Terms & Conditions
- Ownership. This website is owned and managed by Fuji Xerox Australia Pty Ltd ABN 63 000 341 819 of Level 1, 101 Waterloo Rd, North Ryde NSW 2113, Australia ("we", “us” or “our”).
- Structure. This document contains terms and conditions that apply as follows:
- (i) Part A - General Terms and Conditions of Use which apply to your access and use of our websites; and
- (ii) Part B - Terms and Conditions of Sale, Support and Service (which apply in addition to Part A) but only in respect of certain functionality contained in either our www.fujixerox.com.au or our www.fxs.com.au websites. Part B also contains terms and conditions that are applicable generally to your purchase of goods and services from our Supplies division, whether through one of our websites, by post, in person, by fax, by telephone or by email.
- Acceptance. By participating and continuing to use any of our websites you agree to these terms and conditions.
A. General Terms and Conditions of Use
2. Copyright and Trademarks
- Copyright. All material on our websites are subject to our copyright or that of our licensors. You must not reproduce, transfer or hyperlink any of the material contained on this web site without our prior written consent, except that you may:
- (i) download a copy of one of our websites to the local hard drive of the computer used to access the site;
- (ii) print extracts from our websites, but only for your personal or non-competing internal business use; and
- (iii) download and use the software made available for download on our websites provided that you agree that your rights are limited to those of a licensee, you comply with any license conditions contained therein, and subject to your rights at law, you do not reverse engineer, reproduce, adapt or transfer the software or cause or allow any third party to do the same. Subject to your rights at law, the only warranties granted in relation to this software are those expressly set out in the applicable licence agreement.
- Trademarks. Fuji Xerox, Xerox, and the sphere of connectivity design are trademarks or registered trademarks of Xerox Corporation in the US and/or other countries. Nothing contained in our websites shall be construed as granting or permitting any proprietary interest, license or right of use any trademarks contained in our websites which remain our exclusive property or the exclusive property of our related corporations and third party licensors.
3. Liability and Indemnity
- In these terms and conditions, ‘Claim’ means any and all claims arising from or in relation your use of our websites and our supply of goods and/or services to you howsoever caused (including without limitation any supply of Fuji Xerox Supplies in accordance with clause 11 below), whether wilfully or otherwise (including repudiation), and whether for fundamental or non-fundamental breach of contract, in tort (including negligence) or for breach of any statutory provision.
- Limitation of Liability. To the extent permitted by law (including the Australian Consumer Law), our total liability to you for any Claims is limited in the aggregate to:
- (i) in the case of services supplied or offered by us:
- A. the re-supply of those services; or
- B. the payment of the cost of having those services re-supplied; and
- (ii) in the case of goods (including software) supplied or offered by us:
- A. the replacement of the goods or the supply of equivalent goods; or
- B. the repair of the goods;
- C. the payment of the cost of having the goods replaced; or
- D. the payment of the cost of having the goods repaired.
- Subject to the Australian Consumer Law, we may make any election contemplated by clause 3(b).
- No Special Damages. You agree that, to the extent permitted by the Australian Consumer Law, in no circumstances will we be liable to you or others for any Claims for: any indirect, incidental, special and/or consequential losses, liability, costs or damages; any loss of business opportunity, loss of revenue, loss of profits or loss of savings; and any loss, corruption or delay of data.
- Indemnity. You indemnify us and hold us harmless from and against all losses, actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to your use of any of our websites.
- General Disclaimer. While we endeavour to ensure the accuracy and completeness of the information contained on our websites and to ensure constant uninterrupted access to it, subject to your rights under the Australian Consumer Law, we make no warranties and accept no responsibility for any loss or damage you may suffer as a result or your reliance on any part of it or for any delay or disruption however caused.
- Specific Disclaimers. In particular, we make no representations or warranties and subject to your rights under the Australian Consumer Law exclude all liability in relation to:
- (i) any of the material on our websites (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material);
- (ii) any material of any other website referred to or accessed by a hyperlink through our websites. We do not endorse or approve the material of any linked website, nor will we have any liability in connection with any linked third party website howsoever arising; or
- (iii) any which is downloadable from our websites. You must take your own precautions in respect of virus detection and the responsibility for any harmful code that may be introduced into your system by using our websites.
- Compliance with the Law. You must comply with all applicable laws when using our websites.
- Force Majeure. Neither party shall be liable for any delay in performing its obligations if and to the extent that such delay is caused by circumstances beyond its reasonable control.
- Variations. These Terms may be varied from time to time. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use our websites after it has been amended.
- Termination. We can terminate your right to access our websites or any part thereof at any time for any reason without notice.
