Terms & Conditions

Terms & Conditions

General Terms and Conditions Trade (05/06)

To the fullest extent legally permissible all dealings between the Customer and alltasksIT Computer Services Pty Ltd A.B.N. 67 074 521 681 (and/or any related and/or associated companies, trusts and/or other entities and/or any successors and/or assigns) whether trading as “alltasksIT” and/or otherwise [“alltasksIT”] relating to any goods and/or any services [the “goods” and/or the “services”] are subject to the following terms and conditions [“these Terms”] unless otherwise expressly agreed in writing:

1.

Payment

  • Payment shall be made by cash, cheque, bank cheque or EFTPOS, without deduction and within the credit period stipulated in each invoice or statement.
  • The Customer agrees to pay an administration fee of 2% as the liquidated processing cost on credit card payments and/or on payments made outside the credit period stipulated in each invoice or statement.

2.

Interest

  • Interest shall be charged on overdue accounts at the Penalty Interest Rates Act 1983 (Vic) Interest rate plus 2%.

3.

Property

  • Property in goods shall not pass until payment in full of all monies owed by the Customer.
  • alltasksIT reserves the right to take possession and dispose of goods as it sees fit at any time until full payment. The Customer grants permission to alltasksIT to enter any property where any goods are stored with force if necessary.
  • Immediately on delivery the Customer accepts liability for the safe custody of goods and indemnifies alltasksIT for any related losses. d) Until payment in full the Customer agrees:
  1. to keep all goods unpaid for as fiduciary for alltasksIT and store all goods in a manner which shows alltasksIT as owner;
  2. to only sell goods in the usual course of its business on the basis that all proceeds are held in trust for alltasksIT; and
  3. that sale on terms, for less than cost and/or to a related entity of the Customer shall not be “in the usual course”. e) The Customer agrees a certificate signed by an officer of alltasksIT and stating certain facts for the purposes of this clause shall be conclusive evidence of each fact stated.

4.

Limitation of Liability

  • The Customer agrees to limit any claim to the cost of replacement goods or supply of equivalent goods and/or services.
  • alltasksIT shall not be liable for:

  1. any claim, loss or expense which is made after 7 days from the date of delivery of goods and/or services (or at all once goods have been unpacked or otherwise used, applied or installed) – after which there shall be deemed to have been unqualified acceptance;

  2. any loss and/or damage in respect of any property and/or premises;

  3. any consequential loss and/or any special and/or punitive damages through any fault of alltasksIT or otherwise; and/or

  4. any claim in any way caused and/or contributed to by the Customer and/or any third party.

  • These Terms shall prevail to the extent of any inconsistency with any other agreement, representation and/or warranty.

5.

Cancellations and Returns

The Customer agrees

  • not to cancel any order without alltasksIT’ prior approval;
  • not to return goods without alltasksIT’ prior approval and if goods are not in brand new and unused condition with undamaged packaging and if 7 days or more have passed since delivery;
  • that alltasksIT may take back goods in saleable condition on such terms as alltasksIT considers to be reasonable;
  • to pay alltasksIT on request a restocking fee of 15% of the gross invoice value of all returns;
  • not to return goods without first providing alltasksIT an original invoice as proof of purchase;
  • not to return any goods which have been custom made, custom processed or custom acquired;
  • that alltasksIT does not give cash refunds.

6.

Quotations

The Customer agrees that

  • quotations must be in writing;
  • alltasksIT shall not be bound by any quotation if an order is not placed within 30 days from the date of quotation;
  • alltasksIT may prior to receipt of any order amend any quotation and notify the Customer accordingly without ramification;
  • alltasksIT shall not be bound by any quotation if it forms the view that the subject matter of the quotation is to form part of a larger transaction or series of transactions with the Customer and if alltasksIT also forms the view that those circumstances have substantially and/or materially changed;
  • the Customer shall pay any additional charges alltasksIT levies for holding any goods referred to in any quotation pending placement of an order.

7.

Placement of Orders

The Customer agrees that

  • if any dispute arises concerning any order the internal records of alltasksIT shall be conclusive evidence of what was ordered;
  • when placing any order the Customer shall inform alltasksIT of any facts which might reasonably affect acceptance of the order by alltasksIT and/or any grant of credit.

