Terms of sale

1. Terms of sale

The term and conditions contained in this Terms of Sale constitute a legally binding contract between Realised Technologies Pty Ltd trading as IT Buyers ABN 65 159 167 941 (IT Buyers, Company, We, Our, Us and other similar terms) and you (Customer, You, Your and other similar terms). These terms and conditions apply to the Goods ordered by Us via Our Website located at the URL www.itbuyers.com.au (Site).

Our contact information is as follows:
Realised Technologies Pty Ltd trading as IT Buyers ABN 65 159 167 941
Level 2, 13-15 Winkworth Street Bungalow QLD 4870
Telephone: 07 4015 2914
Email: info@itbuyers.com.au
13-15 Winkworth St Bungalow QLD 4870
Telephone: 07 4051 4200

1.1 Offer to purchase

The terms and conditions in this document apply after You have made an Offer to purchase the selected Goods from the Company at the prices indicated. The price of the Goods includes:

(a) the Goods ordered;

(b) any applicable taxes;

(c) any shipping costs as shown; and

(d) any insurance to the Customer’s nominated delivery address.

1.2 Acknowledgment

(a) You acknowledge and agree that You have had sufficient opportunity to read and understand the terms and conditions on which We are prepared to accept Your Offer and that You are legally able to make such an Offer.

(b) You acknowledge that these terms and conditions were brought to Your attention prior to making the Offer to purchase the selected Goods.

(c) If making an Offer, You warrant that:

  1. the information provided regarding the delivery address and Your contact information is accurate; and
  2. You understand that We may contact You to confirm the details that You have provided to Us in regard to Your Offer and Your Account with Us.

2. Definitions & interpretation

2.1 Definitions

In this agreement, unless the context or subject matter otherwise requires:

  • Account means the details including a user name and password that provides You with access to Our Website.
  • Agreement means the terms and conditions contained in this Terms of Sale, including any schedules, annexures or documents incorporated by reference.
  • Anticipated Shipping Time means the amount of time that the Company expects that it will take before the Goods will be shipped.
  • Australian Consumer Law means the law as set out in the Competition and Consumer Act 2010(Cth).
  • Charges means all other costs which You agree to accept as shown on Our Website at the time You agreed to be bound by the terms and conditions contained in this Agreement.
  • Consequential Loss means loss in the nature of: loss of income, loss of revenue, loss of profit, loss of production, loss of goodwill, loss of use, loss of financial opportunity, financing costs, loss of business or loss of business opportunity, loss of contract, loss from third party claims or failure to realise anticipated savings (whether the loss is direct or indirect) other than any loss specifically addressed in this Agreement.
  • Customer means You, a Party to this Agreement that has made an Offer to purchase the selected Goods from the Company on the terms and conditions contained herein.
  • Goods means those items which You have offered to purchase from IT Buyers as shown in Your Order Form.
  • GST means goods and services tax or other tax that is substituted or replaces the GST tax.
  • Offer means the offer by the Customer to purchase the selected Goods from Us as shown in the Order Form provided.
  • Order Form means a form that contains Your Offer to purchase the selected Goods from Us as shown in the checkout on the Site.
  • Order means an Offer which has been accepted by the Company to provide the Goods to the Customer on the terms contained in this Agreement.
  • Parties or Party means IT Buyers and the Customer that are parties to this Agreement as the case and the context requires.
  • Price means the total amount of money to be paid for the Goods shown on the Order Form received from You or another on Your behalf, such price being a Single Figure Price.
  • Returns Policy means the Company’s policy by which it will allow Customer to return Goods as provided on the Site https://itbuyers.com.au/returns/
  • Single Figure Price means the price of the Goods inclusive of any other charges and taxes.

2.2. Interpretation

In this Agreement:
(a) a reference to:

  1. one (1) gender includes the others;
  2. the singular includes the plural and the plural includes the singular;
  3. a person includes a body corporate;
  4. a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
  5. a Party includes the Party’s executors, administrators, successors and permitted assigns;
  6. statute, regulation or provision of a statute or regulation (Statutory Provision) includes:
    1. that Statutory Provision as amended or re-enacted from time to time; and
    2. a statute, regulation or provision enacted in replacement of that Statutory Provision;
  7. an amount of money is to an amount in Australian dollars ($AUD);
  8. time is to Australian Eastern Standard Time; and
  9. a schedule refers to a schedule contained in this Agreement;

(b) including and similar expressions are not words of limitation;

(c) where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;

(d) headings and the table of contents are for convenience only and do not form part of this Agreement or affect its interpretation;

(e) where a day on or by which an obligation must be performed or an event must occur is not a business day, the obligation must be performed or the event must occur on or by the next business day; and

(f) a provision of this Terms of Sale must not be construed to the disadvantage of a Party merely because that Party was responsible for the preparation of this Agreement or the inclusion of the provision in it.

