Terms and Conditions of Print Management Consultants Limited (trading as PMC Technology)
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Definitions
In these Terms and Conditions:
“PMC” refers to Print Management Consultants Limited (trading as PMC Technology).
“You” refers to the customer placing an order with PMC.
“Goods” includes but is not limited to barcode printers, barcode scanners, plastic card printers and consumables, security products, wristband printers and consumables, mobile computers and accessories, RFID readers and components, mobile phones and accessories.
“Order” means a purchase order placed with PMC.
“PPSA” means the Personal Property Securities Act 2009 (Cth).
“Security Agreement” and “Security Interest” have the meanings as defined in the PPSA. -
General
Payments made via credit card will appear as “PMC Technology” on your bank statement.
Prices are in Australian Dollars (AUD) and payments are securely processed through Windcave. PMC does not store credit card details and is PCI compliant.
Any Order accepted by PMC is subject to these Terms and Conditions.
Variations or modifications to these Terms must be agreed to in writing by PMC.
Certain products may be classified as “Authorized Products” and may not be available to all customers.
PMC reserves the right to modify these Terms at any time by providing notice to you. Your continued ordering of Goods from PMC constitutes acceptance of the amended Terms. -
Prices
Prices may be subject to change due to fluctuations in costs, including but not limited to shipping, materials, services, or exchange rates.
Prices listed are exclusive of GST unless otherwise stated.
PMC reserves the right to accept or reject any Order at its sole discretion. -
Payment
Payments must be made prior to delivery unless an approved account is in place, in which case payment is due 20 days after the end of the month of invoicing.
Payment methods include via direct credit or credit card.
Overdue accounts may be suspended until payment is received.
Interest on overdue amounts is charged at 1.5% per month.
Debt collection fees and legal costs incurred in recovering overdue payments are payable by you. -
Delivery
Delivery is to the address specified in the Order, and freight costs are payable unless otherwise agreed.
Claims for damage or shortage must be made in writing within two (2) business days of delivery.
Claims for lost Goods must be submitted within seven (7) days of dispatch.
PMC is not liable for delays in delivery due to unforeseen circumstances.
Risk in the Goods passes to you upon delivery, but PMC retains ownership until full payment is received. -
Force Majeure
PMC is not liable for delays or failures in performance due to causes beyond its control, including but not limited to natural disasters, strikes, government interventions, or transportation disruptions.
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Insurance
PMC does not insure Goods in transit unless requested in writing by you.
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Order Cancellation
Orders may not be cancelled once invoiced without PMC’s written agreement.
Approved cancellations are subject to a restocking fee of $35.00AUD or 15% of the invoice value, whichever is greater.
Special or indent orders are non-cancellable once accepted by PMC. -
Returns
Returns require prior approval from PMC and a completed RMA form.
Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA) 11.1 The Customer must inspect the Goods on delivery and must within seven (7) days of delivery notify PMC Technology in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote.
Full-priced items must be returned within 14 days, and sale items within 7 days.
Goods must be returned in original packaging with all documentation (including a completed RMA form) and accessories.
Unauthorized returns will be sent back at your expense.
The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification, the Customer must allow PMC Technology to inspect the Goods.
Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
PMC Technology acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, PMC Technology makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. PMC Technology’s liability in respect of these warranties is limited to the fullest extent permitted by law.
If the Customer is a consumer within the meaning of the CCA, PMC Technology’s liability is limited to the extent permitted by section 64A of Schedule 2
If PMC Technology is required to replace the Goods under this clause or the CCA, but is unable to do so, PMC Technology may refund any money the Customer has paid for the Goods.
If the Customer is not a consumer within the meaning of the CCA, PMC Technology’s liability for any defect or damage in the Goods is: (a) limited to the value of any express warranty or warranty card provided to the Customer by PMC Technology at PMC Technology’s sole discretion; (b) limited to any warranty to which PMC Technology is entitled if PMC Technology did not manufacture the Goods; (c) otherwise negated absolutely.
PMC Technology shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of: (a) the Customer failing to properly maintain or store any Goods; (b) the Customer using the Goods for any purpose other than that for which they were designed; (c) the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user; (d) the Customer failing to follow any instructions or guidelines provided by PMC Technology; (e) fair wear and tear, any accident, or act of God.
Notwithstanding anything contained in this clause if PMC Technology is required by a law to accept a return then PMC Technology will only accept a return on the conditions imposed by that law.
All goods returned are at the customers expense unless otherwise agreed. -
Ownership and Security Interest
Risk passes to you upon delivery, but ownership remains with PMC until full payment is made.
If Goods are incorporated into other products, PMC retains an interest in the resulting product.
You may sell Goods on behalf of PMC but must hold proceeds in trust for PMC.
If you default in payment, PMC reserves the right to reclaim Goods. -
Confidentiality
Both parties agree to maintain confidentiality over business and customer information shared in the course of dealings.
No public announcements or press releases regarding PMC or its products are permitted without prior written consent. -
Liability
To the maximum extent permitted by law, PMC shall not be liable for any damages or loss of any kind arising from the failure of Goods to function or operate satisfactorily, nor for any direct or indirect, incidental, special, or consequential damage or loss to property or person whatsoever. PMC accepts no responsibility or liability for incorrect placement of orders, including via the web.
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Personal Property Securities Act 2009 (Cth) (PPSA)
You grant PMC a Security Interest in Goods supplied and agree that these Terms constitute a Security Agreement.
You must notify PMC in writing of any changes to your name or business structure.
You must not create or allow other security interests over PMC’s Goods without written consent. -
Indemnity
You indemnify PMC against third-party claims, including legal fees, arising from:
Negligence or misconduct by you or your representatives;
Unauthorized warranties or representations made by you;
Any modifications made to the Goods without PMC’s approval;
Non-compliance with these Terms. -
Severability
If any provision in these Terms is deemed illegal or unenforceable, it will be severed, and the remaining provisions will continue in effect.
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Governing Law
These Terms and Conditions are governed by the laws of Australia. You agree to submit to the exclusive jurisdiction of Australian courts.