Website terms of use

This agreement applies to all rcstech.com.au Web Site users, and outlines the "Terms and Conditions of Use" of the rcstech.com.au website ("Site").

Terms of sale

1. Definition

"RCS" means RCS Technologies Pty Ltd (ACN 35 002 984 411);
"buyer" means the person placing an order with RCS for the supply of goods;
"goods" means the products including, but not limited to:
(a) the supply of computer hardware and software by way of sale, design, manufacture, configuration, installation;
(b) repair of computer hardware and software; and/or
(c) the provision of technical support services for network solutions and managed services, which are the subject of an order placed by the buyer;
"person" means a person over the age of eighteen years, a corporation, partnership and unincorporated body, words importing the singular include the plural and vice versa, and words importing any gender include all other genders;
"this agreement" means the Terms and Conditions of Sale set out herein.

2. Payment

(a) The buyer shall pay for goods:
(i) within thirty (30) days from the date of invoice , or
(ii) as otherwise varied by agreement as evidenced in writing between RCS and the buyer ("varied payment terms");
("the credit facility")
(b) RCS may, from the date payment for goods is due pursuant to clause 2(a):
(i) permanently withdraw the credit facility and, as at the date of withdrawal of the credit facility, demand immediate payment of the total amount due and payable to RCS for goods ordered;or
(ii) temporarily withdraw the credit facility and, as at the date of temporary withdrawal of the credit facility, stop credit until such time as arrears are brought within the credit facility terms;
(c) Where varied payment terms apply pursuant to clause 2(a)(ii), varied payment terms only vary the terms for payment for goods and will not otherwise affect the terms and conditions of this agreement unless specifically provided for as part of the varied payment terms;
(d) Any payment towards satisfaction of the terms of clause 2(a) may be applied by RCS in any manner it sees fit and at its option RCS may apply a payment or payments first in satisfaction of those payments which have been payable for the greater length of time; and
(e) In the event that the buyer is in breach of the terms and conditions of this agreement, by failure to pay for goods pursuant to the terms of clause 2(a), or breach of any other term and condition, the buyer will pay RCS eight per cent (8%) per month interest on the outstanding amount calculated from the date payment is due to the date payment is made.

3. Retention of Title

(a) RCS retains the legal and equitable title to goods until full payment is received from the buyer for goods;
(b) Until RCS receives full payment for goods, the buyer shall:
(i) hold goods as bailee for RCS;
(ii) grant RCS the right to enter without notice the buyer's premises, or the premises at which goods are stored, without liability for the trespass or any resulting damage to retake possession of goods;
(iii) ensure that goods are stored so they are clearly identifiable as the property of RCS; and
(iv) not alter or change goods so as to change their quality or nature;

4. Quotes

(a) All Quotes raised and issued by RCS are valid for a period of 7 days from the date of issue (“the 7 day period”) unless otherwise stated;
(b) Where a quote expires, a further quote will need to be issued by RCS prior to a Purchase Order being accepted.

5. Warranties

(a) RCS gives no express warranty made by or on behalf of RCS in relation to goods or their supply. The Trade Practices Act 1974 and the Fair Trading Act 1987 may imply certain conditions and warranties into this agreement for the benefit of the buyer. To the extent that such conditions and warranties in respect of goods may, as between RCS and the buyer, lawfully be excluded, all such conditions and warranties are expressly excluded.
(b) Where products are covered by a standard manufacturer warranty the terms and extent of that warranty attach to the goods sold and that warranty extends to the buyer. Extended manufacturer and RCS warranty and support contracts or hourly rate options are available at additional costs

6. Waiver

If RCS fails or neglects to enforce at any time the provisions of this agreement this shall not:
(a) be construed, nor shall it be deemed to be, a waiver of any of RCS's rights;
(b) in any way affect the validity of the whole or any part of this agreement or prejudice RCS's right to take subsequent action.