8.

Supply and Delivery

  • alltasksIT may supply by instalments and/or withhold or cancel supply without ramification where:
  1. alltasksIT has insufficient goods to fulfil orders;
  2. goods are not available to supply;
  3. the Customer is in breach of these Terms;
  4. alltasksIT has any safety concerns; and/or
  5. alltasksIT considers it appropriate whether because of any minimum invoice policy or otherwise.
  • The Customer agrees that:
  1. alltasksIT may elect to arrange delivery at its discretion and without any liability and at the cost and responsibility of the Customer in all things;
  2. the Customer shall be deemed to have accepted delivery and liability for goods on being notified by alltasksIT that goods are ready for collection and/or on goods being delivered to a carrier or to the Customer’s business premises or nominated site whether attended or not;
  3. a certificate purporting to be signed by an officer of alltasksIT confirming delivery shall be conclusive evidence of delivery as shall any signed delivery docket; and
  4. alltasksIT shall not be liable for delay, failure or inability to deliver any goods. 
  • The Customer agrees that:
  1. to pay for so much of any forward order as alltasksIT invoices from time to time;
  2. that no delay or failure to fulfil any part of any order shall entitle the Customer to cancel or vary any order or delay or reduce any payment; and
  3. to pay alltasksIT for any demurrage or other costs and expenses in handling and/or holding any goods once ready for delivery and/or collection.

9.

Purchase Price

  • In the absence of a binding quotation all sales are made at the price nominated by alltasksIT at the time of delivery.
  • All government imposts (including any GST or equivalent) shall be to the Customer’s account.
  • Prices exclude government imposts (including any GST or equivalent) and/or any fees and/or fines levied by emergency service providers unless alltasksIT otherwise agrees.

10.

Variations

  • To be binding any variation or cancellation of these Terms or any order must be approved by alltasksIT in writing.

11.

Exclusions

  • No dealing between alltasksIT and the Customer shall be or be deemed to be a sale by sample.
  • If alltasksIT publishes material concerning its goods, services and/or prices anything so published which is incompatible with these Terms is unless otherwise stated expressly excluded.
  • The Customer shall rely on its own knowledge and expertise in selecting any goods and/or services for any purpose and any advice and/or assistance given by or for alltasksIT shall be at the Customer’s risk and shall not be or be deemed to be given as expert or adviser nor to have been relied on by the Customer or anyone claiming through the Customer.
  • All goods are sold subject to all applicable trading terms, warranties and representations of the manufacturer.
  • alltasksIT shall not be responsible nor liable for:
  1. paying and/or obtaining any necessary judicial, statutory, government and/or utility fees, expenses, orders, approvals, permits and/or licences; and/or
  2. any failure to comply with any special requirements of the Customer or any other person.
  • alltasksIT shall not be liable for any goods and/or services:
  1. made or performed to designs, drawings, specifications and/or procedures etc. and/or with materials which are provided and/or approved (whether fully or in part) by or on behalf of the Customer;
  2. utilised, stored, handled and/or maintained incorrectly or inappropriately; and/or 
  3. manufactured and/or supplied by any other party. 
  • The Customer agrees to:
  1. check all goods for compliance with all applicable laws, standards and/or guidelines before use, on-sale and/or application;
  2. comply with all applicable laws, standards and/or guidelines and with all recommendations and/or directions made and/or given by alltasksIT and/or by any manufacturer; and
  3. act in accordance with good practice at all times.

12.

Default

  • On default or breach of any part of these Terms by the Customer alltasksIT may inter alia terminate any contract, retain all monies paid, cease further deliveries and/or provision of services, recover all lost profits and/or at its discretion take immediate possession of any goods not paid for without prejudice to any other rights and without being liable in any way to any party.
  • The Customer agrees not to commence or continue or permit to be commenced or continued through it any suit or action against alltasksIT while the Customer is in default under any part of these Terms or in any of its dealings with alltasksIT.
  • The Customer agrees to indemnify alltasksIT for all fees and expenses payable to solicitors, mercantile agents and other parties acting on behalf of alltasksIT in respect of anything instituted or being considered against the Customer whether for debt, possession of any goods or otherwise (including all legal costs on an indemnity basis).
  • alltasksIT may apply any payment in reduction of fees, interest and/or any principal debt in such order of priority as alltasksIT in its discretion deems appropriate.

