Red Ego
ABN 24 314 593 160
TERMS AND CONDITIONS OF
1.
Definition
"Red Ego" means
Red Ego ABN 24 314 593 160;
"buyer"
means the person, firm or company placing an order with Red Ego for the supply
of goods and/or services; and
"goods"
means the products the subject of an order placed by the buyer.
2.
Payment
(a) The buyer shall pay
for the goods within the time stipulated on the invoice for the goods or as
otherwise agreed in writing by Red Ego.
(b) Red Ego may, if
payment is not made in accordance with clause 2(a):
(i)
Permanently withdraw any credit facility, at which time any outstanding amounts
on the buyer's account will be deemed to be immediately payable; or
(ii) Temporarily withdraw
any credit facility and place the buyer's account on stop credit until the
arrears are brought within the credit terms.
(c) Any buyer who
specifically negotiated payment terms at variance with clause 2(a) will in no
way be deemed to have varied any other terms and conditions of this agreement
unless those terms and conditions are also specifically mentioned in the
negotiations.
(d) In the event that the
buyer fails to pay for goods within the stipulated time in clause 2(a), they
shall pay Red Ego 3.0 per cent per month interest on the amount due to Red Ego.
(e) Purchases must be on
Purchase Order, unless the purchaser makes a 20% deposit for all goods
initially and the remaining balance is Cash On
Delivery (C.O.D.). All other orders must
be received in writing via post, fax or e-mail (verbal orders will not be
accepted).
(f) Cheques can be made
payable to “Red Ego”. Dishonoured
cheques will incur an AUD$30 administration fee. If paying buy cheque, prior arrangement must
be made with Red Ego and good and/or services will not be delivered until
cheques are cleared.
(g) Payment may also be of
a direct deposit. Red Ego’s Bank Account
details are:
BankWest (
Account Name: Red Ego
BSB: 306-065
Account
Number: 0335049
3.
Retention of Title
(a) Red Ego retains the
legal and equitable title to the goods until full payment is received from the
buyer.
(b) Until Red Ego receives
full payment for the goods, the buyer shall:
(i) Hold the goods as bailee for
Red Ego;
(ii) Grant Red Ego the right to enter without notice
the buyer's premises without liability for the trespass or any resulting damage
to retake possession of the goods;
(iii) Ensure that the
goods are stored so they are clearly identifiable as the property of Red Ego;
and
(iv) Not alter or change the goods so as to change their quality or
nature.
(c) Until Red Ego receives
full payment for the goods Red Ego shall be entitled to repossess the goods if the buyer commits an act of bankruptcy or is declared
bankrupt or becomes insolvent or enters into an agreement with creditors or if
a liquidator / receiver and/or manager is appointed to the buyer or any of the
assets of the buyer.
4.
Warranties
Red Ego gives no express
warranty made by or on behalf of Red Ego in relation to the goods or their
supply. The Trade Practices Act 1974 and the Fair Trading Act 1987 may imply
certain conditions and warranties into this agreement for the benefit of the
buyer. To the extent that such conditions and warranties in respect of the
goods may, as between Red Ego and the buyer, lawfully be excluded, all such
conditions and warranties are expressly excluded. Unless otherwise stated, standard warranty on
all computer parts and components is one year manufactures warranty. All warranties are Return to Base (RTB)
unless otherwise specified. The
purchaser will bear the transport charges both ways of returned items. All goods returned for warranty must be
accompanied with their original Tax Invoice.
Warranty does not cover damaged to other equipment used in conjunction
with goods purchased from Red Ego.
5.
Waiver
If Red Ego fails or
neglects to enforce at any time the provisions of these terms and conditions,
this shall not:
(a) Be construed, nor
shall it be deemed to be, a waiver of Red Ego's right;
(b) In any way affect the
validity of the whole or any part of this agreement or prejudice Red Ego's
right to take subsequent action.
6.
Returns
(a) The buyer must notify
Red Ego in writing of goods they wish to return within five days from the date
of the invoice;
(b) Red Ego will not
accept the return of goods that have been added to, modified, varied or changed
by any person or party other than Red Ego;
(c) Red Ego shall have no
liability for any damage or defects in the products which have been caused
subsequent to the purchaser taking possession of the goods due to improper
storage, warehousing or transport, or by neglect, abuse or improper use,
installation, maintenance or unauthorised repairs to the goods.
(d) All returned goods
must be in original condition and packaging (unopened and unused).
(e) Goods returned after
five days will incur a 15% restocking and administration fee – payable
immediately, in full, by the purchaser
(f) Unless otherwise
specified, all returns are for credit only.
(g) Certain items are sold
on a NON-return basis. The purchaser
should check with Red Ego before committing to a purchase.
7.
Severability
In the event that any part
of these terms, conditions or provisions shall be deemed invalid, unlawful or
unenforceable to any extent, such terms, conditions or provisions shall be severed
from the remaining terms and conditions that shall continue to be valid and
enforceable to the fullest extent permitted by law.
