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Terms & Conditions
- 1. Introduction
- Ownership. This website is owned and managed by Fuji Xerox Australia Pty Ltd ABN 63 000 341 819 of Level 5, 8 Khartoum Road, MACQUARIE PARK NSW 2113, Australia ("we", "us" or "our").
- Structure. This document contains terms and conditions that apply as follows:
- (i) Part A - General Terms and Conditions of Use which apply to your access and use of our websites; and
(ii) Part B - Terms and Conditions of Sale, Support and Service (which apply in addition to Part A) but only in respect of certain functionality contained in either our www.fujixerox.com.au or our www.fxs.com.au websites. Part B also contains terms and conditions that are applicable generally to your purchase of goods from our Supplies Division, whether through one of our websites, by post, in person, by fax, by telephone or by email.
- Acceptance. By participating and continuing to use any of our websites you agree to these terms and conditions.
A. General Terms and Conditions of Use
- 2.Copyright and Trademarks
- Copyright. All material on our websites are subject to our copyright or that of our licensors. You must not reproduce, transfer or hyperlink any of the material contained on this web site without our prior written consent, except that you may:
(i) download a copy of one of our websites to the local hard drive of the computer used to access the site;
(ii) print extracts from our websites, but only for your personal or non-competing internal business use; and
(iii) download and use the software made available for download on our websites provided that you agree that your rights are limited to those of a licensee, you comply with any license conditions contained therein, and subject to your rights at law, you do not reverse engineer, reproduce, adapt or transfer the software or cause or allow any third party to do the same. Subject to your rights at law, the only warranties granted in relation to this software are those expressly set out in the applicable licence agreement.
- Trademarks. Fuji Xerox, Xerox, and the sphere of connectivity design are trademarks or registered trademarks of Xerox Corporation in the US and/or other countries. Nothing contained in our websites shall be construed as granting or permitting any proprietary interest, license or right of use any trademarks contained in our websites which remain our exclusive property or the exclusive property of our related corporations and third party licensors.
- 3. Liability and Indemnity
- In these terms and conditions, Claim means any and all claims arising from or in relation your use of our websites and our supply of goods and/or services to you howsoever caused (including without limitation any supply of Fuji Xerox Supplies in accordance with clause 11 below), whether wilfully or otherwise (including repudiation), and whether for fundamental or non-fundamental breach of contract, in tort (including negligence) or for breach of any statutory provision.
- Limitation of Liability. To the extent permitted by law (including the Australian Consumer Law), our total liability to you for any Claims is limited in aggregate to:
Subject to the Australian Consumer Law, we may make any election contemplated by this clause 3(b).
- in the case of services supplied or offered by us:
- the re-supply of those services; or
- the payment of the cost of having those services re-supplied; and
- in the case of goods (including software) supplied or offered by us:
- the replacement of the goods or the supply of equivalent goods; or
- the repair of the goods;
- the payment of the cost of having the goods replaced; or
- the payment of the cost of having the goods repaired.
- No Special Damages. You agree that, to the extent permitted by the Australian Consumer Law, in no circumstances will we be liable to you or others for any Claims for: any indirect, incidental, special and/or consequential losses, liability, costs or damages; any loss of business opportunity, loss of revenue, loss of profits or loss of savings; and any loss, corruption or delay of data.
- Indemnity. You indemnify us and hold us harmless from and against all losses, actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to your use of any of our websites.
- 4. Disclaimers
- General Disclaimer. While we endeavour to ensure the accuracy and completeness of the information contained on our websites and to ensure constant uninterrupted access to it, subject to your rights under the Australian Consumer Law, we make no warranties and accept no responsibility for any loss or damage you may suffer as a result or your reliance on any part of it or for any delay or disruption however caused.
