terms and conditions

1. Acceptance of Quote

Acceptance of the quote will constitute acceptance of Atomix Design Pty Ltd Terms and Conditions.  The customer warrants that the persons’ signatures appearing on this agreement are duly authorised by the Customer to execute this agreement.

2. Payment Terms:

33% of quoted works is payable upon acceptance of the quote.  Hardware will be invoiced upon delivery with payment terms of 30 days from invoice.  Installation and design work will be invoiced upon completion of works with payment terms of 30 days from invoice.  The following conditions apply:

1. All accounts are to be settled in full by the due date.
2. Should the customer default in the payment of any monies due under this agreement, then all monies due to Atomix Design Pty Ltd will become due and payable within seven days of the date of demand.  Atomix Design shall be entitled to charge interest on all amounts not paid by the due date for payment and the Customer undertakes to pay any interest so charged.  Interest will be charged on a daily basis from the due date of payment at 1.5% per month.

3. Delay

Atomix will not be liable for any failure or delay in the delivery of goods or services in relation to our quote.

4. Intellectual Property

Any material whatsoever which may be subject to any form of trademark or copyright that is displayed as part of the website is to be supplied by the client or related parties who warrant to have obtained all proper consent necessary for use of such material.

5. Title & Risk

1. Risk passes to the Customer upon delivery of the Goods and Services.  The Goods and Services shall remain the property of Atomix Design Pty Ltd until all debts due are paid in full.
2. If the Customer fails to pay the debt owed by the due date for payment, Atomix Design Pty Ltd reserves the right to reclaim possession of the goods.  All costs of such repossession of the Goods by Atomix Design Pty Ltd will be payable by the Customer.
3. The Customer shall indemnify the Atomix Design Pty Ltd against any loss or expense arising from the Customer breaching our contract.

6. Indemnity & Qualifications

The Customer agrees that no claim shall be made against Atomix Design Pty Ltd and any of its directors, officers, partners, employees or agents (‘Indemnified Persons”) to recover any loss or damage which the customer or its associates may suffer by reason of or arising out of anything done or omitted in relation to the provision of the goods and/or services described in our quote.

The Customer must indemnify and keep indemnified Atomix Design Pty Ltd and the Indemnified Persons in respect of any claim, action, damage, loss, liability, cost, charge, expense or payment however arising (“Loss) made or brought against, or paid, suffered, incurred by any Indemnified Person as a result of or in connections with, directly or indirectly, the provision of goods or services, described in our quote, including without limitation legal costs on a full indemnity basis.

The maximum amount for which Atomix Design Pty Ltd or the Indemnified Persons will be liable in respect of Loss made or brought against, or paid, suffered incurred by the Customer or related party as a result of or in connection with our quotes, are the total fees paid to Atomix Design Pty Ltd in relation to this engagement.

The remedies contained in this clause are without prejudice to and in addition to any warranties, indemnities, remedies or other rights provided by law, statute and/or under any other provision of our quotes for the benefit of Atomix Design Pty Ltd,