BARCODER'S PRINCIPAL
PHONE NUMBERS

Head Office: 02 8207 3167
Facsimile: 1300 855 827
ACT: 02 6223 2525
NSW: 02 8213 8968
NT: 07 4015 2705
QLD: 07 3139 0155
SA: 08 7221 2109
TAS: 03 6237 0748
VIC: 03 8804 1716
WA: 08 6364 0456

Regional Numbers
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Barcoder's Terms and Conditions of Trade

IMPORTANT - PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF TRADE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


1. Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Australian and other copyright laws, and is the property of www.barcoder.net.au. The collective work includes works that are licensed to www.barcoder.net.au. Copyright 2008, www.barcoder.net.au ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.barcoder.net.au or purchasing www.barcoder.net.au products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.barcoder.net.au or to purchase www.barcoder.net.au products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorised by www.barcoder.net.au. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

In relation to licenses for custom software applications written by www.barcoder.net.au you shall not: (1) permit any third party to use the application; (2) allow access to the licensed software by timesharing; (3) modify the software; or (4) transfer or resell the software, software license, or product key code to another entity without the written permission of www.barcoder.net.au. One license is issued per scanner purchased within a kit. Title to and all rights and interests in the custom applications written by www.barcoder.net.au wherever resident and on whatever media, are and shall remain the property of www.barcoder.net.au. You expressly acknowledge and agree that the application written by www.barcoder.net.au constitutes a valuable proprietary product and trade secret of www.barcoder.net.au, embodying substantial creative efforts, which requires protection against unauthorised use and disclosure. You expressly agree to protect the valuable proprietary www.barcoder.net.au applications against unauthorised use and disclosure by taking all reasonable steps necessary to do so. www.barcoder.net.au custom applications will only be installed on devices sourced through www.barcoder.net.au.

2. Trademarks
All trademarks, service marks and trade names used in the site are trademarks or registered trademarks of their registered owners.


3. Warranty Notice
This site is provided "as is" and without any express warranties. Australian Consumers have implied warranties under the Trade Practices Act 1974 (Cwlth) including warranties of merchantability and fitness for a particular purpose with regards to any products purchased via this site. www.barcoder.net.au does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.barcoder.net.au does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.


4. Limitation of Liability
www.barcoder.net.au shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site even if www.barcoder.net.au has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


5. Typographical Errors
In the event that a www.barcoder.net.au product is mistakenly listed at an incorrect price, www.barcoder.net.au reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.barcoder.net.au reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.barcoder.net.au shall issue a credit to your credit card account in the amount of the incorrect price.


6. Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.barcoder.net.au without notice at any time, for any reason. All provisions shall survive any termination.


7. Notice
www.barcoder.net.au may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.barcoder.net.au.


8. Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of New South Wales, Australia, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.barcoder.net.au products) shall be in the state or federal courts located in Sydney, New South Wales. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.barcoder.net.au products) must be commenced within one (1) month after the claim or cause of action arises. www.barcoder.net.au's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.barcoder.net.au may assign its rights and duties under this Agreement to any party at any time without notice to you.


9. Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.barcoder.net.au or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organisation.


10. Participation Disclaimer
www.barcoder.net.au does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.barcoder.net.au is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.barcoder.net.au reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.barcoder.net.au in its sole discretion.


11. Indemnification
You agree to indemnify, defend, and hold harmless www.barcoder.net.au, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


12. Third-Party Links
In an attempt to provide increased value to our visitors, www.barcoder.net.au may link to sites operated by third parties. However, even if the third party is affiliated with www.barcoder.net.au, www.barcoder.net.au has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.barcoder.net.au. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.barcoder.net.au seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


13. Orders
All orders must be placed online via this website at which time the precise date and time the order is placed will be recorded together with the IP address from which the order was placed. Orders placed with and accepted by Barcoder will be accepted strictly subject to these Terms and Conditions and the placing of such orders by the Purchaser shall be conclusive proof of the fact that the Purchaser has read, understands and agrees to these Terms and Conditions.

