Terms & Conditions of Trading
By using any of 42 BYTES’ services, customers agree to the following terms and conditions.
Any contract or order based on this or any other tender or quotation is only accepted upon and subject to the Company’s Terms and Conditions of Quotation, Sale & Repair as herein printed and these conditions are to have full force and effect as if incorporated into the Purchaser’s order. Unless expressly accepted in writing by the Company any variations of or additions to these conditions in a Purchaser’s order or order form will be deemed to be inapplicable.
All quotations are subject to withdrawal or variation by the Company at any time prior to acceptance of a firm order. No order given to the Company based upon a quotation shall be binding until accepted by the Company in writing. The Company reserves the right to correct any accidental error or omission or quotation or invoice without prior notice.
All prices are net and Goods and Services Tax exclusive unless otherwise stated. Prices for goods to be imported are based on prices quoted to the Company by the Principal and the rates of freight, Insurance premiums, customs duties, primage and other costs of importation known to the Company at the time of the quotation. In the event of any increase in these rates or in the prices of the goods quoted to the Company by the Principle before acceptance of an order or prior to the delivery of the goods to the Purchaser then the cost to the Company entailed by such increase/s shall be added to and form part of the purchase price and be payable by the Purchaser accordingly. Conversely, any decrease in any such rates or the Principal’s price shall be deducted from the purchase and or repair price. This provision for variation of price shall also apply to goods and service required for the execution of an order purchased and obtained locally.
Limitation of Liability
The Company shall not be liable in any manner for the Purchaser’s losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, punitive, incidental or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property claims of third parties, or other kind of losses of any kind or character, even if the Company has been advised of the possibility of such damages or losses, arising out of or in connection with the use of the sites or any website with which they are linked, or any establishing such procedures for data backup and virus checking as the Purchaser considers necessary. This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability or any other basis.
Where the Purchaser is a consumer as defined by any relevant law such as the Trade Practices Act, 1974 Commonwealth and similar state laws in respect of any goods, certain conditions and warranties cannot be excluded, restricted or modified (“the consumer warranties”). In those circumstances the Purchaser has the benefit of both the consumer warranties and the conditions contained in this clause and in the event of any inconsistency the consumer warranties shall prevail; all other express or implied conditions or warranties in respect of the goods or any of them are excluded from this contract.
Indent items from overseas are in addition subject to alteration in price because of variation in currency rates between the Principal’s currency and the Australian dollar at the date of the Company’s invoice.
Goods and Services Tax
Prices quoted are subject to the addition of goods and services tax and to any tax imposed by any Government authority upon the goods quoted or upon the production, sale, distribution, delivery or upon any feature thereof if applicable. All such taxes shall be payable by the Purchaser and may be added to the purchase price by the Company.
Availability of services
The Company shall have no liability direct or indirect for the delay in delivery. The delivery time for the goods and services quoted on an indent basis is an estimate only and is based upon the Company’s knowledge of conditions prevailing at the time the quotation is made. The delivery time is subject to variation in accordance with the Principal’s availability of programme and also to any delay through Act of God, labour disputes, strikes, lockouts, fire, accident, non-delivery of parts by other manufacturers or any other causes or contingencies beyond the Company’s control and/or the control of the Principals. The Company does not accept orders under penalty for late delivery.
Acceptance of goods and services
The Purchaser shall inspect the goods and services immediately on delivery thereof and shall within 3 working days from such inspection give notice in writing to the Company of any matter or thing by reason whereof he may allege that the goods and services are not in accordance with the contract. If the Purchaser shall fail to give such notice the goods and services shall be deemed to be in all respects in accordance with the contract and the Purchaser shall be bound to accept and pay for the same accordingly.
Standing Orders & Contracts
Any Standing Orders and other contracts that have been made with 42 BYTES are binding within the specified period and can only be cancelled if both parties mutually agree. Goods and Services, whether they are custom made or not, or are in the process of manufacture and development, or are in transit and in the contract time frame will be purchased by the customer.
In the case of delivery or part thereof, each and every delivery will be deemed to be sold under a separate contract and will be subject to these Terms and Conditions of Quotation, Sales and Repair.
