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Terms & Conditions

Interpretation

  • ‘Contract’ means any contract pursuant to which Products and/or Services are supplied or to be supplied by Nueva Group Pty Ltd (trading as Nueva Solutions) to the Customer and computer software incorporated therein is licensed or to be licensed by Nueva Solutions for use by the Customer.
  • ‘Customer’ means the person or company to whom Products and/or Services are supplied and includes that company’s successors and permitted assigns.
  • ‘Nueva Solutions’ means Nueva Group Pty Ltd, the supplier of Products and/or Services to the Customer, and includes Nueva Solutions’s successors or assigns.
  • ‘Products’ and/or ‘Services’ means the products and/or services supplied by Nueva Solutions to the Customer pursuant to a Contract and specified on the invoice dispatched by Nueva Solutions to the Customer.

 

Operation

  • ‘Any Contract between the Customer and Nueva Solutions shall be upon these terms and conditions and this Contract shall prevail over any prior arrangements or agreements, written or oral.
  • ‘The continued operation of these terms and conditions shall not be affected by any repudiation of any contract or transaction relating to the Products and/or Services between Nueva Solutions and the Customer.
  • The Customer acknowledges and agrees that some or all of the Services may be provided by Nueva Solutions’s related bodies corporate, being Nueva Group Pty Ltd and its group companies, which may include hosting or accessing of Customer data from locations outside of Australia.

 

Terms of payment

  • Unless the Customer is an approved account Customer, payment must be made prior to dispatch of Products and/or Services, either in cash or by bank cheque, or on approval, by company cheque, direct deposit, or accepted credit card. Subject to special arrangements, payment must be made by the approved account Customer within agreed terms.
  • Should the Customer elect to purchase the Products through lease, the Customer is required to notify Nueva Solutions in writing and a copy of the approved finance letter must be sent to Nueva Solutions prior to the dispatch of Products.
  • All payment shall be made on or before the due date as a condition precedent to future supplies under the contract pursuant to which the payments are due or under any other Contract.
  • Nueva Solutions reserves the right to charge interest calculated at 2% per annum above the rate at the time being charged by the bankers of Nueva Solutions on overdrafts exceeding $100,000 on the balance of the Price due by the Customer but unpaid from the due date until payment is received in full by Nueva Solutions.
  • Nueva Solutions may at any time and from time to time alter the terms of payment and such altered terms of payment shall apply in respect of all transactions taking place after notification of such alterations.

 

Goods and Services Tax (GST)

Nueva Solutions is registered for the GST system. All quoted prices show the Nueva Solutions sell price, a Goods and Services Tax of 10%, and/or a combined total which defines the invoice price payable. Nueva Solutions agrees to issue tax invoices in accordance with relevant legislation or regulations that apply to the GST from time to time.=

Delivery

  • In consideration of the payment by the Customer, in addition to the price, of Nueva Solutions’s freight, handling, and insurance charge calculated according to Nueva Solutions current prices, Nueva Solutions will arrange delivery of Products to the Customer’s nominated location within major metropolitan areas of Australian capital cities.
  • Delivery times quoted by Nueva Solutions are estimates only and Nueva Solutions may extend delivery times.
  • Nueva Solutions may make part delivery of any Products and/or Services ordered by the Customer and any Products and/or Services so delivered shall constitute a separate contract upon these terms and conditions. As such, an invoice on any Products and/or Services part delivered is due in accordance with the agreed terms of payment.
  • Delivery of Products is deemed to take place: at the time the Customer or a carrier, whether engaged by Nueva Solutions or the Customer, takes possession of the Products; or within 7 days of notification by Nueva Solutions to the Customer that the Products are available, whichever first occurs.
  • Delivery of Services is deemed to take place on completion of the provision of the Services to the Customer by Nueva Solutions.

 

Cancellation or variation

An order may be canceled or varied by the Customer only if such cancellation or variation is accepted by Nueva Solutions in writing and any such cancellation or variation shall only occur on terms which will provide for Nueva Solutions to be compensated by the Customer against any costs or loss (including but not limited to loss of profit) incurred.

