In these terms:

• “OPEN Networks” means OPEN Networks Pty Ltd; ABN 83 107 471 796;
• “You” means you, the person who places an Order or on whose behalf an Order is placed, for goods with OPEN Networks;
• “Goods” means the goods provided to you by OPEN Networks;
• “Order” means an order for Goods submitted by You to OPEN Networks;
• “Invoice” means an invoice provided by OPEN Networks to You;
• Price List means OPEN Networks’ current price list, as advised to You in writing from time to time;
• “Purchase Price” means the amount, including the cost of delivery, calculated under OPEN Networks’ Price List or other agreed price.

OPEN Networks reserves the right to accept or reject in whole or in part any Order.

You must pay the Purchase Price in full prior to the dispatch of the Goods;

If OPEN Networks makes a taxable supply under or in connection with these terms and conditions for a consideration which represents the value of that taxable supply, then You must also pay at the same time and in the same manner as the value is otherwise payable, the amount of any Goods and Services Tax payable in respect of the taxable supply

Delivery takes place on the date and time the Goods are left by OPEN Networks or its agent at the address nominated by You as the delivery address.

OPEN Networks will not be liable for any damage to the Goods after delivery.

OPEN Networks takes great care to ensure all goods arrive to you in good condition. You should check the goods for damage when you receive them. If the goods are damaged or faulty, you should report it to us within seven (7) days of receipt so we can arrange for a replacement. Delivery charges are not subject to refund unless the product is faulty or we shipped the wrong item.

12 Months warranty is provided on all hardware from date of dispatch from OPEN Networks.

Risk and ownership passes to You upon payment and delivery of the Goods.

OPEN Networks consider the security of your personal information to be of the highest importance. Our web site has implemented a number of security measures to provide you peace of mind when placing your order.

Except as provided for in these conditions, all express and implied conditions, warranties or liabilities of any kind about the Goods sold are expressly excluded, and OPEN Networks will be under no liability in contract or tort or otherwise for any injury, loss or damage of any kind or for anything done or omitted to be done in connection with the Goods.

If the Goods are supplied to You as a “consumer” of goods or services, within the meaning of “consumer” in the Trade Practices Act 1974 as amended or similar state legislation, nothing in these terms excludes, restricts or modifies any condition, warranty, right or remedy conferred by the Trade Practices Act 1974 as amended or similar legislation.

If the Goods are goods not ordinarily acquired for personal, domestic or household use or consumption for the purposes of the Trade Practices Act 1974 as amended or similar legislation, OPEN Networks liability is limited to payment of an amount equal to the cost of replacing the Goods.

Subject to the above clause and this clause, OPEN Networks will not be liable for any default or failure in performance of its obligations under these terms which results directly from acts of God, civil or military authority, acts of public enemy, war, accidents, riot, political or civil disturbances, fire, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of labour, material or components, delay in transport, stoppage or break down of machinery, accident of any kind, any default or delay by any of OPEN Networks’ suppliers or sub-contractors, any act of any State or Government or any authority or any other cause beyond OPEN Networks’ control.

Despite anything else in these terms, You acknowledge that:

• prior to ordering the Goods You satisfied Yourself as to the their suitability for Your purpose;
• OPEN Networks has made no express warranty, condition or representation about the Goods’ quality, fitness for purpose, safety, suitability or otherwise;
• OPEN Networks will not be liable for any consequential damages or loss of any nature in any circumstances; and
• OPEN Networks will not be liable for any loss suffered by You.

If there is any inconsistency between any other document and these terms then these terms prevail.

The laws of the State of Victoria govern the validity, interpretation and performance of these terms. These terms apply to all Goods supplied by OPEN Networks to You unless expressly varied in writing by OPEN Networks .

Each clause in these terms and conditions is severable the one from the other and if any clause is found to be defective or unenforceable for any reason by any competent court, the remaining clauses shall be of full force and effect.