3. Operative part

3.1 Sale and purchase

The Customer has offered to purchase the Goods shown on the Order Form provided to Us via the Site and agrees that the terms and conditions contained in this Agreement apply to the Order.

3.2 Placement of Orders

(a) An Offer may be accepted by Us at any time after it is received.

(b) We may decline any Offer received for any reason in Our absolute discretion.

(c) If we accept an Offer, We may, within three (3) days of receipt of the Order Form, decline to complete the Order by providing the Customer with written notice and a refund of any money paid. If We decline to complete an Offer pursuant to within three (3) days, You agree that You are limited to seeking a refund of money paid.

3.3 Acceptance of Offer

(a) The Offer is accepted and becomes an Order when We accept the Offer as contained in the Order Form.

(b) Once Your Offer is accepted, We sell to You, and You buy from Us the Goods on the terms and conditions contained in this Agreement.

3.4 Sale by sample

(a) If You Order Goods from Us pursuant to a sample We have provided to you, and such Order is said to be a sale by sample, We will deliver to You Goods corresponding to the samples provided.

(b) If the Goods delivered by You to You correspond with the sample made available to the Customer at or before the time the Customer provides Us with an Offer, these Goods are taken to conform with the sample provided, unless You notify Us in writing within five (5) days of any major variations between the samples inspected and the Goods provided.

(c) The Customer acknowledges that minor variations between the sample and the Goods as delivered do not breach this clause.

3.5 Delivery

(a) We will use our best endeavors to deliver the Goods to the address supplied by You within the Anticipated Shipping Time.

(b) In this clause 3.5, time is not of the essence.

(c) You consent to Us using a shipping company of Our choice to deliver the Goods to You.

3.6 Insurance

We will arrange for the Goods Ordered to be insured during delivery.

3.7 Price

The Prices quoted by the Company and shown on the Order Form provided and apply at the time the Offer is made by You and not at any other time.

3.8 GST

The Price is inclusive of GST.

4. Use of Account

4.1 Account and password

You agree to keep any passwords provided by Us to Our Site confidential. You are expressly prohibited from sharing Your account details with third parties.

4.2 Termination of Account

(a) We reserve the right to limit, cancel, suspend or terminate Your Account without notice to You and without providing a reason if We believe:

  1. You are breaching any of the terms of this Agreement which cannot be remedied; or
  2. Your use of the Account may be a breach of a third party’s intellectual property rights.

(b) You agree not to hold the Us liable for claims, demands or damages (including actual and consequential) of any kind for the closing of Your Account.

5. Title and risk and payment

(a) We reserves Our rights in relation to the Goods until all payments owed by You to Us are fully paid. These are rights:

  1. to ownership of the Goods;
  2. to enter Your premises (or the premises of any associated company or agent where the Goods are located) without liability for trespass or any resulting damage and retake possession of the Goods; and
  3. subject to, and in accordance with, the Personal Property Securities Act 2009 (Cth), to keep or resell any Goods repossessed pursuant to paragraph 5(a)(ii) above.

(b) If You resell the Goods or any products manufactured using the Goods, You must hold part of the proceeds of any such sale, as represents the invoice price of the Goods sold or used in the manufacture of the Goods sold, in a separate identifiable account as the beneficial property of IT Buyers. You must pay this amount to Us upon request. Despite these provisions, We are entitled to maintain an action against You for the Price and the risk of the Goods pass to You upon delivery.

(c) Prior to title in the Goods passing to You under the terms of this agreement, You agree that:

  1. You have no right or claim to any interest in the Goods to secure any liquidated or unliquidated debt or obligation We owes to You;
  2. You cannot claim any lien over the Goods;
  3. You will not create any absolute or defeasible interest in the Goods in relation to any third party except as may be authorised by Us; and
  4. where You are in actual or constructive possession of the Goods:
    1. You will not deliver them or any document of title to the Goods to any person except as directed by Us; and
    2. it is in possession of the Goods as a bailee of those Goods and You owes Us the duties and liabilities of a bailee.

