Terms & Conditions

SDM GROUP PTY LTD

TERMS AND CONDITIONS

ABN 54 121 107 999

 Application of Terms

These terms govern the supply of goods and services by SDM Group Pty Ltd to the customer. They supersede all prior representations and agreements and override any inconsistent terms, unless agreed to in writing by SDM Group Pty Ltd.

 Orders

The customer must place all orders to SDM Group Pty Ltd in writing specifying order number, date of order, goods required, requested delivery date, quotation reference number, place of delivery and full name and title of person placing the order.

SDM Group Pty Ltd may refuse to accept an order. If an order has not been previously accepted, supply of goods or services ordered will constitute acceptance.

 Delivery and Transportation

 SDM Group Pty Ltd will use its best efforts to supply goods or services by dates identified in accepted orders but does not represent or warrant that it will do so.

SDM Group Pty Ltd will arrange transportation of goods to the customer at the customers cost. SDM Group Pty Ltd may allow a customer to arrange transportation, at SDM Group Pty Ltd s discretion.

Returns

      Except in special circumstances, SDM Group Pty Ltd will not accept returns.

 Price

       SDM Group Pty Ltd will invoice the customer at Broadway Internet Service’s current price unless a different price has been confirmed on acceptance of order.

 SDM Group Pty Ltd may change its prices without notice, at any time.

Payment

            Where the customer does not have an approved credit account with SDM Group Pty Ltd, the customer will pay the amount invoiced, in advance of or on delivery.

            Where the customer has an approved credit account with SDM Group Pty Ltd, the customer will pay the amount invoiced, no later than 30 days from the end of the month in which the goods or serviced were delivered.

            The customer will pay by the due date any such State and/or Federal Goods and Services Taxes (GST), consumption or similar tax, duty or fee applicable to the purchase of the goods and/or services.

            The customer must pay interest on overdue amounts calculated daily at an annual rate of 12% per annum plus any costs expended in collecting any outstanding money.

Risk and Title

             Risk in goods passes to the customer on delivery.

             Title in goods passes to the customer on payment if full for goods. Until full payment, the customer holds the goods as a balle for SDM Group Pty Ltd. The customer owes fiduciary obligations to SDM Group Pty Ltd in respect of goods until full payment is received. At any time before full payment is received, SDM Group Pty Ltd may enter the premises of the customer and take possession of goods. The customer must pay to SDM Group Pty Ltd the proceeds of sale of any goods for which SDM Group Pty Ltd has not received payment, and the customer holds those proceeds on trust for SDM Group Pty Ltd until paid to SDM Group Pty Ltd.

Intellectual Property

            SDM Group Pty Ltd will own any copyright, designs, inventions, drawings and data resulting from goods or services supplied to the customer, and the customer must co-operate in taking any step necessary to ensure that SDM Group Pty Ltd has ownership.

            The customer indemnifies SDM Group Pty Ltd against any claim for infringement of patent, design, copyright, trademark or other rights where the claim results from information supplied by the customer or as a result of SDM Group Pty Ltd complying with requirements of the customer.  

Confidentiality

Except as required by law, the customer must keep confidential any confidential information provided to the customer as a result of the supply of goods or services by SDM Group Pty Ltd and must not use any such confidential information except for the purposes for which it was imparted.

Warranty and Liability

SDM Group Pty Ltd warrants that, for 12 months from date of supply, goods will be free from manufacturing defects.

SDM Group Pty Ltd’s liability for breach of warranty is limited to, at SDM Group Pty Ltd's option, the repair or replacement of goods.

The customer must return to SDM Group Pty Ltd goods in relation to which the customer makes a warrant claim.

SDM Group Pty Ltd does not exclude, restrict or modify any condition, warranty or right of the customer which, under the Trade Practices Act or other relevant legislation, may not be excluded, restricted or modified but SDM Group Pty Ltd does, subject to the warranty stated above, exclude all other conditions and warranties implied by custom, the general law or statute and is not liable for any damage of any kind including consequential damage suffered by the customer arising in any way out of the supply, delay in supplying or failure to supply, or the suspension or cessation of supply, of goods or services, except for damage suffered by the customer as a direct result of SDM Group Pty Ltd’s breach of these terms and conditions but SDM Group Pty Ltd’s liability for damages for such breach is limited to the amount paid or payable by the customer to SDM Group Pty Ltd for goods or services in respect of which the breach occurred

22.       Except where SDM Group Pty Ltd supplies goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, SDM Group Pty Ltd’s liability under any non-excludable implied condition or warranty (except a non-excludable condition or warranty implied by section 69 of the trade practices Act or any similar legislation) is limited to;

(i)         In the case of goods, the cost of replacing the goods, and

(ii)        In the case of services, the cost of supplying the service again.