Terms & Conditions

NOTE TO CUSTOMER – THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE BY TWILIGHT AT ANY TIME. TWILIGHT MAY GIVE NOTICE TO THE CUSTOMER OF SUCH CHANGES AT ANY ADDRESS HELD FOR THE CUSTOMER (INCLUDING AN EMAIL ADDRESS) OR BY PUBLISHING THE CHANGED TERMS AND CONDITIONS ON ITS WEBSITE

Interpretation

1. In these conditions:

GJ & SA YOUNG Trading As TWILIGHT COMPUTER SERVICES (collectively referred to in this Statement and Policy as “TWILIGHT”)

“Customer” means any entity, including an incorporated or unincorporated business or an individual (and where the context permits its employees, agents and subcontractors) who acquires Goods or Services from Twilight.

“Goods” means the products supplied by Twilight to the Customer.

“Twilight” means an entity lawfully trading under the Twilight name and specified on either an invoice, order, tender document or credit application form and where the context permits, includes their employees, agents, subcontractors and assignees.

“Services” means the services supplied by Twilight to the Customer.

“Website” means www.twilightcomputer.com.au

General

2. The Customer must pay to Twilight all monies owing for the Goods and Services and associated charges, as set out in any invoice, order, agreement or tender document issued by or on behalf of Twilight, unless otherwise agreed in writing.

3. An invoice will be issued to the Customer each time goods and/or services are supplied by Twilight. Where the supply of goods and services have not been completed by each month end, or at such other stage of a particular supply when Twilight reasonably determines it is appropriate to do so, a progress invoice may be issued to the Customer.

4. The Goods and Services are supplied subject to these Terms and Conditions, which shall prevail over all other conditions of the Customer’s order to the extent of any inconsistency, and which shall not be varied or waived unless agreed by Twilight in writing. These Terms and Conditions apply whether or not the Customer has an account with Twilight.

Goods Returns Policy

5. The Customer is not entitled to a refund if the Customer simply changes its mind and wishes to return any unused Goods or to cancel an order. Any request for a refund in those circumstances within 30 days of sale or order will be considered by Twilight, but may be refused by Twilight in its reasonable discretion. Where a refund in those circumstances is agreed by Twilight in its discretion, a restocking fee of 15% of the value of those Goods will be charged to the Customer and deducted from any refund.

Replacement Policy

6. Twilight will replace any Goods if:

a) Twilight is satisfied that the Goods were defective in materials or in manufacture at the time of delivery of the Goods to the Customer; and

b) The Customer gives notice to Twilight at the address shown on the front of the invoice or other delivery documentation or at the address otherwise notified to the Customer, within 7 days of receipt of the Goods, of the alleged defects in materials or in manufacture; and

c) The Customer actually returns the Goods to Twilight at the expense of the Customer within 30 days of delivery, quoting invoice numbers.

The benefits to the Customer under this Replacement Policy are in addition to and are subject to any other rights and remedies which the Customer may have. If the Australian Consumer Law applies, the goods come with guarantees which cannot be excluded and which entitle the Customer to a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. If the Australian Consumer Law applies you are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Limitation of Liability

7. Subject to clauses 6 and 8 of these Terms and Conditions, and to the extent permitted by the Australian Consumer Law, the Customer has no claim against Twilight for any damages whatsoever arising out of the purchase or the use of the Goods.

8. Assuming that the Goods or Services sold by Twilight are not for personal, domestic or household purposes, Twilight’s liability under any guarantee or warranty, whether express or implied by the Australian Consumer Law or other relevant legislation is limited to:

(i) in the case of goods, any one or more of the following:

a) the replacement of the goods or the supply of equivalent goods;
b) the repair of the goods;
c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
d) the payment of the cost of having the goods repaired; or

(ii) in the case of services:

a) the supplying of the services again; or
b) the payment of the cost of having the services supplied again; or

(iii) in the case of a monetary claim in respect of goods;

a) the cost of replacing the goods;
b) the cost of obtaining equivalent goods; or
c) the cost of having the goods repaired, whichever is the lowest amount.

Exclusion of Warranties

9. Subject to conditions 6, 7 and 8, and subject to any statutory rights including under the Australian Consumer Law, Twilight gives no warranties with respect to the Goods or Services supplied to the Customer. All warranties are excluded except where they are expressly given in writing by Twilight, or except to the extent that any implied warranty cannot be excluded by law.

Use of Goods

10. (a) The Customer must only use the Goods for the purpose for which they were intended, and must comply with all legal requirements of use and all directions of use by Twilight or by the manufacturer of the Goods, whether provided to the Customer or posted on the Goods.

