Terms and Conditions

---

Orders

a) Customer:
 i) must only make orders for Products in accordance with DataSCG's Order Policy; and 
ii) acknowledges that all orders are subject to acceptance by DataSCG.

b) DataSCG may reject any order placed by Customer if: 
i) it has an insufficient quantity of Products available to fulfil such order; or ii) Customer’s payment isn’t gone through.

Payment

a) The price payable by the Customer to DataSCG for the Products will be DataSCG's quoted price, or in the absence of a quoted price, the price as shown on the website dscgproducts.com.au or as otherwise advised by DataSCG. b) Customer must pay DataSCG for the Products and for all other notified charges (including any handling, delivery, agents' charges and other charges duties or imposts) prior to delivery.

b) Unless stated otherwise in these Terms (or in writing by DataSCG's authorised representative), all prices quoted for Products are exclusive of all GST and other taxes. 

c) If GST is payable as a consequence of any supply made (or deemed to be made) by one party to the other party in connection with this agreement, the party receiving the supply must pay to the party making the supply an amount equal to the GST payable in respect of the supply ("GST Amount") in addition to the amounts otherwise payable. 

d) Customer is responsible for all taxes (other than income tax) payable under these Terms.

Delivery

Delivery times advised to Customer are estimates only and to the fullest extent permitted by law, DataSCG will not be liable for any loss, damage or delay suffered or incurred by Customer or its customers arising from late delivery of the Products.

Part deliveries

DataSCG may make part deliveries of any order, and each part delivery will constitute a separate supply of the Products for the purposes of these Terms.

Inspection and acceptance

Customer must
 a) in the case of all Products ordered (other than software Products), inspect such Products upon delivery to Customer's premises; or 
b) in the case of software Products, test or inspect such software Products upon those Products being delivered, and must, within 7 days of delivery, give written notice to DataSCG if the Product delivered is not the same Product that was ordered. Failing such notice and to the extent permitted by law, the Products will be deemed to have been accepted by Customer.

Returns 

a) Where a claim is made under a statutory provision to which clause Warranty (d) below applies, such claims will be dealt with in accordance with that clause.


b) In all other cases, claims for the return of Products by Customer will be dealt with in accordance with the Returns Policy and this Returns clause. Any substitute Products to be shipped to Customer in accordance with the Returns Policy will be sent by DataSCG to Customer by ordinary freight pre-paid.

c) DataSCG will not accept returns from customers due to change of mind.


d)To the full extent permitted by law and subject to Warranty clause (d), DataSCG will not be liable and has no obligation to accept or process any claim for any return request if:

i) there has been damage to or defects in the Products that have been caused by the improper storage, warehousing or transport, or by any neglect, abuse or improper use, installation, maintenance or unauthorised repair, in each case by any person other than DataSCG;

ii) the Product has been added to, varied, or otherwise modified by, any person other than DataSCG;
 iii) in connection with the claim Customer alleges that cartons were damaged in transit but the Proof of Delivery (POD) does not identify that cartons were damaged in transit.

Force majeure

If the performance of any of DataSCG's obligations under these Terms is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of DataSCG, DataSCG will not be liable for any delay in performing or failure to perform its obligations if such failure is due to such force majeure event. The performance of DataSCG's obligation will be suspended for the period of delay due to the force majeure event and DataSCG will give notice of such cause to Customer.

Customer's cancellation

a) Unless otherwise agreed in writing by an authorised officer of DataSCG, Customer may not cancel an order which has been accepted by DataSCG.

b) If Customer's right of cancellation is agreed to by an authorised officer of DataSCG in writing, the right must be exercised by notice in writing from Customer to DataSCG not later than 24 hours before the estimated date of shipment by the manufacturer or DataSCG (as the case may be).


c) Unless otherwise agreed between Customer and DataSCG, upon cancellation prior to shipment, any amounts paid by Customer will be forfeited to DataSCG.