- Specific Disclaimers. In particular, we make no representations or warranties and subject to your rights under the Australian Consumer Law exclude all liability in relation to:
- (i) any of the material on our websites (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material);
- (ii) any material of any other website referred to or accessed by a hyperlink through our websites. We do not endorse or approve the material of any linked website, nor will we have any liability in connection with any linked third party website howsoever arising; or
- (iii) any which is downloadable from our websites. You must take your own precautions in respect of virus detection and the responsibility for any harmful code that may be introduced into your system by using our websites.
- 6. Miscellaneous
- Compliance with the Law. You must comply with all applicable laws when using our websites.
- Force Majeure. Neither party shall be liable for any delay in performing its obligations if and to the extent that such delay is caused by circumstances beyond its reasonable control.
- Variations. These Terms may be varied from time to time. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use our websites after it has been amended.
- Termination. We can terminate your right to access our websites or any part thereof at any time for any reason without notice.
- Applicable law. These Terms will be governed by and construed in accordance with the laws of the state of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales
- Survival. Terms and conditions that are intended by their nature to survive will survive: (i) when you cease using our websites; and (ii) when any transaction entered into with us is completed.
B. Terms And Condition Of Sale, Support And Service
- 7. Australian Consumer Law
- Australian Consumer Law. The Australian Consumer Law protects consumers by giving them certain automatic guarantees which provide consumers with a comprehensive set of rights for goods and services they acquire. For example, when buying goods a supplier guarantees to the consumer that the goods have clear title (unless otherwise stated), do not have undisclosed securities, are fit for any disclosed purpose, come with a right to undisturbed possession and match any sample or demonstration model provided by the supplier. When buying services, a supplier guarantees to the consumer that services are performed with due care and skill, are fit for any specified purpose and are performed within a reasonable time (when no time is set). These rights are called Consumer Guarantees.
- Consumer Guarantees not affected. Notwithstanding any other provision contained herein nothing in these terms and conditions shall be construed as removing, restricting or modifying the Consumer Guarantees.
- 8. Registration
- General. In order to access and use certain sections and functions of our websites you must provide us with certain information and/or register. Become a registered user at firstname.lastname@example.org
- User Information. You warrant that all information provided by you is accurate and you know of no reason which would prevent you from providing this information and registering. You must keep your registered information current (including your e-mail address) and notify us of any subsequent changes.
- Authority. If you register on behalf of another person/entity, you must not access or use the account or the account information in any other capacity.
- User-Id and Passwords. You must keep your User- id and passwords secure and confidential, and not disclosure the same to any unauthorised person/entity. Registered Users must frequently change their passwords and refrain from using passwords which are obvious or easily determined.
- Confidentiality. Any information which is protected by User-Id and password is confidential information which must not be disclosed to any third party unless and only to the extent required by law or approved in writing by us.
- 9. My Account
- Eligibility. To use the My ACCOUNT area of our websites you must have a current Fuji Xerox Support Services Agreement (SSA).
- Functionality. My ACCOUNT allows for the input of meter readings and access to and updating of contact information regarding the administration of the SSA.
- Processing Time. While we endeavour to process data provided to us within two business days of receipt, we do not warrant that information will be updated within this time and will not be liable for any cost, liability or expense accrued as a result of delay.
- SSA not affected. The SSA is not varied by this document.
- 10. Support
Support Services. Access to our Support Services including On-Line Support Assistant, e-Logging are made available to practically all our customers. Information provided by our database is a recommendation for similar types of incidents based upon the general information obtained from similar customer situations collected worldwide. We make no guarantee or warranty that such recommendations will resolve or be appropriate for the particular problem.
- 11. Sale of Fuji Xerox Supplies
- Interpretation. In this clause 11: Contract means the sale by us of our goods to the Customer upon these terms and conditions; and Customer means the person or entity that purchases goods from our Supplies division.
