Terms of Trade | Mr Scanman | The Barcode Experts
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Home Page > Terms of Trade

Terms of Trade

 Please read this document.  It is important.   It contains the terms of the agreement between Mr Scanman and the Purchaser, for the sale of certain products including hardware and software to the Purchaser. This agreement contains the entire agreement between Mr Scanman and the Purchaser and except as otherwise agreed in writing this agreement prevails over any provisions to the contrary which may appear on any order form or other document issued by the Purchaser.

Operative Provisions

1.                  Interpretation

"Mr Scanman" means Mr Scanman its successors and assigns.

"Purchaser" means the party purchasing goods and or services supplied by Mr Scanman.

"Goods" means the Mr Scanman products supplied by Mr Scanman to the Purchaser set out in the Proposal.

"Specified Period" means a period of 14 days from the date of a Mr Scanman invoice.

"Price" means the amount payable by the Purchaser to Mr Scanman for the Goods as set out in the Proposal.

"Purchase Order" means an official purchase order duly signed by an authorised officer of Purchaser that sets out the Goods, Price and any taxes and other costs.

"Software" means software in or with the Goods which assists or drives the operation of the Goods and includes Mr Scanman Software and Third Party Software.

"Mr Scanman Software" means software in the Goods, the intellectual property in which is owned by Mr Scanman or a related company.

"Third Party Software" means software licensed by a third party to Mr Scanman for inclusion in the Goods.

2.                  Supply of the Goods and Licence of the Software

Mr Scanman will supply the Goods and licenses the Software to the Purchaser.  If the Purchase Order so provides, Mr Scanman will provide installation services for the additional fee referred to in the Proposal.

3.                  Purchaser to Pay Price, Taxes and Delivery Charges

The Purchaser will pay the Price, all taxes, delivery and insurance charges whether they are set out in the Proposal (as varied under the succeeding clause) or not.  The Purchaser will pay the Price and all other amounts owing to Mr Scanman within 14 days of Invoice.  If the Purchaser fails to pay monies owing within the Specified Period the Purchaser, at Mr Scanman’s request, will pay interest on the unpaid amount at the rate for overdrafts of $100,000.00 charged by Mr Scanman's bank.  Interest will accrue daily and may be capitalised monthly without notice.

4.                  Exchange and Tax Fluctuation

If, following the date of the Purchase Order, there is an increase in any existing tax, the introduction of a new tax, or variation in the exchange rate of any currency of 5% or more affecting the cost to Mr Scanman of importing any Goods Mr Scanman may increase the price by notice to the Purchaser to include the additional cost to Mr Scanman. 

5.                  Reservation of Title and Risk

Mr Scanman will remain the owner of the Goods until Mr Scanman has received, in cleared funds, the Price and all other monies owing under this agreement.  The risk in the Goods will pass to the Purchaser immediately the Goods have been taken by a carrier for delivery to the Purchaser.  The Purchaser will insure them for their full value with a reputable insurer.

6.                  Intellectual Property

The Purchaser acknowledges and agrees that all patent rights, design rights, copyright, trade marks and other intellectual property in the Goods and the Software is the property of Mr Scanman (or an entity related to Mr Scanman), or in the case of Third Party Software, a third party which has licensed the Third Party Software to Mr Scanman.  The Purchaser will not copy, reverse engineer or purport to deal with or dispose of such intellectual property.

7.                  Maintenance

Mr Scanman will not be obliged to provide maintenance for the goods unless a separate maintenance agreement is entered into.

8.                  Installation

If Mr Scanman is to provide installation services the Purchaser will give Mr Scanman access to its premises and provide all necessary assistance, power supply, and safe and appropriate working conditions to enable it to do so.

9.                  Mr Scanman Warranty

Mr Scanman warrants that the Goods will be free from manufacturing defects for a period of 12 months following the date of supply.  Mr Scanman will repair or replace defective Goods provided they have not been the subject of misuse, inappropriate power supply or used with inappropriate accessories or other products and have not been altered or maintained by persons other than Mr Scanman.  The Purchaser will arrange and pay the cost of transport of Goods to and from Mr Scanman under this clause

10.               Limitation of Liability

This clause does not exclude or limit any warranty or term implied by statute (including the Trade Practices Act, 1974) which cannot be excluded or limited.  Other than such warranties and terms, all terms, warranties and conditions which are not expressly stated in this agreement are excluded.  The Purchaser uses the Goods at its own risk and Mr Scanman will not be liable for damage to property of any person, personal injury or death of any person, consequential loss, loss of profit or interruption of business.  The liability for any breach of this agreement or for negligence by Mr Scanman is limited at the option of Mr Scanman to the replacement of the Goods, the repair of the Goods, the payment of the cost of repair or replacement of the Goods and if the breach relates to services, resupplying the services or paying the cost of having them resupplied.

11.               Trading Trusts

If the Purchaser is a trustee of a trust, the Purchaser enters into this agreement in its own capacity and its capacity as trustee of such trust. 

12.               Purchaser Warranties

The Purchaser warrants that it purchases the Goods for use in the ordinary course of its business and not for ordinary household or domestic use.
13.               Returns
Returns will be subject to the Mr Scanman Returns Policy published on this website. Returns are approved at Mr Scanman's absolute discretion. Each claim for the return of products by the Customer will be dealt with in accordance with the Returns Policy. Mr Scanman will not be liable for any damage or defects in the products that have been caused by the improper storage, warehousing or transport, or by any neglect, abuse or improper use by the customer.

14.               Jurisdiction
This Agreement shall be governed by the laws of the State of New South Wales, Australia. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts located in the State of New South Wales and you consent to such jurisdiction and venue.

 

 

 

Terms of Trade     January 2009

 

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