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Terms and Conditions

These are the terms and conditions upon which Encore Network Equipment ABN 40 924 244 522 (“Encore”) will supply products including computer and networking hardware, software, licenses and components (“Products”) and related services including maintenance and support (“Services”) to the person placing an order for such Products and Services (“Customer”).

1. Ordering

1.1 The Customer may order Products and Services from Encore from time to time by submitting a purchase order (“Order”) – which may be faxed, posted, emailed or electronically submitted. In placing an order the Customer agrees to be bound by these Terms and Conditions (“Terms”).
1.2 The parties agree that if there is any inconsistency between these Terms and a term specified in an Order then the Terms will prevail to the extent of the inconsistency.
1.3 The supply of Products and Services by Encore is subject always to the availability of the Products from Encore’s suppliers.  Encore reserves the right to refuse to fulfill an Order if it is unable to secure sufficient quantities of Products to meet the requirements specified in the Order and further accepts no liability regarding this refusal other than refunding any monies already paid.

2. Payment

2.1 The purchase price of Products will be as specified by quotation at the time the Customer submits an Order. Prices are quoted exclusive of GST, Freight, handling and insurance costs, except where otherwise noted. Quotations may be altered at any time without prior notice.
2.2 Encore will invoice the Customer for amounts due detailing how the amounts are calculated and when they are due to be paid.
2.3 The customer must pay the invoices in full as they become due. All equipment remains Encore’s property until the associated invoice is paid in full. Encore reserves the right to recover and take possession of equipment where amounts due are outside of agreed credit terms.

3. Cancellation of Orders

Orders may only be cancelled with Encore’s agreement. Non-faulty product returns (eg incorrectly-ordered goods) are accepted at Encore’s sole discretion and, if agreed to, such returns may incur a re-stocking fee.

4. Warranty
A replacement warranty is provided on all equipment. The details of this warranty are specified in our Sales Invoice. Faulty goods under warranty are to be returned to Encore at the customer’s expense and Encore will source replacements as quickly as possible. At Encore’s sole discretion warranty fulfilment may be effected by refunding all or part of the original sale price.

5. Software license / support for CISCO and other Vendor equipment

In relation to products sold other than as New or through Vendor-Authorised Refurbished programs through local Authorised Distribution, the Customer acknowledges:
5.1 Such products purchased from Encore are supplied without a valid software license (if applicable to that product).
5.2 For CISCO products the Customer may purchase a software license – Encore can supply these.
5.3 Encore is a CISCO Registered Partner for New CISCO Products and Services only.
5.4 All CISCO products are supplied without any bundled CISCO Systems Support (“SMARTnet”) unless specifically stated and/or quoted for.

6. Indemnity
6.1. For the purposes of these Terms, "claim" means any claim by any third person for loss or damage to any property, injury to or death of any person or economic loss arising out of or relating to any or all of the products, any delay or failure in supplying the products and these Terms.
6.2. Customer indemnifies Encore, its employees, agents and subcontractors against all losses, damages, expenses and costs that any of them may sustain or incur as a result, whether directly or indirectly, of any claim.

7. General
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7.1 Customer acknowledges that Encore is an independent contractor.
7.2 All Agreements will be governed by and construed in accordance with the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales.

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