Harbour IT Pty Ltd General Terms and Conditions of Supply


Unless otherwise agreed in writing by the parties, all products (including hardware and software) and services supplied by Harbour IT to the Customer are subject to these Terms and Conditions of Supply (Terms).

  1. ORDERS
    1. All orders and requests for products or services must be in writing.
    2. Any quotation provided by Harbour IT is given without any obligation.  A binding obligation on Harbour IT to deliver products and services only arises when Harbour IT accepts the Customer’s order for those products or services in writing.
    3. Subject to Australian Consumer Law, Harbour IT will not accept cancellation of accepted orders or return of products for credit or exchange unless its authorised officer agrees in writing.
    4. Each order is as a separate binding agreement between Harbour IT and the Customer and these Terms apply to it.
  2. PAYMENT
    1. The Customer must pay the full amount invoiced by Harbour IT.  Unless otherwise agreed before delivery, services are charged at Harbour IT’s time and materials rate current at the time of order.
    2. The Customer must pay all invoices within 30 days of invoice date.
    3. If products or services are supplied in instalments, each instalment is deemed the subject of a separate agreement on these Terms.
    4. If payment is not made when due, Harbour IT may, at its discretion:
      1. discontinue future supply of products;
      2. suspend the supply of services;
      3. charge interest on the unpaid amount at the rate of 4% per annum above the Commonwealth Bank of Australia’s base rate calculated daily; and
      4. (where applicable) withdraw any credit.
    5. The Customer must not set-off any sums payable against any claims it may have against Harbour IT under these Terms or otherwise.
    6. Without prejudice to its other rights and remedies, Harbour IT has the right, at its discretion, to refuse an order, continue or suspend supply if the Customer:
      1. becomes insolvent;
      2. (where applicable) exceeds any credit limit specified by Harbour IT; or
      3. is otherwise in breach of these Terms.
  3. GST
    1. All prices quoted by Harbour IT are exclusive of GST and all other applicable taxes, duties and levies, unless stated otherwise.
    2. If any supply under this Agreement:
      1. is a taxable supply (as defined in the GST Act), the party making the supply may, in addition to any payment for the supply, recover the amount of the GST applicable to the supply.  Any amount of GST payable for a supply is payable at the same time as the payment for the supply to which it relates; and
      2. attracts any other tax, duty or levy that starts after the date of these Terms and Harbour IT is required to pay such tax, duty or levy, the parties will negotiate in good faith to agree an outcome that does not result in a reduction of the Price as a result of the tax, duty or levy, except to the extent required by law.
  4. LIMITATION OF LIABILITY
        1. Harbour IT provides no warranty for any products or services supplied, apart from written warranties provided by the original manufacturer or vendor of products, including software.  To the maximum extent permitted by law, Harbour IT expressly disclaims any and all other additional warranties expressed or implied, in relation to fitness for particular purpose, acceptable quality or otherwise.
        2. To the maximum extent permitted by law, Harbour IT’s liability for products or services is limited to re-supplying or paying the cost of re-supplying the product or services, at its discretion.
        3. Neither party is liable for any of the other party’s lost management or other staff time, loss of actual or anticipated profit, revenue, savings, use, production, opportunity, contracts, interest or good will or any consequential, indirect, incidental or special loss or damage or expense, even if it was reasonably foreseeable.
        4. Harbour IT is not liable for errors in system design or configuration after they have been approved by the Customer.
        5. All Harbour IT’s system designs and copies of them are protected by copyright and must not be copied or distributed without Harbour IT’s written permission.
  5. TITLE, RISK AND DELIVERY OF PRODUCTS
    1. Harbour IT retains title in products until all sums owing to Harbour IT are paid.
    2. Until title passes to the Customer:
      1. the Customer must not authorise or pledge, credit or create any lien, mortgage, charge security interest or encumbrance on the product or proceeds; and
      2. Harbour IT may take possession of the products (after notifying the Customer of its intent to do so) or its proceeds.  The Customer must ensure Harbour IT has access to products at all times to exercise its rights.
    3. Risk in products passes to the Customer on delivery, which will be effected when the products are released to a third party carrier.
    4. In-transit insurance is the responsibility of the Customer.  If requested in writing, Harbour IT may arrange in-transit insurance at the Customer’s expense.
    5. Unless otherwise stated, delivery is to the Customer’s address stated on the order.
    6. Any delivery times Harbour IT specifies are only estimates and Harbour IT is not liable for delay in delivery for any reason.
    7. If there is a shortage of, or damage to products during delivery, the Customer must notify Harbour IT within 14 days of delivery or the delivery is deemed accepted as complete and undamaged.
    8. Harbour IT is not liable for any claim where the damage or loss is due to the Customer’s acts, omissions or negligence, including misuse, inappropriate storage, handling conditions or accident.
    9. If the ordered products or services become unavailable, Harbour IT may substitute similar products (of no lesser performance) to those ordered with notice.
  6. CUSTOMER CONTENT
    1. In this clause:
        1. Customer Content means the content or data the Customer provides to Harbour IT; and
        2. Customer Environment means the any system, software, network or application belonging or being used by the Customer.
    2. The parties agree all Customer Content vests in and remains the Customer’s property and Harbour IT will not obtain any interest in it and will not access or use it for any purpose except to provide the services.
    3. The Customer indemnifies Harbour IT and its officers, employees and agents (Indemnified Parties) from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of the Indemnified Parties, arising from any claim or proceedings alleging that the Customer Content or the Customer’s Environment infringes any law.
  7. INTELLECTUAL PROPERTY
    1. In this clause, IPR means all intellectual property rights, whether registered or unregistered including patents, copyright, rights in circuit layouts, designs, trademarks, processes, formulate, technology, systems reports, drawings, specifications, software (including source codes and object codes) discoveries, inventions, improvements, trade secrets, technical data, research data and logos. 
    2. Ownership of any IPR in any item will not be transferred or assigned from one party to the other merely by virtue of the other party’s use.
    3. To the extent Harbour IT is the owner of the IPR in any products or services, Harbour IT grants to the Customer a non-exclusive, royalty-free licence to use the products or services for its own internal purposes. 
    4. Where products or software contain any items in which IPR are owned by a third party, Customer may be required to enter into a separate end user agreement or third party licence agreement with the vendor. 
  8. CONFIDENTIALITY
    1. In this clause, Confidential Information means information in any form or media relating to a party’s business and operations, including commercial, financial and legal information, customer information, employee records, products, services, pricing, know-how and concepts.
    2. Each party agrees to keep confidential all Confidential Information of the other party with at least the same degree of precaution and safeguards it uses to protect its own Confidential Information, but in no case less than reasonable care.
    3. A party must immediately on request, return or destroy all the other party’s Confidential Information it possesses or controls, whether in written or electronic form and all copies.
  9. FORCE MAJEURE
    1. Harbour IT’s obligations are suspended during the continuance of any event not within its reasonable control, including labour dispute, strike, lockout, acts of God, acts of the Customer, acts of civil military authority, priority, fires, strikes, floods, epidemics, quarantine, restrictions, war, riot, product and component availability, constraints and delays in transportation, and accidental or malicious damage (Force Majeure Event).
    2. If there is a Force Majeure Event, Harbour IT will give the Customer notice as soon as reasonably possible.
    3. If the Force Majeure Event continues for more than 6 weeks, either party may, by written notice, cancel an order but without prejudice to any rights either party has in respect to any monies owing as at the cancellation date or otherwise due to breach of these Terms.
  10. GENERAL
    1. Harbour IT may subcontract any of its obligations under these Terms without notice.
    2. Harbour IT may novate or otherwise assign any right arising out of these Terms to a related bodies corporate with notice..
    3. A party’s failure to enforce any of these Terms will not constitute a waiver of them or affects its right to enforce them.
    4. Harbour IT may vary any of these Terms as reasonably necessary to perform the Terms, by written notice to the Customer.
    5. This Agreement is governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of its courts.

