SPECTER
 SYSTEMS

Terms and Conditons of Sale

1. Specter Systems Pty Ltd will be known as ‘The Company’ in these Terms and Conditions of Sale.
2. Payment terms are strictly C.O.D. or 7 days from date of invoice to approved customers.
3. Credit limits granted may not be exceeded without the written prior consent of the Company.
4. The Customer must obtain a written ‘return authorisation’ before returning any products to the Company. No products will be accepted after 10 days from invoice date. A restocking fee applies. Software cannot be returned.
5. All Pricing contained within this quote is valid for 7 days only. E&OE.
6. The Customer hereby acknowledges that, should any amount not be paid on the invoice due date, or any payment by cheque be unpaid, the entire balance then
outstanding shall immediately become due and payable without any notice whatsoever. The Customer agrees that a service charge of 0.05% per day on overdue balances may be charged to the Customer’s account at the discretion of the Company.
7. In the event of the Company instructing its solicitors to collect an overdue amount all legal fees and collection charges and tracing agents fees as between
solicitor and client shall be born by the Customer and all payments made shall firstly be allocated towards such fees and charges thereafter to interest and finally
to capital.
8. The Customer hereby consents to the jurisdiction of the Laws of New South Wales for all actions which may be instituted against it for the recovery of any
amounts owing to the Company.
9. (a) Product supplied by the Company to the Customer will be at the Customer’s risk upon delivery to the Customer or into the Customer’s custody (whichever is the sooner), and the Customer must insure the product thereafter against such risks as the Company reasonably requires.
9. (b) Ownership of the product supplied by the Company will not pass to the Customer and will remain with the Company until such time as the product the subject of the Contract and all other products supplied by the Company to the Customer and all debts owing by the Customer to the Company from any other cause, have been paid in full.
9. (c) The Customer irrevocably agrees and undertakes that if the Customer breaches any of these Terms and Conditions of Sale the Company (its servants or agents),
will have the right forthwith (and without prejudice to any other rights the Company may have pursuant to these Terms and Conditions of Sale or at law or in equity)
without notice or demand to immediately enter upon the Customer’s premises and retake possession and remove the product in the possession of the Customer or
wheresoever situated.
10. Notwithstanding 9(a), 9(b), and 9(c) above, the risk of any loss or damage to or any deterioration in product from whatever cause shall pass to the Customer at
the time of delivery.
11. The terms and conditions contained herein constitute the entire Agreement between the parties and no amendment or variation shall be of any force and effect
unless in writing and signed by both the Company and the Customer. No representations have been made by the Company or on its behalf which have induced the Customer
to enter into this Agreement. Any items or conditions which the Customer seeks to apply are of no force or effect.
12. No relaxation or indulgence granted by the Company to the Customer shall be deemed as a waiver of any rights of the Company in terms of this Agreement and such
relaxation or indulgence shall not be deemed a novation of any terms and conditions of this agreement.
13. The Company shall not be responsible for any loss or damage howsoever caused to the property or person of the Customer or any third party as a result of any
defect in the product whether patent or latent, and the Customer indemnifies the Company against any claims made against it by any third party arising out of any
such defects except as provided for by statutory warranties.
14 . To the full extent permitted by law, any warranty or condition implied (or other liability put on the Company) under law is excluded. However, if it cannot
lawfully be excluded, then if allowed, the Company’s liability is limited to repairing or replacing or re‐servicing the products supplied or supplying equivalent
products or in the case of software the Company will only replace the software (whichever option it chooses) at no charge to the Customer.
15. Subject to 14, the Company excludes all liability, in contract, tort (including negligence) or otherwise for all claims, actions, loss, liability or damage
(whether direct, indirect, consequential or incidental loss or damage and whether for loss of profits, costs of delay or data or otherwise) suffered or incurred by
the Customer or anybody else because of a failure of any products or software supplied, or services performed, or any act, omission, delay or non performance by the
Company or any network service provider.
16. A 3.3% surcharge will apply for credit card payments.
17. The Customer agrees that the Company may give certain information about the Customer to a credit reporting agency to obtain a credit report about the Customer.
(The information which may be given is covered by s18E(1) of the Privacy Act 1988 (the ‘Act’) and includes identity particulars and the fact that the Company is
entering this Agreement).
18. The Customer agrees that the Company may seek and obtain information about the Customer from a credit reporting agency or another credit provider and give
information about the Customer to another credit provider. (This may include anything about credit worthiness, history, standing or capacity, including information
about commercial credit, which credit providers are permitted by the Act to obtain or receive).
19. The Customer’s personal information may be used by the Company and its related bodies corporate for the purposes of maintaining a record of its dealings with
the Customer and contacting the Customer from time to time in relation to products and services which may be of interest to the Customer. The Customer should let
the Company know if it does not wish such information to be used and disclosed for these purposes, otherwise the Company will assume that the Customer has consented
to the use and disclosure of the information for these purposes.
20. Information concerning the Company’s policies with respect to personal information is contained in its privacy policy as current from time to time which is
available on request or on the website at http://www.spectersystems.com.au