Terms & Conditions of Sale & Use - MachinesDock Pty Ltd
For the purposes of these Terms:
By accessing or using MachinesDock Services, or by issuing a purchase order, accepting a quotation, or entering into a Statement of Work (SOW), you agree to be legally bound by these Terms. If you do not agree, you must not use our Services. We may update these Terms at any time. Continued use constitutes acceptance of updated Terms.
You must:
We may suspend access where eligibility is violated.
MachinesDock acts as an independent enterprise technology sourcing and lifecycle solutions provider. Product availability, lead times, technical specifications, and warranty coverage remain subject to manufacturer and supplier terms.
In the event of any inconsistency, the following order of precedence shall apply: (1) Approved Statement of Work (SOW), (2) Quotation, (3) These Terms & Conditions, (4) Supplier or manufacturer terms.
You acknowledge:
All orders are subject to acceptance by MachinesDock. We may reject or cancel orders due to: Supplier unavailability, Pricing errors, Credit risk, Regulatory or compliance restrictions, or Supplier allocation limitations.
You acknowledge and agree that:
All pricing is subject to change without notice before order confirmation. Unless otherwise stated, quotations are valid for the period specified in the quotation and may be revised following supplier pricing changes, currency fluctuations, or product availability changes. You acknowledge:
Payments must be made in full as per invoice terms. We may: Perform credit checks, suspend accounts for late payment, charge interest on overdue amounts where applicable, and recover legal or collection costs.
Products shall be deemed accepted upon delivery unless the Client notifies MachinesDock in writing of any material defect, shortage, or transit damage within seven (7) business days of receipt. Failure to notify within this period constitutes complete and irrevocable acceptance of the delivered products.
Unless otherwise expressly stated, all product warranties are provided by the original manufacturer, publisher, or vendor. MachinesDock does not provide additional warranties beyond those supplied by the relevant manufacturer or supplier.
Returns, replacements, warranty claims, and cancellations are subject to applicable manufacturer, supplier, distributor, and contractual policies. All return requests require a written Return Merchandise Authorisation (RMA) approved by MachinesDock compliance. Custom, configured, or special-order items are strictly non-cancellable and non-returnable.
Both parties agree to protect Confidential Information and not disclose it to third parties except as required for business execution or by law. Confidential Information includes all procurement pricing models, custom supplier sources, margins, and sourcing methods. Such information may only be used for purposes directly related to procurement, service delivery, or contractual obligations.
All website content, branding, systems, and documentation remain the property of MachinesDock Pty Ltd or its licensors. No rights are transferred except as expressly permitted.
You agree not to: Provide false or misleading information, misuse procurement systems, attempt unauthorised access, scrape or extract platform data, or engage in fraudulent or illegal activity.
Both parties agree to comply with all applicable local and international laws including: Trade and export regulations, Anti-bribery and corruption laws, and Privacy and data protection laws. The Client acknowledges that certain Products (including cryptographic hardware, enterprise software, and systems) are subject to Australian, US, and international export control regulations and must not be exported or re-exported without valid statutory approvals.
We are not liable for failure or delay caused by events beyond reasonable control including: semiconductor shortages, supplier allocation programs, freight disruptions, cyber incidents, labour disputes, natural disasters, war, sanctions, or government actions, pandemics, and transport or logistics disruptions.
In case of dispute: Written notice must be provided. Parties will attempt resolution in good faith within 30 days. If unresolved, legal action may be initiated in relevant jurisdiction.
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 order. We are not responsible for third-party vendor failures.
You agree to indemnify MachinesDock against any claims arising from: Misuse of services, Breach of these Terms, Violation of third-party rights, or Illegal or unauthorised activities.
We may suspend or terminate access if: Terms are breached, payment obligations are not met, or fraud/misuse is detected. Termination does not affect outstanding payment obligations.
Your use of Services is subject to our Privacy Policy. We may process data necessary for procurement, order fulfilment, and compliance.
These Terms represent the entire agreement. If any clause is invalid, remaining clauses remain enforceable. We may assign rights to affiliates or successors. Nothing in these Terms creates a partnership, joint venture, or agency relationship between the parties.
These Terms are governed by the laws of New South Wales, Australia. All disputes are subject to the jurisdiction of courts in NSW, Australia.