- Applicability. This clause 11 only applies to goods purchased by a Customer within our Supplies website at www.fxs.com.au and applies in addition to the terms and conditions set out above under Part A, including (without limitation), clauses 2 and 3 above. These terms do not apply where we have specifically agreed to vary these terms in writing or have agreed in writing that other terms shall govern the supply of the goods. Any Customer terms and conditions (including any variations proposed by Customer) are ineffective and excluded from the Contract, unless specifically agreed by us.
- Formation of Contract. Nothing in our websites or in any of our catalogues or in any of our other publications shall be construed as an offer by us. No Contract is created until an order is placed by Customer and is accepted by us by delivering the goods or confirming our acceptance by email (whichever occurs first).
- Ordering goods.
- Customer may purchase goods published within our Supplies website at www.fxs.com.au by placing an order in accordance with these terms. Orders may be placed through our website, by fax, by telephone or by email. Any order placed is an offer by Customer to purchase the particular goods for the price (including the delivery and other charges) published on our website at the time Customer places the order.
- We accept orders for delivery to locations within the major capital cities, their metropolitan and non-metropolitan areas in Australia excluding Tasmania and the Northern Territory. Please contact us on 13 14 11 to check if a delivery location is classified by us as metropolitan. For information on how to order goods to be delivered to other locations please contact us at email@example.com .
- Customer acknowledges that, by placing an order, they will pay for and accept delivery of the goods ordered unless they ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods being dispatched to you. Any order placed is subject to Customer's compliance with any specific limitations for the goods shown on this website or in any manufacturer published specifications.
- We may change the prices published on our website at any time by posting the revised price to our website. Displayed prices are inclusive of GST (unless otherwise indicated) and do not include any additional charges that may apply (please refer to the Additional Charges clause below). Prices of products placed in the 'My Order' shopping cart but not paid for are also subject to change. While every effort has been made to ensure the accuracy of prices, images and information displayed on our website, to the extent permitted by law, we are not responsible for any error. Please call us on 13 14 11 for any questions regarding the goods or the applicable prices or to hear about any special product offers.
- We may accept or reject a Customer order for any reason, including (without limitation), the unavailability of any goods, an error in the price, image or the description posted of the goods posted online, or an error in a Customer order. If we reject an order, we will endeavour to contact Customer within a reasonable time after placing the order to advise Customer of any available options and give Customer the option to revise the order or cancel the order. If we are unable to contact Customer, we will treat the order as cancelled. If an order is cancelled and Customer has already paid for the goods, we will provide a full refund.
- Credit Approval. All orders are subject to satisfactory credit approval. Customer agrees that on placing an order with us:
- We may obtain a report about Customer's consumer and/or commercial credit worthiness from a credit reporting agency or a commercial credit reporting business, for the purpose of assessing Customer's credit worthiness or collecting any overdue payments;
- Customer agrees that information from this application or concerning our credit provider history or status may be disclosed; and
- We may give to a credit provider or credit reporting agency a report about Customer's consumer and/or commercial credit history or status for the purpose of prospective credit providers assessing any application made by Customer to a credit provider or collecting any overdue payment (either directly or through a credit reporting agency).
- Price and Payment.
- Unless an alternative price is specified in a Purchase Order and agreed by us, the price payable by Customer will be our current price on the day of placing the order, providing that delivery is to be made within 14 calendar days. If a Customer requires delivery to be made more than 14 calendar days after the date of the order, the price payable will be the price current at time of delivery.
- Quantity discounts will be applied as appropriate to the total number of units of any given goods, providing that they are included in one order and are for delivery to one address. Quantity discounts on a given good do not alter the prices charged for any other given good.
- Customer must pay for goods by the due date indicated on our tax invoice. To pay on account terms, Customer must be registered with a valid Fuji Xerox Australia account number. If an account does not exist, Customer may apply to open an account or pay by credit card. We do not store Customer credit card details on our websites. Interest of 15% per annum is payable on the daily balance of all overdue monies.
