Terms & Conditions

TERMS AND CONDITION OF SALES
All goods and services supplied are sold subject to the following conditions:-
DEFINITIONS
1. In these Terms and Conditions:
“Company” means Pronghorn One Pty Limited (612707427) trading as Metropolitan Cash Register Co whose registered office is at Unit 8, 224 Balcatta Road,
Balcatta, WA 6021, Australia.
"Purchaser" means any person or company who buys or has agreed to buy goods.
"Goods" mean any goods or services supplied by the Company.
"Conditions" mean the terms and conditions set out in this document.
The singular shall be deemed to include the plural, person shall include the firm or company and vice versa.
APPLICABLE TERMS
2. Unless otherwise agreed in writing, any contract for the sale of goods shall be subject to these Terms and Conditions. Any oral or written terms offered or
stipulated by the Purchaser shall, if inconsistent with these Terms & Conditions, be deemed rejected by the Company.
PRICES
3. The prices for the Goods are stated in the Company’s quotation or, if no quotation is given, in the confirmation of order. The company’s prices are fixed for
a period as stated in the quotation/order acknowledgement. Thereafter the Company reserves the right to vary prices without notice.
QUOTATIONS AND INVOICES
4. The right is reserved to amend any errors and / or omissions on quotations, invoices or any other documents of the Company. The quantity, quality and
description of the Goods shall be those set out in the Company’s quotation or order confirmation.
5. Pricing for Goods might be based on quoted prices from a third party supplier. Where a price increase has occurred between initial quote and purchase
order the Purchaser will be advised of such a price rise and be given the option to either accept the variations in writing and proceed or cancel the order
without further costs other than those already incurred.
PACKING, CARRIAGE & INSURANCE
6. Packaging, carriage and insurance to designated premises and on default or designation to any trading address, of the Purchaser shall be paid by the
Purchaser and shall be charged at the Company’s rates current at the time of dispatch.
INVOICING AND PAYMENT
7. The Purchaser must pay a deposit of 50% of the value of the Goods confirm the order.
8. The company shall invoice the Purchaser upon dispatch of the Goods from their premises or from the premises of its suppliers and payment of the full
invoice sum will be due on the date of the Company’s invoice by a cash on delivery basis (prior to delivery or shipment).
9. If the Purchaser fails to make any payment when due, then, without prejudice to any other right or remedy available to the Company, the Company shall be
entitled to:-
9.1. terminate the contract and/or suspend any other further deliveries to the Purchaser; and/or
9.2. apply any ‘on account’ payments to whatever part of the debt the Supplier deems appropriate; and/or
9.3. charge the Purchaser compounded interest (both before and after any judgment) at the rate of 12% per year (apportioned by the day) from the due date
until payment made in full.
DELIVERY
10. The Goods shall be delivered to the address stated in the quotation or if no address is so stated then to any trading address of the Purchaser. Any delivery
dates quoted are estimated only and time shall not be of the essence of the contract with regard to such estimated dates. The company will accept no liability
for failure to supply or deliver within the period quoted. The Company shall be entitled to make partial deliveries by instalments and these terms and
conditions shall apply to each such delivery.
11. Unless otherwise stipulated in writing, the Client is responsible for all delivery and freight charges.
12. Risk in the goods shall pass to the Purchaser upon delivery to the address. The Purchaser is advised to insure accordingly.
TITLE
13. Title to and ownership of the goods shall not pass to the Purchaser until the date that the purchase price for the Goods and all sums payable to the
Company under any other agreement with the Purchaser or any other delivery or instalment has been paid (The Payment Date).
14. Until the Payment Date, the Purchaser shall not be entitled to sell, transfer, lease, charge, assign by way of security or otherwise deal in or encumber the
Goods and the relationship between the Company and the Purchaser in respect of the Goods, including any proceeds of sale or other consideration therefore
shall be a fiduciary one.