Whilst Barcoder may guide the Purchaser to make an appropriate purchasing decision based on the requirement communicated to Barcoder by the Purchaser, Barcoder can not guarantee that any item supplied will meet the Purchaser's specific requirement or environment or that the Purchaser will have the necessary expertise to use or operate any item supplied to the Purchaser. Therefore, any decision to purchase, and what item to purchase is at the Purchaser's sole discretion and risk and products purchased in error, or for which the Purchaser subsequently changes their mind, can not be returned. This clause does not extinguish in any way the Purchaser's rights under the implied warranties provisions of the Trade Practices Act 1974 (Cwlth).

Unless installation, programming or training are specifically included on Barcoder's invoice, the Purchaser agrees that items supplied by Barcoder are supplied on a supply only basis and do not include installation, programming or training. Where installation, programming or training is required by the Purchaser, these services may be supplied by Barcoder, or arranged with third party suppliers, at additional cost to the Purchaser.

Barcoder requests that all Official Purchase Orders, for orders that have been placed online, be emailed or faxed to our Order Processing Department (orders @ barcoder.net.au (remove the space before and after the "@" which is there to thwart SPAM email harvesters)).

In exceptional circumstances, Barcoder will accept an order by telephone and place the order on-line on behalf of the Purchaser, however no responsibility is taken for any errors with any orders placed by telephone. A re-stocking fee or refusal of claim will apply to any errors from telephone orders.


14. Order Cancellation
Should Purchaser wish to cancel any order that has not yet shipped, Purchaser must communicate that request in writing (email is acceptable). Barcoder will then request cancellation of the order with the Supplier. Purchaser agrees that the Supplier will have sole discretion to accept or reject the cancellation request. Should the order be allowed to be cancelled the Purchaser agrees to reimburse Barcoder for any cancellation fee it is charged by the Supplier.

15. Agreed Price
Barcoder's web site shows the Standard Price of each item, our Discounted Price, and, for some items, a SUPER SPECIAL or LIMITED TIME SPECIAL or TODAY ONLY SPECIAL Price. Also, Quantity Break Discounts may be given when multiple of the same item is purchased on the same order. The lower of these prices is what will be charged at the time of order, however, any discount that is given on the Standard Price, is given only on the condition that the order is paid for at the time of order by Credit Card, or is paid for within Barcoder's Payment Terms (which are normally within 7 days of invoice date, but may be extended to 30 days following approval of extended Credit Terms). Any discount on the Standard Price will be revoked if an invoice is not paid prior to shipment or within the time specified by any Credit Term given to the Purchaser, and the full Standard Price will then become due and payable and Barcoder will issue an invoice reversing the price that was charged and all discounts that were given and the Standard Price will be charged and the Purchaser agrees to pay such adjustment invoice immediately upon receipt of that adjustment invoice. The Standard Price shown on Barcoder's website at the time the adjustment invoice is prepared will be the price that is charged on the adjustment invoice.

Wholesale prices for items sold by Barcoder are subject to change without prior notice from our suppliers especially if foreign currency exchange rates fluctuate. Since many items on our website are only ordered from our suppliers once Purchaser places their order with Barcoder, the price to the Purchaser may also need to be changed. If the price should go down, a credit will be given to the Purchaser. If the price should go up, the Purchaser will be offered the item at the increased price, or offered an alternate item and the Purchaser may cancel their order and be credited in full if they wish to.

Where Handling and Delivery Charges are charged on Barcoder's Tax Invoice, the Purchaser acknowledges that the amount charged may not reflect the actual cost incurred by Barcoder with the organisation effecting delivery and will include an allowance for packaging and handling and transportation and ancillary costs which may be averaged to enable a standard charge to be invoiced for what may be a large variety of actual delivery costs based on the vast distribution of destinations that Barcoder delivers to.