(d) In connection with the Goods, We state to You that:

  1. We have the right to supply the Goods to You;
  2. Our activities in supplying the Goods do not infringe the rights of the owner of the Goods (where We are not the owner of the Goods); and
  3. if the Goods are not owned by Us, that We are authorised to supply the Goods to You.

(e) The Parties agree that:

  1. the property of the Company in the Goods remains with Us until You have paid in full for the Goods under all individual contracts for the supply of the Goods;
  2. You are a bailee of the Goods until property in them passes to You and this bailment continues in relation to each of the Goods until the price of the Goods has been paid in full; and
  3. pending payment in full for the Goods, You:
    1. must not supply any of the Goods to any person outside of Your ordinary or usual course of business;
    2. must insure the Goods for their full insurable or replacement value (whichever is the greater) with an insurer licensed or authorised to conduct the business of insurance in the place where You carry on business; and
    3. must not remove, deface or obliterate any identifying plate, mark or number on any of the Goods.

(f) If You supply any of the Goods to any person before all moneys payable by You have been paid to Us, You agree that:

  1. You hold the proceeds of re-supply of the Goods on trust for and as agent for Us immediately when they are receivable or are received;
  2. You must either pay the amount of the proceeds of re-supply to Us immediately when they are received, or pay those proceeds into an account with a bank or a financial institution or deposit-taking institution as trustee for Us;
  3. any accessory or item which accedes to any of the Goods by an act of Yours, or of any person at Your direction or request, becomes and remains the property of the Company until We are paid in accordance with paragraph 5(e)(i); and
  4. if You fail to pay for the Goods within the period of credit (if any) extended by Us to You, subject to, and in accordance with, the Personal Property Securities Act 2009, We may recover possession of the Goods at any site owned, possessed or controlled by You and You agree that We have an irrevocable licence to do so.

6. Refunds & Returns

6.1 No refunds

(a) Subject to clause 8 and to the maximum extent permitted by law, the Company does not issue refunds for Goods purchased.

(b) Without limiting the preceding clause 6.1(a), the Company does not offer refunds where:

  1. You have changed Your mind; and
  2. the Goods have, as determined by the Company acting reasonably, been removed from its packaging, interfered with, or otherwise tampered with.
  3. We will consider claims for refunds where there is a genuine claim on a case by case basis.

6.2 Returns

The Company will deal with the return and refunds for damaged and defective Goods according to Our Returns Policy which is available here

7. Disclaimer of warranties

(a) You expressly acknowledge and agree that, to the maximum extent permitted by law subject to the Company’s compliance with the obligations contained in the Competition and Consumer Act 2010(Cth)(ACL) its officers, employees, agents, expressly disclaim all warranties of any kind, whether express or implied, except the warranties that the Goods are provided with clear title, are of acceptable quality, are fit for the particular purpose for which they were supplied and that they comply with their description (Non-Excludable Provisions).

(b) the Company makes no warranty that:

  1. the Goods will meet Your exact requirements; and
  2. the performance of the Goods will meet your expectations.

(c) Customer warranties
The Customer warrants that:

  1. the Goods have been obtained at the Customers own discretion and risk;
  2. it will use the Goods strictly as required by any guidelines or recommendations provided by the Company;
  3. it has made its own investigations into the suitability of the Goods and is not relying on any representation not expressly made by the Company;
  4. no advice or information, whether oral or written, obtained from the Company in relation to the Goods creates any warranty not expressly stated herein.

7.2 Warranties for the Goods

(a) In addition to the warranties listed in this clause 7, You agree that:

  1. the Goods purchased by You from Us are covered by warranties from the manufacturer;
  2. You will do all things necessary to register and make claimable the warranties provided by the manufacturer of the Goods;
  3. if the Goods are defective or do not meet the advertised standard, You will claim on the warranty provided by the manufacturer and You will do all things necessary to claim on the manufacture’s warranty; and
  4. We do not provide to You any warranty that is claimable in relation to the Goods.

(b) When You are required to claim a warranty in relation to the Goods, You agree that You must contact the manufacturer of the Goods to engage their warranty.

