Terms and Conditions of Sale
The following terms are applicable to every transaction made with All Barcodes Australia.
Orders: Orders are not binding upon All Barcodes Australia until accepted by All Barcodes Australia.
Shortages: All claims for shortages must be made by the Purchaser in writing within a period of 2 days from receipt of product. Unless such notice is given within the stated period of time, the Purchaser accepts the invoice to be correct.
Delivery / Risk of Loss: The product is at the Purchaser’s risk upon delivery to the delivery address, or upon acceptance by a person nominated by the Purchaser, or by a Courier or common carrier nominated by the Purchaser.
Title. The Purchaser agrees that the All Barcodes Australia retains title of all product ordered by the Purchaser, until the purchase price and any other charges due to All Barcodes Australia have been paid in full. The Purchaser agrees to execute any financing statement or other documents that the Vendor reasonably requests in order to protect the Vendor’s interest.
Payment. Unless otherwise agreed in writing by the Vendor, all credit purchases must be paid in accordance with the Vendor’s normal terms of sale which are stated on the invoice. All past due amounts are subject to a 2% monthly financing charge or the maximum permissible under applicable law. Cheques that have been dishonoured are subject to the bank dishonour fee. In the event that the Purchaser utilizes a credit card to purchase product, the Purchaser agrees to not unnecessarily dispute such charges and further agrees to use best efforts to resolve any good faith dispute.
Returns: The terms for product return are limited to those set forth in the Vendor return policies and procedures set forth on the All Barcodes Australia website.
Warranties: The Purchaser accepts that All Barcodes Australia is not the manufacturer of the products purchased by the Purchaser and the warranties offered are those of the manufacturer, not All Barcodes Australia. In purchasing the product, the Purchaser is relying on the manufacturer’s specifications only and is not relying on any statements, specifications, or photographs representing the products that may be provided by All Barcodes Australia. All Barcodes Australia and its affiliates hereby expressly disclaim all warranties express or implied, related to products sold by third parties or affiliates of All Barcodes Australia, including, without limitation, any warranty of merchantability or fitness for a particular purpose, or warranty of non-infringement. This disclaimer does not affect the terms of any manufacturer’s warranty.
Events of Default: The Purchaser shall be in default under this agreement upon the happening of any following events or conditions: (a) Default by the Purchaser on payment of any instalment, invoice, bill or any other indebtedness or obligation now or hereafter owned by the Purchaser to the Vendor under this agreement; (b) Default in the performance of any obligation, covenant or liability contained in this agreement or any other agreement or document with the Vendor; (c) Any inaccuracy warranty, representation or statement made or furnished by the Purchaser, and (d) Dissolution, termination of existence, discontinuance of the Purchaser’s business, insolvency, business failure, or appointment of a receiver of any part of the property of, or assignment for the benefit of creditors by the Purchaser or the commencement of any proceedings under any bankruptcy reorganisation or arrangement laws by or against the Purchaser or the attachment, levy, seizure or garnishment of any of the Purchaser’s property, rights, assets (contingent or otherwise) or the product.
Remedies of the Vendor: In General. Upon the occurrence of any event of default or at any time thereafter, the Vendor may, at its option and without further notice, exercise one or more of the following remedies as the Vendor in its sole discretion shall elect: (1) Demand or, without demand, sue for amounts then due or thereafter accruing under any invoice, bill or other documentation evidencing indebtedness: (2) Suspend deliveries as to any or all product: (3) Take possession of the product whenever found and for this purpose enter upon any premises of the Purchaser and remove the product, without court order or other process of law, without any liability for damages, suit, action or other proceedings by the Purchaser for such entry and/or removal: (4) Cause the Purchaser, at its expense, to promptly return the product to the Vendor in good, as-new condition: (5) Sell the goods, or any part thereof at public or private sale (for cash or credit) at such time or times as the Vendor shall determine, free and clear of any rights of the Purchaser, and if notice thereof is required by law, any notice in writing of any such sale by the Vendor to the Purchaser not less than ten days prior to the date thereof shall constitute reasonable notice thereof to the Purchaser: (6) The Vendor will still hold the Purchaser liable for any shortfall between such a selling price & the debt still owed by the Purchaser: (7) Exercise any rights accruing to the Vendor under any applicable contract or law upon a default by the Purchaser. Mitigation of Damages. Should the Vendor repossess any of the product because of a default by the Purchaser, the Vendor may make a commercially reasonable effort to sell product at a reasonable price to a third party, provided, however, that the Vendor shall have no obligation to actively seek out and solicit potential the Vendors and Purchasers for said goods. Collection Costs. In the event of any default on the part of the Purchaser hereunder, the Purchaser shall pay any and all collection costs, including but not limited to reasonable debt collector’s fees, legal representatives, attorney’s fees, court costs etc. incurred by the Vendor. Rights and Remedies Not Exclusive. No right or remedy conferred upon or reserved to the Vendor by this agreement shall be exclusive of any other right or remedy herein or by contract or law provided, all rights or remedies conferred upon the Vendor by this agreement and by law shall be cumulative and in addition to every other right or remedy available to the Vendor. Time of the Essence. Time is of the essence of this agreement. Indemnification. The Purchaser agrees to and shall indemnify, defend and hold harmless the Vendor, its employees and agents for and against all claims, lawsuits and losses from any third party using the product provides under this agreement. Any defence provided hereunder shall be by counsel of the Vendor’s choice.
