General Terms and Conditions of Supply

• ‘Contract' means any contract pursuant to which Products and/or Services are supplied or to be supplied by Ethan Global to the Customer and computer software incorporated therein is licensed or to be licensed by Ethan Global for use by the Customer.
• 'Customer' means the person or company to whom Products and/or Services are supplied and includes that company's successors and permitted assigns.
• ‘Ethan Global' means Ethan Global Pty Ltd, the supplier of Products and/or Services to the Customer and includes Ethan Global's successors or assigns.
• ‘Products' means the products supplied by Ethan Global to the Customer pursuant to a Contract and specified on the invoice dispatched by Ethan Global to the Customer.
• ‘Services' means the services supplied by Ethan Global to the Customer pursuant to a Contract, which includes the proposal or statement of work provided to the Customer by Ethan Global and specified on the invoice dispatched by Ethan Global to the Customer. 

• Any Contract between the Customer and Ethan Global shall be upon these terms and conditions and these terms and conditions shall operate to the exclusion of any terms and conditions to the contrary effect expressed in any of the Customer order forms or other documentation and shall supersede all prior and subsequent arrangements, written or oral unless this clause is specifically excluded from any subsequent agreement.
• The continued operation of these terms and conditions shall not be affected by any repudiation of any contract or transaction relating to the Products and/or Services between Ethan Global and the Customer.

• Unless the Customer is an approved account Customer, payment must be made prior to dispatch of Products, either in cash or by bank cheque, or on approval, by company cheque, direct deposit or accepted credit card.  Subject to special arrangements, payment must be made by approved account Customer within agreed terms.
• Should the Customer elect to purchase the Products through lease, the Customer is required to notify Ethan Global in writing and a copy of the approved finance letter must be sent to Ethan Global prior to the dispatch of Products.  Ethan Global may assist in arranging finance for the customer in which case this clause shall have no effect.
• All payment shall be made on or before the due date as a condition precedent to future supplies under the contract pursuant to which the payments are due or under any other Contract.
• Ethan Global reserves the right to charge interest calculated at 2% per month on the balance of the Price due by the Customer but unpaid from the due date until payment is received in full by Ethan Global.
• Ethan Global may at any time and from time to time alter the terms of payment and such altered terms of payment shall apply in respect of all transactions.
• Payment for Services must be made in accordance with the terms outlined in the proposal or statement of work provided to the Customer by Ethan Global.  Payment must be made either in cash or by bank cheque unless otherwise agreed with Ethan Global.

• Ethan Global is registered for the GST system. All quoted prices show the Ethan Global sell price, a Goods and Services Tax of 10% and/or a combined total which defines the invoice price payable.  Ethan Global agrees to issue tax invoices in accordance with relevant legislation or regulations that apply to the GST from time to time.

• In consideration of the payment by the Customer, in addition to the price, of Ethan Global's freight, handling and insurance charge calculated according to Ethan Global current prices, Ethan Global will arrange delivery of Products to the Customer's nominated location within major metropolitan areas of Australian capital cities.
• Delivery times quoted by Ethan Global are estimates only and Ethan Global may extend delivery times.
• Ethan Global may make part delivery of any Products and/or Services ordered by the Customer and any Products and/or Services so delivered shall constitute a separate contract upon these terms and conditions.  As such, an invoice on any Products and/or Services part delivered is due in accordance with the agreed terms of payment.
• Delivery of Products is deemed to take place:  at the time the Customer or a carrier, whether engaged by Ethan Global or the Customer, takes possession of the Products; or within 7 days of notification by Ethan Global to the Customer that the Products are available, whichever first occurs.
• Delivery of Services is deemed to take place on completion of the relevant terms and/or deliverables outlined in the proposal or statement of work provided to the Customer by Ethan Global.

• An order may be cancelled or varied by the Customer only if such cancellation or variation is accepted by Ethan Global in writing and any such cancellation or variation shall only occur on terms which will provide for Ethan Global to be compensated by the Customer against any costs or loss (including but not limited to loss of profit) incurred.

