| Lennox Computer |
| Software Design Installation & Support |
| Unit 8, 121 Newmarket Road WINDSOR, QLD 4030 Phone: 07 3857 5588, Fax: 07 3857 6100 http://www.lennox.com.au eMail: sales@lennox.com.au |
| LILAC is supplied in binary executable form on a licence to use basis. LENNOX COMPUTER reserves all copyright rights to the source language text of the software. |
| The purchaser agrees to use the software on single computer system only, or where a network version is purchased to restrict the use of the software to a single network of computers. The purchaser is entitled to sell his/her licence to the software to another party only if a similar condition to this is imposed on that party. |
| The purchase price includes provision for the installation of the software on a computer system or a computer network installed at the customer's premises. In the event that the installation work must be repeated due to malfunction or reconfiguration of hardware not supplied by LENNOX COMPUTER, then labour associated with the second and subsequent installations will attract additional charges. |
| The purchase price includes provision for the training of a single operator or group of operators. In the event that some or all of the training must be repeated due to staff changes within the purchaser's organisation, or for any other cause not within the control of LENNOX COMPUTER, then labour associated with any further training will attract additional charges. |
| The purchaser agrees that the staff nominated for training as operators for the LILAC system shall: (a) possess reasonable intelligence, (b) possess a reasonable knowledge and understanding of basic book-keeping, (c) read write and speak the English language with a fluency approaching that of a native speaker of English. |
| The purchase price includes the rights to free software support services as defined in LENNOX COMPUTER's software support terms & condition leaflet, for a period commencing on the date of the invoice from LENNOX COMPUTER for the supply of the software until 30 days have elapsed. |
| The software is guarantied to be free of defects i.e. errors in programming, and any labour associated with the correction of any defects encountered will be provided at no additional charge during the currency of the software support service and any extension thereto. LENNOX COMPUTER is not liable for any consequential costs of any sort incurred by the purchaser or any other party as a result of the operation of the software except only and limited to the extent required by specific relevant state or federal legislation. |
| During the currency of the software support service and any extension thereto, the purchaser will enjoy rights to any newer, improved and extended versions of the LILAC package, similar to the rights enjoyed originally, and to have new versions installed on the purchaser's computer system(s) at no additional charge, provided only that no more than four such installations are required in any twelve month period. |
| All goods and services provided under these terms and conditions will be provided by LENNOX COMPUTER 'Free on Board' at LENNOX COMPUTER's Brisbane Head Office except as stated in (3) and (4) above. |
| Where the purchasers' premises are located outside the Brisbane metropolitan area, the purchaser shall pay for travel and accommodation expenses associated with the installation, training and support of the hardware and software in addition to the purchase price. |
| The purchaser shall nominate an individual staff member who shall be given responsibility for the supervision of the operation of the LILAC software, including the supervision of all other operators, and the coordination of communications with LENNOX COMPUTER on behalf of all members of the purchaser's organisation. The person so nominated will be a full-time employee or working shareholder or director of the purchaser’s business. |
| The scheduling of activities associated with installation, training and support of hardware and software shall be at LENNOX COMPUTER’s absolute discretion. In the event of problems without the control of Lennox Computer related to staffing, equipment faults, communications problems any service may be postponed, delayed, rescheduled or cancelled as appropriate. |
| Where equipment is supplied by LENNOX COMPUTER in conjunction with the LILAC software package, LENNOX COMPUTER will take responsibility for the rectification of any faults in the hardware during the warranty period of the equipment and any extension thereto. Where equipment has been sourced elsewhere, the purchaser's rights under these terms and conditions will be suspended upon equipment malfunction until such time as the equipment has been adequately repaired. Faults or damage attributable to wear & tear, maladjustments or inappropriate use of the equipment will are not included. |
| The purchaser shall nominate key staff members and instruct them to cooperate with Lennox Computer in the design and testing of any new features required in the software and systems or procedures. The staff members selected will be available as a matter of high priority, for work in cooperation with Lennox Computer. |
| A deposit of 50% of the quoted prices for hardware, software and packaged products is payable at time of order placement. |
| The balance of 50% is payable upon installation at the customers premises, or upon the readiness for shipment from our Brisbane office where installation is not provided, or where the customer is unready for installation. |
| Title to all products, goods and services remains the property of Lennox Computer until all payments have been completed in full. |
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| Payment Terms |