globalone agrees to supply goods ("Products") and/or services ("Services") to the Customer on these standard terms and conditions ('Terms").
2.1 All notices must be in writing and sent by mail, hand delivery or transmitted by facsimile to the address or facsimile number of the receiving
party and shall be deemed delivered, in the case of:
a) hand delivery, on delivery;
b) posting, three days after dispatch; and
c) facsimile, on completion of complete and legible transmission.
2.2 No leniency, indulgence or extension of time granted by globalone to the Customer will prejudice any of globalone 's rights in any way or constitute a waiver of any of globalone 's rights.
2.3 If any of these Terms are for any reason declared to be or become unenforceable, invalid or illegal, the remaining Terms will remain in full force and effect.
Payment terms are strictly 30 from the date of invoice. Products will be invoiced on receipt of Purchase Order and will be delivered upon receipt of payment. Services will be invoiced at the end of each month and on completion or as otherwise prescribed in the documents describing the Services to be supplied.
4. Block Time
Block time may be utilised for a period of 12 months from the date the Block Time is first used (the start date). Unless additional Block Time is purchased before the expiry of 12 months from the start date any unused Block Time will automatically expire. Block Time days are equivalent to 8 working hours and are consumed in increments of 2 hours.
5. Time & Materials
Time & Materials days are equivalent to 8 working hours and are charged in increments of 2 hours, with a minimum of 4 hours for any one day.
6. After Hours Work
Work required to be performed out of normal working hours will be subject to an additional loading of 50% for Monday to Friday and 100% for weekends and Public Holidays.
globalone makes no warranty in relation to the Products or Services other than as contained in these Terms or as prescribed by a law which cannot be excluded or in the case of Products, as provided by the Products' respective manufacturers as made known to the Customer in the
documents supplied by globalone or the manufacturer or as otherwise published or made known to the Customer. Defects in Services reported to globalone within 30 days of delivery of the Service will be rectified by globalone at no charge to the Customer. globalone will not provide
claimed warranty services for defects or deficiencies in Products or Services which are caused by:
a) external causes including natural disaster, fire, accident, neglect, misuse, vandalism, water, lightning, power surge or spike;
b) the use of a Product for other than its intended purpose;
c) the use with or connection of a Product to items not approved by globalone;
d) the performance of maintenance or attempted repair by persons other than globalone or as authorised by globalone ;
e) changes made to the deliverables created by performance of the Services or to the operating environment;
f) the relocation of Products by the Customer; or
g) any configuration or reconfiguration by the Customer of the Products or other equipment with which the Products interface.
globalone will use its reasonable endeavors to deliver Products or Services to the Customer by the date agreed but will not be liable for any delays in delivery caused by matters beyond its control. Freight charges incurred by globalone in delivering Products to the Customer will be invoiced to the Customer at cost unless quoted otherwise.
Unless the Customer gives globalone written notice of any aspect of a deliverable which is alleged by the Customer to be otherwise than in accordance with these Terms or any applicable specifications, within 7 days of the date of delivery of that deliverable, the Customer shall be
deemed to have accepted that deliverable on delivery. Where the Customer puts a deliverable to commercial use, it shall be deemed to have accepted that deliverable on the first day of such use, whether or not a notice of the kind contemplated by this clause is given to globalone as
Products returned will only be credited to the Customer's account if the return is authorised by globalone and the Products are in the same condition as delivered by globalone and only if received by globalone within 14 days of delivery. globalone reserves the right to charge the
Customer for any costs incurred by globalone if Products which are not faulty are returned or returned without authorisation, returned later than 14 days from delivery or in a different condition to the condition the Products were in when delivered by globalone. globalone will use its best endeavours to minimise such costs.
Three days’ notice is required for schedule changes affecting globalone resources. If less than three days’ notice is provided, additional charges (equal to 75% of the burn rate of affected resources) may be incurred. In the event of this occurrence, globalone will exercise best efforts to
reschedule resources and if will not be able to redeploy, globalone will alert the SWARH Project Manager as soon as possible to arrange a change request for the lost time
12. Risk and Insurance
Risk of loss, theft, damage, deterioration or destruction of Products passes to the Customer upon the earlier of:
a) delivery to the Customer;
b) the taking of possession by the Customer; and
c) the delivery to any carrier contracted to the Customer for delivery to the Customer.
Until the Products have been paid for in full, they remain the property of globalone. If the Customer fails to pay any moneys to globalone when due, globalone may immediately without notice or demand, enter upon the Customer's premises and take possession of the Products. This right is without prejudice to any other rights that globalone may have.
globalone and the Customer agree that they will keep at all times as strictly confidential any confidential information that is disclosed or provided by one party to the other. In this clause, "confidential information" means information in any form but does not include information
that is already in the public domain at the time that it is disclosed or becomes part of the public domain otherwise than as a result of an unauthorised disclosure by globalone or the Customer.