• Prior to full payment of the Price and all other sums owing by the Customer to Ethan Global in relation to any Products, the Customer shall have no right to sell or dispose of any or all of the Products.
• Until payment for the Products has been made by the Customer the Products are only entrusted to the Customer as a fiduciary, and Ethan Global remains the legal and beneficial owner of the Products with full power to resell and regain possession in the event of the Customer's default of payment.  Risk in the Products will remain with the Customer at all times unless Ethan Global retakes possession of the Products in accordance with this clause.
• The Customer acknowledges and agrees that all rights in all copyright, designs, patents and trade marks existing in relation to the Products or Services are reserved to the owner of those right.
• The Customer licenses computer software incorporated within any Products or sold to the Customer for the customer's use only.
• The Customer shall ensure that each part and copy of the computer software licensed for the use of the Customer is kept under conditions of strict security and confidentiality.

• The Customer assumes risk of loss or damage upon delivery of the Products to the Customer or collection of the Products by the Customer or by any agent acting on their behalf.
• Ethan Global will insure Products against such risks that Ethan Global considers appropriate for the transport of the products from Ethan Global's place of business to that of the Customer.

• Products may be returned provided the Customer obtains from Ethan Global a Return Authorisation (RA) Number in advance of returning the Products. 
• Products must be returned complete with all original packaging unmarked within 14 days of supply.  Freight is to be paid by the Customer and Ethan Global accepts no responsibility in respect of returned Products lost or damaged in transit.
• Any loss or damage suffered by Ethan Global howsoever arising as a direct or indirect result of a Customer returning Products must be paid to Ethan Global by the Customer.

• Ethan Global agrees that all warranties as are applicable from time to time will be passed unaltered from the manufacturer of the Products to the Customer.  Ethan Global does not warrant any Products of its own accord and all remedies, repairs or replacement for any Products will be at the ultimate discretion of the manufacturer.

• Ethan Global shall not be responsible for any misinformation provided to it by the Customer or any third party.
• Ethan Global limits its liability for any loss or damages attributable to the provision of its services ("Loss or Damage"), at its option, to the delivery of the relevant services again or payment for the relevant services to be provided again.  Ethan Global limits its liability for any loss or damages attributable to the provision of hardware (“Hardware Loss or Damage”), at its option to the delivery of the relevant Hardware again or payment for the relevant Hardware again.
• In particular, Ethan Global shall not be liable for any direct or consequential Loss or Damage including without limitation, direct or indirect damages for personal injury, loss of business profit, business interruption, loss of business information or any other pecuniary loss arising out of the use of the recommendations and solutions provided under this agreement.
• Further, the Customer agrees that it may only take action against Ethan Global for Loss or Damage, such that if any of: Ethan Global's employees, directors, sub-contractors and agents; its sub-contractors' and agents' employees, directors, sub-contractors and agents; and so on down the line, would be liable as well as Ethan Global for any Loss or Damage, action will not be taken by the Customer against such person or entity.
• The Customer shall indemnify Ethan Global and hold Ethan Global harmless from and against any and all third party claims which may be asserted against or suffered or incurred by Ethan Global that arise during the course of this contract unless such claims result from acts of Ethan Global which constitute serious and wilful misconduct by Ethan Global or are outside Ethan Global's ordinary performance of this contract.
• For the purpose of the indemnity above, Ethan Global includes: Ethan Global Pty Ltd; its employees, directors, sub-contractors and agents; its sub-contractors' and agents' employees, directors, sub-contractors and agents; and so on down the line.

• Ethan Global, its agents, or subcontractors shall not divulge confidential Customer information associated with any Services provided to any third party, without the Customer's consent.  However, Ethan Global shall bear no responsibility for disclosure where such information or data is publicly available, is already in the possession of Ethan Global, known to Ethan Global, or is obtained by Ethan Global from a third party.
• This document should not be distributed to any organisation without the prior written consent of Ethan Global.

• The laws of the State of New South Wales shall govern this Contract.
• This Contract is the entire agreement between the Customer and Ethan Global and no representation or statement not expressly contained in this contract or incorporated herein by reference, shall be binding on either party.