| The following terms and conditions of sale
apply to all contracts for the sale of all
Products (“the Products”) by North
Supply Business Communications Ptd Ltd ACN
002 749 457 and any company member of its
group. Including the trading names musiconhold.com.au
& nsmedia ABN 28 002 749 457(Hereinafter referred
to as North Supply) and its customers. The
terms and conditions contained in any form,
order or other writing of the Customer, and
which are at variance with or additional to
these terms and conditions are not binding
upon North Supply unless specifically accepted
by North Supply in writing. |
| 1. Web site usage |
| North Supply has taken careful measures
to develop web material in accordance with
current standards and accepts no liability
for the guarantee or safety of information
provided across the Internet. All content
of this web site remains the property of North
Supply, and the respective business partners
and customers and cannot be used for commercial
gain without the express permission of a North
Supply. |
| 2. Quotation |
| Any quotation made by North Supply is not
an offer to sell, and no order given in pursuance
of any quotation shall bind the company unless
otherwise agreed in writing, all orders are
subject to acceptance by North Supply within
seven (7) days of receipt by North Supply
of the Customer’s offer. |
| 3. Delivery/collection |
North Supply will arrange delivery at
the expense of the Customer. Alternatively,
the Customer in its sole and absolute discretion
may arrange physical delivery of products
to the Customer at the Customer's business
address, such delivery being at the cost
of the Customer. The Customer shall be deemed
to assume and it shall be liable for loss
or damage to products from the time they
are placed on to the vehicle to transport
them from NorthSupply's premises.
We will advise within two (2) working days
if the goods purchased are not availabale
for delivery as stated.
Digital music and studio productions purchased
on line will be made availavle for immediate
download from the web site after an approved
Credit Card transaction. Hardware and products
of a physical nature purchased on line will
be dispatched next working day via Star
Track Transport or Fastway Couriers.
Where you a select a monthly subscription
package, products and services will be dispatched
and installed as per the terms and conditions
after all required Application documents
are received processed and approved. A UserID
log in will be provided for your Account.
New music and updates will then be available
for download from the web site as per your
subscription.
|
| 4. Payment |
| Unless otherwise agreed in writing, payment
for products supplied shall be made in full
by the Customer to North Supply without deduction
or demand, within the approved term as advised
by North Supply or in the absence of a term
approved by North Supply, payment must be
made up front. |
| 5. Default in Payment |
If The Customer defaults in payment to North
Supply, then:
(a) The Customer shall pay to North Supply,
on demand, interest on any overdue money during
the period of default at the rate for the
time being fixed under Section 2 of the Penalty
Interest Rates Act 1983, and
(b) All moneys owing by the company to North
Supply become due and payable forthwith without
demand, and
(c) North Supply may at its sole and absolute
discretion suspend the provision of credit
to the Customer until all amounts owing by
the Customer are paid in full. |
| 6. Liability |
(a) North Supply shall not be liable to
the Customer, or to any other person whomsoever,
for any loss or damage whatsoever or howsoever
caused arising directly or directly in connection
with the Products, other than
expressly imposed by stature in terms of which
it is not possible to limit or exclude liability.
(b) North Supply expressly excludes liability
for consequential loss or damage including
but not limited to loss of profit, business,
revenue, goodwill or anticipated savings. |
| 7. Access to Customer
accounts |
| The Customer authorises North Supply to
make enquiries at any time, and from time
to time, to a credit report agency relating
to the Customer’s individual account
should it be required. |
| 8. Provision of
credit |
The provision of credit and/or the continued
provision of credit by North Supply to the
Customer from time to time, shall be in the
absolute discretion of North Supply.
(a) North Supply may at its absolute discretion
extend credit to the Customer;or
(b) Extend and/or continue to extend credit
to the Customer subject to the provision of
security in a form acceptable to North Supply;
or
(c) May at any time vary or cancel the credit
facility available to the Customer
(d) Credit account must have North Supply
Guarantee in place |
| 9. Differences and
Complaints |
| North Supply shall not be liable in respect
of any difference or complaint arising out
of the terms and conditions of sale unless
the Customer advises North Supply in writing
of the difference or complaints not later
than fourteen (14) days after the date of
the occurrence of the events or circumstances
on which the difference of complaint is based. |
| 10. Waiver |
The failure or neglect by North Supply to
enforce or waiver the provisions hereof, shall
not be constituted nor shall be deemed to
be a waiver of North Supply’s rights
hereunder, nor in any way effect the validity
of the whole or any
part of the terms and conditions of sale,
nor prejudice North Supply’s right to
take subsequent action. |
| 11. Severability |
| In the event that any part of these terms
and conditions shall be deemed invalid, unlawful
or un-enforceable to any extent, such terms
of conditions shall be severed from the remaining
terms and conditions, which shall continue
to be valid and enforceable to the fullest
extent permitted by law. |
| 12. Governing Law |
| North Supply and the Customer agree that
the terms and conditions of sale shall be
governed by the laws of the State of NSW. |
| |