(b) The Customer must comply with all Occupational Health and Safety laws relating to the use of the Goods.

(c) The Customer indemnifies Twilight against any claim whatsoever arising from the Customer’s improper use of the Goods, and any breach by the Customer of its obligations under this Agreement.

No Liability for Delay

11. Subject to any statutory rights including under the Australian Consumer Law, Twilight will not be liable for any delivery delay or any non-delivery attributable to transport delays, unavailability of Goods or other products, lockouts, holiday periods, or any other cause whatsoever which is outside the control of Twilight. Where part delivery of goods is made, payment will be made for those goods which are delivered.

Rights in Relation to Goods

12. Twilight reserves the following rights in relation to the Goods until all accounts owed by the Customer to Twilight are fully paid:

(a) ownership of the Goods;

(b) to enter the Customer’s premises (or the premises of any associated company or agent or third party where the Goods are located) without liability for trespass or any resulting damage and retake possession of the Goods; and

(c) to keep or resell any Goods repossessed pursuant to (b) above.

If, before all accounts owing by the Customer to Twilight are fully paid, the Goods are resold or products manufactured using the Goods are sold by the Customer, the Customer shall hold such part of the proceeds of any such sale as represents the invoice price of the Goods in a separate identifiable account as the beneficial property of Twilight and shall pay such amount to Twilight upon request. Notwithstanding the provisions above Twilight shall be entitled to maintain an action against the Customer for the full purchase price of the Goods.

Personal Property Securities Act (Cth) (“PPSA”)

13. (a) The retention of title to the Goods by Twilight until they are paid for, or the sale of any goods by Twilight to the Customer on consignment, may create a Security Interest in the Goods. All terms in this clause have the meaning given in the PPSA; and “PPSA” includes all amendments to, regulations under, and legislation associated with, the Personal Property Securities Act.

(b) At the request of Twilight, the Customer shall promptly execute any documents, provide all necessary information and do anything else required by Twilight to ensure that any Security Interest which may be created under these Terms and Conditions in the Goods or their proceeds is enforceable, perfected and otherwise effective under the PPSA, and has priority over all other security interests in the Goods. Twilight is authorised by the Customer to register its Security Interest in respect of the Goods in the PPS Register at any time.

(c) The Customer waives its rights under all sections of the PPSA which are referred to in Section 115 of the PPSA, to the extent permissible by law.

(d) The Customer waives its right to receive a notice of PPSR registration under Section 157 of the PPSA.

(e) Twilight may in protecting its security interests rely on any rights which it has under statute or under this Agreement, in its discretion.

Risk on Delivery

14. The risk in the Goods passes to the Customer on delivery. The Customer must keep the Goods insured and in good condition and indemnifies Twilight against any damage to or loss of the goods, however caused, after delivery.

Proof of Delivery (COVID-19 UPDATED)

Zero contact service and deliveries: The Customer hereby authorises Twilight to sign for services and deliveries on behalf of the customer by recording the recipient’s name. The Customer agrees and acknowledges that such record will be deemed proof of and acceptance of services and deliveries or returns of the Goods by the Customer.

By continuing to accept services and deliveries or returns from Twilight, you are deemed to have agreed to this clause. If alternative arrangements are needed, please contact Twilight on (02) 4022 9775.

Insolvency of Customer

15. In addition to non-payment by the Customer or other breach of these Terms and conditions, the Customer will also be in breach of these Terms and Conditions if the Customer becomes insolvent or passes a resolution concerning its bankruptcy, administration, receivership or liquidation, or enters into any form of external administration.

Collection/Legal Charges

16. The Customer agrees that if the account is not paid by the due date, the account may be lodged with a mercantile agent for recovery, and in such circumstances the applicant will bear an account surcharge of minimum 5% to cover the agent’s commission. In addition the applicant agrees to bear all legal costs and disbursements incurred in the recovery of the debt.

Default Interest

17. Twilight may charge interest on any overdue amount at a rate equivalent to 3.0% p.a. above the business overdraft interest rate of its principal banker, as determined and calculated by Twilight. Such interest will be payable on demand by Twilight and for so long as it remains unpaid will compound on a monthly basis.

Applicable Law

18. The supply of the Goods and Services by Twilight to the Customer is governed by the laws and courts of the state where the supply takes place.

No Waiver

19. These Terms and Conditions are not affected by any time or indulgence granted to the Customer by Twilight.

Privacy

20. Twilight will comply with the Australian Privacy Principles. A copy of the Twilight Privacy Statement and Policy is available on request or on the Website.

ALL PRICES QUOTED ARE SUBJECT TO CHANGE WITHOUT NOTICE