Terms and Conditions of Sale

Hyetech Computer Solutions Pty Ltd

ABN 75 161 672 484 | ACN 161 672 484

1. General

1.1 Unless otherwise agreed in writing by Hyetech Computer Solutions Pty Ltd (“Hyetech”), the following terms and conditions govern this transaction and are incorporated into all future transactions where Hyetech supplies any goods, as described in the individual tax invoice provided by Hyetech (“the Goods”), to a customer (“Customer”), whether or not these terms and conditions are made expressly applicable to any particular transaction.

1.2 Terms and conditions contained in any form, order, or other writing of the Customer that are at variance with or additional to these terms and conditions are not binding upon Hyetech unless specifically accepted by Hyetech in writing.

1.3 Any quotation submitted by Hyetech constitutes an invitation to do business only. A contract is formed only when an order is received from the Customer to purchase Goods and is accepted by Hyetech, subject to Hyetech’s terms and conditions of sale. A quotation may be withdrawn at any time prior to acceptance by Hyetech of the Customer’s offer to purchase Goods.

1.4 The description of the Goods on the face hereof, or given in any other document, is for identification purposes only. The use of such description shall not constitute an order for the supply of the Goods as a sale by description unless expressly stated.

1.5 Hyetech reserves the right to deliver the Goods by instalments, and each instalment shall be deemed to be sold under a separate contract incorporating Hyetech’s standard terms and conditions of sale. Failure by Hyetech to deliver any instalment shall not entitle the Customer to cancel the balance of the order.

2. Rights in Relation to Goods

2.1 It is the responsibility of the Customer to ensure, when ordering, that all Goods ordered conform to the Customer’s requirements.

2.2 Notwithstanding the provisions of Clause 2.6, title to and ownership of the Goods shall not pass from Hyetech to the Customer. Full legal and beneficial ownership of the Goods shall remain with Hyetech until the Customer has paid the invoiced price in full, including any additional charges, taxes, or duties related to the Goods, in accordance with these terms and conditions.

2.3 All Goods supplied by Hyetech to the Customer, as described in each individual tax invoice provided by Hyetech, fall under the Personal Property and Securities Act 2009 (PPS Act) as part of retention of title arrangements (security interests) and may be registered on the PPS Register. The Customer acknowledges that Hyetech has been granted a security interest under the PPS Act and consents to Hyetech registering the Goods on the PPS Register.

2.4 The Customer shall assist Hyetech, if required, in any reasonable way to ensure that the security interest becomes a 'perfected security interest' as defined in the PPS Act.

2.5 Until title and ownership of the Goods pass to the Customer under Clause 2.2, and without prejudice to Hyetech’s other rights: (a) the Customer shall keep the Goods free from all charges, liens, and other encumbrances; (b) the Customer shall store the Goods separately from its own or any third party’s goods, clearly marking them as the property of Hyetech; (c) the Customer acknowledges and agrees that until the Goods are sold to its own customers in a bona fide sale at market value, it holds the Goods as bailee for Hyetech, and Hyetech enters this contract in reliance on this acknowledgement. The Customer is estopped from denying this; (d) all Goods held as bailment are considered security interests and may be registered on the PPS Register; (e) the Customer agrees that any proceeds from the sale of the Goods must be paid immediately into a separate bank account at a bank nominated by Hyetech for present and future acquired Goods; (f) Hyetech may recover or demand the return of Goods without notice in accordance with section 115 of the PPS Act. For this purpose, the Customer grants Hyetech and its representatives unrestricted access to enter its premises (or any premises where the Goods are located) to recover the Goods. This recovery does not affect Hyetech’s right to require the Customer to complete the purchase; (g) Hyetech may maintain an action for the purchase price even if title has not yet passed to the Customer; (h) the Customer’s right to possess the Goods ceases immediately if the Customer becomes insolvent, is wound up, or enters administration, or if a receiver, manager, or encumbrancer takes possession of its property.

2.6 Subject to these terms and conditions, the Customer may process or incorporate the Goods with other items, provided that any resulting products are clearly marked and stored to indicate that they contain Goods owned by Hyetech. The security interest continues in the mixed or improved products.