15. If either:
15.1. the Purchaser fails to effect payment in full of all sums due hereunder by the due date; or
15.2. prior to the said due date the Purchaser convenes meeting of its creditors’ or
15.3. a proposal is made for a voluntary arrangement within part1 of the Insolvency Act 1986; or
15.4. a proposal for any other composition scheme of arrangement with or assignment for the benefit of the Purchaser’s creditors; or
15.5. if the Purchaser is unable to pay its debts within that meaning of Section 123 of the Insolvency Act 1986; or
15.6. a trustee receiver, administrative receiver or similar office is appointed in respect of all or any part of the business; or
15.7. assets of the Purchaser or if a meeting is convened for the purpose of winding up the Purchaser or for making of an administrator order (other than for
the purpose of amalgamation or reconstruction) or ceases to or threatens to cease to trade or dies:
the Company (without prejudice to any other legal remedies it may have) shall at any time thereafter be entitled to enter upon any premises owned or
occupied by the Purchaser or if any premises upon which it is reasonably believed that the goods are being stored or kept (without notice to the Purchaser)
and remove the goods.
16. If in breach of clause 14 above, the Purchaser sells the Goods or any part of them prior to the Payment Date, then any proceed or sale in respect thereof
and all right arising under in respect of the said sale shall be held (in the case of the proceed sale, in a separate account) by the Purchaser as trustee for the
Company. The Purchaser hereby agrees, immediately on the receipt of a request from the Company, to assign to the Company all rights and claims which the
Purchaser may have against any third party arising from such sale or transfer.
17. The Company shall be entitled to exercise a right of lien or sale over any property of the Purchaser in its possession, without prejudice to any other
remedies available to the Company.
RETURNS
18. Goods supplied may not be returned for credit without written consent of the Company and any Goods which are returned without such consent will be
refused.
19. Where there Purchaser has returned goods that are not in an ‘as new’ or saleable condition, the Purchaser will be held liable for all costs required to return
the goods to a saleable condition or the shortfall in the sale price that the Goods are able to be sold for.
20. The Purchaser will be responsible for all transport costs to return the Goods to the Company.
CANCELLATION/VARIATION OF THE PURCHASE ORDER
21. Any order placed by the Purchaser shall not be varied or cancelled without prior written consent of the Company. The granting of consent shall be entirely
at the discretion of the Company and shall always be subject to the payment by the Purchaser to the Company of a sum equivalent to the losses, including
loss of profit, cost and expenses of the Company caused by the variation or cancellation (such sum being reasonably determined by the Company).
DAMAGED IN TRANSIT
22. The Company shall not be liable for faulty or damaged Goods unless such fault or damage can be shown to have risen prior to dispatch. ("Pre-Dispatch
Defect").
23. Any claim by the Purchaser which is based on a Pre Dispatch Defect shall be notified to the Company within 7 days from the date of delivery or (whereas
the defect or failure was not apparent on reasonable inspection) within a reasonable time after the discovery of the defect or failure. Following notification the
Company may, at its sole discretion, repair, replace, apparent on reasonable inspection) within a reasonable time after the discovery of the defect or failure.
Following notification the Company may, at its sole discretion, repair, replace or issue a credit note in respect of defective Goods. The purchaser must retain
the Goods with the original packing for Inspection and return them, carriage paid and at the risk of the Purchaser to the Company.
NOTIFICATION OF SHORTAGE
24. The Company shall accept no liability for shortage of goods on delivery unless written notification shall have been received by the Company from the
Purchaser within 7 days of dispatch in the Goods to the Purchaser.
INSTALLATION
25. Installation costs is included only when specified as such in the quotation. The Company notes that additional travel and lodging costs may apply in
respect of any on-site installation outside the metropolitan area of Perth.
26. The prices quoted exclude network cabling. The Purchaser must engage a certified data electrician to run cables.
TRAINING
27. The Company shall provide training to the Purchaser’s nominated staff and management against payment by the Purchaser of the agreed training fee as
follows:
27.1. at the Company’s office; or
27.2. via remote connection.
28. Onsite training will attract call out charges.
SUPPORT
29. The Company shall offer support services in relation to the Goods pursuant to a separate support and maintenance agreement between the parties on
terms, rates and conditions set out in that agreement. If no support service agreement is in place between the Purchaser and the Company, the Company
shall be entitled to its usual rate for the provision of support services to the Purchaser and the costs of material.
30. If support is required in relation to a third party supplied operating system or software, the Purchaser acknowledges that the third party supplier will be
engaged to provide the support and additional costs may apply.
