Terms & Conditions
Payment
The total amount of this invoice is due and payable in full within 30 days from the invoice date, unless otherwise agreed in writing. If payment is not received in accordance with the agreed terms, we reserve the right to engage third-party debt collection services. Any additional costs incurred as a result of referring the account to a third party, including interest at the rate of 5% per annum, will be passed on to the client.
Surcharge on Credit Card Payments
A surcharge will apply to all credit card payments made for goods and services. The surcharge is a percentage of the total transaction value and is based on the type of credit card used, as detailed below. These rates reflect the costs incurred by Aria Technologies for processing credit card transactions.
The following surcharge rates apply:
- Visa/Mastercard: 1.1%
- American Express: 1.8%
Aria Technologies reserves the right to adjust the credit card surcharge rates from time to time. Any changes to the surcharge rate will be communicated to the client in advance and will apply to future transactions. The credit card surcharge is in accordance with the requirements of the Australian Consumer Law (ACL), which allows businesses to pass on the cost of credit card processing to customers. The surcharge amount will not exceed the cost incurred by Aria Technologies for processing the payment. If a refund is issued for any payment that included a credit card surcharge,
the surcharge will also be refunded. The refund of the surcharge will be processed in the same manner as the original payment.
Title
Title to and ownership of the goods remains with Aria Technologies until full payment is received. In the event of non-payment by the due date, Aria Technologies reserves the right to pursue any legal remedies available, including, but not limited to, the repossession of goods. Repossession may occur with or without notice, subject to compliance with applicable laws.
Risk Of Loss
The client assumes all risk of loss or damage to the goods upon delivery to the client or collection by the client, whichever occurs first.
Delivery
Delivery will be made in accordance with Aria Technologies' delivery schedule as established at the time the client’s order is received.
Delivery Charges
Prices apply to delivery within the Metropolitan Area. Deliveries to locations outside this area may incur additional freight and insurance charges.
Taxes
In addition to the prices shown, the client agrees to pay any applicable taxes resulting from this invoice or related activities, excluding taxes based on net income. Any personal property taxes
assessed on the goods after delivery by the carrier will be the responsibility of the client. Where applicable, GST will be added to the prices.
Warranties
Aria Technologies warrants that the goods supplied are free from defects in material and workmanship at the time of delivery or collection by the client, as applicable. To the fullest extent permitted by law, all other warranties, express or implied, are excluded. If the supply of goods under this invoice is to a consumer as defined under the Australian Consumer Law (ACL), nothing in these terms excludes, restricts, or modifies any condition, warranty, right, or remedy that is conferred upon the consumer by the ACL.
Where permitted under the ACL, Aria Technologies limits its liability for a breach of any condition or warranty implied by the ACL to the following options:
- The cost of replacing the goods; or
- The cost of acquiring equivalent goods.
Limitation Of Liability
Subject to the foregoing, Aria Technologies' liability to the client for any cause whatsoever, regardless of the form of action (whether in contract, tort, including negligence, or otherwise), shall be limited to actual damages up to the greater of:
- The purchase price of the goods causing the damage, or
- $1,000.
Under no circumstances will Aria Technologies be liable for any lost profits, loss of revenue, or other consequential, incidental, or indirect damages arising from the use of, or inability to use, the goods, even if Aria Technologies has been advised of the possibility of such damages.
This limitation of liability does not apply to:
- Costs and damages awarded for personal injury or damage to personal property directly caused by Aria Technologies' negligence; or
- Any liability that cannot be excluded, restricted, or modified under the Australian Consumer Law (ACL) or other applicable laws.
Severability
If any provision of this invoice is found to be unenforceable, the remaining provisions will remain in full force and effect.
Limitation of Action
No action arising out of this order may be brought by either party more than three years after the cause of action arose, except for claims related to non-payment.
Force Majeure
Aria Technologies will not be held responsible for failure to fulfil its obligations, including delivery, due to events beyond its reasonable control, including but not limited to strikes, fires, floods, or other unforeseen circumstances.
Governing Law
These terms and conditions are governed by the laws of all states and territories of Australia. Any disputes will be resolved in accordance with Australian law.
Entire Agreement
Aria Technologies and the client agree that these terms and conditions constitute the entire agreement between the parties regarding the purchase of supplies. No representation or warranty not
expressly stated herein will be binding on Aria Technologies. The foregoing terms and conditions shall prevail, notwithstanding any variations or conflicting terms in any order submitted by the client.