2.7 The Customer may sell products derived from the Goods only as bailee for Hyetech, and all proceeds from such sales shall be held in trust for Hyetech, not mingled with other funds, and clearly identifiable as Hyetech’s money. If the Customer does not receive payment, it must assign its rights to Hyetech upon request within three (3) days.

2.8 The Customer assumes all risk of loss or damage to the Goods from the time they are loaded for dispatch from Hyetech’s premises or the storage premises.

2.9 The Customer shall indemnify Hyetech on demand for any loss, damage, cost, expense, or liability (including consequential loss, loss of profits, and legal costs) incurred by Hyetech in exercising its rights under this Clause 2.

2.10 Nothing in this Clause 2 confers any right upon the Customer to return the Goods or delay or refuse payment.

3. Delivery and Acceptance

3.1 Any delivery times quoted are estimates only, and Hyetech shall not be liable for any loss or damage arising from or related to any failure or delay in delivery due to circumstances beyond Hyetech’s control. This includes, but is not limited to: fire, flood, natural disasters, strikes, lockouts, industrial disputes, breakdowns or accidents, unavailability or shortages of raw materials, labour, power, supplies, or transport, acts of God, or orders or directives from any local, state, or federal government or authority.

3.2 Hyetech will deliver the Goods by way of dispatch and shipment directly to the Customer’s nominated delivery address. Hyetech’s obligation to deliver the Goods shall be fulfilled upon dispatch of the Goods to Hyetech’s nominated carrier for delivery to that address. Goods are not made available for collection or pickup from Hyetech’s premises or any storage premises.

3.3 Unless otherwise specified in writing by the Customer, Hyetech may choose the method of shipment and the carrier. Hyetech may make partial shipments, which will be invoiced and payable separately. All freight costs shall be borne by the Customer.

4. Out of Stock Policy

4.1 If any Goods ordered are out of stock, Hyetech will notify the Customer as soon as reasonably practicable.

4.2 Where Goods are out of stock, Hyetech may offer one or more of the following options: (a) an alternative or upgraded product (subject to availability); (b) placement of the Goods on backorder; or (c) a full refund of the amount paid for the unavailable Goods.

4.3 Hyetech is not liable for any loss, damage, or delay arising from Goods being out of stock.

4.4 If the Customer selects an alternative or upgraded product, any price difference will be agreed in writing prior to dispatch.

5. Prices and Variation of Prices

5.1 All prices shall be either as quoted or in accordance with Hyetech’s current price list at the time of the order, whichever is higher. Such price lists are subject to the conditions (if any) stated thereon. Verbal quotations are subject to written confirmation. All prices displayed or quoted by Hyetech are inclusive of GST (Goods and Services Tax) unless expressly stated otherwise. Any other taxes, imposts, charges, or duties not covered by GST (where applicable) shall be the responsibility of the Customer.

5.2 The Customer shall be required to pay Hyetech any additional amounts that may become payable by Hyetech as a result of any increases in taxes, imposts, charges, or duties applicable to the sale of the Goods, other than GST already included in the quoted price under Clause 5.1.

5.3 Prices may be changed by Hyetech at any time without prior notice to the Customer.

6. Default

6.1 If: (a) the Customer commits any act described in Clause 2.3; or (b) the Customer fails to make any payment to Hyetech by the due date; or (c) the Customer breaches any of these terms and conditions; then Hyetech shall have the right to: (i) cease supplying Goods to the Customer; (ii) decline to deliver any Goods or the balance of any Goods still due under any order from the Customer; (iii) stop any Goods in transit; (iv) otherwise cease to perform any of its obligations to the Customer; (v) terminate this Agreement without incurring any liability at law or in equity, and without prejudice to its rights to recover any amounts owed by the Customer, including damages; (vi) enter the Customer's premises and repossess any Goods already delivered, regardless of whether title has passed; (vii) recover from the Customer the payment for all Goods delivered, including costs for freight, insurance, handling, storage, and other related expenses incurred by Hyetech; and (viii) sell the Goods elsewhere and charge the Customer for any resulting loss.

6.2 Should Hyetech, by its servants or agents, enter any premises where the Goods are located for the purpose of repossession under this Clause, and legal action is brought against Hyetech for trespass or any other related cause, the Customer shall indemnify and keep Hyetech indemnified against all damages, losses, and legal liabilities resulting from such action.

