WORLDWIDE DISTRIBUTOR OF OFFICE PRODUCTS

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Terms & conditions of sale

Issue Date: January 2010

  1. Conditions Applicable
  2. Orders, Specifications and Returns
  3. Price and Payment
  4. Risk and Property
  5. Warranties and Liability
  6. General
1. Conditions Applicable
1.1 The Company reserves the right to add to, alter, amend or withdraw at any time
without notice any of these Terms and Conditions (“Conditions”).

1.2 All orders for goods until accepted or rejected at its discretion by the Company
shall be deemed to be an offer by the Buyer to purchase goods pursuant to these
Conditions and all goods are offered subject to availability.

1.3 Whilst the Company has attempted to ensure that the information within its
catalogues, web site and other publications is correct at the time of publication
they do not form part of any contract for the sale of goods. For technical reasons
colour illustrations should be viewed as a guide only.

1.4 Any typographical, clerical or other error or omission in any sales literature,
quotation, price list, acceptance of offer, invoice or other document or information
issued by the Company shall be subject to correction without any liability on the
part of the Company.

1.5 In these Terms and Conditions ‘Business Day’ means Monday to Friday in each week
except any Public Holiday in the Company’s place of business or such other days
when the Company’s sales office is closed.

2. Orders, Specifications and Returns
2.1 The Company reserves the right to make any changes in the specification of
the goods which are required to conform with any applicable safety or other
statutory requirements, or where the goods are to be supplied to the Company’s
specification which do not materially affect their quality or performance. Whilst the
Company will endeavour to supply the product ordered, the Company reserves the
right to supply stationery products of a comparable specification without notice
and to vary to a reasonable extent the quantities delivered from those ordered to
conform with the Company’s or its ‘suppliers’ standard packaging.

2.2 The goods sold by the Company are at its discretion categorised as:-
(i) Catalogue stationery products being stationery products ordinarily held in stock
by the Company for direct delivery.
(ii) Catalogue furniture products being furniture products ordinarily held in stock by
the Company for direct delivery.
(iii) Non Catalogue stationery products (or Specials and/or Specifics) – being
stationery products not ordinarily held in stock by the Company.
(iv) Non Catalogue furniture products – being furniture products not ordinarily held in
stock by the Company.

2.3 Any non-returnable goods sold by the Company and indicated by appropriate text
will only be accepted as a return where the goods are found to be defective at the
date of delivery.

2.4 Orders for Catalogue stationery products may be cancelled at any time prior to
the dispatch of the goods. Orders for other stationery/furniture products may only
be cancelled with the written agreement of the Company.

2.5 The Company shall credit the Buyer for Catalogue stationery products which are
returned within 30 days of delivery provided always that the goods remain unopened
and are returned in their original packaging and in the condition in which they were
originally delivered otherwise the Company shall have the sole discretion not to
accept the return of goods. Non Catalogue stationery products (or Specials and/or
Specifics) cannot be returned for credit. For Health & Safety reasons, no consumable
food products may be accepted for return. All furniture items are non-returnable.

3. Price and Payment
3.1 The Company’s policy is to offer competitive prices. The price of the goods shall
be the price stipulated in the Company’s price list current at the date of dispatch
of the goods. The Company will, wherever it is practical to do so, notify price
changes prior to their implementation.

3.2 Prices quoted are exclusive of GST.

3.3 The Buyer shall pay the price of the goods within 30 days of the date of the
Company’s invoice.

3.4 The Company reserves the right to refuse or cancel orders for goods if the terms
of payment are not adhered to by the Buyer.

3.5 If the Buyer fails to pay a Company’s invoice on the due date for payment then,
without prejudice to any other right or remedy available to the Company, the
Company shall be entitled to charge the Buyer:-
(i) Interest on the amount unpaid at the 90 Day Bank Bill rate plus 2% per annum
until payment in full of the outstanding amount is made.
(ii) All expenses incurred by the company in recovering any outstanding monies
including debt collection commission, charges and legal fees.