In addition to any lien to which the Company may be entitled by statute or common law the Company shall, in the event of the Purchaser’s insolvency, bankruptcy or winding up, be thereupon entitled to a general lien on all property whatsoever owned by the Purchaser but in the Company’s possession at the time, such lien to cover the unpaid price of any goods (including the goods) sold by the Company to the Purchaser.
Failure by the Company to insist upon strict performance by the Purchase of any terms or conditions contained herein shall not be taken to be a waiver thereof or of any rights of the Company in relation thereto and in any event shall not be taken to be a waiver of the same terms and conditions on any subsequent occasion.
The contract constituted by the acceptance by the Company of the Purchaser’s order or by the Purchaser’s acceptance of the Company’s tender/quotation shall be construed to be in accordance with the laws of the State of Western Australia.
Risk and dispatch
Unless otherwise specified by the Company the point of delivery of the goods and services shall be at the Company’s premises and other such sites. Goods and services delivered elsewhere shall at the Purchaser’s risk from dispatch to such premises and the Purchaser will indemnify the Company against any claim or liability damage or injury to or by the goods after dispatch and shall specify in writing on his official order if insurance is to be taken out on his behalf and at his cost. This provision will apply notwithstanding the fact that the Company has agreed to install the goods and services at the premises nominated by the Purchaser.
The risk of damage to existing programmes on the Principal’s side when accessing these in order to be able to deliver the goods and Services agreed upon, lies solely with the Purchaser.
Installations and Commissioning
All programmes shall be installed and commissioned by and at the expense of the Purchaser unless agreed to in writing or otherwise stated in the Company’s quotation. In the case of programmes which the Company or the Principal undertakes to install, it is the Purchaser’s responsibility to provide all service utilities required, e.g. electric power outlets, desk space, etc. Installation will be made at the time of delivery or as soon as practicable. Unless otherwise agreed the Company’s responsibility to install such programmes may cease if the installation is deferred by the Purchaser for an indefinite period.
Terms of Payment/Retention of Title
Where credit terms have been agreed, invoices are to be paid Strictly Net 14 days from the date of invoice. Terms of Payment may be varied at the discretion of the Company and will be outlined on the quotation. The property of the goods and services shall not pass to the Purchaser until the goods and services are paid for in full. In the event of non-compliance with the Company’s Trading terms, the Company reserves the right to suspend deliveries and/or cancel contracts and/or apply a service fee at the rate of 2.5% per month on all outstanding monies from the due date and/or void warranty.
Any order placed resulting from a quotation may be cancelled in full or part by the Purchaser only upon the Company’s consent in writing and against payment to the Company of a reasonable and proper cancellation fee, should this be deemed necessary by the Company. Filing a petition of bankruptcy or commencement of any legal action for insolvency, or creditor’s petition for winding-up of the Purchaser’s company shall be deemed a cancellation by the Purchaser.
Return of Goods and Services
Returns may be made with prior written consent of the Company and may not be accepted after seven days from the date of the Company’s invoice. Freight costs on goods being forwarded to the Company will be borne by the Purchaser. A restocking fee of 15% will be charged. (a) Packaging: Where goods were originally supplied in a special Principal’s carton, any return shall be made in that original carton and the goods shall be in their original and unmarked condition, complete with any instruction sheets supplied. (b) Goods not returnable: The following goods cannot be returned for credit under any conditions: Any goods specially made. Any goods made, or purchased to a firm and irrevocable order. Any goods altered or damaged by the Purchaser. Any goods having an invoice value of ten dollars or less. Any goods especially indented and which are not normal stock lines.
Injury and Damage
The purchaser shall indemnify the Company against all claims whether made under any contract or statute or under common law in respect to any loss or damage to any property whatsoever arising out of any defect in programmes or workmanship in connection with any goods manufactured and programmes developed and/or sold by the Company or any default or negligence on the part of the Company’s personnel in connection with or during the carrying out of any work by the Company on the Purchaser’s or any other person’s property.
The website 42BYTES.rocks and its original content, features, and functionality as well as the products and services provided by 42 BYTES are owned by 42 BYTES and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws
Quotations are valid for 14 days unless otherwise stated.
The Purchaser shall not assign the contract or any right thereunder without the written consent of the Company.
42 BYTES are located within and despatch from Perth, Australia.