Website Terms and Conditions
"BACS" and “BACS Contamination Control” refer to "BACS Pty Ltd", ABN 18 002 409 574. BACS Pty Ltd is an Australian company. BACS specialises in data centre cleaning, comms and server room cleaning, cleanroom and other technical cleaning services available nationally. BACS sells IT and cleanroom products online that compliment these services.
1. Conditions
1.1. Each online sale is made upon and subject to these Terms and Conditions of sale unless stated or acknowledged in writing by BACS Pty Ltd.
1.2. BACS Pty Ltd reserves the right to decline an order for products or services.
1.3. Prices are subject to the application of Federal and State tax legislation as and when enacted.
1.4. BACS Pty Ltd reserves the right to change these Terms and Conditions without notice at any time.
2. Price
2.1. Online product prices are displayed in Australian Dollars ($AUD) inclusive of GST. GST is displayed separately prior to confirmation and payment of online order.
2.2. Products purchased online will be invoiced at the price applicable on that day.
2.3. BACS Pty Ltd may vary prices annually by the amount of increase listed in the All Groups Consumer Price Index unless a customer is under contract for a specified time.
2.4. The cost of the delivery of products is the shipping cost plus GST, applied on the date of order fulfillment.
2.5. Any additional product packaging required by the buyer will be at the buyer’s expense.
2.6. Each delivery of products, whether whole or part of the order contracted for, shall be deemed a separate contract and be paid for accordingly.
3. Shipping
3.1. The responsibility of BACS Pty Ltd for delivery of products ceases at the receiving dock, office or street frontage.
3.2. If the buyer requests delivery of product to any other point, it is the buyer’s responsibility to provide adequate and safe access for that purpose.
4. Payment
4.1. Online purchases are due for payment immediately after a shipping cost has been applied to the invoice/order.
4.2. Non-online payment can be made via Electronic Funds Transfer (EFT), cheque or credit card (Mastercard,Visa, AMEX).
4.3 Online payment via the website can be made using Paypal or credit card (MasterCard, Visa, AMEX).
5. Claims
5.1. No claims will be recognised unless made in writing within 7 days of service being provided.
5.2. No products will be accepted for credit after return without prior written approval. Refer to “Return Refund and Exchange Policy” for detailed information on product claims.
6. Consumer Protection
6.1. Nothing herein contained shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting, or modifying the application in relation to the supply of any goods pursuant to the contract of all or any of the provisions of Part V of the Trade Practices Act 1974 (as amended) or any relevant legislation which by law cannot be excluded, restricted or modified.
6.2. Provided that to the extent that any of the legislation permits BACS Pty Ltd to limit its liability for the breach of any condition or warranty applying under or by the virtue of any of the legislation, then BACS Pty Ltd.’s liability for any such breach shall be limited to the extent permitted by such legislation and subject thereto.
6.3. In the case of products, one or more of the following may apply, as BACS Pty Ltd in its absolute discretion determines:
- 6.3.1. The replacement of the products or the supply of equivalent products;
- 6.3.2. The repair of products;
- 6.3.3. The payment of the cost of having the product repaired.
6.4. It is the buyer’s responsibility to satisfy himself or herself that the products are of a description, quality and character suitable for the purpose for which they are purchased. Any other purpose and subject to any provision of the legislation to the contrary, BACS Pty Ltd shall not be liable in any way whatsoever for any loss or damage (including direct, indirect, special, general or consequential) however so arising from the sale or from the failure of the buyer to satisfy himself or herself.
7. GST and Other Taxes
7.1. In addition to the price specified, the buyer agrees with BACS Pty Ltd to pay to BACS Pty Ltd any taxes (both Federal and State) imposed upon the supplier under this contract including but not limited to a Goods & Services Tax (‘GST’).
7.2. If the GST or any existing taxes, duties or charges are varied (the Tax charge) during the term of this agreement, the cost of the Tax or the cost of any increase in taxes to BACS Pty Ltd will be borne by the buyer as an increase in the price of the goods.
7.3. The appropriate GST is payable by the buyer to BACS Pty Ltd with respect to and at the same time as all amounts which become payable by the buyer to BACS Pty Ltd under these Terms and Conditions.
8.Product Reviews
8.1. BACS reserves the right to moderate all online product reviews and post those which pertain to product features and performance only.
9. Jurisdiction
9.1. In the event of a dispute, the customer agrees to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
10.Force Majeure
10.1. The parties shall be excused from the timely performance of obligations under this Agreement where and to the extent that any performance is prevented or delayed by any cause beyond the reasonable control of the party concerned.