16. Credit Payment Terms
The normal Credit Terms of Barcoder are payment within 7 days of the date printed on Barcoder's invoice provided the Purchaser quotes a valid ABN at the time of order, otherwise payment will be required prior to shipment by Credit Card (Visa or MasterCard only) or by Direct Deposit by Electronic Funds Transfer (EFT) to Barcoder's Bank Account, such Bank Account details to be provided to the Purchaser on the Tax Invoice that Barcoder will email to the Purchaser at the time of purchase and prior to delivery of the goods or services ordered.

Extended Credit facilities (30-day Credit Terms, and in limited cases, 60-day Credit Terms) may be provided to approved Applicants only. Sufficient Credit References must be provided. It is understood that any credit facility which may be granted to the Purchaser is granted only at their request and in consideration that they guarantee payment of all sums payable by the Purchaser to Barcoder.

Whilst Purchaser may apply to pay for Purchaser's Order within 7 days of Invoice by EFT or Cheque at the time of placing their order, Barcoder reserves the right to not ship the items that are ordered until payment has been received and cleared by our bank.

In consideration of the provision of credit and the sale of goods and services to the Purchaser, the Purchaser's Partners, Director/s or other authorised officer/s of the Purchaser agree/s to guarantee to Barcoder the due and punctual payment and performance by the Purchaser of all moneys to be paid and to the terms and conditions contained in Barcoder's Terms and Conditions and the Purchaser acknowledges that the Purchaser shall not be released from liability under this guarantee otherwise than by the payment in full of the moneys payable by and the performance and observance of all of the obligations of the Purchaser under Barcoder's Terms and Conditions. This guarantee shall be continuing and shall not be discharged by the winding up of the Purchaser and shall bind the successors and legal personal representatives of the Guarantor. the Purchaser charges (and where this guarantee is given by more than one person, jointly and severally charge) as beneficial owner all freehold and Leasehold in Land which the Purchaser may now have or may acquire.

Any signatory or individual placing an on-line order for a proprietary Company Purchaser shall be personally liable for the due performance of the Purchaser's obligations as if that person were the Purchaser.

Barcoder reserves the absolute right to refuse or withdraw the Purchaser's credit facilities at any time at Barcoder's sole discretion.


17. Debt Recovery
Where items are supplied other than by payment in full prior to shipment, the Purchaser acknowledges and agrees that, in the event an amount becomes overdue, Barcoder reserves the right to re-invoice the items supplied at the Standard Price for the items purchased (see Section 14. Agreed Price), plus interest in accordance with Section 2(1) of the Penalty Interest Rates Act 1983 (Victoria) - see http://supremecourt.vic.gov.au/CA256902000FE154/Lookup/CourtFees/$file/Penalty%20Interest%20Rates.pdf, plus all fees incurred by Barcoder in acquiring information to commence legal action for the recovery of the debt and in executing such legal action. A formal Letter of Demand will be issued to the Purchaser once the agreed Credit Terms are exceeded by more than 30 days and the Purchaser may be listed with a credit reporting agency as being in default, without any further notice to the Purchaser.

Barcoder, at its sole discretion, reserves the right to refer an overdue account to a mercantile agency or a solicitor for collection and recovery action and the Purchaser agrees to be responsible to meet all reasonable costs and commissions incurred in employing a mercantile agent or solicitor to collect the overdue amount.

The Purchaser agrees that Barcoder may seek consumer credit information under Section 18K(1)(b) of the Privacy Act 1988. If Barcoder considers it relevant to assessing an application for commercial credit, the Purchaser agrees to Barcoder obtaining from a credit reporting agency a credit report containing personal credit information about the Purchaser in relation to commercial credit provided by Barcoder, and, if asked to do so, to reimburse Barcoder's expenses in obtaining such credit report.

The Purchaser agrees that Barcoder may exchange information with other credit providers under Section 18N(1)(b) of the Privacy Act 1988). The Purchaser agrees to Barcoder obtaining personal information about the Purchaser from other credit providers, whose names the Purchaser may have provided to Barcoder or that may be named in a credit report, for the purpose of assessing the Purchaser's request for commercial credit made to Barcoder.