 

Title and licence

  • Prior to full payment of the Price and all other sums owing by the Customer to Nueva Solutions in relation to any Products, the Customer shall have no right to sell or dispose of any or all of the Products.
  • Until payment for the Products has been made by the Customer the Products are only entrusted to the Customer as a fiduciary, and Nueva Solutions remains the legal and beneficial owner of the Products with full power to resell and regain possession in the event of the Customer’s default of payment.
  • The Customer acknowledges and agrees that all rights in all copyright, designs, patents, and trademarks existing in relation to the Products or Services are reserved to the owner of those rights.
  • The Customer licenses computer software incorporated within any Products or sold to the Customer for the customer’s use only.
  • The Customer shall ensure that each part and copy of the computer software licensed for the use of the Customer is kept under conditions of strict security and confidentiality.

 

Risk and insurance

The Customer assumes the risk of loss or damage upon delivery of the Products to the Customer or collection of the Products by the Customer or by any agent acting on their behalf.

 

Returns

  • Products may be returned provided the Customer obtains from Nueva Solutions a Return Authorisation (RA) Number in advance of returning the Products.
  • Freight is to be paid by the Customer and Nueva Solutions accepts no responsibility in respect of returned Products lost or damaged in transit.

 

Warranty

Products may be returned provided the Customer obtains from Nueva Solutions a Return Authorisation (RA) Number in advance of returning the Products. Freight is to be paid by the Customer and Nueva Solutions accepts no responsibility in respect of returned Products lost or damaged in transit.

 

Limitation of liability

  • Nueva Solutions shall not be responsible for any misinformation provided to it by the Customer or any third party.
  • Nueva Solutions limits its liability for any loss or damages attributable to the provision of its services (“Loss or Damage”), at its option, to the delivery of the relevant services again or payment for the relevant services to be provided again.
  • In particular, Nueva Solutions shall not be liable for any direct or consequential loss or damage including without limitation, direct or indirect damages for personal injury, loss of business profit, business interruption, loss of business information, or any other pecuniary loss arising out of the use of the recommendations and solutions provided under this agreement.
  • Further, the Customer agrees that it may only take action against Nueva Solutions for Loss or Damage, such that if any of Nueva Solutions’s employees, directors, sub-contractors and agents; its subcontractors and agents’ employees, directors, sub-contractors and agents; and so on down the line, would be liable as well as Nueva Solutions for any Loss or Damage, action will not be taken by the Customer against such person or entity.
  • The Customer shall indemnify Nueva Solutions and hold Nueva Solutions harmless from and against any and all third party claims which may be asserted against or suffered or incurred by Nueva Solutions that arise during the course of this contract unless such claims result from acts of Nueva Solutions which constitute serious and wilful misconduct by Nueva Solutions or are outside Nueva Solutions’s ordinary performance of this contract.
  • For the purpose of the indemnity above, Nueva Solutions includes: Nueva Group Pty Ltd; its employees, directors, sub-contractors, and agents; its subcontractors and agents’ employees, directors, sub-contractors and agents; and so on down the line.

 

Confidentiality

  • Nueva Solutions, its agents, or subcontractors shall not divulge confidential Customer information associated with any Services provided to any third party, without the Customer’s consent. However, Nueva Solutions shall bear no responsibility for disclosure where such information or data is publicly available, is already in the possession of Nueva Solutions, known to Nueva Solutions, or is obtained by Nueva Solutions from a third party.
  • This document should not be distributed to any organisation without the prior written consent of Nueva Solutions.

 

General provisions

  • The laws of the State of New South Wales shall govern this Contract.
  • This Contract is the entire agreement between the Customer and Nueva Solutions and no representation or statement not expressly contained in this contract or incorporated herein by reference, shall be binding on either party.
  • Nueva Solutions reserves the right to amend the pricing provided in this quote if there is a 2% or higher variation in the AUD/USD exchange rate.

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