Terms and Conditions
PLEXUS COMMUNICATIONS – ONLINE TERMS AND CONDITIONS
1. FORMATION OF CONTRACT
2.1 No Contract comes into existence until the Customer’s order has been accepted by Plexus Communications and such acceptance has been received by the Customer. The Customer warrants that it is buying for its own internal use only and not for re-sale purposes
2.2 The products sold and/or services rendered are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by the Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions. Neither Plexus Communications’ acknowledgement of a purchase order nor its failure to object to conflicting, different, or additional terms and conditions in a purchase order will be deemed an acceptance of such terms and conditions or a waiver of the provisions.
2. ORDERS, PRICE AND PAYMENT
2.1 Unless credit terms have been expressly agreed by Plexus Communications, payment for the Products and/or services must be made in full before physical delivery of Products and/or services.
2.2 The Customer will pay for all applicable shipping and handling charges.
2.3 The Customer will bear all goods and services tax as per rates established by the Australian Government. All prices are in Australian dollars.
2.4 Plexus Communications respects your privacy and values the security on transactions over the internet. All personal information and credit card information in the check out process is encrypted using a 128 bit secure Rapid SSL Certificate. Rapid SSL with Wildcard Certificate Communications uses of Secure Socket Layers (EV SSL) toD encrypt all data provided by the Customer. The following surcharges apply:
– VISA (3% surcharge on invoice total)
– MasterCard (3% surcharge on invoice total)
– American Express (4% surcharge on invoice total applies for payments by American Express Cards)
2.5 Plexus Communications will appear on your financial institution statement as the company you have paid for your products and services.
2.6 Customers have the option of paying by Credit Card Offline by selecting ‘Phone Ordering’ in Payment Method section of Check out process
3.1 All software provided is subject to the terms and conditions of the license agreement relating to that software. The Customer acknowledges its obligations to abide by such license agreements. The Customer acknowledges that Plexus Communications does not make any express warranty in relation to any software under these Terms and Conditions of Sale. In addition to any rights the Customer may have under statute, all software is warranted in accordance with the license agreement that governs its use.
3.2 All rights, title or interest in respect of the intellectual property rights in the software remain with the licensor of the software at all times.
4. TITLE AND RISK
Title to and risk in the Products passes to the Customer upon delivery of the Products to the Customer. Title to those products, which are software, shall remain with the applicable licensors at all times.
5.1 Plexus Communications will deliver the Products to the Place of Delivery.
5.2 For the efficiency of Plexus Communications’ production and fulfilment procedures, it may be necessary for Plexus Communications to deliver the Products by instalments in any sequence. Except as provided in clause 6.4, the Customer may not cancel the Contract where Products are delivered by instalments.
5.3 Any dates provided by Plexus Communications for the delivery of the Products are estimates only and will not form part of the Contract. Actual delivery date will be affected by factors such as clearance of payment, Customer’s location and availability of parts for the Products. For non Consumer Contracts, Plexus Communications will not be liable for any delay in delivery of the products and/or services, howsoever caused.
5.4 Customer may cancel an order for Products purchased under a Consumer Contract if Plexus Communications is unable to deliver the Products within 14 days from the estimated delivery date.
5.5 Plexus Communications has a policy of on-going Product update and revision. As a result, Plexus Communications may revise and/or discontinue Products at any time without notice.
5.6 Where Products ordered under a Consumer Contract have been revised and/or discontinued, Plexus Communications will supply revised or updated Products with the same or better functionality and performance of the Products ordered. The Customer accepts that Plexus Communications’ policy may result in differences between the specification of Products delivered to the Customer and the specification of Products ordered.
6. ACCEPTANCE OF PRODUCTS
6.1 Unless the Customer notifies Plexus Communications to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Products will be deemed to have been accepted by the Customer. The Customer will not be entitled to withhold payment of all or any of the price of the Products whilst any claim is being investigated by Plexus Communications.
6.2 Nothing in clause 7.1 affects a Customer’s right to claim against Plexus Communications for a faulty product, or under their rights under statute.
6.3 The customer has the right to refuse acceptance of products if they are in poor packaging condition. Please note that Plexus Communications only permits the return of unopened products due to a Plexus Communications shipping or order processing error and that all other sales are final.
7.1 Nothing in this clause 8 affects a Customer’s rights under the Australian Consumer Law.
7.2 If there is an initial issue with a product, there are 2 options available to the Customer:
a) Contact the supplier/manufacturer to arrange for your replacement or repair based on their terms and conditions of warranty
b) Or Plexus Communications can facilitate the repair and return of the product to you. All shipments to and from us will be charged back to you. If you choose this method, you should contact us first to arrange for the delivery and shipment charges.
7.3 Unless specified otherwise and in addition to any rights the Customer may have under statute and subject to this clause 8, Plexus Communications warrants to the Customer that products ordered through Plexus Communications branded products should be free from defects in materials and workmanship affecting normal use for a period of one year from the invoice date.
7.4 In the case of faults This Standard Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorised by Plexus Communications, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; Products with missing or altered Service Tags or serial numbers; any attempt by any person other than Plexus Communications personnel or any person authorised by Plexus Communications, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by Plexus Communications.
