© Copyright 2017 Next Solutions - All Rights Reserved

Next Solutions Pty Ltd
General Terms and Conditions of Supply

1. Interpretation
‘Contract’ means any contract pursuant to which Products and/or Services are supplied or to be supplied by Next Solutions Pty Ltd to the Customer and computer software incorporated therein is licensed or to be licensed by Next Solutions Pty Ltd for use by the Customer. ‘Customer’ means the person or company to whom Products and/or Services are supplied and includes that company’s successors and permitted assigns. ‘Next Solutions Pty Ltd’ means Next Solutions Pty Ltd, the supplier of Products and/or Services to the Customer, and includes Next Solutions Pty Ltd.’s successors or assigns.

‘Products and/or Services’ means the products and/or services supplied by Next Solutions Pty Ltd to the Customer pursuant to a Contract and specified on the invoice dispatched by Next Solutions Pty Ltd to the Customer.

2. Operation
Any Contract between the Customer and Next Solutions Pty Ltd shall be upon these terms and conditions and these terms and conditions shall operate to the exclusion of any terms and conditions to the contrary effect expressed in any of the Customer order forms or other documentation and shall supersede all prior arrangements, written or oral. The continued operation of these terms and conditions shall not be affected by any repudiation of any contract or transaction relating to the Products and/or Services between Next Solutions Pty Ltd and the Customer.

3. Terms of Payment
Unless the Customer is an approved account Customer, payment must be made on placement of purchase order and Services will be invoiced on an ad-hoc basis and will be due 7 days after the date of our invoice, either in cash or by bank cheque, or on approval, by company cheque, direct deposit or accepted credit card. Subject to special arrangements, payment must be made by approved account Customer within agreed terms.

Should the Customer elect to purchase the Products through lease, the Customer is required to notify Next Solutions Pty Ltd in writing and a copy of the approved finance letter must be sent to Next Solutions Pty Ltd prior to the dispatch of Products.

All payment shall be made on or before the due date as a condition precedent to future supplies under the contract pursuant to which the payments are due or under any other Contract.

Next Solutions Pty Ltd reserves the right to charge interest calculated at 2% per annum above the rate at the time being charged by the bankers of Next Solutions Pty Ltd on overdrafts exceeding $10,000 on the balance of the Price due by the Customer but unpaid from the due date until payment is received in full by Next Solutions Pty Ltd. Next Solutions Pty Ltd may at any time and from time to time alter the terms of payment and such altered terms of payment shall apply in respect of all transactions taking place after notification of such alterations.

4. Goods and Services Tax (GST)
Next Solutions Pty Ltd is registered for the GST system. All quoted prices show the Next Solutions Pty Ltd sell price, a Goods and Services Tax of 10% and/or a combined total which defines the invoice price payable. Next Solutions Pty Ltd agrees to issue tax invoices in accordance with relevant legislation or regulations that apply to the GST from time to time.

5. Delivery
In consideration of the payment by the Customer, in addition to the price, of Next Solutions Pty Ltd.’s freight, handling and insurance charge calculated according to Next Solutions Pty Ltd current prices, Next Solutions Pty Ltd will arrange delivery of Products to the Customer’s nominated location within major metropolitan areas of Australian capital cities.

Delivery times quoted by Next Solutions Pty Ltd are estimates only and Next Solutions Pty Ltd may extend delivery times.

Next Solutions Pty Ltd may make part delivery of any Products and/or Services ordered by the Customer and any Products and/or Services so delivered shall constitute a separate contract upon these terms and conditions. As such, an invoice on any Products and/or Services part delivered is due in accordance with the agreed terms of payment.

Delivery of Products is deemed to take place: at the time the Customer or a carrier, whether engaged by Next Solutions Pty Ltd or the Customer, takes possession of the Products; or within 7 days of notification by Next Solutions Pty Ltd to the Customer that the Products are available, whichever first occurs. Delivery of Services is deemed to take place on completion of the provision of the Services to the Customer by Next Solutions Pty Ltd.

6. Cancellation or Variation
Any Cancellation or Variation to an order must be an agreed upon change or modification to the deliverables, consulting services or other material aspect of the Statement or Work. All cancellations or variations must be in writing setting forth the details of the modification and any adjustments to the price, delivery schedule, payment schedule, consulting services and criteria.

All Cancellations or variations must be mutually agreed by the parties in writing. Pending such agreement, Next Solutions will continue to perform and be paid as if such cancellation or variation had not been requested or recommended. Either party may cancel the contract with (60) days written notice.

