Terms and Conditions
All goods and services are supplied on the terms and conditions set out herein and no addition or variation to these terms and conditions will have any effect unless expressly agreed in writing by Trynerd Technologies.
Quotations
- Unless previously withdrawn, a quotation is valid for 30 days or such other period as stated in it. A quotation is not to be construed as an obligation to sell and no contractual relationship shall arise from it until the Buyer’s order has been accepted by Trynerd Technologies.
- Cancellation of an order can be made only with Trynerd Technologies's consent and upon terms that will compensate the Trynerd Technologies against loss.
- Trynerd Technologies may at any time refuse installation, shipment or cancel unfilled orders, when in Trynerd Technologies's opinion the financial conditions of the Customer, or the status of the Customer's account, warrant it.
- Changes to existing orders requested by the Customer shall not be effective unless accepted in writing by Trynerd Technologies. The Customer shall be liable for any costs, expenses, and liabilities incurred by Trynerd Technologies in connection with any such change requested.
Terms of Payment
- The quoted price for the goods and services must be paid for in full upon or before delivery.
- The Customer is not entitled to withhold payment or make any deduction from the quoted price of the goods and services in respect of any set off or counterclaim.
- If the Customer fails to pay for any instalment of the goods or service, Trynerd Technologies may at its absolute discretion, but without prejudice to any other remedy it may have, postpone the fulfilment of its obligations under this order and under any other order with this Customer until such payment is made. Trynerd Technologies may charge to the Customer any extra expense incurred as a result of this action.
Property in the Goods
- Notwithstanding delivery of the goods to the Customer, property in the goods will not pass to the Customer until the Customer has paid to Trynerd Technologies all sums owing by the Customer to Trynerd Technologies under the order.
- Where payment is not made on or before the due date, the Customer will, upon demand by Trynerd Technologies, deliver up the goods to Trynerd Technologies, failing which Trynerd Technologies is irrevocably authorised to enter upon the place where the goods are situated and remove them and the Customer will indemnify the Trynerd Technologies against any action claim or demand arising out of the exercise by Trynerd Technologies of its powers under this sub-clause.
- Where the Order is for delivery of goods by instalments, property will not pass in any instalment until payment has been made to Trynerd Technologies for the whole Order.
Intellectual Property
All copyright, design rights and other intellectual property in any design, specifications, process, method of working or other information relating to the Goods (other than that provided by the Customer to Trynerd Technologies) shall vest for all time in Trynerd Technologies. Trynerd Technologies only grants to the Customer an irrevocable licence to use the software.
Cancellation or Suspension of Orders
Except where the Customer has a statutory right of termination, orders accepted by Trynerd Technologies may not be cancelled either wholly or in part without the consent in writing by Trynerd Technologies.
Liability
- Any service or advice which may be offered by Trynerd Technologies, its servants or agents to the Customer or its agents, is rendered in good faith and Trynerd Technologies shall not be liable for any loss or damage arising therefrom.
- For the avoidance of doubt, Trynerd Technologies will be under no liability whatsoever to the Customer for any loss, injury or damage (including consequential loss, injury or damage) suffered or caused as a result of or arising out of any act or omission (whether negligent or otherwise) by Trynerd Technologies, its servants or agents or any other person in any way related to or arising out of the Order by Trynerd Technologies.
Paramountcy
These General Terms and Conditions of Quotation and Sale shall constitute the entire agreement between Trynerd Technologies and the Customer and no terms, conditions, obligations or other provisions of any nature not contained in these General Terms and Conditions of Quotation and Sale shall be of any effect.
For the avoidance of doubt, these General Terms and Conditions of Quotation and Sale shall apply in all circumstances, including where the Customer validly accepts this quotation or where the Customer and Trynerd Technologies otherwise proceed with carrying out work under the Order, whether or not the Customer, at any time and by any means, purports to impose its own terms and conditions.
Governing Law of Contract
These General Terms and Conditions of Quotation and Sale are governed by, and are to be construed in accordance with, the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts of Queensland and any court hearing appeals from those courts.
Acceptance
Acceptance may be by any one of the following ways:
(a) giving us instructions after viewing this document; or
(b) contacting us and advising of your acceptance either verbally or via written means; or
(c) using our services.
Trynerd Technologies will provide you with the IT services performed with professional skill and diligence that is set out in this document and will keep you informed of the progress of the matter.
Our terms and conditions are subject to update without notice and should therefore be regularly reviewed.