This document details the trading terms and conditions as applied to customer orders by ZCM Services. I apologise for the length and complexity, but as you can understand, it is in both yours (as the customer) and my interest that the wording be definitive and free from ambiguity. Please read this document fully and ensure you understand it's contents. If you have any doubts or questions, feel free to contact ZCM Services for clarification.
Trading Terms and Conditions.
Created: August 17, 2015.
- Binding Nature of Terms and Conditions. This is a legally binding agreement between yourself (the customer) and ZCM Services. Both the customer and ZCM Services are subject to the terms and conditions as set out in this document. Unless acknowledged in writing by ZCM Services, the provisions of a customer's order shall not modify, defeat or override the terms and conditions contained within this document.
- Precedence. This agreement supersedes any arrangements, understandings or provisions, whether verbal or in writing, which may have previously existed between ZCM Services and the customer.
- Customer Acceptance of Terms and Conditions. By placing an order for goods or services with ZCM Services the customer acknowledges that they have read, understood, and are bound by the terms and conditions set out in this agreement.
- Bounds of Business. ZCM Services will only transact business and accept orders from customers within the Commonwealth of Australia and it's territories.
- Order Reception. An order is deemed to have been received when instructions for the purchase of goods or services are received by ZCM Services either in writing, verbally, or via the Internet 'e-mail' system. Written confirmation of order reception will be supplied upon request.
- Order Deposits. The acceptance of an order by ZCM Services with a total value in excess of one thousand (1000) dollars is conditional upon payment of a minimum deposit of ten (10) percent of the order total value.
- Currency Used. All prices are quoted in Australian Dollars (AUD).
- Payment Methods. Goods and services may be payed for in cash, by personal cheque, business cheque, bank cheque or direct bank deposit. Please contact ZCM Services for bank account details. NO credit card facilities are available.
- Goods and Services Tax. All quotations and sales include G.S.T. at the applicable rate. (currently 10%)
- Tax Invoices. All purchases from ZCM Services shall be evidenced by a 'Tax Invoice' in the form prescribed by the Australian Taxation Office. Customers who are registered for G.S.T. with the Australian Taxation Office may claim an input tax credit on their next quarterly or monthly statement for G.S.T. paid on purchases from ZCM Services.
- Cheque Dishonour Fees. ZCM Services will not be responsible for any 'Dishonoured' or 'Present Again' cheques received from the customer in payment for goods or services. ZCM Services will pass on to the customer all bank fees and charges incurred in such circumstances, and shall demand immediate payment of said fees and charges in full.
- Payment Completion. Payment is considered to have been accomplished upon the clearance of personal or business cheques, the receipt of cash or a bank cheque, or the acknowledgment by the relevant financial institutions of a successful direct bank deposit.
- Payment on Invoice. By prior arrangement, suitably qualified customers may be granted credit. For such credit customers, full payment to the value stated on the invoice accompanying goods purchased shall be made within twenty - eight (28) calendar days. At the discretion of ZCM Services, a surcharge as determined from time to time by ZCM Services, but not exceeding three (3) percent of the total order value, or ten (10) dollars, whichever is the greater, may be payable for this service, and shall be added to the invoice total amount.
- Overdue Payments. If payment in full is not received by ZCM Services by the due date, the entire value of the invoice will be treated as overdue, and all further transactions with the customer will be frozen until such time as payment on the overdue amount, including any accumulated interest charges, is received in full.
- Overdue Payment Charges. All overdue payments will attract an interest charge at the rate of zero point one (0.1) percent per day of the total invoice amount, calculated from the invoice date to the date of payment inclusive.
- Disputes. Where any part of an invoice is in dispute, the balance not in dispute must be paid in accordance with these terms and conditions. Any disputed amount must be documented by the customer in writing, within ten (10) working days of the invoice date. ZCM Services shall acknowledge receipt of the customer dispute, and shall provide a statement of position in writing. All reasonable efforts shall be made to settle the dispute to the satisfaction of both parties. In the event that a satisfactory resolution cannot be achieved, ZCM Services reserves the right to take whatever legal or recovery action it deems necessary.
- Title of Goods. Not withstanding that goods have been delivered to a customer, ZCM Services shall retain whole title to said goods, until payment is completed as defined by clause 12 of these terms and conditions.
- Discounts. In some instances, discounts in the purchase price of products can be effected for payment in full when placing an order. Volume purchases, in some instances, may also attract a discount. Contact ZCM Services for specific details and a quotation.
- Cancellation of Orders. If an order for purchase of goods or services is cancelled by the customer, a cancellation fee as determined by ZCM Services from time to time, but not exceeding twenty (20) percent of the order total value, may be imposed. If an order deposit has been paid, the cancellation fee will be reduced by the order deposit amount. If the order deposit is insufficient to satisfy the cancellation fee, additional demand for payment shall be made by ZCM Services. Any residual from an order deposit not required to satisfy a cancellation fee shall be refunded to the customer.
- Refunds or Exchanges. Please make your selections carefully. Refunds or exchange of goods will only be permitted as detailed in the warranty conditions below.
- Catalogue Prices. The purchase prices of goods and services quoted in this on - line catalogue are approximations only, and are in no way binding on ZCM Services. A firm quotation of price can be obtained in writing at the customer's request.
