The person or persons placing an order warrants that they are the Customer or are authorized to represent and do represent the person or entity named as the Customer on that order and they represent the person or entity making payment for the order and they represent the person or entity receiving delivery of the products or services ordered (all of which persons or entities will be treated as the ‘Customer’ for the purposes of these terms and conditions). The person or persons placing the order further warrants that they are authorized by the Customer to place the order and to bind the Customer to these terms and conditions.
The Customer acknowledges that at the time of placing an order to purchase a product or service from AFFINITY the Customer was already aware of or was made aware of the existence of these terms and conditions and agreed to be bound by them.
A reference in these terms and conditions to the name of AFFINITY is a reference to Affinity MSP Pty. Ltd. trading as AFFINITY MSP SERVICES (ABN: 72 636 443 457).
These terms and conditions regulate the agreement created by the Customer placing an order with AFFINITY.
All products and services are supplied on the basis of these terms and conditions. Previous versions of AFFINITY’s terms and conditions do not apply. Modification of these terms and conditions are only permitted with written approval of the Director of Affinity MSP Pty Ltd which is addressed to the Customer by name.
AFFINITY will only proceed to order goods from its suppliers after receiving a purchase order or quote approval in written form acceptable to it (eg, in writing, by email, fax, mail or other permanent form) which authorises AFFINITY to proceed with supplying and delivering the products or services ordered by the Customer in accordance with these terms and conditions.
All products supplied by AFFINITY are supplied to meet the specifications provided by the Customer in their order. Any information provided by AFFINITY in respect of any product is given to assist the Customer in selecting a product the Customer considers will meet their needs and is not intended to replace the Customer’s own investigation of the suitability of the product for the Customer’s intended purpose. AFFINITY is not qualified to provide and does not purport to provide any advice on the suitability of any of its products to meet the particular requirements of the Customer.
Descriptions of products are based on information supplied by the manufacturer or supplier and may contain technical inaccuracies or typographical errors. AFFINITY relies on the manufacturer or supplier to present the characteristics of the products its sells and does not undertake testing or verification procedures. While every effort is made to accurately pass on up to date manufacturer and supplier information AFFINITY cannot take responsibility for misstatements or errors in the product or pricing information given.
product. Unless otherwise stated in the product documentation AFFINITY makes no additional or independent warranty. Save to the extent it is obliged to do so by law AFFINITY does not warrant the performance, compatibility, integrity, merchantability and fitness for a particular purpose of any product, but merely passes through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective products.
We place great importance on the fast and reliable delivery of Customers orders. Despite this delivery times given by us are estimates only. AFFINITY will use its best endeavours to meet any nominated delivery time by dispatching ordered products in good time however delays which are beyond its control or could not reasonably be anticipated are not its responsibility and will not constitute grounds for the Customer to cancel an order or make any claim. AFFINITY may decide to dispatch orders by partial deliveries and invoice them separately. Delivery charges are identified as a separate item on invoices.
The products shall be at the Customer’s risk upon delivery to the Customer’s nominated delivery point. Unless the Customer reports a defect in the products delivered within two (2) days of delivery the products will be deemed to have been delivered to and accepted by the Customer in good order and condition.
The Customer agrees that delivery is to be treated as effected by AFFINITY (or its carrier) handing possession of the products to a person apparently over the age of 16 who is apparently employed in or in occupation of the nominated delivery address. In the event that the Customer specifies a form of delivery where no person will be able to acknowledge receipt of the delivery of the products then a certificate by AFFINITY’s carrier confirming delivery in the manner specified will be deemed to be effective delivery to the Customer. Where no person is present to receive a delivery of the products or where specified delivery instructions cannot be complied with AFFINITY may charge the Customer for the cost of re-delivery and any date for delivery is deemed to be extended by any reasonable time necessary to again arrange for delivery to the Customer.
Any products delivered to the Customer are to be held by the Customer on trust for AFFINITY and the Customer is responsible for them as if as bailee until their full price has been paid. For so long as the Customer holds the products on trust for AFFINITY the Customer is required to immediately deliver up the products to AFFINITY on demand. Any failure of the Customer to deliver up the products as required will constitute a breach of trust and a conversion of AFFINITY’s products and entitle AFFINITY to obtain an order for the immediate return of the products to it and or in default of return an order for full payment of any amount owing for them. Any actual conversion of the products by the Customer will create a trust in favour of AFFINITY in respect of the proceeds of that conversion. As trustee the Customer is liable to AFFINITY in respect of any loss or damage done to the products until they are returned (unless fully paid for). In the event that the products are returned the Customer must pay, in addition to compensation for any damage and any legal costs, 25% of the full price to cover AFFINITY’s and its supplier’s administrative and warehouse costs together with any difference between the original price paid and their resale value. The Customer expressly authorises AFFINITY to enter into any property at which the products held on trust by the Customer are stored and to remove those products. The Customer must pay AFFINITY’s legal costs of pursuing any of its rights under this clause on a solicitor own client basis.