- Applicable law. These Terms will be governed by and construed in accordance with the laws of the state of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
- Survival. Terms and conditions that are intended by their nature to survive will survive: (i) when you cease using our websites; and (ii) when any transaction entered into with us is completed.
B. Terms And Condition Of Sale, Support And Service
7. Australian Consumer Law
- Australian Consumer Law. The Australian Consumer Law protects consumers by giving them certain automatic guarantees which provide consumers with a comprehensive set of rights for goods and services they acquire. For example, when buying goods a supplier guarantees to the consumer that the goods have clear title (unless otherwise stated), do not have undisclosed securities, are fit for any disclosed purpose, come with a right to undisturbed possession and match any sample or demonstration model provided by the supplier. When buying services, a supplier guarantees to the consumer that services are performed with due care and skill, are fit for any specified purpose and are performed within a reasonable time (when no time is set). These rights are called ‘Consumer Guarantees’.
- Consumer Guarantees not affected. Notwithstanding any other provision contained herein nothing in these terms and conditions shall be construed as removing, restricting or modifying the Consumer Guarantees.
- General. In order to access and use certain sections and functions of our websites you must provide us with certain information and/or register. Become a registered user at email@example.com
- User Information. You warrant that all information provided by you is accurate and you know of no reason which would prevent you from providing this information and registering. You must keep your registered information current (including your e-mail address) and notify us of any subsequent changes.
- Authority. If you register on behalf of another person/entity, you must not access or use the account or the account information in any other capacity.
- User-Id and Passwords. You must keep your User- id and passwords secure and confidential, and not disclosure the same to any unauthorised person/entity. Registered Users must frequently change their passwords and refrain from using passwords which are obvious or easily determined.
- Confidentiality. Any information which is protected by User-Id and password is confidential information which must not be disclosed to any third party unless and only to the extent required by law or approved in writing by us.
9. My Account
- Eligibility. To use the My ACCOUNT area of our websites you must have a current Fuji Xerox Support Services Agreement (SSA).
- Functionality. My ACCOUNT allows for the input of meter readings and access to and updating of contact information regarding the administration of the SSA.
- Processing Time. While we endeavour to process data provided to us within two business days of receipt, we do not warrant that information will be updated within this time and will not be liable for any cost, liability or expense accrued as a result of delay.
- SSA not affected. The SSA is not varied by this document.
- Support Services. Access to our Support Services including On-Line Support Assistant, e-Logging are made available to practically all our customers. Information provided by our database is a recommendation for similar types of incidents based upon the general information obtained from similar customer situations collected worldwide. We make no guarantee or warranty that such recommendations will resolve or be appropriate for the particular problem.
11. Sale of Fuji Xerox Supplies
- Interpretation. In this clause 11: ‘Contract’ means the sale by us of our goods to the Customer upon these terms and conditions; and ‘Customer’ means the person or entity that purchases goods from our Supplies division.
- Applicability. This clause 11 only applies in relation to goods purchased by a Customer from our Supplies division whether through one of our websites, by post, in person, by fax, by telephone or by email. This clause 11 applies in addition to the terms and conditions set out above under Part A, including for the avoidance of doubt, clauses 2 and 3 above. These terms do not apply where a Customer and us have specifically agreed to vary these terms in writing or have agreed in writing that other terms shall govern the supply of the goods. Any Customer terms and conditions (including any variations proposed by the customer) are ineffective and excluded from the Contract.
- Eligibility. Orders can only be accepted for delivery to locations within the major capital cities and their metropolitan areas in Australia excluding Tasmania and NT. For information on how to order for other locations please contact us at firstname.lastname@example.org
- Formation of Contract. Nothing in our websites or in any of our catalogues or in any of our other publications shall be construed as an offer by us. No Contract is created until the Customer’s order is accepted by us and this acceptance is emailed to the Customer.
- Credit Approval. All orders are subject to satisfactory credit approval. The Customer agrees that on placing an order with us: (i) we may obtain a report about the Customer's consumer and/or commercial credit worthiness from a credit reporting agency or a commercial credit reporting business, for the purpose of assessing the Customer's credit worthiness or collecting any overdue payments; (ii) the Customer agrees that information from this application or concerning our credit provider history or status may be disclosed; and (iii) we may give to a credit provider or credit reporting agency a report about the Customer’s consumer and/or commercial credit history or status for the purpose of prospective credit providers assessing any application made by the Customer to a credit provider or collecting any overdue payment (either directly or through a credit reporting agency).
- Price. Prices shall be the price current on the day of placing the order. Displayed prices are inclusive of GST (unless otherwise indicated) but an order may be subject to a delivery charge.