7. Returns & Cancellations

(a) RCS may accept return of goods if notification is received from the buyer within 14 days from the date of invoice except in relation to licenses and warranties which require notification within 7 days from the date of invoice;
(b) Except where required by law RCS may also accept return of goods that have been incorrectly ordered provided that the goods have not been used and provided further that the buyer agrees to pay freight costs associated with the return and a minimum restocking fee of five per cent (5%) of the value of goods ordered or the amount charged to RCS by the supplier, whichever is the greater and provided the supplier agrees to provide RCS with a return authorisation;
(c) RCS will not accept the return of goods which are returned as dead on arrival and no fault is discovered and will not accept the return of goods which have been added to, used, modified, varied or changed by any person other than RCS. RCS will not, under any circumstances, accept the return of goods that are sold as ex-rental, ex-demo, clearance stock or goods notified to the buyer as non-returnable; and
(d) RCS shall have no liability for any damage or defects in the goods and/or packaging delivered to the buyer which arise as a consequence of improper storage, warehousing or transport, neglect, abuse or improper use, installation, maintenance or unauthorised repairs.
(e) RCS may agree to cancel the buyer's order on request from the buyer where :
(i) the buyer requests cancellation of the buyer's order prior to RCS placing its order with its supplier;
(ii) the buyer requests cancellation of the buyer's order placed by RCS with it's supplier and the supplier agrees to cancel RCS' order provided that, prior to RCS requesting its supplier cancel RCS' order, the buyer agrees in writing to pay any and all charges arising from the cancellation of the buyer's order.
(f) In the event that the supplier so agrees, RCS may agree to cancel the buyer's order where the goods the subject of the buyer's order have already been shipped by the supplier to RCS provided that :
(i) the supplier agrees to provide RCS with a return authorisation; and
(ii) prior to RCS requesting its supplier cancel RCS' order, the buyer agrees in writing to pay any and all charges arising from the cancellation of the buyer's order.
(g) In the event that the supplier does not agree, RCS will not cancel the buyer's order where the goods the subject of RCS' order have already been shipped by the supplier to RCS.
"Shipped" means where goods the subject of RCS' order have departed the supplier's store.

8. Severability

In the event that any part of the provisions of this agreement are deemed to be invalid, unlawful or unenforceable to any extent, such provision shall be severed from the remaining provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.

9. Law

RCS and the buyer agree that the provisions of this agreement shall, in the event of dispute, be construed in accordance with the law of the State of Western Australia and be resolved by a Western Australian court.

10. Copyright, trademarks, patents and intellectual property rights

(a) The buyer acknowledges any and all of the trademarks, trade names, patents, copyrights and other intellectual property rights embodied in or in connection with the products and information, documentation, parts or software relating to properties supplied by RCS;
(b) The buyer shall not, during or after the expiry or termination of this agreement, without the prior written consent of RCS, adopt any name, trade name, trade style or commercial designation or design used by RCS, reproduce any art appearing on the package of any goods or copy, sell or hire or offer for sale or hire a copy of goods;
(c) The buyer shall indemnify RCS against all liabilities, costs and expenses which RCS may incur, or become liable to incur, as a result of work done in accordance with the buyer's specifications or as a result of the combination or use of goods with other equipment parts or software not supplied by RCS involving infringement of any patent, copyright or other proprietary right.

11. Entire Agreement

This agreement forms the entire agreement between RCS and the buyer and the buyer acknowledges that no warranty, express or otherwise, except as specifically provided for herein forms part of this agreement save and except to the extent set out in the varied payment terms and which varied payment terms also form part of this agreement.

12. Costs, Expenses and Disbursements

All costs, expenses or disbursements incurred by RCS in the maintenance of the Purchasers account including debt collection agency fees and legal costs arising: As a consequence of the Purchaser's default in observing the terms and conditions of sale; As a result of any of the Purchaser's cheques being dishonoured; or by reason of RCS requiring any further security to be provided; shall be payable by the Purchaser upon demand.

13. Variation

RCS reserves the right to vary, or amend, these Terms & Conditions of Sale at any time, and from time to time, without notice