- Quotations. Prices quoted by ZCM Services in writing, at the specific request of a customer, are firm and binding on ZCM Services for a period of fourteen (14) calendar days from the date of issue, unless a differing time frame is specified on the quotation.
- Delivery. Unless otherwise specifically noted, prices quoted include dispatch of goods from the manufacturer to the premises of ZCM Services. The customer, at their own expense shall arrange for collection of products purchased from ZCM Services. Several inexpensive delivery options are available. Contact ZCM Services for details.
- Passing of Risk. The customer shall be liable for loss or damage to the goods from the time when they are placed in the vehicle which is to effect delivery from ZCM Services to the customer. The selection and arrangement of freight insurance for purchased goods, if desired, is the responsibility of the customer.
- Delivery Delays. Goods purchased from ZCM Services shall under normal circumstances be available for delivery within five (5) working days from receipt of an order. If delays in delivery are expected, the customer shall be advised.
- Force Majeure. ZCM Services shall not be in default under these terms and conditions, nor be liable for failure to observe or perform in accordance with any provision of this agreement, if for any reason or cause it is hindered or prevented, owing to any cause which could not with reasonable diligence be controlled or prevented. This includes inability to procure services, materials or products.
- Warranty Administration. Periods of warranty are provided for each product offered for sale. Any warranty claim must be made immediately the defect becomes apparent, and must be made within the warranty period to be valid. Please ensure you retain your receipt as proof of purchase date and product serial number if applicable. Warranty of goods is provided and administered by the manufacturer(s) and / or local (Australian) distributor(s). ZCM Services (as the retailer) merely acts as clearing house for such warranty action as may be deemed necessary. ZCM Services does not accept any liability if a manufacturer or distributor fails to honour their warranty agreement.
- Warranty Duration. Unless otherwise specified;
- Software is warranted for media defects only for ninety (90) days from date of sale from ZCM Services.
- Hardware, unless otherwise specified, is warranted for defects in materials and workmanship only, for twelve (12) months from date of sale from ZCM Services.
- Warranty Actions. The only remedy during the warranty period shall be the repair or replacement of the product, at the discretion of ZCM Services. (under direction from the manufacturer and / or local distributor)
- Repair costs including both workshop labour and replacement parts are included in normal warranty cover.
- If it is decided to replace an item as the result of a warranty claim, and an identical replacement item is not available, a suitable substitute of equal value and performance shall be supplied. If no such substitute can be obtained, the original purchase price shall be refunded.
- Warranty Exclusions. The warranty shall not cover damage, malfunction or failure resulting from:
- Normal wear and tear or component aging
- Accidental damage
- Misuse, misapplication, or operation contrary to the supplied instructions
- Improper or unauthorised repair
- Unapproved modification
- Use of unauthorised replacement parts, consumables or accessories
- Connection to improper supply voltage
- Warranty does not apply to consumable items.
(eg: ink supplies, toner cartridges, ribbons, batteries and fuses)
- Warranty Cancellation. The warranty is null and void if the warranty control labels, rating label(s) and / or model / serial number label(s) show evidence of tampering or are defaced, altered or removed.
- Warranty Limitations. The supplied warranty is in addition to other warranties expressed or implied under the Trade Practices Act (1974). Warranty coverage is non - transferable and applicable only to the original purchaser.
- Making Warranty Claims. Unless otherwise specifically stated, all warranty repairs or replacements are on a 'return to base' basis.
- Freight charges incurred in returning the product to ZCM Services shall be borne by the owner.
- The customer shall obtain a 'Return Authorisation' from ZCM Services prior to initiating return of any product.
- ZCM Services accepts no responsibility for loss or damage of goods returned without 'Return Authorisation'.
- The customer bears all risk involved with the transportation of the returned items to and from ZCM Services.
- The selection and arrangement of freight insurance for returned goods, if desired, is the responsibility of the customer.
- Liability Limitation. With the exception of the aforementioned warranty action, ZCM Services will not accept nor have any other responsibility or liability for any claims, losses, damages, costs or expenses of any kind whatsoever for, or in relation to, products or services sold, including liability for injury, liability for negligence, or liability for incidental, consequential, indirect or special damages, including without limitation: loss of actual or anticipated revenue, loss of trade or customers, or the loss of, or inaccuracies introduced into business or other records, data, information, ancillary or system executable files.
- Severability. In the event that any part(s) of these terms and conditions shall be determined as invalid, unlawful or unenforceable, such part(s) shall be severed from this agreement. The remainder of this agreement shall continue to be valid and enforceable to the fullest extent of the law. If a court finds that any part(s) of this Agreement are invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- Waiver. No failure, delay or inaction by ZCM Services in exercising any rights under this Agreement shall be deemed to be a waiver of that right, nor affect the validity of this agreement, in whole or in part, or prejudice any subsequent action that may be taken by ZCM Services. No waiver by ZCM Services of any breach by you, shall be considered as a waiver of any subsequent breach of the same or any other provision.
- Delivery of Notices. You agree that any notices required to be given under this Agreement by ZCM Services to you will be deemed to have been given if delivered in accordance with any of the contact information given by you the customer.
- Form of Agreement and Notices. A printed version of this agreement and of any notice provided in electronic form shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same conditions, as non-electronic business documents and records.
- Interpretation. This agreement shall be interpreted in accordance with the laws of the state of Queensland, Australia.
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Copyright ©1997-2010 ZCM Services, Australia. Last updated on August 17, 2015.