7. Title and Licenses
Prior to full payment of the Price and all other sums owing by the Customer to Next Solutions Pty Ltd in relation to any Products, the Customer shall have no right to sell or dispose of any or all of the Products. Until payment for the Products has been made by the Customer the Products are only entrusted to the Customer as a fiduciary, and Next Solutions Pty Ltd remains the legal and beneficial owner of the Products with full power to resell and regain possession in the event of the Customer’s default of payment.

The Customer acknowledges and agrees that all rights in all copyright, designs, patents and trademarks existing in relation to the Products or Services are reserved to the owner of those rights. The Customer licenses computer software incorporated within any Products or sold to the Customer for the customer’s use only. The Customer shall ensure that each part and copy of the computer software licensed for the use of the Customer is kept under conditions of strict security and confidentiality.

8. Risk and Insurance
The Customer assumes risk of loss or damage upon delivery of the Products to the Customer or collection of the Products by the Customer or by any agent acting on their behalf. Next Solutions Pty Ltd will insure Products against such risks that Next Solutions Pty Ltd considers appropriate for the transport of the products from Next Solutions Pty Ltd.’s place of business to that of the Customer.

9. Returns
Products may be returned provided the Customer obtains from Next Solutions Pty Ltd a Return Authorisation (RA) Number in advance of returning the Products. Products must be returned complete with all original packaging unmarked within 14 days of supply. Freight is to be paid by the Customer and Next Solutions Pty Ltd accepts no responsibility in respect of returned Products lost or damaged in transit.

10. Warranty
Next Solutions Pty Ltd agrees that all warranties as are applicable from time to time will be passed unaltered from the manufacturer of the Products to the Customer. Next Solutions Pty Ltd does not warrant any Products of its own accord and all remedies, repairs or replacement for any Products will be at the ultimate discretion of the manufacturer.

11. Limitation of Liability
Next Solutions Pty Ltd shall not be responsible for any misinformation provided to it by the Customer or any third party.

Next Solutions Pty Ltd shall not be liable for any direct or consequential Loss or Damage including without limitation, direct or indirect damages for personal injury, loss of business profit, business interruption, loss of business information or any other pecuniary loss arising out of the use of the recommendations and solutions provided under this agreement.

Further, the Customer agrees that it may only take action against Next Solutions Pty Ltd for Loss or Damage, such that if any of: Next Solutions Pty Ltd.’s employees, directors, sub-contractors and agents; its sub-contractors’ and agents’ employees, directors, sub-contractors and agents; and so on down the line, would be liable as well as Next Solutions Pty Ltd for any Loss or Damage, action will not be taken by the Customer against such person or entity.

12. Confidentiality
Next Solutions Pty Ltd, its agents, or subcontractors shall not divulge confidential Customer information associated with any Services provided to any third party, without the Customer’s consent. However, Next Solutions Pty Ltd shall bear no responsibility for disclosure where such information or data is publicly available, is already in the possession of Next Solutions Pty Ltd, known to Next Solutions Pty Ltd, or is obtained by Next Solutions Pty Ltd from a third party. This document should not be distributed to any organisation without the prior written consent of Next Solutions Pty Ltd.

13. General Provisions
The laws of the State of South Australia shall govern this Contract.

This Contract is the entire agreement between the Customer and Next Solutions Pty Ltd and no representation or statement not expressly contained in this contract or incorporated herein by reference, shall be binding on either party.

14. Intellectual Property Rights
The Customer is provided with a non-transferable, non-exclusive right to use the content of the document, and or scripts or software customisations for the purpose of using or implementing the outcomes or recommendations contained in this document. The intellectual property rights of and in this document, or scripts or software customisations are commercial in confidence and must not be disclosed to any third party by the Customer except for the purpose of assisting the Customer to use or implement the outcomes or recommendations contained in this document, or scripts or software customisations.

Furthermore, no part of this document or scripts or software customisations must be reproduced in whole or in part, or supplied to any third party without the prior written consent of Next Solutions Pty Ltd. If the Customer is unable to comply with these intellectual property terms and conditions, then the Customer must inform Next Solutions Pty Ltd as soon as reasonably possible and return this document or scripts or software customisations.

15. Force Majeure Exclusion
Next Solutions Pty Ltd is not liable for the failure to complete either in part or full any of this contract and shall be excluded from indemnity as a direct or indirect result of any occurrences beyond our control, including but not limited to strike, war, riot, embargoes, acts of civil or military authorities, fires, floods, earthquakes and other natural disasters.

Mobirise
Address

Suite 1D, 539 Greenhill Road
Hazelwood Park SA 5066

Contacts

support@nextsolutions.com.au    
Phone: (08) 8333 3600                  
Fax: (Really) who uses fax

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