Terms & Conditions

  1. Interpretation - In these conditions
    1. 'Vendor' means BRILLIANT COMPUTER SOLUTIONS PTY LTD (Trading as Brilliant Technologies) ACN 010 844 658 of PO BOX 6725, Cairns QLD which is the seller of the goods.
    2. 'Purchaser' means the purchaser of the goods specified overleaf.
    3. 'Goods' means the products including accessories and spare or replacement parts and, if any, services specified overleaf.
    4. 'Consumable Goods' means to include but not be limited to paper, ink, ink cartridges and the like.
    5. 'Service Work' means servicing of goods to include but not be limited to labour, parts, phone and/or other support.
    6. Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding,, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.
  2. General - These conditions (which shall only be waived in writing signed by the vendor) shall prevail over all conditions of the purchaser's order to the extent of any inconsistency.
  3. Terms of Sale - The goods and all other products sold by vendor are sold on these terms and conditions.
  4. Vendor's Quotations - Unless previously withdrawn, vendor's quotations are open for acceptance within the period stated therein or, when no period is so stated, within 14 days only after its date. The vendor reserves the right to refuse any order based on this quotation within 7 days after the receipt of the order.
  5. Packing - The cost of any special packing and packing materials used in relation to the goods shall be at the purchaser's expense notwithstanding that such cost may have been omitted from any quotation.
  6. Shortage - The purchaser waives any claim for shortage of any goods delivered if a claim in respect thereof has not been lodged with the vendor within 7 days from the date of receipt of goods by the purchaser.
  7. Drawings etc - All specifications, drawings, and particulars of weights and dimensions submitted to vendor are approximate only and any deviation shall not be taken to make valid any contract with vendor or form grounds for any claim against vendor. The descriptions, illustrations and performances contained in catalogues, pricelists and other advertising matter do not form part of the contract of sale of the goods. Where specifications, drawings or other particulars are supplied by the purchaser, vendor's price is made on estimates of quantities required. Should there be any adjustments in quantities above or below the quantities estimated by vendor and set out in a quotation, then any such increase or decrease shall be adjusted on a unit rate basis according to unit prices set out herein.
  8. Performance - Any performance figures given by vendor are estimates only. Vendor shall be under no liability for damages for- failure to attain such figures unless specifically guaranteed in writing and any such written guarantee shall be subject to the recognised tolerances applicable to such figures.
  9. Delivery - The delivery times made known to the purchaser are estimates only and vendor shall not be liable for late delivery or non-delivery and under no circumstances shall vendor be liable for any loss, damage or delay occasioned to the purchaser or its customers arising from late or non-delivery or late installation of the goods.
  10. Loss or Damage in Transit - Vendor is not responsible for any loss or damage to goods in transit Vendor shall render the purchaser such assistance as may be necessary to press claims on carriers provided the purchaser shall have notified vendor and the carriers in writing immediately after loss or damage is discovered on receipt of goods and shall lodge a claim on the carrier within three (3) days of the date of receipt of the goods.
  11. Further Assurances
    1. Vendor's liability for goods manufactured by it is limited to making good any defects by repairing the same or at vendor's Option by replacement, within a period not exceeding three calendar months after the goods have been dispatched provided that:
      1. Defects have arisen solely from faulty materials or workmanship:
      2. The goods have not received maltreatment, inattention or interference;
      3. Accessories and consumables of any kind used by the purchaser are manufactured by or approved by vendor;
      4. The seals of any kind on the goods remain unbroken: and
      5. The defective parts are promptly returned free of cost to vendor.
    2. If goods are not manufactured by vendor the guarantee of the manufacturer thereof shall be accepted by the purchaser and is the only guarantee giver to purchaser in respect of the goods.
    3. Vendor shall not be liable for and purchaser releases vendor and all persons or entities acting on behalf of the vendor from any and all claims in respect of any injury or death to persons or loss or damage to property due to installation and/or faulty or defective design of any goods supplied unless such design has been wholly prepared by vendor and the responsibility for any claim has been specifically accepted by vendor in writing and in any event vendor's liability hereunder shall be strictly limited to the replacement of defective parts in accordance with para 11 (1) of these conditions.
    4. Except as provided herein, all express and implied warranties, guarantees and conditions under statute or general law as to merchantibility, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are hereby expressly excluded and vendor shall not be liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the goods or arising out of vendor's negligence or in any way whatsoever.
