These Terms and Conditions ("Terms") govern the sale of POS and KIOSK hardware and software (collectively, "Products") by eDimensions Pty Ltd ("Provider") to the purchaser ("Customer"). By accepting a quote or placing an order with Provider for these Products and Services, Customer agrees to these Terms and all other general terms and conditions applicable to purchases from eDimensions Pty Ltd.
1.1 Products: The Products provided under this agreement are detailed in the quote or proposal provided by Provider ("Quote"). All Products remain the property of the Provider until full payment is received.
1.2 Services: The scope of Services is outlined in the Quote.
2.1 Prices: The prices for Products and Services are specified in the Quote and are exclusive of applicable taxes, shipping, and handling charges, unless otherwise stated.
2.2 Payment Terms: Payment terms are net 1 days from the date of invoice, unless otherwise agreed upon in writing by Provider.
3.1 The price in the Quote excludes the following unless expressly stated otherwise:
4.1 Delivery Terms: Delivery dates and shipping terms will be as specified in the Quote. Provider will use commercially reasonable efforts to facilitate delivery, but such dates are estimates and not guaranteed.
4.2 Risk of Loss: Risk of loss or damage to the Products passes to Customer upon delivery.
4.3 Freight: Freight is determined and calculated at the point of shipping and added to the final invoice.
5.1 Manufacturer's Warranty: Customer acknowledges that the warranty for the Products is provided solely by the manufacturer or wholesaler of the Products ("Supplier").
5.2 Warranty Process: In the event of a warranty claim, Customer agrees to follow the warranty procedures specified by the Manufacturer. This may include returning faulty hardware to the Manufacturer's designated service centre at Customer's expense.
5.3 Warranty Disclaimer: Provider makes no warranties, express or implied, with respect to the Products or Services provided hereunder, including but not limited to any warranty of merchantability or fitness for a particular purpose.
5.4 Claims: Any claims under the warranty provided by the Manufacturer will be directed to the Manufacturer in accordance with their warranty terms.
6.1 Consequential Damages: In no event shall Provider be liable for any consequential, indirect, incidental, special, or punitive damages, including without limitation, lost profits, loss of use, or loss of data.
6.2 Limitation of Liability: Provider’s total liability arising out of or related to the Products and Services shall not exceed the total amount paid by Customer to Provider under the Quote.
7.1 Ownership: Provider retains all right, title, and interest in and to any intellectual property provided as part of the Products or Services.
7.2 License: Provider grants Customer a non-exclusive, non-transferable license to use the software provided as part of the Products in accordance with its intended use.
8.1 Confidential Information: Each party may have access to the other party's confidential information. Confidential information shall be kept confidential and not disclosed to third parties, except as required by law.
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