Limitation of Liability. In the event that a products’ malfunction leads to damage or injuries to the product, to the Purchaser’s business, the end-user’s business, to other equipment, or residence, or to employees or to other persons, the Vendor shall not be liable for such damages or injuries. The Purchaser understands and agrees that if the Vendor shall be found liable for loss or damage due from failure of the Vendor to perform any of the Vendor’s obligations hereunder or the failure of the product in any respect whatsoever, the Vendor liability shall be limited to $250.00 and this liability shall be exclusive, and that the provisions or this section shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to person or property, from performance or non-performance of the Vendor obligation, breach of express or implied warranty, or from negligence, active or otherwise, The Vendor, its agents, servants assignees or employees. In no event shall the Vendor be responsible for any other damages, including special or consequential damages.
Assignment. This agreement and all rights, obligations and performance hereunder may not be assigned without prior written consent of the Vendor.
Waiver. No failure on the part of the Vendor to exercise, and no delay in exercising any right hereunder, will operate as a waiver thereof, nor will any single or partial exercise of any right hereunder by the Vendor preclude any further exercise of any other right.
Severability. If any section, term, condition or portion thereof shall be found to be illegal or void as being against public policy, it shall be stricken and the remainder of this document shall stand as the original.
Governing Law / Venue. This agreement shall be construed and enforced in accordance with the laws of Queensland & Australia. All claims, actions, disputes, controversies or suits shall be litigated exclusively in the courts of Queensland & Australia.
Entire Agreement / Modification. The parties intend this agreement to be a complete statement of the terms of their agreement and replaces and supersedes any prior agreements between them with respect to the subject matter hereof. No course of prior dealings or usage of trade shall be relevant to amend or interpret this agreement. This agreement may not be changed, modified or amended except by an instrument in writing signed by the Vendor and the Purchaser.
Terms & Conditions of use of this Internet Site
Please read these terms and conditions carefully. By using this site, you agree to the terms and conditions contained herein and that you have the legal authority to accept these terms and conditions. If you do not agree with the terms and conditions, you should not use our site. Furthermore, we reserve the right to change the terms and conditions of use at any time, without prior notice. If you are using this site after we post a change, you accept that change. You should check these terms and conditions periodically.
We have made reasonable efforts to present the content on the website accurately, but additions, modifications, and changes may occur. Content on this website is provided “as is”. Neither All Barcodes Australia nor its representatives make any representation or warranty with respect to its content.
Prices and availability are subject to change without notice. This copyright notice applies to all proprietary pages, images, text, programs, and other material available throughout this Internet site (collectively, this “Publication”).
This publication is provided “as is” without warranties of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Unless otherwise noted, product names, designs, logos, titles, words or phrases within this Publication are the trademarks, service marks, trade names or other property of their respective owners.
This Internet site may be used for information purposes only. Descriptions of, or references to, products or publications not owned by All Barcodes Australia or its affiliates do not imply endorsement of that product of publication. All Barcodes Australia makes no warranties of any kind with respect to such products or publications or the completeness or accuracy of such information. Changes periodically are made to the information contained in this Internet site. All Barcodes Australia assumes no responsibility for and disclaims all liability for any errors or omissions in this Publication or in related publications which may be discovered through this Internet site. This Internet site is available internationally and may contain references to products or services not available in all countries. Reference to a particular product or service does not imply that All Barcodes Australia intends to make such products or services available in such countries. This Internet site shall be governed by the laws of Queensland and Australia.
Links to Third Party Web Sites
All Barcodes Australia does not review or control third party websites that link to or from our website, is not responsible for their content, and does not represent that their content is accurate or appropriate. All Barcodes Australia makes no representations or warranties with respect to any linked site. Use of any linked site is solely at your own risk.
Limitation of Liability
In no event shall All Barcodes Australia or any of its affiliate, or the officers, directors, employees, members, or agents of each of them, be liable for any damages of any kind, including without limitation any special, incidental, indirect, or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the use of performance of this Internet site.
a) Collection of Information
We will collect information in a lawful and fair way at all times and advise you where and how to contact us. We will advise you why the information is being collected. If the information is collected from a third party, we will take reasonable steps to advise you that the information has been collected.
b) Use and Disclosure of Information
Any information will be disclosed only in accordance with the Act. Therefore we will only disclose information if:
We are required by law to do so, or,
It is otherwise permitted under the Act. All Barcodes Australia may also use collected information to promote and market goods and/or services that we consider may be of interest or benefit to you. If you do not wish us to contact you regarding other services or promotions, please advise us in writing via post or email to the addresses provided at the end of this document. Any email material sent to you will provide you with the option to unsubscribe immediately.
c) Data Quality of Information
We will take reasonable steps to make sure that the information we collect, use or disclose is accurate, complete and up-to-date. Naturally the accuracy of any such information is largely dependent on details provided by the client. All Barcodes Australia recommends that any person/s or organisations that have information held by our company:
Inform us of any known errors in the information kept
Keep us up-to-date with any changes. Should you need to advise us of any errors or changes to your information, please advise us in writing via post or email to the addresses provided at the end of this document.
d) Data Security of Information
e) Openness of Information
This policy is available upon request and may be subject to change according to the Act. For information on the Act, please refer to HYPERLINK https://www.comlaw.gov.au/
f) Accessing Information
Individuals and corporations have a right to access their own information held by All Barcodes Australia, subject to some exceptions under the Act. For security reasons, any person/s wishing to access their information may be asked to put this request to All Barcodes Australia in writing, and may be also be subject to further security checks should All Barcodes Australia deem it appropriate.
We will not collect sensitive information about an individual unless:
the individual has consented
the collection is required by law or
it is otherwise permitted under the Act.
via the company details page shown on the website http://www.allbarcodesaust.com.au/contact/
via email at [email protected]
via mail at PO Box 1503 Buderim Qld 4556
by phone on 07 5492 2219