  12. Vendor's liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974 (other than s 69) is hereby limited to:
    1. In the case of goods, any one or more of the following:
      1. The replacement of the goods or the supply of equivalent goods,
      2. The repair of goods;
      3. The payment of the cost of replacing the goods or of acquiring equivalent goods;
      4. The payment of the cost of having the goods repaired; or
    2. In a case of services:
      1. The supplying of the services again; or
      2. The payment of the cost of having the services supplied again.
  13. Vendor's liability under s 74H of the trade practices act of 1975 is expressly limited to a liability to pay to the purchaser an amount equal to:
    1. The cost of replacing the goods;
    2. The cost of obtaining equivalent goods; or
    3. The cost of having the goods repaired, whichever is the lowest amount.
  14. Consequential Loss - Without limiting the generality of the foregoing clauses numbered 11 to 13 inclusive, the vendor shall not be liable for any indirect or consequential loss or damage which the purchaser may sustain or incur howsoever arising.
  15. Prices - Unless otherwise stated all prices quoted by vendor are inclusive of sales tax. Prices quoted are those ruling at the date of issue of quotation and are based on rates of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, rate of weights, cost of materials and other charges affecting the cost of production ruling on the date the quotation is made and any alterations thereto either before acceptance of or during the currency of the contract shall be to the purchaser's account.
  16. Payment
    1. Purchasers with a trading account
      1. Capital Equipment - Purchaser shall pay a deposit of 1/3 of the total purchase price on making of order. Balance payable on or before 7 days of vendor sending invoice to purchaser.
      2. Consumables and Service Work - Payable in full 30 days from vendor sending invoice to Purchaser.
      3. Overdue Accounts — The purchaser agrees that all overdue accounts attract a monthly interest charge of 2% until paid in full.
    2. Purchasers without a trading account
      1. Capital Equipment - Purchaser shall pay a deposit of half the total purchase on placing of order. Payment of the balance thereof is payable on or before the delivery of the goods.
      2. Consumable and Service Work - Payable in full on or before delivery.
      3. Overdue Amounts - the purchaser agrees that all overdue accounts attract a monthly interest charge of 2% until paid in full.
  17. Only Terms and Conditions - These conditions of sale contain all the terms and conditions agreed upon by vendor and purchaser. Any variations or additions must be in writing signed by both parties.
  18. Place of Contract - The contract for sale of the goods is made in Queensland and the parties agree to submit all disputes arising between them to the courts of such state at any court competent to hear appeals therefrom.
  19. Rights in Relations to Goods - Vendor reserves the following rights in relation to the goods until all accounts owed by the purchaser to vendor are full paid:
    1. Legal ownership of goods;
    2. To enter the purchaser's premises (or the premises or any associated company or agent where the goods are located) without liability for trespass or any resulting damage and take possession of the goods without diminishing any other rights in relation to the goods that the vendor might have; and
    3. To keep or resell any goods repossessed pursuant to (2) above and in the case of a resale any loss or expenses incurred by the vendor shall be for the Purchaser's account; If the goods are resold, or product manufactured using the goods sold, by the purchaser, the purchaser shall hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of vendor and shall pay such amount to vendor upon request Notwithstanding the provisions above vendor shall be entitled to maintain and action against the purchaser for the purchase price and the risk of the goods shall pass to the purchaser upon delivery.
  20. Purchaser's Property - Any property of the purchaser under vendor's custody or control shall be entirely at the purchaser's risk as regards lost or damaged caused to the property or by it
  21. Storage - Vendor reserves the right to make a reasonable charge for storage if delivery instructions are not provided by the purchaser within 14 days of a request by vendor for such information.
  22. Returned Goods - Vendor shall not be under any obligation to accept goods returned by the purchaser and will do so only on the terms to be agreed in writing in each individual case.
  23. Goods Sold - All goods to be supplied by vendor shall be described on the purchase order agreed by vendor and purchaser and the description on such purchase order modified as so agreed shall prevail over all other descriptions including any purchaser's specification or enquiry.
  24. Disposal - The vendor reserves the right to dispose or sell any goods not collected by a purchaser or owner of goods upon the vendor given 3 months written notice to the purchaser or owner to collect the goods.
  25. Cancellation - No order may be cancelled except with the consent in writing and on terms which will indemnify vendor against all losses.