PrimeTech Global Terms and Conditions
- Definitions
In these terms and conditions, unless the context otherwise requires:
- “Supplier” means PrimeTech Global Pty Ltd, its affiliates, successors, and assigns.
- “Customer” refers to the entity or individual purchasing goods and/or services from the Supplier.
- “Goods” refers to all products and/or services supplied by PrimeTech Global, including hardware, software, and any other deliverables.
- “Agreement” means the contract formed between the Supplier and the Customer, consisting of the Customer’s order, these terms and conditions, and any other terms agreed in writing.
- “GST” refers to the Goods and Services Tax as imposed under the Australian Tax System.
- “Business Days” means any day other than a Saturday, Sunday, or public holiday in Australia.
- Acceptance of Terms
2.1. Binding Agreement
By placing an order with PrimeTech Global, the Customer accepts these terms and conditions, which will apply to all current and future transactions between the Supplier and the Customer unless otherwise agreed in writing.
2.2. Customer Terms
The Supplier will not be bound by any terms and conditions proposed by the Customer that differ from or are additional to these terms and conditions, unless expressly agreed in writing by the Supplier.
2.3. Amendments
The Supplier reserves the right to amend these terms and conditions at any time. Any amendments will take effect from the date the revised terms are published on the Supplier’s website.
- Orders, Delivery, and Risk
3.1. Order Placement
Orders must be placed by the Customer through the Supplier’s official channels, including email, website, or authorised sales representative. Each order constitutes an offer to purchase Goods under these terms.
3.2. Order Acceptance
Orders are not binding until confirmed in writing by the Supplier. The Supplier reserves the right to refuse or cancel any order at its discretion.
3.3. Delivery
Delivery times provided are estimates only. The Supplier will make all reasonable efforts to meet delivery dates but will not be liable for any delays, including those caused by third-party carriers or unforeseen circumstances.
3.4. Risk Transfer
Risk in the Goods passes to the Customer upon delivery. Delivery is deemed complete when Goods are handed over to the carrier or delivered to the Customer’s nominated address.
3.5. Title Transfer
Title to the Goods remains with the Supplier until full payment for the Goods and any related charges (such as taxes, shipping fees) are received. Until title passes, the Customer must not sell, dispose of, or encumber the Goods.
3.6. International Shipping
For international deliveries, the Customer is responsible for any import duties, taxes, customs fees, or other local charges.
- Pricing, Payment, and Credit
4.1. Prices
All prices quoted by the Supplier are exclusive of GST and other applicable taxes unless otherwise stated. Prices are subject to change without prior notice, but orders already confirmed in writing will not be affected.
4.2. Payment Terms
The Customer must pay the full invoiced amount within 30 days from the date of invoice unless alternative payment terms have been agreed in writing by the Supplier.
4.3. Late Payments
If the Customer fails to make any payment when due, the Supplier may:
- Suspend further deliveries until all overdue amounts are paid.
- Charge interest at the rate of 1.5% per month on overdue amounts.
- Recover any additional costs incurred in pursuing late payments, including legal fees and collection costs.
4.4. Credit Accounts
Customers may apply for a credit account, subject to the Supplier’s approval. The Supplier reserves the right to review and adjust credit limits at any time and may terminate credit facilities if the Customer fails to meet the agreed payment terms.
- Warranties, Defects, and Liability
5.1. Warranty
PrimeTech Global warrants that the Goods will conform to the specifications agreed upon at the time of sale and will be free from material defects for a period of 12 months from the date of delivery, unless otherwise specified.
5.2. Customer’s Responsibilities
It is the Customer’s responsibility to ensure that the Goods are suitable for their intended use. The Supplier makes no representations regarding the compatibility or performance of the Goods when used with other products unless expressly agreed.
5.3. Limitation of Warranty
The Supplier’s warranty is void if the Goods are:
- Misused, abused, or modified without the Supplier’s written consent.
- Installed, handled, or maintained improperly.
- Subject to external factors such as accidents, electrical surges, or environmental conditions outside of the product specifications.
5.4. Remedies
In the event of a breach of warranty, the Supplier’s sole obligation is to repair or replace the defective Goods, or at its discretion, refund the purchase price. The Supplier is not liable for any incidental or consequential damages, including but not limited to loss of business or profits.
5.5. Exclusion of Other Warranties
All other warranties, whether express or implied, are excluded to the fullest extent permitted by law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
- Returns and Cancellations
6.1. Return Policy
Goods may only be returned with the Supplier’s prior written approval. Any returned Goods must be in their original, unused condition, and returned within 14 days of delivery. The Customer is responsible for all return shipping costs unless the return is due to an error by the Supplier.
6.2. Restocking Fees
The Supplier reserves the right to apply a restocking fee of up to 15% of the value of the returned Goods, depending on the condition of the Goods and the reason for the return.
6.3. Order Cancellation
The Customer may cancel an order only with the Supplier’s written consent. If cancellation occurs after the Goods have been dispatched, the Customer will be responsible for all shipping and handling costs, plus a cancellation fee of 10% of the order value.
- Intellectual Property Rights
7.1. Supplier’s IP Rights
All intellectual property rights, including but not limited to trademarks, copyrights, patents, and trade secrets, associated with the Goods or provided in connection with their sale, remain the exclusive property of PrimeTech Global or its licensors.
7.2. Use of Intellectual Property
The Customer may not use, reproduce, or modify the Supplier’s intellectual property without the Supplier’s prior written consent.
7.3. Infringement
The Customer must promptly notify the Supplier of any suspected infringement of the Supplier’s intellectual property rights. The Supplier reserves the right to take legal action to protect its intellectual property.
- Confidentiality
8.1. Confidential Information
The Customer agrees to maintain the confidentiality of all proprietary information disclosed by the Supplier, including but not limited to pricing, business strategies, and technical information. The Customer must not disclose such information to any third party without the Supplier’s written consent.
8.2. Exceptions
Confidentiality obligations do not apply to information that:
- Is already in the public domain.
- Was independently developed by the Customer.
- Is required to be disclosed by law.
- Indemnification
The Customer agrees to indemnify and hold harmless the Supplier against any claims, losses, damages, or expenses (including legal fees) arising from:
- The Customer’s breach of these terms and conditions.
- The Customer’s negligence or misuse of the Goods.
- Any third-party claims related to the use of the Goods.
- Force Majeure
10.1. Non-liability for Delays
The Supplier will not be liable for any failure to perform its obligations under this Agreement due to events beyond its reasonable control, including but not limited to natural disasters, war, strikes, pandemics, supply chain disruptions, or governmental actions.
10.2. Notification
In the event of a force majeure, the Supplier will promptly notify the Customer of the nature and expected duration of the event. Both parties may agree to suspend or terminate the Agreement without penalty if the force majeure persists for more than 30 days.
- Dispute Resolution
11.1. Negotiation
In the event of any dispute arising from this Agreement, the parties agree to attempt to resolve the matter amicably through good-faith negotiations.
11.2. Mediation
If the dispute cannot be resolved through negotiation, the parties agree to submit the matter to mediation by a mutually agreed third party before commencing any legal proceedings.
11.3. Jurisdiction
This Agreement is governed by the laws of Australia, and any disputes will be subject to the jurisdiction of the courts in the state where PrimeTech Global is headquartered.
- Miscellaneous
12.1. Severability
If any provision of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
12.2. Waiver
No waiver of any breach of these terms and conditions will be deemed a waiver of any subsequent breach.
12.3. Assignment
The Customer may not assign or transfer any rights or obligations under this Agreement without the Supplier’s prior written consent.