APPLICABILITY

These conditions govern the process through which Intrix OneTap Pty Ltd (ACN 666622671) (Intrix), or any Related Body Corporate to any of those companies as defined by the Corporations Act will:

(a) accept Return(s) from a Buyer; or
(b) offer any form of Damage Allowance to a Buyer.

To the extent permitted by law, these conditions prevail over all express and implied terms and conditions in relation to the subject matter of these terms and conditions that have been previously communicated between Intrix OneTap Pty Ltd (Intrix) and any of its wholesale customers (Buyer) in writing or orally, whether in an order, letter, tender document, in discussions or otherwise. This clause does not affect any rights the Buyer may have under the Competition and Consumer Act 2010 (Cth) or any other law if, and only to the extent that, those rights may not be lawfully excluded or modified under these conditions.

No person acting or purporting to act on behalf of Intrix shall have authority to waive or change these conditions orally. Waivers or changes shall have effect only if made in writing and signed by a duly authorised officer of Intrix.

The rights of the Buyer may only be assigned with the express written consent of Intrix.

Intrix and the Buyer acknowledge that these terms and conditions do not replace or infringe upon the rights of either the Buyer or Intrix under the terms of sale as expressed in any Intrix invoice or terms of a credit facility the Buyer may have with Intrix.

These conditions do not apply to return of product for fault or defect under the manufacturer’s warranty documents or the Australian Consumer Law. Please refer to the Intrix OneTap Pty Ltd (Intrix) Defective Returns Policy for further information regarding defective returns.

RETURNS

If a Buyer wishes to return any Intrix product(s) for any reason other than for fault or defect under the manufacturer’s warranty documents or the Australian Consumer Law, the Buyer must make a request within two (2) days of the date of the Proof Of Delivery (POD) form given to the Buyer by Intrix’s nominated carrier for Intrix to return the Intrix Product(s) to Intrix together with the following information:

(a) the relevant invoice number issued to the Buyer by Intrix;

(b) a copy of the relevant POD;

(c) the model number of the Intrix Product(s); and

(d) the reason for the request for the return of the Intrix Product(s).

Intrix may approve or reject a request for the return of Intrix Product(s) in its absolute discretion.

If Intrix rejects a request for the return of Intrix Product(s), it will notify the Buyer of the rejection and the reasons for the rejection.

If Intrix approves a request for the return of Intrix Product(s), the Intrix Product(s) to be returned will be defined as “Returns”.

Where Intrix approves a Return(s), it will:
(a) issue to the Buyer a unique Intrix identification number known as a “RAN” or “Return Authorisation Number” for the Return(s); and
(b) organise its nominated carrier to pick up the Return(s) from the Buyer’s premises for a Restocking Fee charge of 20% of the invoice price (excl GST) of the Return Authorisation (“Restocking Fee”).

The Buyer must have the Return(s) ready for pick up on the notified date.

If the Intrix Product(s) are rejected by the Buyer after the Buyer has confirmed an order for delivery and Intrix has received the Buyer’s confirmation to deliver the order or part thereof, and Intrix has not authorised such rejection, then Intrix may charge the Buyer a Restocking Fee for returning the Intrix Product(s) to the relevant Intrix state warehouse. However, if the rejection is due to Intrix’s error, then the Buyer is not liable for the Restocking Fee.

Returns (excluding Damaged Returns) must be in saleable condition, that is in its original packaging, unopened and in the same condition as they were upon delivery of the original Intrix product(s).

If a return of Intrix Product(s) occurs at the request of Intrix rather than the Buyer, then Intrix shall be responsible for collection of the Intrix Product(s) at Intrix’s cost.

Intrix, at its discretion, may either deduct the approved Return(s) amount and Restocking Fee from the invoice against which the Buyer makes the request, or issue to the Buyer a credit note equivalent to the approved Return(s) amount and Restocking Fee.

DAMAGE ALLOWANCE

Intrix acknowledges that:

(a) there may be circumstances where Intrix’s nominated carrier has delivered to the Buyer Intrix Product(s) where the packaging has been damaged (Damaged Product) and the Buyer cannot reasonably sell the Damaged Product(s) to the Buyer’s customers at the full recommended retail price; and
(b) the Buyer is permitted to return Damaged Product(s) as a Return(s) and following the process set out in Clause 2.

Intrix may, in its discretion, offer as an alternative to the Return(s) process, provision of compensation to the Buyer to keep the Damaged Product rather than seek to return the Damaged Product(s) as a Return(s). This offer of compensation is known as a “Damage Allowance”.

Intrix will only offer a Damage Allowance if the Buyer has informed Intrix that it has received the Damaged Product(s) within two (2) days of the date of the Proof of Delivery (POD) form either in a request for a Return(s) offer, or in any other form approved by Intrix from time to time.

If the Buyer wishes to accept a “Damage Allowance”, Intrix will then:
(a) issue to the Buyer a unique identification number know as a “DA Number” for the accepted Damage Allowance; and
(b) at its discretion, deduct the accepted “Damage Allowance” amount from the invoice to which the Damaged Product(s)

relates or issue to the Buyer a Credit Adjustment Note equivalent to the accepted “Damage Allowance” amount.

WARRANTY AND INDEMNITY BY THE BUYER

The Buyer represents and warrants that:
(a) all information that will be provided to Intrix in relation to any “Damage Allowance” or a request for a Return(s) is true and correct and not misleading in any respect; and
(b) any Intrix Product(s) that is to be returned to Intrix as a Return(s) is in the same condition that it was when the Buyer took delivery of the Intrix Product(s) from Intrix.

The Buyer indemnifies and holds Intrix harmless against any loss, cost, damage or expense, liability, actions, proceedings and claims (including reasonable legal fees and expenses) sustained by Intrix in connection with any breach of Clause 4.1 by the Buyer.

SEVERANCE

If any provision of these conditions is or shall be illegal, invalid or unenforceable, then that provision shall be severed, and the validity and enforceability of the remaining provisions shall not be affected.

VARIATION

Intrix may at any time, in its absolute discretion, vary any of these conditions by giving written notice to the Buyer.

GOVERNING LAW

These conditions shall be governed by laws of New South Wales, Australia, and each party submits to the exclusive jurisdiction of the courts of New South Wales.