Terms & Conditions

Terms and conditions of contract

Prices & payment Delivery Warranties Returns & cancellations Your statutory rights are not affected

By placing an order with FHS Technology Pty Ltd T/a POS'99 (the "seller"), you are accepting these terms and conditions. Your existing statutory rights are not affected by these conditions.

1. Definitions

1.1 The "seller" means FHS Technology Pty Ltd T/a POS'99.

1.2 The "buyer" means any person who accepts a quotation for goods by the seller or whose order for goods is accepted by the seller.

1.3 "Goods" means any goods which the seller is to supply to the buyer.

1.4 "Conditions" means the terms and conditions set out herein and any special or additional conditions agreed in writing by the seller.

1.5 "Writing" includes by mail, facsimile transmission or email.

2. Conditions

2.1 These conditions apply to all contracts for sale of goods by the seller to the buyer and shall be deemed to supersede and exclude all other terms and conditions, including any which the buyer may seek to apply under any purchase order, confirmation of order or similar document.

2.2 No variation or addition to these terms and conditions shall be effective unless agreed in writing by a duly authorised officer of the seller.

2.3 No employee or agent of the seller is authorised to make any representations concerning goods on the seller's behalf unless such representations are confirmed in writing by the seller, and any representations made without the written confirmation of the seller may not be relied upon in connection with any contract.

2.4 Until despatch of goods by the seller to the buyer, or the buyer's acceptance in writing of any quotation of the seller (whichever shall first occur), no contract for the sale of goods shall arise.

2.5 The seller shall be at liberty to correct, without any liability on the seller's part and without prior notification, any error or omission in any sales literature, price list, acceptance of offer, quotation, invoice or other document issued by the seller.

2.6 On the buyer accepting delivery of the goods, such acceptance shall be deemed as acceptance of these conditions.

2.7 Nothing in these conditions excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded, restricted or modified. If any of these conditions is inconsistent with such a law, that law prevails to the extent of the inconsistency, and every limitation or exclusion in these conditions applies only to the extent permitted by law.

3. Prices

3.1 The price for the goods shall be that on the seller's current price list unless otherwise agreed in writing by the seller.

3.2 All prices are inclusive of GST when stated as "Incl GST". Charges for postage, packaging and carriage shall be paid in addition.

4. Payment

4.1 The seller is prepared to consider applications for credit accounts from corporate customers, subject to approved references.

4.2 Non-credit account buyers must make payment in full of any invoice before despatch of goods.

4.3 Payment may be made by cash, cheque, credit or debit card (Visa, Mastercard or American Express), or PayPal.

4.4 Buyers with credit accounts must make payment in full on the terms of credit agreed, which shall not be more than 30 days from the date of invoice unless otherwise agreed in writing by the seller.

5. Interest on overdue invoices

5.1 If any invoice becomes overdue for payment, interest shall be payable at 2% per annum above the Westpac Bank base rate from time to time, from the date the payment became due under the invoice until the date of payment. Such interest shall accrue both before and after any judgment.

6. Delivery

6.1 The seller will take all reasonable steps to keep to any estimated delivery date, but time shall not be of the essence. The seller shall not be liable for any losses, consequential or otherwise, arising directly or indirectly out of any failure to meet an estimated delivery date. The seller reserves the right to make delivery in advance of the quoted delivery date on giving reasonable notice to the buyer.

6.2 Unless otherwise agreed in writing, deliveries may take place at the buyer's premises up until 6.00 pm on the date of delivery. If the buyer does not accept delivery on the delivery date, the first attempt at delivery is to be considered the delivery date for the purpose of invoicing.

6.3 The seller shall deliver the goods to the buyer's address, and the buyer shall make arrangements to take delivery of the goods at that address when they are tendered for delivery.

6.4 The method of despatch of all goods shall be at the seller's absolute discretion.

7. Ownership and risk

7.1 Upon delivery of the goods to the buyer, or upon the goods being retained at the seller's premises at the buyer's request, the risk in the goods shall pass to the buyer.

7.2 Title to the goods shall remain vested in the seller until the invoice for the goods has been paid in full.

7.3 The buyer shall hold the goods as the seller's fiduciary agent and bailee until title to the goods passes to the buyer, and shall keep the goods properly stored, protected, insured and identified as the seller's property.

7.4 While the purchase price for any goods delivered to the buyer remains overdue for payment, wholly or in part, and without prejudice to any of its other rights, the seller may recover and/or resell the goods or any of them, may enter the buyer's premises by its servants or agents to recover the goods, and shall be entitled to recover from the buyer any costs incurred in connection with such recovery.

7.5 Until payment for any goods has been made in full, the buyer shall not pledge, charge by way of security or in any other way encumber the goods, which remain the property of the seller.

8. Warranties

8.1 Subject to clause 2.7, the buyer understands that the seller is not the manufacturer of the products purchased by the buyer, and the only warranties offered are those of the manufacturer, not the seller. In purchasing the product, the buyer is relying on the manufacturer's specifications only and is not relying on any statements, specifications or photographs representing the products that may be provided by the seller. The seller and its affiliates hereby expressly disclaim all warranties, express or implied, related to products sold by third parties or affiliates of the seller, including, without limitation, any warranty of merchantability or fitness for a particular purpose, or warranty of non-infringement. This disclaimer does not affect the terms of the manufacturer's warranty, if any.

