Each purchase order constitutes the customer’s full acceptance of the following terms of sale (“Terms”), which supersede any other terms and conditions that may be mentioned on the customer’s documents.
These Terms shall also apply to all future contracts between the customer and SwissPlus ID Pty Ltd even if this is not expressly stated in each individual case.
If an individual provision in these Terms is deemed invalid, it shall not affect the validity of any other provision and it shall be replaced by whatever provision most closely reflects the economic intent of that original provision.
2. OFFERS, REQUESTS AND ORDERS
All prices published by SwissPlus ID Pty Ltd are only of an indicative value and SwissPlus ID Pty Ltd reserves the right to change these prices at any time without notice.
Prices are calculated free of taxes and shipping costs. Any offer or quotation made by SwissPlus ID Pty Ltd is non‐binding, and Is only considered as definitive after written confirmation from SwissPlus ID Pty Ltd.
Purchase orders are accepted and confirmed by SwissPlus ID Pty Ltd only after advance payment of the agreed price. After being accepted, no purchase order may be cancelled or modified by the customer unless by written agreement from SwissPlus ID Pty Ltd.
SwissPlus ID Pty Ltd reserves the right to make partial deliveries and corresponding partial invoices for each delivery, of which each invoice is subject independently to the terms of payment stipulated in clause 4.
3. SHIPMENT & DELIVERY TIME
Goods shipped by SwissPlus ID Pty Ltd are shipped at the customer’s expense and risk, unless otherwise clearly stipulated and accepted by SwissPlus ID Pty Ltd at the time of the purchase order.
SwissPlus ID Pty Ltd will insure deliveries against the usual transport risks at the request and the sole expense of the customer.
The customer is responsible for checking the goods upon receipt, and for making a claim against the transportation company if necessary.
Delivery times that are stipulated in SwissPlus ID Pty Ltd offers are an estimate only. Under no circumstances shall a delay of delivery be deemed to justify a penalty, discount, termination or cancellation of any purchase order. SwissPlus ID Pty Ltd will not be liable to the customer for any delay in delivery.
4. TERMS OF PAYMENT
All payments must be made in Australian Dollars to our designated account and free of any transaction charges.
The customer may only set off against SwissPlus ID Pty Ltd claims for remuneration with claims that have been ruled final and absolute by a court of law.
A breach of the above terms of payment will provide the full rights to SwissPlus ID Pty Ltd to suspend or cancel further deliveries or contracts without losing the right to indemnities.
5. TRANSFER OF RISKS AND PROPERTY RIGHTS
After notification by SwissPlus ID Pty Ltd to the customer that the goods are ready to be shipped, all risks will be transferred to the customer.
The transfer of ownership of property will only occur upon full and final payment for the goods and any related collateral costs associated with those goods.
The warranty on new products is for 12 months following delivery.
In the event that the delivered goods are defective, the customer shall duly report this to us in writing within 7 days of receipt of goods.
Any material defect prior to the payment of the invoice cannot in any case be used to cancel the order or to delay any payment.
Under this warranty, SwissPlus ID Pty Ltd will as the customer’s sole and exclusive remedy, exchange or repair for free any part or product returned to its factory and accepted as being deficient by SwissPlus ID Pty Ltd.
Any SwissPlus ID Pty Ltd product supplied to the purchaser’s clients may not be replaced without prior approval of SwissPlus ID Pty Ltd.
The warranty only applies only to deficiencies attributable to SwissPlus ID Pty Ltd but does not include minor deviations from the agreed quality or slight impairment of performance.
The warranty in no way covers, and SwissPlus ID Pty Ltd will not be liable for, any defects attributable to the customer’s use, such as (but not limited to) the following: natural wear and tear, damage due to improper or careless handling or use, improper application, excessive use, excess voltage, improperly performed or unauthorized modifications or maintenance work, or for goods used in a manner that they have not been designed for.
7. LIMITED RESPONSIBILITY
Except for the limited warranty described in the clause 6, SwissPlus ID Pty Ltd expressly excludes all representations or warranties (statutory, express or implied), except any, which may not lawfully be excluded, including (but not limited to) the implied warranties of merchantability and fitness for a particular purpose.
In no event shall SwissPlus ID Pty Ltd be liable under the law of tort, contract or otherwise for any loss or damages, direct or indirect, incidental or consequential, related to these Terms or the use of its products, including (but not limited to) the loss of business profits or loss, loss of time, damage or destruction of data, or any claims from a third party that has used SwissPlus ID Pty Ltd products.
If, notwithstanding the above, SwissPlus ID Pty Ltd is found to be liable for any loss or damage under these Terms, SwissPlus ID Pty Ltd liability arising out of all claims for loss or damages under these Terms will not exceed the total amount paid by the customer for the goods.
The customer will treat all commercial and technical information, including offers, provided by SwissPlus ID Pty Ltd as confidential and keep it secure with the same degree of care and safeguards that it takes with its own confidential information (whether in whole, part of or in modified form), and will not disclose it to any third party without the prior written approval of SwissPlus ID Pty Ltd.
These Terms shall be governed and construed in accordance with the laws in force from time to time in Australia.
All disputes regarding these Terms, if not settled out of court, shall be submitted to the exclusive jurisdiction of the Australian courts.