(c) You Agree that You must comply with this clause 7.2 prior to clause 8 of this Agreement being enforceable by You.

8. Limitation of liability

(a) Subject to any claims made because of a breach of a Non-Excludable Provision available under the ACL, the Company, its employees, officers and agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of Consequential Loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:

  1. any inaccurate or incorrect information provided about the Goods;
  2. the Customer’s use of the Goods;
  3. any failure or delay including, but not limited to, the use or inability to use the Goods;
  4. any interference with or damage to Customer’s computer systems which occurs in connection with use of the Goods.

8.2 Agreed liability

(a) For claims that cannot be excluded or restricted under ACL, the liability of the Company for such a claim will (at the Company’s option and to the extent permitted by law) be limited to:

  1. in the case of Goods:
    • (A) replacement of the Goods or the supply of equivalent Goods;
    • (B) the cost of replacing the Goods or acquiring equivalent Goods;
    • (C) repair of the Goods; and
    • (D) the cost of having the Goods repaired; or whichever is the greater.

(b) Nothing in this Agreement attempts to limit or exclude liability of the Company in compliance with section 64 of Schedule 2 of the ACL.

9. Indemnity

(a) The Customer indemnifies, and must keep indemnified, the Company and its employees officers and agents, against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by the Company, arising from or in connection with, either directly or indirectly the Customer’s breach of any of its obligations contained in this Agreement, including but limited to the making of a warranty that is inaccurate or incomplete.

(b) The Customer indemnifies, defends and holds harmless the Company, its employees, officers, authorised representatives and agents (Indemnified Parties) against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a solicitor and own client basis) that the Indemnified Parties may incur or suffer as a direct or indirect result of:

  1. Your breach of any provisions of this Agreement;
  2. Your negligent acts or omissions;
  3. Your actual or alleged breach of any law, legislation, regulation, by-law or code of conduct; or
  4. any claims brought by or on behalf of a third party relating to any act or omission by You, including infringement of a third party’s intellectual property rights.

10. General provisions

(a) Approvals and consents – Except where this Agreement expressly states otherwise, a Party may, in its discretion, give conditionally or unconditionally or withhold any approval or consent under this Agreement.

(b) Assignment – The Company may assign any of its rights and obligations under this Agreement by notifying the other Party of such an assignment. You may not assign Your rights under this Agreement without Our prior written consent, which may be granted or withheld at Our complete discretion and, if granted, may be subject to conditions.

(c) Costs – The Parties to this Agreement must pay their own costs of negotiating and executing any instrument or document executed to give effect to it.

(d) Entire agreement – This document contains the entire agreement between the Parties in connection with its subject matter and supersedes all previous agreements and understandings except as otherwise provided herein.

(e) Governing law and jurisdiction – The laws of Queensland and Australia govern this Agreement. The Parties submit to the non-exclusive jurisdiction of the Supreme Court of Queensland and the Federal Court of Australia.

(f) No merger – The rights and or obligations of the Parties under this Agreement do not merge on completion of any transaction contemplated by this Agreement.

(g) Notices – A notice, approval, consent or other communication in connection with this agreement must be in writing sent to the address of the receiving Party appearing in this Agreement or such other address as may be communicated by the receiving Party, marked for the attention of any person nominated for that purpose by the receiving Party (and who in the absence of any such nomination is the signatory to this agreement on behalf of the Party), and may be sent by prepaid post (air mail if international), courier, facsimile transmission or electronic mail. A notice, approval, consent or other communication is taken to have been received:

  1. two (2) Business Days after sending if sent by post (five (5) Business Days if sent to or from a location in another country);
  2. if sent by courier, at the time indicated by the records of the courier;
  3. if sent by electronic mail, on receipt by the sender of an acknowledgment indicating that the mail item was received by the recipient.

(h) Severance – If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in full force and effect.

(i) Survival – Any clause which is expressed to survive, or which by its nature is intended to survive termination of this Agreement, survives termination.

(j) Warranties regarding capacity – You represents to Us that as at the date of this Agreement:

  1. You have taken all necessary action to authorise Your entry into and performance of this Agreement;
  2. You have the power to enter into and perform its obligations under this Agreement; and
  3. its obligations under this Agreement are valid and binding and enforceable against it in accordance with its terms.