- Payments. To pay on account terms, the Customer must be registered with a valid Fuji Xerox Australia account number. Interest of 15% per annum is payable on the daily balance of all overdue monies. If an account number does not exist, the Customer may apply to open an account, or pay by credit card. We will not keep customers' credit card details on our websites.
- Delivery Times. We endeavour to deliver all orders within the major capital cities and their metropolitan areas to the delivery schedules as set out in our website or as otherwise indicated by us, however we do not represent or warrant that this will occur and we will not be liable for any cost, expense or liability incurred as a result of delay of the goods.
- Risk and Title. Risk in the goods passes to the Customer upon delivery. Notwithstanding the transfer of risk, legal and beneficial title to the goods will remain with us until payment of the purchase price of the goods and all other amounts owing to us by the Customer has been received by us as cleared funds. Until legal and beneficial title passes to the Customer, the Customer will hold the goods as fiduciary bailee for us and must store the goods separately and in a manner to enable them to be identified and cross-referenced to our invoices. Notwithstanding the above, a certificate purporting to be signed by our authorised representative identifying the goods as unpaid shall be conclusive evidence that the goods have not been paid for by the Customer and of our title to the goods. The Customer agrees that, if the Customer fails to pay the amounts owed to us within 14 days of the due date, we or our nominee may enter without notice the Customer’s premises at which the goods were last known to be located and repossess the goods and the Customer indemnifies us or our nominee for any claims, costs, losses, damages, liabilities and expenses suffered or incurred.
- Customer Satisfaction Guarantee. For goods purchased from our Supplies division, if the Customer notifies us that it is not satisfied that the goods meet their expectations as to quality or performance, we will promptly replace the goods with comparable goods without further charge.
- Mandatory disclosure. The Australian Consumer Law requires that whenever we provide a document evidencing a warranty against defects that we disclose the following : “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure”. These Consumer Guarantees apply in addition to the Customer Satisfaction Guarantee stated above.
- Personal Property Securities Act. (i) The Customer acknowledges that subject to clause 11(l)(ii), until title in the goods has passed to the Customer in accordance with clause 11(i), the supply of the goods under a Contract gives rise to a Security Interest in the goods in our favour being a Purchase Money Security Interest and our rights and interest in Proceeds derived from such goods constitute a Security Interest. (ii) We may register any Security Interest granted under a Contract on the PPS Register in any manner we chooses. The Customer must provide us with any information we requires for the purposes of effecting such registration. For the purposes of section 157(3) of the PPSA, the Customer irrevocably and unconditionally waives its right to receive any notice from us in connection with the registration of a Security Interest arising under a Contract. (iii) The Customer agrees to take such steps as we reasonably requires to perfect and otherwise ensure the enforceability and first ranking priority of any Security Interest granted to it under a Contract. (iv) The Customer agrees to ensure that unless otherwise agreed by us in writing and only until title in the goods have passed to the Customer in accordance with clause 11(i), the goods do not become a fixture to any land, the goods do not become an Accession to other goods and it takes such steps as we reasonably require to prevent or remedy the affixation of the goods to any land or goods. (v) To the extent that a Contract gives rise to a Security Interest which secures payment or performance of an obligation, the Customer agrees that for the purposes of section 115 of the PPSA, the following sections of the PPSA will not apply to any Relevant Collateral: section 95; section 121(4); section 125; section 130, to the extent that it requires us to give the Customer any notice; section 132(3)(d); section 132(4); and section 135. (vi) Without limitation to any other provision of a Contract, the Customer is in default under a Contract for the purposes of section 123(1) of the PPSA if any person with a Security Interest in Relevant Collateral seizes or becomes entitled to seize that Relevant Collateral without our consent. (vii) The Customer and we agree not to disclose: (1) information about the Contract terms; (2) information about the obligations secured by any Security Interest under a Contract or the terms of payment or performance in respect of any obligation under a Contract at any particular time; and (3) without limitation to the above, any information of the kind described in section 275(1) of the PPSA, except; to its officers, employees, legal and other advisers and auditors, and in our case, our related companies, authorised dealers and agents; with the consent of the other party; or if the disclosure is necessary to comply with an order of a court. (viii) Defined terms used in this clause 11(l) which are not defined elsewhere in this clause 11 have the meaning given to them in the Personal property Securities Act 2009 (Cth) (PPSA).
- Any clause or part of any clause of this Contract that is illegal or unenforceable shall be read down to the extent necessary to give legal effect, or shall be severed from this Contract if it cannot be read down, and the remaining clauses of this Contract remain in full force and effect.