Trading Terms and Conditions
CMYKit Pty limited
ABN 82 138 026 105
CMYKit takes pride in the quality of its products and services supplied to customers.
Customers are requested to inform CMYKit if there is dissatisfaction with the services.
As a part of our quality procedures, it is important that CMYKit and the customer agree on the terms on which business is to be transacted. These terms and conditions are current for trading with CMYKit at the time of issue, however the terms and conditions may vary from time to time.
In these conditions unless the contrary intention appears:
“Additional Charges” includes all delivery, handling charges, goods and services tax, stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Price, payable by the Customer to CMYKit arising out of the provision of the Services.
“Customer” means the person to or for whom the Services are to be supplied by CMYKit Pty Limited.
“CMYKit” means CMYKit Pty Limited, ABN 82 138 026 105.
“Intellectual Property” means all forms of intellectual property including, without limitation, patents or rights to apply for patents for inventions, copyright, including copyright in computer programs, circuit layout rights, confidential information, registered designs and trade marks.
“Price” means the list price for the Services as charged by CMYKit at the date of provision of the Services or such other price as may be agreed by CMYKit and the Customer prior to provision of the Services.
“Services” means the services supplied to the Customer by CMYKit, which may include the provision of goods.
“Software” means any computer program used or supplied by CMYKit to the Customer in providing the Service, including any source code, which is not licensed or purchased from a third party supplier by CMYKit.
2. Order for Services
2.1 An order given to CMYKit is binding on CMYKit and the Customer, if:
2.1.1 a written acceptance is signed for or on behalf of CMYKit; or
2.1.2 the Services are provided by CMYKit in accordance with the order.
2.2 An acceptance of the order by CMYKit is then to be an acceptance of these conditions by CMYKit and the Customer and these conditions will override any conditions contained in the Customer’s order. CMYKit reserves the right to accept a part only of any order by notifying the Customer in writing or by providing that part of the Services to the Customer. No order is binding on CMYKit until accepted by it.
2.3 An order which has been accepted in whole or in part by CMYKit cannot be cancelled by the Customer without obtaining the prior written approval of CMYKit, which it may refuse in its absolute discretion. The Customer must immediately pay CMYKit in full for any Services performed up until CMYKit’s approval of such cancellation.
3.1 Certain laws imply terms, conditions and warranties (“Prescribed Terms”) into contracts for the supply of goods and prohibit the exclusion, restriction or modification of such terms, conditions and warranties. The liability of CMYKit in respect of a breach of a Prescribed Term or any warranty made under these terms and conditions is limited, to the extent permissible by law and at the option of CMYKit, to the:
3.1.1 reperformance of the Services;
3.1.2 payment of the cost of reperfoming the Services;
3.1.3 refund of the Price paid by the Customer.
3.2 Unless the terms and warranties are included in these standard terms and conditions, all prior discussions, quotations, warranties and Prescribed Terms, to the extent permitted by law, are excluded.
4. Price and Payment
4.1 The Customer must pay the Price and the Additional Charges to CMYKit.
4.2 If the Customer is in default, CMYKit may at its option withhold further services or cancel a contract without prejudice to any of its existing rights.
4.3 All payments are due within 21 days of the date of invoice.
Interest is charged at the rate of 1.5% per month or part of a month from the expiry of that period until the date payment is received by CMYKit.
5. Service and Repair
5.1 The Services are provided on either a fixed price or hourly rate basis, as determined by CMYKit from time to time.
Hourly rates do not include travelling time to and from the Customers premises.
5.2 CMYKit warrant that the Services will be conducted in a good and workmanlike manner.
5.3 CMYKit’s liability for carrying out the Services is limited to the cost paid by the Customer for such work or the redoing of the work by CMYKit, at its option. CMYKit will not be liable for any consequential or indirect loss or damage incurred by the Customer however arising. To the extent permissible by law, all warranties, whether statutory or otherwise, are excluded.
6. Software Licence and Intellectual Property
6.1 CMYKit may supply Software to the Customer in the performance of the Service. Software is supplied by CMYKit strictly on the basis that the Customer is granted a single non-exclusive, non-transferable licence to use the Software. Such licence may be terminated by CMYKit in its sole discretion upon immediate notice to the Customer.
6.2 The Customer must not distribute, modify, sub-licence, enhance, reverse engineer or re-sell the Software, or incorporate the Software in any other software.
6.3 The Customer acknowledges and agrees that all Intellectual Property rights in the Software are the property of CMYKit.
7. Goods and Services Tax
Goods and Services Tax (GST) will be shown separately in the tax invoice for the sale of the Goods. The amount of GST payable in respect of the supply of the Goods is payable by the Customer. The Customer must indemnify CMYKit in respect of GST paid and payable by CMYKit for the supply of the Goods.
8.1 These terms and conditions are to be construed in accordance with the laws from time to time in the State of New South Wales and the Commonwealth of Australia.
8.2 These standard trading conditions contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
8.3 Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.
8.4 No waiver of any of these terms and conditions or failure to exercise a right or remedy by CMYKit will be considered to imply or constitute a further waiver by CMYKit of the same or any other term, condition, right or remedy.