Quotes, when given, are valid for the time period stated thereon.
All orders placed with AFFINITY are subject to acceptance. Representations made concerning product features, their availability and pricing are subject to change at any time without notice. AFFINITY reserves the right to cancel any order due to inadvertent error or omission in pricing or other details provided in respect of products.
If AFFINITY is for any reason beyond its control unable to fill an order it has accepted it will attempt to procure an available product of a similar quality having the same or better performance characteristics and will not be liable for minor differences in models or features. AFFINITY reserves the right to cancel any order accepted by it should a suitable product become unavailable at any particular time.
In the event that AFFINITY cancels any order it will only be liable to the Customer to refund or credit all amounts paid to it by the Customer in respect of that product.
AFFINITY is not to be taken to have accepted an order placed by the Customer only because the Customer provided payment in conjunction with placing the order. AFFINITY reserves the right to decline to accept an order and to refund any payment provided without designating any cause. Acceptance or rejection of an order will be communicated to a Customer in such manner as AFFINITY may choose including by the filling of that order.
The price for all products ordered by the Customer must be paid for in accordance with any applicable terms of placing the order. Otherwise payment must be made immediately upon order or on delivery unless otherwise specified on AFFINITY’s invoice. AFFINITY may permit payment to be made at some other time or upon the happening of a specified event (if any) as stated on AFFINITY’s acceptance of an order or on the relevant invoice. Where a continuing Credit Agreement is operating between AFFINITY payment may be made, where permitted, in accordance with the terms of that agreement. The Customer is not permitted to make or claim any reduction in the amount payable (whether in the nature of set-off, contra or otherwise).
Payment is required to be made in such manner as AFFINITY specifies from time to time including in any manner described on AFFINITY’s website, order forms, invoices or order acceptance documents.
In case of any product defect AFFINITY will not, under any circumstances, be liable for special, incidental, or consequential damages to the Customer or any third party including loss of profit or opportunity, even if it has been advised of or should have foreseen the possibility of the potential for such loss or damage. The maximum liability for all direct damages, if any, claimed in any action shall be limited to an amount not to exceed the purchase price of the product.
Subject to any applicable Commonwealth or State Legislation, AFFINITY’s liability for any such breach of any implied warranty term or condition shall be limited, at its sole discretion, to any of the following:
AFFINITY does not seek to exclude or limit the application of any provision of the Trade Practices Act 1974 (Cth) or the Fair Trading Act 1999 (Vic) where to do so would contravene that statute or cause any part of this clause to be void.
AFFINITY makes no express warranties other than those described as made by it as referred to in clause 4 and 12. AFFINITY otherwise excludes any other conditions, warranties and terms implied by statute, general law, international convention or custom except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void.
All sales shall be deemed made in the state of Victoria. Australia regardless of the location of the Customer. The Customer agrees that any dispute with AFFINITY shall be brought by the Customer exclusively in the state or federal courts situated in the State of Victoria, Australia and be determined by the application of the laws in force in Victoria, Australia.
AFFINITY warrants that it has good title to all the products it sells.
In the event any section or portion of a section of these Terms and Conditions of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms and Conditions of Sale, and the remaining terms shall continue in full force and effect.
The Customer consents to AFFINITY retaining all information received from the Customer in accordance with its published privacy policies and any applicable privacy laws. Whilst AFFINITY will use its best endeavours to enforce strict compliance by its staff and contractors with those guidelines it is not possible to absolutely guard against potential misuse of information due to the possibility of unauthorised acts by individuals. You the Customer agree that AFFINITY will not be held responsible or be held liable for any loss or damage caused to the Customer as a result of the actions of any servant or agent of AFFINITY or any other third party failing to comply with those privacy policies or any applicable privacy laws.
You the Customer warrant that all information provided by you to AFFINITY which is of a personal nature is provided in compliance with all applicable privacy laws and you agree to indemnify AFFINITY against all expenses, losses, damages or costs (on a full indemnity basis) that AFFINITY may incur as a result, directly or indirectly, of a breach by the Customer of that warranty. Until the Customer notifies AFFINITY to the contrary the Customer agrees to receive electronic communications from AFFINITY in the form of advertising material.