These Terms set out the terms and conditions that apply to Syntegra’s supply of Products to its Customers.
Definitions
Business Day | means a day other than a Saturday, Sunday or national public holiday in NSW, Australia. |
Customer | means the person or corporate entity who purchases Products from Syntegra. |
Syntegra | means Syntegra Pty Ltd (ABN 25658709310) |
Products | means all goods and/or services including software supplier to Customer by Syntegra. |
Terms | means these Customer Terms of Sale as updated by Syntegra from time to time, which shall include the relevant Order Policy, Returns Policy, the terms of any purchase order or addendum, and any other document incorporated by reference or as specified as part of these Terms and Conditions. |
Orders
The Customer must only make orders for Products on Syntegra’s website. The Customer also acknowledges that all orders are subject to acceptance by Syntegra. Syntegra may reject any orders placed by the Customer if:
- it has an issufficient quantity of Products available to fulfil such order; or
- it suspects the order was made fraudulently by the Customer (or representative of the Customer, authorised or non authorised)
- it has made an error of quoted price or availability
Payment
- The price payable by the Customer to Syntegra for the Products will be the quoted price on Syntegra’s website or as otherwise adviced by Syntegra.
- The Customer must pay Syntegra for the Products, including any handling, delivery charges or duties imposed.
- Unless state otherwise in these Terms and Conditions, all prices quoted for Products are exclusive of all GST and other taxes.
- If GST is payable as a consequence of any supply made (or deemed to be made) by one party to the other party in connection with this
agreement, the party receiving the supply must pay to the party making the supply an amount equal to the GST payable in respect of the supply (“GST Amount”) in addition to the amounts otherwise payable.
Delivery
Delivery times advised to Customer are estimates only and to the fullest extent permitted by law, Syntegra will not be liable for any loss, damage or delay suffered or incurred by Customer or by Customer’s end customers arising from late delivery of the Products.
Part Deliveries
Syntegra may make part deliveries of any order, and each part delivery will constitute a separate supply of the Products for the purposes of these Terms and Conditions.
Inspection and acceptance
The Customer must:
- in the case of all Products ordered, inspect such Products upon delivery to Customer’s premises; or
- in the case of software Products, test of inspect such software Products upon those Products being delivered,
and must within 7 days of delivery, give written notice to Syntegra at webmaster@syntegra.au if the Product delivered is not the same Product that was ordered. Failing such notice and to the extent permitted by law, the Products will be deemed to have been accepted by the Customer.
Returns
The Customer must notify Syntegra in writting of any Products it wishes to return withing 7 days from the date of the invoice relating to those Products. Syntegra at its discretion may deduct up to a 20% restocking fee. These Products must be in a sealed, and re-sellable form. In the case of software licenses, used license keys are not returnable.
Warranty
The Products may be covered by manufacturers’ warranties. To the full extent permitted by law, Syntegra’s entire responsibility with respect to warranties for the Products is to pass on to the Customer the benefit of any such manufacturers’ warranties that are provided to Syntegra for such Products, to the extent it is permitted and possible to do so.
Syntegra does not warrant the Products, beyond what is already available by manufacturers.
General
- Any provision of these Terms which is invalid or unenforceable in a jurisdiction is to be read down or severed in that jurisdiction to the extent of the invalidity of unenforceability, and this does not affect the validity of enforceability of that provision in another jurisdiction or of the remaining provisions.
- A provision of or a right under this agreement may not be waived or varied except in writing signed by the person to be bound.
- A party may give its approval or consent conditionally or unconditionally or withhold its approval or consent in its absolute discretion unless these Terms and Conditions expressly provide otherwise.
- Customer acknowledges that some Products may be controlled under export laws. Customer shall not export, re-export, or distribute Products, in violation of any such export control laws or regulations.
- Consistent with Syntegra’s high standards for business ethics and its determination to be a responsible business citizen, Syntegra places a high priority on compliance with laws regulating exports, imports and supply chain security. Syntegra’s compliance responsibilities include appropriate screening, contractual and security requirements that agents, distributors, suppliers and other parties doing business with Syntegra may have to meet. In addition to meeting Syntegra’s requirements, agents, distributors, suppliers and other parties doing business with Syntegra are also required to comply with the letter and spirit of all applicable laws regulating exports, imports, and supply chain security.
- These Terms are governed by the laws of the State of New South Wales and each party irrevocably and unconditionally submits to the nonexclusive jurisdiction of the courts of the state of New South Wales and waives without limitation any claim or objection based on absence of jurisdiction or inconvenient forum.