Standard Terms and Conditions
1. General: These standard terms and conditions apply to the business transactions described in the proposal attached hereto and set forththebusiness terms on which Design Consulting Pty Ltd and any of its subsidiaries and affiliates (the “Company”) agree to sell products to and/orperform services for the customer. These terms and conditions may only be changed by written agreement signed by the Company. The issuance of apurchase order by Customer for any of the products or services included on the proposal constitutes Customer’s acceptance of these terms and conditions.
2. Prices and Payment: Prices in this proposal are subject to change without notice and are quoted in Australian Dollars (AUD). Customer agrees to pay the online price and fees for the products and services provided under these terms. Unless otherwise noted, prices are inclusive of GST unless otherwise stated.
3. Payment Terms: Payment terms for products not paid by credit card for product sales are net 14 days, subject to approval. COD oradvance payment may be required in certain cases. Should payment not be made by the due date, additional and associated fees, charges, interest and legal costs may beadded to the payment due. Interest will be charged at 3% per day on all overdue payments.
3b. Open Enrollment Training: Full payment in advance of class commencement.
4. Change of Delivery Method and Taxes: Customer acknowledges and accepts that additional taxes may be due and will be invoiced should Customerchange their delivery method (i.e. electronic to physical delivery or physical to electronic delivery) of the products and/or training which results inadditional taxes coming due.
5. Cancellation, Returns and Reschedule:The following cancellation policy shall apply to all training engagements or classes: Company reserves the right to reschedule or cancel the date, time and location of any class at any time. In the event that a training classis cancelled by the Company, the Customer is entitled to a full refund. The Company shall not be responsible for any other loss, regardless ofthe nature of the loss, incurred by Customer as a result of a cancelled or rescheduled class. If Customer cancels or reschedules their commitment by way of written notice received:
- At least three (3) business days in advance of the class start date, then the Customer is entitled to reschedule enrolment within six (6) months of the originally scheduled class date or the Customer can request a full refund of its payment; or,Less than three (3) business days prior to the class start date, Customer will be required to pay the original invoice for the full price of the class and may reschedule his/her enrolment to a future class date for a fee of 20% of the class’s list price on the original invoice. There scheduled class must be completed within 90 days of the originally scheduled class dateIn the event of any cancellation or rescheduling by Customer of Consulting Services and/or Dedicated/Custom Training, Company willinvoiceCustomer for all non-cancellable travel expenses and/or any third party agreements that cannot be cancelled due to Customer’scancellation or rescheduling. Student substitutions are acceptable with at least two (2) days prior written notice to the class, provided, however, that said substitutionmeetsall of the course prerequisites and is approved by Company’s Training Coordinator ([email protected]). For all Training orders, cancellation notices must be submitted to [email protected] Company is not responsible for any error in the delivery of the email notice.
- Product Orders: Company makes no warranty on any products sold hereunder and any warranty on product sales shall be as provided by the manufacturer or developer of the product. If applicable, title to the products will be retained by Company until the full payment owed by Customer has been received. Once full payment has been received and confirmed, the title to the products will be transferred to Customer. Maintenance and warranty coverage for the products shall be provided by the manufacturer of the products.
- Service Orders: The Company warrants that Services provided hereunder will be performed in a professional and workmanlike manner, consistent with generally accepted industry and professional standards, as proposed based on information provided by client and based on deliverables,assumptions and exclusions highlighted in any proposals or written documentation this quote is based upon.
8. Limitation of Liability: THE WARRANTIES CONTAINED IN THESE TERMS AND CONDITIONS ARE THE ONLY WARRANTIES MADE BYTHE COMPANY. THE COMPANY SPECIFICALLY EXCLUDES AND DISCLAIMS ANY OTHER WARRANTIES OR CONDITIONS EXPRESSOR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE,OR FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING OR USAGE OFTRADE. FOR BREACH OR DEFAULT BY THE COMPANY OF ANY OF THE PROVISIONS OF THIS AGREEMENT, THE COMPANY’S MAXIMUM LIABILITY, REGARDLESS OF THE NATURE OR FORM OF THE CLAIM OR CAUSE OFACTION, SHALL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER FOR THE PRODUCTS/SERVICES THAT ARE THE SUBJECT OFTHE CLAIM. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION,TO, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, OR ANY CLAIM AGAINSTCUSTOMER BY ANY OTHER THIRD PARTY EVEN IF SUCH LOSS IS CAUSED BY THE FAILURE OF THE OTHER PARTY HERETO TO COMPLY WITH ITSOBLIGATIONS UNDER THIS AGREEMENT.
9. Only Terms and Conditions: The terms and conditions of this online store represent the full agreement between the parties and any different or conflicting terms in any Customer purchase order or other Customer document are null and void unless stated otherwise.