15. Intellectual Property
The Customer acknowledges that, unless otherwise agreed in writing, all intellectual property rights attaching to the Products or arising out of the provision of Services are and will remain the property of globalone (or its supplier, where such rights are owned by that supplier).
Software will be licensed to the Customer on the terms of the relevant licence agreement provided with the Product or as otherwise agreed between globalone and the Customer in writing. Any rights to be conferred on Customer will only commence on payment of all charges payable in connection with those rights.
16.1 Where the Customer:
a) makes default in any payment or breaches any of these Terms;
b) becomes unable to pay its debts as and when they fall due; or
c) commits an act of bankruptcy or, being a company, enters into liquidation or provisional liquidation whether compulsory or voluntary or compounds with its creditors generally or has a receiver or receiver manager or administrator appointed over all or part of its assets or passes a resolution for winding-up or a petition is presented for its winding-up
16.2 globalone may without prejudice to any of its rights or remedies under these Terms or otherwise by notice to the Customer:
a) suspend further supply and require payment in advance for future supply;
b) recover possession of any Product for which payment has not been made;
c) terminate all or any purchase orders for Products or Services which have been accepted by globalone;
d) claim immediate payment of all moneys due by the Customer in respect of all Products and/or Services which will then be immediately due and payable notwithstanding the due date or dates for payment or any terms agreed by globalone; and/or
e) continue to enforce its rights and recover from the Customer such payments and any other amounts owing as and when they fall due.
17. No Representations
The Customer acknowledges that globalone has not made any warranty or representation, express or implied, in relation to the Products or the Services, including whether they are suitable for a particular purpose (whether such purpose was made known to globalone or not), unless
provided in writing.
18. Limitation of Liability
globalone will not be liable to the Customer for any indirect or consequential damages including loss of profits, revenue, data or use arising out of or in relation to the supply of Products and/or Services, even if globalone knew or should have known of the possibility of such loss or damage and whether damages are claimed in contract, tort (including negligence) or statute.
18.1 Except in relation to liability for personal injury (including sickness and death), or damage to tangible property, globalone 's liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage) which may be suffered or incurred or which
may arise directly or indirectly in respect of the supply of Products and/or Services pursuant to these Terms or in respect of a failure or omission on the part of globalone to comply with its obligations under these Terms, shall be, in aggregate, limited to an amount equal to the
amount paid by the Customer to globalone under these Terms.
Any variation to these Terms must be in writing. Variations to any of the Services agreed to be supplied will be charged by globalone at its then current rates for those additional services, unless otherwise agreed in writing
20. Foreign currency exchange
Some or all of the Products to be supplied as part of the engagement may be sourced by globalone in a currency other than the currency shown in the quotation. The price quoted for the Products shall remain valid for a period of 30 days from date of issue. globalone reserves the
right to adjust the price for the Products after this period.
21. Purchase Orders
Purchase orders for Products or Services will constitute an offer by the Customer and may only be accepted by globalone Pty Ltd (globalone) in writing. Any amendments to purchase orders for Products or Services must be approved by globalone in writing to be effective. Only these
Terms (no other terms and conditions which may be attached to or incorporated in a purchase order) form part of the agreement between the parties. Acceptance of a purchase order will not be acceptance of any such terms or conditions.
Any amount not paid on the due date for payment will carry interest from that date until payment is made in full at the rate being 2 percentage points above the overdraft rate charged on overdraft accounts over $100,000 by Westpac Bank from time to time.
23. No Implied Terms
To the fullest extent permitted by law, the parties agree to exclude any terms which would otherwise be implied into these Terms by any statute. The liability of globalone for a breach of a condition or warranty implied into these Terms by the Trade Practices Act, 1974 is limited at the option of globalone:
a) if the breach relates to goods, to the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired;
b) if the breach relates to services, the supplying of the services again or the payment up to a maximum of the amount paid to globalone of the cost of having the services supplied again.
24. Taxes and GST
The amount payable to globalone ("the Price") is exclusive of existing taxes, duties and government charges imposed or levied in Australia or any other country in connection with the supply of the Products and Services. The Customer shall be liable for any new or varied taxes, duties or charges imposed subsequent to globalone 's quotation or proposal or to this agreement in respect of the supply of the Products and Services. globalone will issue a valid tax invoice where GST is to be recovered.
25. Governing Laws
These Terms are governed by the laws of Australia and the parties agree to submit to the exclusive jurisdiction of the courts of Victoria