31. If onsite support is provided the Company will charge a call out fee and if onsite support is required outside the metropolitan area of Perth, the Company
shall be entitled to charge reasonable travel and lodging costs. The Company shall use reasonable endeavours to provide a quotation and acceptance of the
quotation for such onsite service, before the attendance onsite.
LIMITATION OF LIABILITY
32. The Company shall not be liable for any loss or damage whatsoever caused directly or indirectly by the Purchaser’s failure to perform any of the
Purchaser’s obligations under any contract or order relating to any Goods or any other matter wholly or partly within the Purchaser’s control.
33. The Company is not responsible for the Purchaser’s accounting, financial, or other business data. Where the Company is required to assist with the
transfer of such data or support in relation thereto, the ultimate responsibility in the integrity of the data rests with the Purchaser and the Purchaser is
encouraged and advised to backup all data prior to installation of any new software or operating system.
34. Any warranty or condition expressed or implied statutory or otherwise (including conformity with description sample, fitness for purpose or quality) are
hereby expressly excluded and the Company shall be under no liability whatsoever for loss (whether direct or indirect) of profits, business, productivity, or
anticipated savings, corruption, loss or destruction of data, failure of a backup to run correctly or for any indirect, special or consequential loss or damage of
any description in respect of goods sold, repaired converted and for services rendered.
EXPENSES
35. Without prejudice to any other remedy available the Company shall be entitled to recover from Purchaser any cost or expenses (including solicitors fees
and disbursements) incurred in recovering monies in respect of the goods or any other monies due under the Terms & Conditions hereof.
WARRANTIES
36. All goods supplied by the Company shall be subject to the Manufacturers period of warranty. The Company makes no warranties about any Manufacturer
or third party products and the Company shall have no responsibility or liability for the failure or fault in, or to maintain or service, any goods or third party
products.
37. The Company shall be under no liability under the above warranty if the total price for the Goods has not been paid by the due date for payment.
38. Whilst the Company will act in good faith and will make every effort to carry out its responsibilities in a professional manner, it makes no warranty with
regard to the provision of any service other than as specified in the original sales offer.
39. The Purchaser is solely responsible to install and maintain the appropriate up to date anti-virus software on any Goods supplied by the Company and the
Company shall not be liable for any loss or damage to the Goods or to the Purchaser as a result of the Purchaser’s failure in this regard.
FORCE MAJEURE
40. The Company accepts no liability for delay in delivery or failure to deliver Goods arising out of any cause whatsoever beyond reasonable control or the
control of its suppliers.
SEVERABILITY
41. The provisions and conditions of this agreement are enforceable independently of all other provisions and conditions and if, at any stage, any part(s) or
provision(s) of this agreement is deemed invalid, unlawful or unenforceable such provision(s) shall be severed and the validity of the remaining provisions and
conditions shall continue.
GOVERNING LAW
42. All contracts made between the Company and the purchaser shall be constructed in accordance with and governed in all respects by State of Western
Australia Law and the Commonwealth of Australia.
Title of goods will not pass and the right to retrieve goods is retained until payment is received in full. No Exceptions. No work will commence
without receipt of a 50% deposit. All Software products sold are considered final. Please ensure all software will meet your requirements
prior to purchasing. Software orders may require up to 48 Hours to process before licences will be issued. No returns on software will be
accepted once a licence has been issued. To ensure we are able to continue to provide a timely, quality support service on our point of sale,
an Internet connection in good working order is required. MCR reserve the right to refuse service if you choose not to provide an Internet
connection. In extreme cases where the exchange rate to the US$ is unfavourable, some prices may change as quoted and may require us
to pass on these costs at the time of placing an order. Store Credit will only be redeemed as purchases through the store for standard
products on offer E. & O.E.
12 months Warranty on all new hardware, back to base in Perth unless specifically stated otherwise. Where the Manufacturer Warranty Repair requires the item to be Freighted to
the Manufacturer, the costs of said Freight are for the customers account. We highly recommend surge protectors with all electronic equipment or it may void your warranty. Returns
will attract a 15% re-stocking fee and must be unmarked and as originally packaged within 7 days. MCR will repair or replace warranty items at their discretion. After sales support
and services is chargeable at MCR discretion at the current labour rates and call out fees.
Metropolitan Cash Register Company