Beyond the Box Terms & Conditions

The terms and conditions contained herein (“Terms & Conditions of Sale”, “Contract”) shall apply to all quotations made and contracts of sale entered into between Traverse IT Pty. Ltd – trading as Beyond the Box (Beyond the Box) and Customer. No amendment, alteration, waiver or cancellation of any of these Terms is binding on Beyond the Box unless confirmed by Beyond the Box in writing. The Customer acknowledges that no employee or agent of Beyond the Box has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.

Pricing & Payment

Prices shall be the price in effect on the date the Customer’s order is shipped or released by Beyond the Box. Beyond the Box reserves the right to accept or decline any order, in whole or in part.

Payments are to be made to Beyond the Box without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement. All orders shall be prepaid by Customer, unless credit is first extended by Beyond the Box.

If credit is extended by Beyond the Box, Customer shall be invoiced upon shipment of product and Customer shall pay each invoice no later than the due date displayed on the invoice or where no due date is specified, no later than THIRTY (30) DAYS from the date of invoice. Beyond the Box reserves the right to change credit terms at any time, for any reason, without prior notice.

If the Customer defaults in payment by the due date of any amount payable to Beyond the Box, then all money which would become payable by the customer to Beyond the Box at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer, and Beyond the Box may, without prejudice to any of its other accrued or contingent rights:

• charge the Customer interest on any sum due at 18% per annum for the period from the due date until the date of payment in full;
• charge the Customer for, and the Customer must indemnify Beyond the Box from, all costs and expenses (including without limitation all legal costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Agreement or to recover any goods;
• cease or suspend supply of any further goods to the Customer;
• by written notice to the Customer, terminate any uncompleted contract with the Customer.

Title & Delivery

Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.

Beyond the Box will use reasonable efforts to ship according to Customer’s request but will not be responsible or liable for any failure to do so or any failure to meet a proposed delivery date. Should orders for product(s) exceed available inventory, Beyond the Box will allocate its available inventory and make deliveries (including partial shipments) in its sole discretion and without liability. Any claims by Customer for shortages or incorrectly supplied products must be filed by Customer with Beyond the Box within five (5) days of receipt of the products.

The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time. The Customer must, at its own expense, maintain the Goods and insure them for the benefit of the Beyond the Box against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.

Unless the Customer has inspected the Goods and given written notice to Beyond the Box within five (5) days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.

Cancellations & Returns

No order or invoice may be cancelled, modified or deferred without the prior written consent of Beyond the Box (which is at the Beyond the Box’s sole discretion). If such consent is given it is, at Beyond the Box’s election, subject to Beyond the Box being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 10% of the invoice price of the Goods).

Change of mind returns will only be accepted if goods are in original condition, unopened and within 10 days of purchase. At the sole discretion of Beyond the Box, change of mind returns may be offered on opened goods and in this circumstance, the Customer may be charged a restocking fee (being not less than 10% of the invoice price of the Goods).

Warranty

All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer. On discovery of any defect in the Goods, the Customer must immediately notify Beyond the Box in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of Beyond the Box to do so. The Customer expressly acknowledges and agrees that it has not relied upon, and Beyond the Box is not liable for any advice given by its employees, agents or representatives in relation to the suitability for any purpose of the Goods.

Limited Liability

These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974. Beyond the Box is not subject to, and the Customer releases Beyond the Box from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods.
If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between Beyond the Box and the Customer then, to the extent to which Beyond the Box is entitled to do so, Beyond the Box’s liability under the statutory provisions is limited, at Beyond the Box’s option, to:
• replacement or repair of the Goods or the supply of equivalent Goods; or
• payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods;
and in either case, Beyond the Box will not be liable for any consequential loss or damage or other direct or indirect loss or damage.

Contract, Severability & Governing Law

The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there. If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected. These Terms and the Contract shall be governed by the laws of Victoria and the parties submit to the courts of Victoria in respect of any dispute arising.

Additional Terms

Due to licensing agreements, opened or activated software is non returnable. Due to Health Regulations all earphones are sold on a non-return basis.