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Harbour IT
enquiries@harbourit.com.au
Level 10, 401 Docklands Drive
Melbourne , Victoria , 3008 Australia
1300 785 926
Information Technology (IT), Cloud Computing, Managed IT Services, IT Infrastructure Solutions, Disaster Recovery, Professional IT Services, IT Security, Cloud Computing Security, IT Help Desk, IT Service Support Desk, Communications, Procurement, Systems Integration, Managed Print Services
Harbour IT
enquiries@harbourit.com.au
Level 8, 59 Goulburn Street
Sydney , New South Wales , 2000 Australia
1300 785 926
Information Technology (IT), Cloud Computing, Managed IT Services, IT Infrastructure Solutions, Disaster Recovery, Professional IT Services, IT Security, Cloud Computing Security, IT Help Desk, IT Service Support Desk, Communications, Procurement, Systems Integration, Managed Print Services
Harbour IT
enquiries@harbourit.com.au
Ground Floor, West Tower, 410 Ann Street
Brisbane , Queensland , 4000 Australia
1300 785 926
Information Technology (IT), Cloud Computing, Managed IT Services, IT Infrastructure Solutions, Disaster Recovery, Professional IT Services, IT Security, Cloud Computing Security, IT Help Desk, IT Service Support Desk, Communications, Procurement, Systems Integration, Managed Print Services
Harbour IT
enquiries@harbourit.com.au
Suite 207, Norwest Central, 10 Century Circuit
Baulkham Hills , Queensland , 2153 Australia
1300 785 926
Information Technology (IT), Cloud Computing, Managed IT Services, IT Infrastructure Solutions, Disaster Recovery, Professional IT Services, IT Security, Cloud Computing Security, IT Help Desk, IT Service Support Desk, Communications, Procurement, Systems Integration, Managed Print Services