4. Risk and Property
4.1 Risk of damage to or loss of the goods shall pass to the Buyer at the time of delivery.

4.2 Notwithstanding delivery and the passing of risk in the goods or any other
provision of these Conditions, legal ownership to the goods or any part thereof
shall not pass to the Buyer until:-
(i) The Company has received payment of all invoiced amounts that are owed due
and payable by the Buyer to the Company for goods supplied. or
(ii) The Company serves notice in writing on the Buyer specifying that legal
ownership of the goods or any specified part thereof has passed to the Buyer.
Until legal ownership to the goods has passed, the Buyer shall possess the goods
or any part thereof as a bailee of the Company and shall store the goods or any
part thereof in the same state and condition in which they have been delivered separately
from other goods so as to ensure that they are clearly identifiable as the property of the Company.

4.3 The Company shall be entitled to recover the goods in respect of which legal
ownership has not passed to the Buyer at any time and the Buyer hereby licenses
the Company, its officers, employees and agents to enter upon any premises of
the Buyer for the purpose either of satisfying itself that clause 4.2 hereof is being
complied with by the Buyer or recovering any goods in respect of which legal
ownership has not passed to the Buyer.

4.4 Until such time as the legal ownership to the goods passes to the Buyer, the
Buyer shall be entitled to use the goods.

5. Warranties and Liability
5.1 Subject to clause 5.3, where goods sold by the Company are found to be defective:
(i) All goods identified in the catalogue with a warranty symbol may be returned
within the warranty period indicated by the symbol, following the instructions on
pages 358 & 359;
(ii) All other goods found to be defective within 1 year of delivery will be replaced by
the Company without charge.

5.2 Subject to clause 5.4 and except as expressly provided in these Conditions, all
warranties, conditions or other terms implied by statute or common law are
excluded to the fullest extent permitted by law. The Buyer, when ordering via the
Company’s web site, must ensure it has in place virus protection as the Company
does not accept any liability for viruses transmitted or passed to the Buyer
through use of the Company’s web site.

5.3 Where any valid claim in respect of any goods which is based on any defect
in the quality or condition of the goods or their failure to meet specification is
notified to the Company in accordance with these Conditions, the Company shall
be entitled to repair or replace the goods (or the part in question) free of charge
or, at the Company’s sole discretion, refund to the Buyer the price of the goods
(or proportionate part of the price), but the Company shall have no further liability
to the Buyer.

5.4 The Company shall not be liable to the Buyer by reason of any representation,
or any implied warranty, condition or other term, or any duty at common law, or
under the express terms of the contract for any consequential loss or damage
(whether for loss of profit or otherwise), costs, expenses or other claims for
consequential compensation whatsoever which arise out of or in connection with
the supply of the goods or services or their use or resale by the Buyer.

6. General
6.1 These Conditions shall be governed by the laws of Australia and the parties
submit to the exclusive jurisdiction for the Australian courts in relation to any
dispute hereunder.

Lyreco Toner Consequential Loss Warranty


1. Consequential Loss Warranty – Limitation of Liability

2. The Company warrants that it will meet the reasonable repair or
replacement costs (“the Costs”) to repair or replace printing equipment
damaged as a direct and immediate result of defective labour materials
or techniques used in the process of remanufacturing “LYRECO” toner
cartridge units in accordance with the following terms and conditions.

(a) The costs will be limited to those necessary to reinstate the printing
equipment to its condition immediately prior to the installation of the
“LYRECO” cartridge unit.

(b) The costs will be limited to those necessary to repair damage to the
printing equipment directly and immediately caused by the “LYRECO” toner
cartridge unit. This warranty does not extend to the damage caused by the
cartridge itself where such damage would have occurred notwithstanding
the remanufactured process.

(c) Any claim under this warranty for the costs can only be made after the
manufacturer of the printing equipment has denied liability for any damage
to the printing equipment, giving written reasons for its denial indicating the
nature of the damage and that its cause was the “LYRECO” cartridge unit.

(d) The Company will reimburse the costs within seven business days of the
receipt of the manufacturer’s written denial of liability, together with the
original invoices for the costs.

(e) The Company and the Customer agree that any right or claim (including
all costs losses damages or legal liability) of the Customer against the
Company arising out of the Supply Agreement whether actual or potential,
direct or consequential and howsoever arising is limited to the costs to
repair or replace printing equipment damaged as a direct and immediate
result of defective labour materials or techniques used in the process of
remanufacturing the “LYRECO” toner cartridge unit.