7. Return of Goods

7.1 Any Goods being returned to Hyetech for warranty replacement or credit must be labelled and consigned in accordance with Hyetech’s return procedures, as may be established from time to time. The current procedures for returning Goods include: (a) claims for shortages, loss, or damage must be made by the Customer within two (2) days of receipt of the Goods; (b) express approval for the return of Goods must first be obtained from a duly authorised officer of Hyetech by way of a Return Authorisation number; (c) returned Goods must include all relevant accessories. The Goods (including accessories) must be in the original packaging, with software unopened, and must be in undamaged, saleable condition; (d) no claim for credit in respect of any returned Goods will be approved by Hyetech unless the Customer’s completed claim form accompanies the returned Goods and includes at least: (i) the purchase invoice number and date; (ii) the reason for return; and (iii) the name of the Hyetech officer who approved the return, along with the approval details; (e) subject to the above, any Goods returned more than 14 days after the invoice date may be credited at the current price less a 15% restocking fee; and (f) all costs incurred in returning the Goods to Hyetech shall be borne by the Customer, unless otherwise approved in writing by an authorised officer of Hyetech.

7.2 If, during warehouse inspection, any product is found to be damaged prior to dispatch, Hyetech will notify the Customer and offer an alternative product. If the Customer agrees to proceed with the alternative product, Hyetech will arrange the upgrade. If the Customer does not wish to proceed, the Customer will be entitled to a full refund.

8. Limitation of Liability

8.1 Except as required by the provisions of the Competition and Consumer Act 2010 (Cth) or any relevant State legislation, all express or implied conditions, warranties, undertakings, and covenants that cannot be excluded under such laws shall be limited, at Hyetech’s sole discretion, to one of the following remedies: (i) the replacement of the relevant Goods or the supply of equivalent goods, provided that any defect has developed under proper and normal conditions of use and maintenance by the Customer; or (ii) the repair of the relevant Goods; or (iii) the payment of the cost of replacing the relevant Goods or acquiring equivalent goods, if available at the time; or (iv) the payment of the cost of having the relevant Goods repaired. Hyetech shall determine, at its discretion, which of the above remedies shall apply in any given case.

8.2 Except as provided in Clause 8.1, Hyetech shall not be liable to the Customer or to any third party claiming through the Customer, whether in contract or tort, for any direct, indirect, or consequential loss, damage, or expense arising out of or in connection with any breach by Hyetech, its employees, agents, or contractors of these terms and conditions or in relation to the supply of Goods or services. This includes, but is not limited to, any error (whether negligent or not) in information provided before or after the supply. 'Consequential loss' includes, but is not limited to, loss of profit, loss of use, loss of goodwill, payments made or due to any third party, or any loss or damage resulting from delays in service delivery, as well as any associated costs incurred by the Customer.

8.3 Without limiting the effect of any other provisions of these terms and conditions, and subject to Clause 8.1, in the event that Hyetech is found liable to the Customer or any third party claiming through the Customer—whether in contract, tort, or otherwise—for any loss arising from the supply of Goods or services, such liability shall not exceed the amount paid by the Customer to Hyetech for the Goods in question, less any freight, taxes, duties, or other amounts payable by Hyetech to third parties. Such loss or damage includes, without limitation, that caused by the negligence, wilful misconduct, or legal default of Hyetech or any of its employees, agents, or contractors, regardless of foreseeability.

9. Intellectual Property Rights

9.1 The Customer acknowledges that all trademarks, trade names, patents, copyrights, and other intellectual property embodied in or associated with the Goods, as well as any related information or documentation, are the property of Hyetech or the respective manufacturer or supplier of the Goods to Hyetech. The Customer further acknowledges that Hyetech holds the rights to import and distribute the Goods within Australia and New Zealand.

9.2 The Customer also acknowledges that such intellectual property rights belonging to Hyetech or the applicable manufacturer or supplier may only be used by the Customer with the prior written consent of Hyetech or the respective manufacturer/supplier. The Customer shall not dispute, challenge, or undermine the ownership or title of Hyetech or such third parties in respect of these rights. The Customer further acknowledges that the sale of Goods does not confer any rights or interests in any trademarks, patents, copyrights, industrial designs, or other intellectual property belonging to Hyetech or its suppliers.