The Purchaser agrees that Barcoder may obtain a consumer credit report about the Purchaser from a credit reporting agency for the purpose of collecting overdue payments relating to commercial credit owed by the Purchaser under Section 18K 1(h) of the Privacy Act 1988 and to reimburse Barcoder's expenses in obtaining such report.

The Purchaser must inform Barcoder in writing within seven (7) days of any change of the Purchaser's business or corporate structure.


18. Reserved Rights
Barcoder reserves the following rights in relation to any goods provided to the Purchaser by Barcoder, until all accounts owed by the Purchaser to Barcoder are fully paid:

(1) legal ownership of the goods;

(2) to enter the Purchaser's premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the goods; and

(3) to keep or resell any goods repossessed pursuant to (2) above;

If the goods are resold, or products manufactured using the goods are sold, by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of Barcoder and shall pay such amount to Barcoder upon request. Notwithstanding the provisions above Barcoder shall be entitled to maintain an action against the Purchaser for the purchase price and the risk of the goods shall pass to the Purchaser upon delivery

(4) Delivery is considered complete as soon as Barcoder, or any of its third party logistics suppliers, gives possession of the goods to a courier company or deposits goods with Australia Post for transportation to the Purchaser and Barcoder, nor any of its third party logistics suppliers, shall not be liable for any delivery failure that is beyond its control.

(5) Goods are shipped at the Purchaser's risk and will only be insured if requested by the Purchaser at the time of ordering and the Purchaser will pre-pay said insurance prior to despatch - thus, if goods are lost in transit and are not insured, Purchaser agrees that Barcoder will have absolutely no responsibility to replace the lost goods or to refund any moneys paid by the Purchaser and Purchaser's debt to Barcoder will remain as if the goods were delivered to the Purchaser.


19. Order Fulfilment
Barcoder will endeavour to fill all orders promptly but will not be liable in respect of any delay occurring in the supply of the goods and/or services or any loss or costs the Purchaser may suffer as a result. Barcoder shall not be liable for indirect or consequential loss or any loss to the Purchaser due to the delay.


20. Delivery
Delivery will be made to the location specified as the Shipping Address by the Purchaser when the Purchaser places their on-line order and the Purchaser shall be liable for all freight and handling charges and re-delivery charges should the Purchaser not be able to accept delivery when delivery is attempted.


21. Delivery Claims
Claims for short delivery or goods damaged in transit or goods that are faulty when first installed must be made in writing (email is acceptable) to Barcoder within twenty-four (24) hours from the date and time of delivery. Claims after this period may be rejected by Barcoder.

Damaged or defective goods "out of the box" will be collected and replaced at no charge to the Purchaser, provided the claim is made within twenty-four (24) hours from the date and time of delivery. Claims after this period may be rejected by Barcoder.

Barcoder shall not be liable for indirect or consequential loss or damage suffered by the Purchaser as a consequence of any action or in-action on the part of Barcoder. Unless specifically requested to do so by Purchaser, items are not insured for loss or damage during delivery. Consequently, Barcoder's liability for the item ends once it is handed to a courier or deposited with Australia Post. Any claim for a lost item must be made with the relevant courier or Australia Post by Purchaser.


22. Warranty Returns and Product Support
Consumers are entitled to all statutory warranties and conditions implied by The Trade Practices Act 1974 (Cwlth). Barcoder also passes on to the Purchaser all Manufacturer's Warranty on all new hardware supplied, for use in Australia only. This express warranty does not extend to accessories or defects or injuries caused by or resulting from causes not attributable to faulty parts or the manufacture of the product, including but not limited to, defect or injury caused by or resulting from misuse, abuse, neglect, accidental damage, improper voltage, liquid spillage, pest infestation, software or any alterations which are not authorised by Barcoder. Warranty repairs are to be returned to Barcoder's nominated Warranty Repair Centre for repair, insurance and freight prepaid by the Purchaser, with appropriate paperwork including a copy of Barcoder's original invoice and a completed Return Authorisation form. Barcoder will reimburse Purchaser for its reasonable expenses in returning an item for warranty repair. Please contact our Service Department (service @ barcoder.net.au (remove the space before and after the "@" which is there to thwart SPAM email harvesters)) to confirm warranty period on particular products. The Purchaser acknowledges that Barcoder is a re-seller, not a distributor nor a manufacturer and the express warranty offered by Barcoder is the warranty offered by the distributor or manufacturer. Goods returned to Barcoder's nominated Warranty Repair Centre as part of a warranty claim may be on forwarded to the manufacturer or other third parties for assessment and either rejection of the warranty claim or repair or replacement in accordance with the applicable manufacturer's warranty. An Inspection Fee of $110 including GST will be charged if an item returned for a Warranty repair is found not to be faulty.

