	retain any part payment of the Price or deposit paid by the Customer and apply it against any costs and expenses incurred by APautomation as a result of the default.


6.	WARRANTY AND LIABILITY

6.1	Except as otherwise required by law or as specifically stated in these Terms or any express warranty provided in relation to the Goods, the Agreement does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods or any contractual remedy for their failure.
6.2	If the Customer is a Consumer nothing in these Terms restricts, limits or modifies the Customer's rights or remedies against APautomation for failure of a statutory guarantee under the ACL.
6.3	To the extent permitted by law, any warranty provided by APautomation in relation to the Goods will not apply where the Goods have been subject to an accident, negligent use, tampering, improper handling, use, operations or storage or due to any other causes outside of Verbatim’s reasonable control. 
6.4	If the Customer on-supplies the Goods to a Consumer, and:
(a)	the Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A(1) of the ACL is the absolute limit of Verbatim's liability to the Customer;
(b)	the Goods are of a kind ordinarily acquired for personal, domestic or household use or consumption, payment of any amount required under section 274 of the ACL is the absolute limit of Verbatim's liability to the Customer;
howsoever arising under or in connection with the sale, installation, use of, storage or any other dealings with the Goods by the Customer or any third party.
6.5	If clauses 11.2 and 11.4 do not apply, then other than as stated in these Terms or any written warranty statement Verbatim is not liable to the Customer in any way arising under or in connection with the sale, installation, use of, storage or any other dealings with the Goods by the Customer or any third party.
6.6	Except as otherwise required by law, Verbatim; s maximum liability to the Customer is the refund of the Price of the Goods or the replacement of the Goods, at Verbatim’s sole discretion. 
6.7	Verbatim is not liable for any indirect or consequential losses, damage or expense suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, business or goodwill or any other party except to the extent of any liability imposed by the ACL.
6.8	The Customer acknowledges that:
(a)	 	it has not relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance provided by Verbatim in relation to the Goods or their use or application; and 
(b)	it has not made known, either expressly or by implication, to Verbatim any purpose for which it requires the Goods and it has the sole responsibility of satisfying itself that the Goods are suitable for the use of the Customer.
6.9	Nothing in these Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of Goods which cannot be excluded, restricted or modified.

7.	RETURNS AND EXCHANGES

7.3	Except as otherwise required by law, APautomation will not under any circumstances accept Goods for return that:
(a)	have been specifically produced, imported or acquired to satisfy these Terms;
(b)	are discontinued or no longer stocked by Verbatim;
(c)	have been altered in any way;
(d)	have been used or stored improperly; or
(e)	are not in their original condition and packaging (if applicable).
7.4	The Customer must pay any postage, delivery or freight changes associated with the return of Goods.


8.	CANCELLATION AND VARIATION
8.1	If Verbatim is unable deliver or supply the Goods, then it may cancel the any Agreement or the order for Goods by notice in writing to the Customer, without liability. 
8.2	No purported cancellation or suspension of an Agreement or order for the Goods by the Customer is binding on APautomation after that order has been accepted by APautomation.
8.3	In the event that APautomation accepts the Customer’s request to cancel the supply of the Goods, the Customer will be liable to Apautomation for the costs of the Goods to that extent that they have been provided. 

9.	FORCE MAJEURE
9.1	APautomation is not liable in any way howsoever arising under these Terms or any Agreement to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts or threats of terrorism or war. If an event of force majeure occurs, APautomation may suspend or terminate these Terms or any Agreement by written notice to the Customer.

10.	PRIVACY 
10.1	Details on how APautomation collects personal information can be found on our website.