- Additional Charges. The following additional charges apply:
- A minimum order value (MOV) charge of $33 inc GST ($30 ex GST) will apply to orders with a value (excluding GST) below $200. The MOV applies independently of any minimum order quantities required by the website.
- Additional delivery charges will apply to non-metropolitan suburbs. Please contact us on 13 14 11 to check if a delivery location is classified by us as non-metropolitan.
All additional charges (when applicable) will appear in the 'My Order' shopping cart prior to submitting the order. For orders that are not submitted online, we will advise Customer of these additional charges at the time the order is accepted by us.
- We endeavour to deliver all orders within the major capital cities and their metropolitan areas to the delivery schedules as set out in our website or as otherwise indicated by us, however, we do not represent or warrant that this will occur and we will not be liable for any cost, expense or liability incurred as a result of delay of the goods.
- Whenever possible, we will obtain a signature as proof of delivery. However, we may deliver the goods by leaving them at the delivery address.
- Returns Policy.
- Customer must inspect the goods on delivery for any inaccuracies in the order or for any obvious signs of damage. If any such inaccuracies or damage is evident, Customer must call us on 13 14 11 within 3 days of delivery to exchange the goods.
- If the goods are not damaged but are subsequently discovered by Customer to be defective or not to be of acceptable quality (through no fault of Customer), Customer must call us on 13 14 11 as soon as practicable and we will gladly exchange, refund or arrange for a repair.
- We do not generally accept the return of goods for change of mind. If Customer has simply changed their mind, Customer may call us on 13 14 11 to discuss, but we may refuse to accept the return of such goods. If we do accept the return, only goods returned in original saleable condition will be considered for a credit to Customer's account.
- Risk and Title. Risk in the goods passes to Customer upon delivery. Notwithstanding the transfer of risk, legal and beneficial title to the goods will remain with us until payment of the purchase price of the goods and all other amounts owing to us by Customer has been received by us as cleared funds. Until legal and beneficial title passes to Customer, Customer will hold the goods as fiduciary bailee for us and must store the goods separately and in a manner to enable them to be identified and cross-referenced to our invoices. Notwithstanding the above, a certificate purporting to be signed by our authorised representative identifying the goods as unpaid shall be conclusive evidence that the goods have not been paid for by Customer and of our title to the goods. Customer agrees that, if Customer fails to pay the amounts owed to us within 14 days of the due date, we or our nominee may enter without notice Customer's premises at which the goods were last known to be located and repossess the goods and Customer indemnifies us or our nominee for any claims, costs, losses, damages, liabilities and expenses suffered or incurred.
- Mandatory disclosure. The Australian Consumer Law requires that whenever we provide a document evidencing a warranty against defects that we disclose the following: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- Personal Property Securities Act.
- In this clause, 'Collateral' means the goods including all Proceeds derived from such goods, until title has passed to Customer in accordance with these terms. All other defined terms in this clause have the meaning given in the PPSA.
- Customer acknowledges that the Contract gives rise to a Security Interest in the Collateral.
- Customer acknowledges that we are not required to give any notices or provide Customer with copies of any documents required to be given under the PPSA including any regulations or instruments made under it. Customer waives any right to receive any such notices or documents unless the requirement to provide that notice or document cannot be excluded by law.
- Customer acknowledges and agrees that we may take any steps we consider necessary to protect our security interest in the Collateral in connection with the PPSA, including registering, perfecting, recording or securing those interests.
- Upon request, Customer must do all such things and execute all such documents and consents as we think may be necessary for us to comply with the PPSA or to enable use to register, perfect, record or secure those interests.
- It is a default by Customer under the Contract if the holder of any security interest (including under the PPSA) over any of its assets seizes or becomes entitled to seize the Collateral without our consent.
- Any clause or part of any clause of the Contract that is illegal or unenforceable shall be read down to the extent necessary to give legal effect, or shall be severed from the Contract if it cannot be read down, and the remaining clauses of this Contract remain in full force and effect.