Barcoder provides phone and e-mail support for every product we sell unless specified. This support is not guaranteed to solve the issues you may be having and we may require that the product be sent to us, or the vendor for further inspection. Barcoder does not provide on-site support for any product. If the vendor provides on-site support this will be specified. If the issue is not attributable to faulty parts or the manufacture of the product, shipping to and from Barcoder, and inspection will be a chargeable service. Please remember that Barcoder is an on-line shop. If you require the ability to take the product back to a local shop for instant service or inspection we recommend that you purchase from a bricks-and-mortar reseller. If you require a faster turnaround than the standard back to base warranty please select a service contract if available. Service contracts will specify the inclusions.

23. Other Returns
A Returns Authorisation (RA) number must be issued BEFORE returning goods. Goods are usually returned by the Purchaser direct to the Distributor from whom Barcoder had the goods delivered. Faulty, damaged during delivery, or incorrectly supplied goods can be returned without freight expense to the Customer and will be replaced at no charge to the Customer. A restocking fee may be determined by the Distributor and will be deducted from whatever credit is given to the Purchaser by Barcoder if an item is returned because the Customer has ordered it in error or has changed their mind - this is to cover the Distributor's costs in assessing the returned item as being suitable to be sold to another customer as new stock. Barcoder has no control over the restocking fee that the Distributor may determine, but Barcoder will use its best endeavour to have that fee set as low as possible, but the Purchaser acknowledges that the fee is finally determined by the Distributor and Purchaser agrees to pay the determined re-stocking fee. Original shipping fees will not be credited. Claims for credit must be made within seven (7) days of delivery. Refunds or a store credit will be issued as per the Customer's preference. Goods that are returned for credit must be in full re-saleable condition, and if possible should be returned in original packaging. All external and internal packaging should also be complete and in original state if possible. Writing and stickers on external packaging may mean the item will not be accepted for credit. Returned goods must include all accessories, manuals, CD's, etc that were originally supplied and these too should be undamaged and complete. Freight and insurance of non-warranty goods returned are at Purchaser's cost and goods are returned at the customer's risk. If an RA number has not been issued, the goods will be returned to the customer at the customer's expense. A copy of the RA form and the original Barcoder invoice must accompany any goods that are returned.


24. Account Adjustments
Where an account is overpaid, or if some other form of reimbursement is due to the Purchaser from Barcoder, refunds be processed or a store credit will be applied to the Purchaser's account with Barcoder and such credit will be applied to the Purchaser's future purchases from Barcoder.


25. Changes to Terms and Conditions
These Terms and Conditions may be changed at any time without notice and Barcoder's current Terms and Conditions will always be viewable at http://www.barcoder.net.au/terms.asp


Change History
2 January 2008 ... Version 1 written and published
12 March 2008 ... Telephone Orders paragraph added to 13. Orders section
19 March 2008 ... 22. Other Returns section modified to include updated Returns Authorisation procedure
2 November 2008 ... 14. Agreed Price section modified to include paragraph pertaining to price fluctuations
5 January 2009 ... 15. Credit Payment Terms section modified to include paragraph pertaining to Barcoder's right to delay shipment until items have been paid for.
18 January 2009 ... Sections given Section Numbers ... no other changes made
24 March 2014 ... 22. Warranty Returns amended to 22. Warranty Returns and Product Support and paragraph added pertaining to product support.