1, Supply of Services and Products. Outcomex Pty Ltd (ABN 73 614 725 736) trading as Outcomex (Outcomex) agrees to supply professional services (Services), support services (Support), and/or goods (Products) to the Customer on these standard Terms and Conditions (Terms). These Terms prevail over any Customer terms and will apply unless a separate contract is signed between the parties referencing this clause.
2. Quotations. Outcomex will provide a quotation for the supply of all Products and Services. Quotations are valid for acceptance for 45 days unless stated otherwise on the quotation.
3. Purchase Orders. Purchase orders for Products or Services constitute an offer by the Customer and must be accepted by Outcomex in writing. Any amendments to purchase orders must be approved by Outcomex in writing.
4. Delivery. Outcomex will use reasonable endeavours to deliver Products or Services to the Customer by the date agreed but will not be liable for any delays in delivery. Freight charges incurred in delivering Products will be invoiced at cost unless quoted otherwise.
5. Risk. Risk of loss, theft, damage, deterioration or destruction of Products passes to the Customer upon the earlier of: (a) delivery to the Customer; (b) the taking of possession by the Customer; and (c) the delivery to any carrier contracted to the Customer for delivery to the Customer.
6. Title. Title in the Products passes to the Customer on payment in full. If the Customer fails to pay any moneys when due, Outcomex may immediately without notice or demand enter upon the Customer’s premises and take possession of the Products. This right is without prejudice to any other rights that Outcomex may have.
7. Acceptance. Unless the Customer gives written notice of non-acceptance within 7 days of the date of delivery of a Product, or where the Customer commercially uses the Product, the Customer is deemed to have accepted the Product.
8. Returns. Returns must be authorised by Outcomex and returned in the same condition as delivered within 14 days of delivery. Outcomex will charge the Customer for any costs incurred Products returned not as per these requirements.
9. Payment. Payment terms are strictly 14 days from the date of invoice unless otherwise agreed in writing.
10. Invoicing. Products will be invoiced on delivery. Support and Maintenance agreements will be invoiced at the commencement of each Support agreement. Services will be invoiced at the end of each month and on completion or as otherwise agreed in writing.
11. Taxes and GST. The amount payable is inclusive of existing taxes, duties and government charges imposed or levied in Australia in connection with the supply of the Products and Services. The Customer is liable for any new or varied taxes, duties or charges imposed. GST is included on any final invoice, itemised in a summary form per prevailing Australian taxation law.
12. Exchange Rate. Quoted prices based on a stated exchange rate will be adjusted on invoicing to take account of any exchange rate fluctuations. Adjustments will be based on the exchange rate quoted by the ANZ Bank at the close of business on the day before the date of invoice.
13. Late Payment. If payment for any undisputed amount is not received by the due date, any discount previously offered by Outcomex to the Customer will be forfeited. Additionally, interest may be applied at a rate of 6.5% per annum, calculated daily for each day the invoice remains overdue, and a $650 administrative fee may be charged.
14. Disputes. If any part of an invoice is disputed you must advise Outcomex in writing within 14 days and the matter will be investigated. All undisputed amounts must be paid and the Customer has no right of set off.