8.1.1 The seller accepts no liability for any defect arising from errors or omissions in any drawing, specification or design supplied by the buyer to the seller.

8.1.2 The seller will accept no responsibility for any defect in the goods arising from wilful damage, neglect, failure to follow the manufacturer's instructions, abnormal working conditions, abuse, or alteration or repair during the manufacturer's warranty period without the seller's written approval.

8.1.3 The benefit of any warranty or guarantee given by the manufacturer of the goods will be passed to the buyer on delivery of the goods to the buyer.

8.1.4 Save as provided in these conditions, and save and except where the buyer is dealing as a consumer, all warranties, conditions or other terms implied by statute, common law or otherwise are excluded to the extent permitted by law.

8.1.5 Subject to clause 2.7, and save in respect of death or personal injury caused by the seller's negligence, the seller shall not be responsible for any incompatibility of use issues, or held liable to the buyer by reason of any representation, implied warranty, condition or other term, or any duty at common law, for any direct, indirect, special or consequential loss or damage, expenses or other claims for compensation whatsoever, whether caused by the negligence of the seller, its employees or agents or otherwise, which arise out of or in connection with the supply of goods or their use or resale by the buyer.

8.1.6 Subject to clause 2.7, any liability of the seller in connection with claims made under the contract shall not exceed the price of the goods unless otherwise specifically agreed in writing by the seller.

9. Force majeure

9.1 The seller shall not be liable to the buyer, or held to be in breach of the contract, by reason of any delay in performing or failure to perform any of the seller's obligations in respect of the goods if such delay or failure was due to any cause beyond the seller's reasonable control.

10. Cancellation of contract, return of goods and replacement of defective goods

10.1 Subject to clause 2.7 and clause 10.5, no contract may be cancelled once it is accepted by the seller, and no goods may be returned save at the absolute discretion of the seller.

10.2 The buyer is limited to 30 minutes to change or cancel an order after placing the order. Any changes made after 30 minutes will be considered a new order and will be subject to the terms and conditions of the new order.

10.3 Cancellations must be requested by email to info@pos99.com.au.

10.4 Non-defective goods

The seller will only accept the return of non-defective goods under the following conditions:

10.4.1 The buyer must obtain a goods return number (RMA) from the seller, which must be clearly displayed on each parcel to be returned. The goods must be returned in as-new condition in the manufacturer's original packaging, complete with any accessories, manuals and other documentation. Software packages must have the software seal intact. If these conditions are not complied with, returned goods will be rejected.

10.4.2 Goods must be returned in new condition, including all the original box contents and packaging (unmarked, undamaged and not stained). The warehouse staff may refuse to accept returned products that do not meet these conditions, which may result in the RMA being cancelled and the goods returned at the buyer's own cost.

10.4.3 If, in the opinion of the seller, damage has been caused to the goods during transport from the buyer to the seller, the buyer will remain liable for the full cost of the goods or, at the discretion of the seller, the cost of remedying any damage.

10.4.4 If the seller accepts the return of goods (other than on the grounds of defect), the seller reserves the right to charge a handling and restocking fee of up to 25%.

10.4.5 Unless otherwise agreed in writing by the seller, no credit for returned goods will be given for goods returned after 14 days, other than by reason of defect.

10.4.6 Software, POS terminals, labels, ribbons, paper and labour charges (including on-site support contracts) cannot be returned or refunded unless they are DOA (dead on arrival), defective under warranty, or damaged in transit.

10.5 Defective goods

10.5.1 Subject to clause 2.7, any alleged dead on arrival ("DOA") goods with a manufacturer's warranty must be notified to the seller within 7 (seven) days from the date of delivery. If delivery is not refused and the buyer fails to notify the seller within that time, no rejection of the goods will be accepted and the full purchase price shall be payable by the buyer. This does not limit any rights the buyer has under the Australian Consumer Law for goods that are not of acceptable quality.

10.5.2 Subject to clause 2.7, if any valid claim is notified to the seller based on the goods delivered under the contract being defective, the seller shall, at its discretion, be entitled to replace the goods free of charge or refund the buyer the price of the goods, and, to the extent permitted by law, the seller shall have no further liability to the buyer.

10.5.3 The buyer shall retain the goods in respect of which a defect is alleged, together with the original manufacturer's packaging, for a reasonable time to enable the seller or its agent to inspect the goods, or to arrange for the goods to be collected from the buyer if the seller so requires.

10.6 Special-order goods

Subject to clause 2.7, goods ordered by customers other than those included in the seller's sales catalogue, or goods with no manufacturer's warranty, will not be accepted for return save where specifically agreed in writing by the seller.

11. Notices

11.1 Any notice required to be given by the buyer to the seller shall be in writing, addressed to the seller at its registered office or principal place of business, and shall be delivered personally or sent by prepaid registered or tracked mail.

12. Other websites

12.1 Our website may contain links to other websites which are owned or operated by third parties. These links are provided for convenience only and may not remain current or maintained. They should not be construed as us endorsing, approving, recommending or giving preference to these third parties or their websites, or any information, products or services referred to on those websites, unless expressly stated. You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites. We do not permit any links to this website without written permission. Should you require permission to link to this site, please contact us through the contact page on this site.