8.
Law
Red Ego and the buyer
agree that this agreement and its provisions shall be construed in accordance
with the law of the State of
9.
Copyright, Trade Marks, Patents and Intellectual Property Rights
(a) The buyer acknowledges
any and all of the trade marks, trade names, patents, copyrights and other
intellectual property rights embodied in or in connection with the products and
information, documentation, parts or software relating to properties supplied
by Red Ego.
(b) The buyer shall not,
during or after the expiry or termination of the agreement, without the prior
written consent of Red Ego, adopt any name, trade name, trading style or
commercial designation or design used by Red Ego, reproduce any art appearing
on the package of any goods or copy, sell or hire or offer for sale or hire a
copy of the goods.
(c) The buyer shall
indemnify Red Ego against all liabilities, costs and expenses which Red Ego may
incur as a result of work done in accordance with the buyer's specifications or
as a result of the combination or use of the goods with other equipment parts
or software not supplied by Red Ego involving infringement of any patent,
copyright or other proprietary right.
10.
Costs, Expenses & Disbursements
(a) All costs, expenses or
disbursements incurred by Red Ego in the maintenance of the purchaser’s account
including debt collection, agency fees and legal costs arising;
(b) As a consequence of
the purchaser's default in observing the terms and conditions of sale;
(c) As a result of any of
the purchaser's cheques being dishonoured; or by reason of Red Ego requiring
any further security to be provided; shall be payable by the purchaser upon
demand.
(d) All dishonoured
cheques incur an administration fee of AUD$30.00.
11. Consultations, Analyst and
Programming
Where Red Ego is hired to
provide duties of consultation or programming within a purchaser’s premises,
network or intellectual property, Red Ego will not be responsible for any
system downtime, physical or electronic data loss, business income loss or
training. Red Ego will outline a
proposal of work to be carried out and if purchased, will follow that proposal
until completion is achieved within a specified time. The purchaser at Red Ego’s standard
consultation rate will deem unforeseeable circumstances or restrictions that
prevent Red Ego from consultation or programming completion, liable and
payable.
12.
Web Site (www.redego.com) Terms and
Conditions
(a) Red Ego provides this
service in good faith, and will not be liable for any losses attained by
individual(s), business(es)
or other entities arising from the use of this website. Individuals, businesses
and entities using this web site do so at their own risk.
Use of this web site refers to information
obtained by the user from the website, advice given to the user electronically,
any financial transaction occurring electronically between the user and Red Ego
(and its employees), over the internet (or arising from the internet), or any
other course of action executed.
Red Ego or any party
involved with creating, designing, updating or delivering the site will not be
held liable for any damages may they be direct or indirect arising from the use
of the site. Your use of this site is at your own risk. The user is defined as any individual,
business, or other entity.
The web site refers to any
electronic HTML page accessible under the top domain name of www.redego.com.
(b) All material on this
website is the property of Red Ego. Text, pictures, design, photographs,
programming code and any other content available on the website remain the
property of Red Ego and is copyright.
(c) Technical
specifications and price may change at any time without warning. Red Ego need
not give notice or warning of price or specification changes. Actual
specifications may vary slightly depending on features, components and
availability.
(d) All orders are subject
to our terms and conditions that are available upon request. For all purchases
we reserve the right to make adjustments to information or pricing due to
typographical errors, market factors or manufacturer price changes, which may
occur at any time without notice.
(e) Technical Definitions:
(i) A GB or Gigabyte means
one billion bytes when referring to hard drive capacity; actual accessible
capacity may be less once the drive is in use.
(ii) Mhz or Megahertz only measures microprocessor internal clock
speed, not application performance. Many factors affect application
performance.
(iii) For ThinkPads which contain a battery, battery life (and
recharge times), results based on BAPCo's (Business
Applications Performance Corporation) SYSmark
benchmark test.
(iv) (CD-ROM) Variable
read rate. Actual playback speed will vary and is often less than the maximum
possible. (Tape Drives) Data compression may be software dependent.
13.
Linking to the Red Ego Website
Inclusive of the above
website terms and conditions a site that links to the Red Ego Web site:
(a) May link to, but not
replicate, Red Ego content.
(b) Should not create a
browser or border environment around Red Ego content.
(c) Should not imply that
Red Ego is endorsing it or its products.
(d) Should not
misrepresent its relationship with Red Ego.
(e) Should not present
false information about Red Ego products or services.
(f) Should not use the Red
Ego logo without express prior written permission from Red Ego.
(g) Should not contain
content that could be construed as distasteful, offensive or controversial, and
should contain only content that is appropriate for all age groups.
14. Reservation
Prices, contents,
specifications and availability are subject to change without notice.
If a courier is not
specified, Red Ego will use a courier of its choice and cost will be borne by
the purchaser. Red Ego will not take
responsibility for damaged or lost items during transit by couriers or postal
services.
Red Ego management
reserves the right to alter these Terms and Conditions at any time.