Terms and Conditions
Formation of Contract
(a) No contract shall come into existence until the your order has been accepted by Datcom and you have been notified of this acceptance. The contract shall be deemed to be concluded at the time and place where such acceptance is received by you. You warrant that you are buying for your own internal use only and not for re-sale or commercial purposes.
(b) Title to the goods purchased on this website does not pass from Datcom to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery.
(c) The products sold are subject to the Terms and Conditions, to the exclusion of any other terms and conditions stipulated or referred to by you . You acknowledge that you are aware of the contents of the Terms and Conditions and agree to be bound by them.
(d) These Terms and Conditions are subject to the laws of Australia including, without limitation, the Trade Practices Act 1974.
Price & Payment
(a) For each online order, you acknowledge that you must pay the applicable price confirmed by Datcom and the delivery and handling fees specified in relation to that order. This payment must be received and cleared before the goods are dispatched to you [unless you have approved credit facilities with Datcom].
(b) Datcom may change the prices advertised on the website at any time without any notice. All efforts are made to check pricing and other errors, however, errors may occur from time to time and Datcom reserves the right to decline orders arising from such errors.
(c) Time for payment is of the essence. Datcom reserves the right to charge interest at the rate of 3% above the base commercial floating rate for the National Australia Bank in Sydney.
(d) You shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes in relation to the sale of the product.
Delivery
Datcom or its agent will deliver the goods you order to the address you specify in your order, within the agreed timeframe subject to their availability. We aim to deliver without delay, however unforeseen circumstances may occur at anytime and delay delivery.
Any person at the delivery address who receives the goods will be deemed to be authorised to receive the goods.
Governing Law
Datcom controls and operates this web site from its offices within Australia. These Terms and Conditions shall be governed by and constructed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
Revision and Enforceability of Terms and Conditions
These Terms and Conditions may be amended at our absolute discretion by posting revised Terms and Conditions without any notice. If any of the provisions of these Terms and Conditions are held by any competent authority to be unenforceable, the remainder of the provisions of these Terms and Conditions remain in full force and effect.
Indemnity and Liability
(a) Datcom shall not be liable to you in contract or in tort for any loss or damage suffered and your rights are limited to those set out in these Terms and Conditions and under statute.
(b) This liability in relation to the website, Terms & Conditions or any goods or services supplied under them, is limited to (at Datcom's election):
(i) In the case of information or services supplied or offered - the re-supply of the information or services or payment of the cost of doing this.
(ii) In the case of goods supplied or offered by Datcom - the repair or replacement of the goods, supply of equivalent goods, providing a credit for the original purchase price.
(iii) The amount paid by you (if any).
(c) Datcom is not liable for any associated damage under or in relation to any supply of goods, services, firmware or software or anything done or omitted in that regard, whether or not the possibility or potential extent of the associated damage was known or foreseeable. That exclusion applies to all liabilities and claims that might otherwise arise or have been made, including in contract or negligence or any other tort for breach of statutory, fiduciary or other duty (if any) and whether or not the act or conduct was authorised or required.
(d) You must at all time indemnify Datcom and keep Datcom fully and effectively indemnified against any claim, demand, injury, damage, loss, expense, cost or liability made against or suffered by Datcom in connection with your (including its employees, agents or sub-contractors) use of this site, breach of these Terms and Conditions or breach of any rights of third parties.
Disclaimer of Warranty
This site and the information contained on it is provided on an "as is" basis and you use this site at their own risk. The content is believed to be accurate, complete, current and reliable as at the date the information was placed on the site. Datcom (and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents) make no representation or warranty in relation to the accuracy, completeness, currency or reliability of the information contained on this site (including in connection to any products or services).
Subject to the law, none of them will be liable or responsible in any way for errors in, omissions from, the information contained on this site. Datcom expressly disclaims all warranties of any kind including implied warranties or conditions of merchantability or fitness for purpose.
Breach of Terms and Conditions
Any breach of these Terms and Conditions may result in the suspension or cancellation of your account at any time without prior notice to you.
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