Terms & Conditions of Sale

These are the terms and conditions of sale of all products supplied by Comet Solutions Pty Ltd ABN 85 612 603 568 (“Company”).

General

All orders placed with the Company are subject to these Terms & Conditions and the Company may at any time and from time to time vary or alter these Terms & Conditions. Any such variation to these Terms & Conditions will apply upon notification by the Company to the customer.

Any representation, warranty, condition or undertaking that would be implied into these Terms & Conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. Nothing in these Terms & Conditions excludes, restricts or modifies any condition, warranty, right or remedy conferred on a party by the Competition and Consumer Act 2010 or any other applicable Australian law that cannot be excluded, restricted or modified by agreement.

If there is any error or omission in the price displayed, the Company reserves the right to amend the price.

Delivery

Any date or time quoted is an estimate only and the Company will endeavour to meet that estimate, but failure to do so will not confer on the customer any right of cancellation on the customer’s part or render the Company liable for any loss or damages directly or indirectly sustained by the customer as a result thereof.

The Company’s obligation to deliver will be discharged on arrival of the products at the customers nominated delivery destination, nominated transport company, nominated agent or the address appearing on the quotation.

The customer will examine the products immediately after delivery and the Company will not be liable for any misdelivery, shortage, defect or damage unless the Company receive details in writing within 5 calendar days of the date of delivery of the products.

To the extent permitted at law, the Company will not be liable to the customer or any third party for liquidated damages in any form, any delay costs, consequential loss including (without limitation) any loss of profits, loss of revenue, loss of production, loss of business opportunity, loss of goodwill, loss of business reputation, economic loss or any indirect, remote and/or unforeseeable loss. The aggregate liability of the Company in damages (however arising) in respect of any act or omission of the Company’s in connection with its obligations under these Terms & Conditions will not exceed the amount of one hundred dollars (AUD$100), even if the Company has been advised by the customer as to the possibility of such loss being incurred.

The Company will not be liable for any failure or delay in supply, delivery or installation where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of the Company including, but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, fire, act of God, breakdown of plant, shortage of supplies or labour, storms or tempest, vandalism or riot, civil commotions or accidents of any kind (each an “Event of Force Majeure”). The Company’s obligations will be suspended until the Event of Force Majeure ceases to cause the failure or delay (as the case may be). The customer will not be relieved of any obligation to make payment to the Company regardless of any party being affected by an Event of Force Majeure.

Limit of Liability

Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be held responsible for any incompatibility issues or held liable to the Buyer by reason of any representation (unless fraudulent) or any implied warranty, condition, or other term or any duty at common law or under the express terms of the contract, for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer including, without limitation, losses or damages of the types listed below:-

  • loss of profit; and/or
  • loss of anticipated savings.
  • loss of business and/or goods; and/or
  • loss of revenue; and/or
  • loss of contract; and/or
  • loss of goodwill; and/or
  • loss of use; and/or
  • loss and/or corruption of data and/or other information; and/or
  • downtime; and/or
  • any damage relating to the procurement by you of any substitute hardware or software.

The entire liability of the Seller under or in connection with the contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
All open box products and graded products strictly come with a return to base warranty.

Pricing Policy

All of our prices are in Australian Dollars (AU) and are stated including GST (Goods and Services Tax).

Prices are subject to change due to currency fluctuations or a price increase from suppliers.

We reserve the right to adjust prices accordingly at any time.