9.3 Unless otherwise agreed in writing by Hyetech Computer Solutions Pty Ltd, these terms and conditions apply to every transaction.

10. Credit Disclosure

Hyetech may agree to provide Goods to the Customer on credit under an application. In order to process the application, Hyetech will rely on the information the Customer provides and may also need to obtain personal credit information about the Customer to grant commercial credit in relation to these Goods. This information may be obtained by Hyetech from the Customer, from people or organisations named in the Customer’s credit application, and from credit reporting agencies. Any defaults on credit granted to the Customer may be listed with a credit reporting agency.

10.1 Seeking consumer credit information pursuant to section 18K(1)(b) of the Privacy Act 1988.

10.2 Exchanging information with other credit providers pursuant to section 18N(1)(b) of the Privacy Act 1988.

10.3 Listing credit default information pursuant to section 18E(1)(b)(vi) of the Privacy Act 1988.

10.4 Any other use in connection with the Customer’s credit account as permitted under the Privacy Act 1988.

In accordance with section 18H(2) of the Privacy Act 1988, the Customer may access their personal information collected by Hyetech to assess whether the information held is accurate, incomplete, or out of date.

If the Customer’s application for credit is refused by Hyetech, and the refusal is based wholly or partly on information derived from a credit report obtained from a credit reporting agency, Hyetech will provide the Customer with written notice pursuant to section 18M of the Privacy Act 1988.

11. Law

All sales are deemed to be made in the State of Victoria, and shall be governed and construed in accordance with the laws of the State of Victoria and of the Commonwealth of Australia.

12. Severability

If any term, condition, or provision of these terms and conditions is determined invalid, unlawful, or unenforceable to any extent, such term, condition, or provision shall be severed from the remaining terms and conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.

13. Waiver

Failure by Hyetech to insist upon strict performance of any term, warranty, or condition of these terms and conditions shall not be deemed a waiver of any rights that Hyetech may have, and no express waiver shall be deemed a waiver of any subsequent breach of any term, warranty, or condition.

14. Whole Agreement

No modification, variation, or amendment to these terms and conditions shall be of any force or effect unless in writing and signed by Hyetech.

15. Notice

Any notice or document required under these terms and conditions to be served on Hyetech must be addressed to its registered office for the time being. Any notice or document similarly required to be served on the Customer may be sent to the Customer’s last known address. Notices and documents may be delivered by hand or sent by prepaid post and, if sent by post, shall be deemed to be served on the day on which they would be delivered in the ordinary course of post. Notices and documents may be delivered by facsimile or electronic email to the parties’ last known facsimile number or email address and shall be deemed to be served at the time of transmission.

16. Definitions

16.1 Unless inconsistent with the context: ‘Hyetech’ means Hyetech Computer Solutions Pty Ltd together with its successors and assigns. ‘Customer’ includes, in the case of an individual, that person’s executors and administrators and, in the case of a corporation, its successors and permitted assigns. Where the Customer is more than one person, all Customers shall be jointly and severally bound by the terms and conditions contained or implied herein. ‘Goods’ means all products and services offered for sale by Hyetech to the Customer.

16.2 The plural includes the singular and vice versa, and one gender includes all other genders.

16.3 Marginal headings shall not affect the interpretation of these terms and conditions.

17. Refund Policy for Online Orders

17.1 For any online order where the Customer requests a refund that is not due to an error by Hyetech, Hyetech will deduct an 18% administration and merchant processing fee from the total amount paid. This fee covers merchant charges, payment gateway fees, administrative handling, and processing costs associated with the transaction.

17.2 The 18% deduction applies to (but is not limited to) refunds requested due to: (a) change of mind; (b) accidental orders placed by the Customer; (c) order cancellation requested after payment but before dispatch; and (d) refusal to proceed with alternative options offered when the original product is unavailable or damaged prior to dispatch.

17.3 If the refund is required due to an error on Hyetech’s part such as incorrect item supplied or inability to fulfil the order where no alternative exists, Hyetech may, at its discretion, issue a full refund without deduction.

17.4 Refunds will be processed back to the original payment method unless otherwise agreed in writing.