Terms of Service

Last updated: November 21, 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and BHP Technology Pty Ltd (ABN: 42 655 824 150) ("BHP Technology", "we", "our", or "us") governing your access to and use of our website, products, and services.

By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

2. Business Relationship

BHP Technology provides hardware distribution services exclusively to business customers, including but not limited to:

  • Government agencies and departments
  • Educational institutions
  • System integrators and resellers
  • Enterprise organizations
  • Data center operators

3. Account Registration

To purchase products or services, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activities under your account

4. Orders and Pricing

4.1 Quotations

All quotations are valid for the period specified and are subject to availability. Prices are quoted in Australian Dollars (AUD) and exclude GST unless otherwise stated.

4.2 Order Acceptance

We reserve the right to accept or decline any order at our discretion. Order confirmation does not guarantee product availability. We will notify you if products are unavailable or if there are delays.

4.3 Pricing Changes

Prices are subject to change without notice. We reserve the right to adjust prices due to currency fluctuations, supplier price changes, or market conditions.

5. Payment Terms

Payment terms are established on a per-customer basis and may include:

  • Payment in advance
  • Net 30 days (subject to credit approval)
  • Other terms as mutually agreed

Late payments may incur interest charges at the rate permitted by law. We reserve the right to suspend services for overdue accounts.

6. Delivery and Risk

6.1 Delivery

Delivery timeframes are estimates only and are not guaranteed. We will make reasonable efforts to meet estimated delivery dates but are not liable for delays caused by circumstances beyond our control.

6.2 Risk Transfer

Risk in goods passes to you upon delivery. You are responsible for inspecting goods upon receipt and notifying us of any damage or discrepancies within 48 hours.

6.3 Title

Title to goods remains with BHP Technology until full payment is received, notwithstanding delivery.

7. Warranties and Returns

7.1 Manufacturer Warranties

Products are covered by manufacturer warranties. We will assist with warranty claims but make no additional warranties beyond those provided by manufacturers.

7.2 Returns Policy

Returns are subject to our Returns Policy and may be accepted only:

  • Within 14 days of delivery
  • For unopened, unused products in original packaging
  • With prior authorization from BHP Technology
  • Subject to a restocking fee (typically 15-20%)

8. Limitation of Liability

To the maximum extent permitted by law:

  • We are not liable for indirect, incidental, or consequential damages
  • Our total liability is limited to the amount paid for the specific product or service
  • We are not liable for delays, failures, or damages caused by circumstances beyond our reasonable control

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.

9. Intellectual Property

All content on our website, including text, graphics, logos, and software, is the property of BHP Technology or our licensors and is protected by Australian and international intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

10. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of business, including pricing, technical specifications, and business strategies.

11. Compliance and Export Controls

You agree to comply with all applicable Australian laws and regulations, including:

  • Export control regulations
  • Trade sanctions and embargoes
  • Anti-bribery and corruption laws
  • Data protection and privacy laws

12. Termination

We may suspend or terminate your access to our services at any time for:

  • Breach of these Terms
  • Non-payment of amounts due
  • Fraudulent or illegal activity
  • Any reason at our sole discretion

13. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of New South Wales.

14. Amendments

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of our services after changes constitutes acceptance of the modified Terms.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16. Contact Information

For questions regarding these Terms of Service, please contact us:

BHP Technology Pty Ltd

ABN: 42 655 824 150

Address: 2-8 McPherson St, Banksmeadow NSW 2019

Email: sales@bhptechnolog.com.au

Phone: 0403 359 121