13.

Indemnity

  • The Customer fully indemnifies alltasksIT against any claim or loss arising from or related in any way to any dealing between alltasksIT and the Customer and/or arising under these Terms.

14.

Intellectual Property

  • The Customer agrees that all intellectual property in the creation of any goods and/or services shall be and remain the property of alltasksIT notwithstanding any contribution by the Customer.

15.

Other Terms and Conditions

  • No terms and conditions sought to be imposed by the Customer upon alltasksIT shall apply.

16.

Reconditioned Goods

  • alltasksIT shall not be liable for any reconditioning and/or repair of products made and/or supplied by the Customer and/or by any third party.

17.

Customer Restructure

  • The Customer shall notify alltasksIT in writing of any change in its structure or management including any change in director, shareholder and/or management and/or any change in partnership and/or trusteeship within 7 days of each change. Until such notice is received the Customer guarantees the performance of all obligations passing to any third party and fully indemnifies alltasksIT against all loss (including legal costs on an indemnity basis).

18.

Credit Limit

  • Any credit facility or credit limit is an indication only of the intention of alltasksIT at the time. alltasksIT may vary or withdraw credit at any time at its discretion and without any liability to the Customer or any other party.

19.

Personal Property Securities Act

Expressions used in this clause that are defined in the Personal Property Securities Act 2009 (Cth) (‘PPSA’) have the meanings given to them in the PPSA. 

  • alltasksIT may, at any time, register a financing statement for any security interest arising out of or evidenced by these terms and conditions over any or all of alltasksIT’ goods that are personal property. The Customer waives the right to receive notice under section 157(1) of the PPSA.
  • When the Customer and alltasksIT cease to trade then, provided that the Customer is not in breach of these terms and conditions, alltasksIT must register a financing change statement with respect to any security interest for which alltasksIT has registered a financing statement.
  • The Customer must sign any documents and do anything necessary to enable alltasksIT to register the statements referred to in the preceding sub-clause and to enforce its rights and perform its obligations under this clause and the PPSA. In particular, if the Customer is a natural person, the Customer must provide alltasksIT with the Customers date of birth and a certified copy of a Victorian driver’s licence (or other evidence acceptable to alltasksIT) to confirm the Customer’s date of birth.
  • The Customer must not register, or permit to be registered, a financing statement in favour of any person other than alltasksIT, for any of alltasksIT goods.
  • The Customer must pay alltasksIT’ reasonable expenses and legal costs in respect of anything done or attempted by alltasksIT in the exercise of its rights or performance of its obligations under this clause or the PPSA.
  • In accordance with section 275(6)(a) of the PPSA, the parties agree that neither of them will disclose information of the kind mentioned in subsection 275(1).

20.

Waiver

  • An election by alltasksIT not to exercise any of its rights arising as a result of any breach of these Terms shall not constitute a waiver of any rights of alltasksIT relating to any other breach.

21.

Notice

  • The Customer agrees that it shall be deemed to have notice of any change to these Terms immediately any change is adopted by alltasksIT and whether or not the Customer has actual notice. The Customer shall be deemed to be bound by any terms and conditions of trade which may be adopted by alltasksIT immediately any change is adopted and notwithstanding any other purported or pre-existing terms and conditions which might otherwise have applied.

22.

Security For Payment

  • The Customer hereby grants to alltasksIT a general lien over all property of the Customer until payment in full of all monies owing to alltasksIT.

23.

Force Majeur

  • alltasksIT shall not be in default or in breach of any contract with the Customer as a result of Force Majeur including any strike or lock-out.

24.

Insolvency

  • If the Customer commits or is involved in any act of insolvency the Customer shall be deemed to be in default under these Terms.
  • An act of insolvency is deemed to include the appointment of any insolvency practitioner and the calling of any formal meeting of creditors.

25.

Severability

  • Any part of these Terms shall be capable of severance without affecting any other part of these Terms.
CONTACT US

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CUSTOMER SERVICE

566 Somerville Rd, Sunshine VIC 3020
Email: [email protected]
Phone: 03 9312 7444