7.5 Products provided by Plexus Communications-branded products may be accompanied by their manufacturer’s standard warranties. The Customer acknowledges that where support is required in relation to non Plexus Communications-branded products it may be more efficient and expedient to seek support under the manufacturer’s standard warranties, at least at first instance.
8. SERVICE AND TECHNICAL SUPPORT
Plexus Communications will provide general service and technical support to the Customer in accordance with the then-current service and technical support policies in effect. Service and support offerings may vary from product to product. Plexus Communications has no obligation to provide service or support until Plexus Communications has received full payment for the Product or service/support contract for which service or support is requested.
9.1 Plexus Communications will not be liable in contract or in tort for any loss or damage suffered and the Customer’s rights are limited to those set out in these Terms and Conditions and under statute.
9.2 Plexus Communications’s total liability in respect of each event or series of connected events will not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.
9.4 Plexus Communications and the Customer agree that Plexus Communications’s liability:
(a) for Products supplied under a Consumer Contract, is governed solely by the Australian Consumer Law;
(b) for Products not supplied under a Consumer Contract does not extend to any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services, even if Plexus Communications has been advised of their possibility.
9.5 Any service response times stated by Plexus Communications in the service contracts are approximate only and Plexus Communications will not be liable for any direct or indirect loss or damage arising from its failure to meet such response times.
9.6 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Plexus Communications will be subject to correction without any liability on the part of Plexus Communications.
10. BACKUP OF DATA
10.1 Products are complex items of equipment that may occasionally fail, due to external causes or internal faults. This failure can result in the loss, corruption, deletion or alteration of software or data (including user-generated data).
10.2 Unless the Customer regularly and continually backs up all data, software and programs, these may be lost or corrupted in the event of failure.
10.3 Customer agrees to regularly and continually back up all data and software stored on the Product, and to complete a backup prior to seeking any general service and technical support from Plexus Communications.
11. USE OF PRODUCTS
11.1 Products supplied by Plexus Communications are designed for specific applications and purposes to work under certain operating conditions. These are set out in the information accompanying the products. Customer’s use of the Product other than in accordance with any manual, operating instructions, specified operating conditions or any other information provided with the product on the Plexus Communications website may damage the Product and data stored on it. Such use may adversely affect the Customer’s rights.
11.2 The Customer agrees to only use the Product in accordance with any manual and any specified operating conditions.
13. BUSINESS USAGE
Where Products are bought for business usage the Customer warrants to implement appropriate means and procedures to ensure operational continuity of the business in the event that the Product experiences any performance failures. This may include disaster recovery plans, comprehensive data back up plans and the implementation of redundant networks.
15. FORCE MAJEURE
Neither party will be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party will be entitled to a reasonable extension of time for the performance of such obligations.
16. GOVERNING LAW
These Terms and Conditions are governed by and construed in accordance with the laws of the Australian Commonwealth and are subject to the non-exclusive jurisdiction of the courts of the Australian Commonwealth.
17.1 The Customer must not assign or otherwise transfer any Contracts or any of its rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Plexus Communications. Any such unauthorised assignment will be deemed null and void.
17.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question will not be affected.
17.3 No failure or delay on Plexus Communications’s part in exercising any power or right under these Terms and Conditions operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010.
Contract means a contract for sale by Plexus Communications to the Customer of the Products and/or services incorporating these Terms and Conditions.
Consumer Contract means a contract for the acquisition of goods or services as a ‘consumer’ as that term is defined in section 3 of the Australian Consumer Law.
Critical Component means any component of a system used in High Risk Circumstances.
Customer means the person or legal entity identified in Plexus Communications’s Quotation or Invoice.
Plexus Communications means Plexus Communications Australia Pty Ltd.
Extended Warranty means additional warranty protection, purchased by the Customer, that is in addition to the Standard Warranty.
High Risk Activities means use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, medical life support, mass and air traffic control, weapons systems, life-support machines or any other application in which the failure of the Products could lead directly to death, personal injury or severe physical or property damage.
Order Confirmation means formal acknowledgement of Product ordered by Customer, sent by Plexus Communications.
Place of Delivery means the place designated by the Customer and agreed to by Plexus Communications for delivery of Product.
Price means the price as per Plexus Communications Quotation and Order Confirmation and the latter will have precedence.
Products means the products as described in Order Confirmation and may include Plexus Communications-branded products, third party products and Service Offerings.
Service Offerings means the different service options offered by Plexus Communications for the Products or any part of them and for varying periods, as described in Plexus Communications’s published literature, including but not limited to Plexus Communications’s Invoice and/or Plexus Communications’s Service Description.
Service Offerings means the different service options offered by Plexus Communications for the Products (or any part of the Products), as described in Plexus Communications’s published literature, including but not limited to Plexus Communications’s Invoice and/or Plexus Communications’s Service Description.
Standard Warranty means the warranty protection that comes standard with purchases from Plexus Communications, as set out in clause 8 of these Terms and Conditions.
Third Party Products means products other than Plexus Communications-branded.