Peoplekey Pty Ltd and Biometric Systems International Pty Ltd, General Terms and Conditions of Sale
Document version 1.01
Release date 01/02/2013
The following general terms and conditions of sale apply to all business transactions between you the customer and Peoplekey Pty Ltd and / or Biometric Systems International Pty Ltd.
QUOTATION VALIDITY PERIOD: All quotations are valid for thirty (30) days. Pricing rise or fall is applicable after the expiration of thirty (30) days. Any order is cancellable in the event of causes beyond the control of Peoplekey or Biometric Systems International Pty . Peoplekey or Biometric Systems International Pty reserves the right to reject an order and / or re-issue a quotation based on changes in the International Exchange rate.
PRICING FOR PARTIAL, INCOMPLETE OR UNDELIVERED ORDER: Peoplekey / Biometric Systems International Pty Ltd reserves the right to revoke an order and re-quote should an order become older than 30 days due to the inability of the customer to pay for the products or services or if the exchange rate varies significantly.
INCLUSIONS AND EXCLUSIONS: Any item that has not been specifically included in any quotation is deemed to be excluded.
DELIVERY: A delivery charge will be applied to every invoice where there is the movement of goods regardless if the amount has included in the quotation or not.
SALES TAX / GST: Sales tax and / or GST is always excluded from the pricing. Please add gst and sales tax to orders you place.
PAYMENT TERMS: Payment terms are full Payment before shipping or installation or the provision of the service unless otherwise arranged with PeopleKey / Biometric Systems International Pty. PeopleKey / Biometric Systems International Pty Ltd reserves the right to revoke or modify any credit at its sole discretion. Purchaser agrees to pay each invoice when due. Normal payment terms are 7 days from the date of invoice. In the event that Purchaser defaults on its obligation to pay each invoice when due, then, in addition to all other rights and remedies available to it, PeopleKey / Biometric Systems International Pty Ltd shall have the option to withhold any further shipments of material and/or the provision of any services until Purchaser’s account is fully paid. The Purchaser shall not hold back any monies in the form of retention monies during warranty/defect liability period.
TITLE: Title to and ownership of the goods being subject matter of any quotation or purchase order remains with PeopleKey / Biometric Systems International Pty Ltd until payment of all monies due.
INSTALLATION, TRAINING AND SETUP: The installation, training and setup of the proposed equipment is not included unless specifically stated on the quotation.
DISCLAIMER: PeopleKey / Biometric Systems International, being a common supplier of goods, accepts no liability for liquidated/ascertained damages for failure to deliver said goods on time.
WARRANTY FOR HARDWARE: Hardware goods are warranted against faulty parts, manufacturing defects, premature component failure and workmanship for a period of twelve months from the date of shipping to the customer. PeopleKey / Biometric Systems International’s will either replace or repair the failed or defective component(s) or will replace said equipment free of charge. The customer must bear all costs for freight and transport of the equipment back to PeopleKey / Biometric Systems International Pty. PeopleKey / Biometric Systems International Pty shall not be liable for consequential damages resulting or arising from equipment failure or any resulting data corruption.
LIABILITY: PeopleKey / Biometric Systems International Pty Ltd shall not be liable for any direct, indirect, incidental or consequential loss or damage to the purchaser for user of this equipment arising out of the failure of the equipment to operate.
CANCELLATION: In the event that the Purchaser cancels any order resulting from any quotation without just cause they shall be liable to PeopleKey / Biometric Systems International Pty Ltd for an amount equal to twenty percent (20%) of the value of the order. This amount shall be construed as LIQUIDATED DAMAGES representing an approximation of all administrative, engineering, and other costs incurred by PeopleKey / Biometric Systems International Pty Ltd in reliance upon the order, not as a penalty.
INSURANCE: Is the responsibility of the Purchaser after delivery has been made to the designated delivery point by the assigned carrier.
SOFTWARE: Software shall mean any part of software provided by PeopleKey / Biometric Systems International Pty Ltd in machine readable form indicated on this Agreement or ordered subsequently, any modified versions and all related documentation. Customer has only a license to use the Software (License). PeopleKey / Biometric Systems International Pty Ltd retains all right, title and interest to its Software. In some cases, PeopleKey / Biometric Systems International Pty Ltd may have a right to re-license the Software. Customer shall use the Software only on the Equipment and at the Site. If PeopleKey / Biometric Systems International Pty Ltd agrees to the transfer of the Software and license, upon transfer of the Equipment, any such transfer shall be in accordance with its then current policy. Any Software received by Customer at any time is subject to this Agreement. The license begins upon delivery of the Software and continues until the last use of the Software with the Equipment, unless terminated. PeopleKey / Biometric Systems International Pty Ltd may terminate this License if Customer: (1) fails to perform any obligation under the Agreement within thirty (30) days after notice from PeopleKey / Biometric Systems International; (2) ceases to do business as a going concern, or (3) has its assets assigned by law. Within thirty (30) days after the License terminates, Customer shall, at its expense, return the Software to PeopleKey / Biometric Systems International Pty Ltd and destroy all copies of the Software, including memory or storage copies.
Customer shall maintain the Software in strict confidence and shall disclose it only to its employees requiring access. Customer shall implement adequate procedures controlling access to and use of the Software. Customer may duplicate Software only for internal use according to Peoplekey / Biometric Systems International Pty Ltd instructions. The Peoplekey / Biometric Systems International Pty Ltd legend restricting Software use must appear on any copies of the Software. Customer shall not reverse compile the Software.
SERVICE SUPPORT: This document relates to the terms and conditions of sale and has no bearing what-so-ever on the service / support / maintenance of the products. Different agreements are available for the service / support / maintenance of the products or equipment purchased by the customer Please discuss your requirements with PeopleKey / Biometric Systems International Pty Ltd.