Warranty

a) Products may be covered by manufacturers' warranties. To the full extent permitted by law and subject to clause (d), DataSCG's entire responsibility with respect to warranties for the Products is to pass on to Customer the benefit of any such manufacturers' warranties that are provided to DataSCG for such Products, to the extent it is permitted and possible to do so.

b) To the full extent permitted by law and subject to clause (d), software Products are not warranted by DataSCG under these Terms. Such software Products are warranted in accordance with the relevant licence agreements governing their use. 

c) To the extent permitted by law and subject to clause (d), the manufacturers' warranties referred to in clause (a) are in substitution for all other warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and to the full extent permitted by law, each party excludes all terms, conditions, representations, warranties and guarantees, whether express or implied (and including those implied by statute, custom, law or otherwise), except as expressly set out in this agreement.

d) Certain legislation may imply warranties, conditions or guarantees or impose obligations upon DataSCG which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which DataSCG is able to do so, its liability will be limited, at its option, to: i) in the case of goods: the replacement of the goods or resupply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired; and ii) in the case of services: the supply of the services again; or the payment of the reasonable cost of having the services supplied again.

e) To the full extent permitted by law, but subject to clause (d) above, DataSCG does not warrant that repair facilities or parts will be available in respect of any of the Products.


Liability

a) Customer will be liable for all orders placed with DataSCG through Customer's account, regardless of whether those orders were placed in accordance with Customer's authorisations or instructions. It is Customer's responsibility to ensure that its account is only accessed and used by authorised personnel pursuant to, and in accordance with, any limits on their authority, and safeguarded from misuse by authorised or unauthorised individuals.

b) Customer will defend, indemnify and hold harmless DataSCG, its related bodies corporate, affiliates and subsidiaries and each of their respective officers, directors, employees and agents from and against any and all claims, demands, proceedings, actions, liabilities, losses, damages, costs or expenses of any kind (including reasonable attorney's fees and disbursements) incurred or sustained as a result of, or arising out of, or relating to any actions taken by DataSCG regarding the Products at the request of, and consistent with, instructions provided by Customer, any breach of these Terms or acts or omissions of Customer or its employees, related bodies corporate, affiliates or agents, the manner in which Customer markets and sells the Products, supply by Customer of any goods or services for use in conjunction with or in relation to the Products, or any breach or alleged breach of any applicable laws or regulations relating to the storage, marketing or sale by Customer of the Products.

c) To the extent that an indemnity under this agreement is in favour of a person other than DataSCG, DataSCG contracts as trustee of the rights under that indemnity. 

d) To the fullest extent permitted by law, but subject always to clause (d): i) DataSCG will have no liability for (A) failure to deliver Products within a specified time period; (B) availability and/or delays in delivery of Products; (C) discontinuation of Products, product lines or any part thereof; or (D) cancellation of any orders; ii) DataSCG has no duty to defend, indemnify or hold harmless Customer, its related bodies corporate, affiliates or their respective customers from and against any claim, demand or cause of action, including any damages, costs or expenses incurred by Customer, its related bodies corporate, affiliates or their respective customers in connection with, arising from or relating to any actual or alleged product liability or violation or infringement of any patent, trademark, copyright or other intellectual property belonging to a third-party by the Products; iii) Customer's, its related bodies corporate, and their respective customers' sole and exclusive remedy relating to these Terms and/or the Products will be the remedy, if any, afforded by the manufacturer of such goods to such parties as anticipated by Warranty clause (a); iv) DataSCG will not be liable for and Customer waives all claims, demands, causes of action or other claims for punitive, exemplary, indirect or consequential damages arising under these Terms or otherwise with respect to the Products or their sale, or for any lost revenues or profits, consequential or incidental damages, injury to persons or property, business interruption or damage to business reputation, regardless of the theory upon which any claim may be based, and even if DataSCG has been advised of the possibility of such damages, including any tort (including negligence) or statutory causes of action; v) the only liability of DataSCG with respect to any damaged goods, defective goods and/or goods erroneously shipped will be the return rights described herein; and vi) even if this agreement fails in its essential purpose, in no event will DataSCG's cumulative liability (in tort (including negligence), contract (including under any indemnity), warranty, infringement, under statute or otherwise) to Customer exceed the purchase price actually paid by Customer for the Products that give rise to the dispute, or any defective portion thereof, whichever is the lesser amount.

DataSCG's liability to Customer (including in tort (including negligence), contract (including under any indemnity), warranty, infringement, under statute or otherwise) will be reduced by the extent, if any, to which Customer contributed to the loss or damage.