15. Cisco Support Service Levels. Below are the maintenance Service levels and contact details to raise support request.
SMARTnet and Solution Support SLA Codes
(Call Cisco TAC on 1800 805 227 to raise a case)
| SNT | 8x5xNBD Parts Only | CS | 8x5xNBD Parts + Onsite Engineer | |
| SNTE | 8x5x4 Parts Only | C4S | 8x5x4 Parts + Onsite Engineer | |
| SNTP | 24x7x4 Parts Only | OSP | 24x7x4 Parts + Onsite Engineer | |
| S2P | 24x7x2 Parts Only | C2P | 24x7x2 Parts + Onsite Engineer | |
| ECMU | Cisco Software Support Services | SSS2P | SOLN SUPP 24X7X2 | |
| SSC2P | SOLN SUPP 24X7X2OS | SSSNE | SOLN SUPP 8X5X4 | |
| SSC4P | SOLN SUPP 24X7X4OS | SSSNP | SOLN SUPP 24X7X4 | |
| SSC4S | SOLN SUPP 8X5X4OS | SSSNT | SOLN SUPP 8X5XNBD | |
| ECMUS | SOLN SUPP SWSS Software Support Services | |||
Partner Support Services SLA Codes
(Outcomex Managed Services Team | servicedesk@outcomex.com.au | 02 8879 3888)
| PSRT or PSJ1 | 8x5xNBD Parts Only | PSOE or PSJ6 | 8x5x4 Parts + Onsite Engineer |
| PSUE or PSJ2 | 8x5x4 Parts Only | PSOP or PSJ7 | 24x7x4 Parts + Onsite Engineer |
| PSUP or PSJ3 | 24x7x4 Parts Only | PSO2 or PSJ8 | 24x7x2 Parts + Onsite Engineer |
| PU2P or PSJ4 | 24x7x2 Parts Only | PSBU | PSS SWSS Software Support Services |
16. Confidentiality. Outcomex and the Customer agree that they will keep at all times as strictly confidential any confidential information that is disclosed or provided by one party to the other.
17. Intellectual Property. The Customer acknowledges that, unless otherwise agreed in writing, all intellectual property rights attached to the Products or arising out of the provision of Services are and will remain the property of Outcomex or its supplier, where such rights are owned by that supplier. Software will be licensed as per the licence provided with the Product.
18. Third Party Software Agreements. The use, rights and obligations in respect of Third Party Software is governed by the End User License Agreement (EULA) between the Third Party Vendor and the Customer and the Customer agrees to be bound by the terms of the EULA. A EULA may require Outcomex to invoice Customer for variable usage through the course of an agreement, on variable frequency. The Customer accepts the Third Party Software owner’s warranty in relation to the Third Party Software. Outcomex cannot provide any additional warranty in relation to the Third Party Software. Defects in Third Party Software will be rectified in accordance with the relevant software owner’s warranty.
19. No Representations. The Customer acknowledges that Outcomex has not made any warranty or representation, express or implied, in relation to the Products or the Services, including whether they are suitable for a particular purpose (whether such purpose was made known to Outcomex or not), unless provided in writing.
20. Warranty. Unless required by law, Outcomex makes no warranty in relation to the Products or Services other than as contained in these Terms. The warranty for Products is as provided by the Products’ manufacturer. Defects in Services reported to Outcomex within 14 days of delivery of the Service will be rectified by Outcomex at no charge to the Customer.
21. Exclusions to Warranty. Outcomex will not provide claimed warranty services for defects or deficiencies in Products or Services which are caused by: (a) external causes including but not limited to natural disaster, fire, accident, neglect, misuse, vandalism, water, lightning, power surge or spike; (b) the use of a Product for other than its intended purpose; (c) the use with or connection of a Product to items not approved by Outcomex; (d) the performance of maintenance or attempted repair by persons other than Outcomex or as authorised by Outcomex; (e) changes made to the deliverables created by performance of the Services or to the operating environment; (f) the relocation of Products by the Customer; or (g) any configuration or reconfiguration by the Customer of the Products or other equipment with which the Products interface.
22. No Implied Terms. To the fullest extent permitted by law, the parties agree to exclude any terms which would otherwise be implied into these Terms by any statute. If Outcomex is in breach of a condition or warranty implied by the Australian Consumer Law (ACL) then the liability of Outcomex is, to the extent permitted, limited to the repair or replacement of the Products or paying the cost thereof or the resupply of the Services or the cost of doing so.
23. Limitation of Liability. Our cumulative liability for any claim arising in connection with your order is limited to the 100% of the amount of the order, except for claims for personal injury/ death and property damage, which is limited to our insurances. Neither party will be liable for indirect or consequential loss, or loss of revenue, profits, opportunity business, anticipated savings or loss of data. Outcomex excludes all liability for any loss the Customer may incur due to Outcomex, during, or as a result of providing cyber protection consultation, design and services delivery.
24. Termination. Outcomex may terminate an order where the Customer: (a) breaches any of these Terms which is not remedied after notice or not capable of remedy; makes default in any payment; or (b) becomes insolvent.
25. Consequences of Termination. On termination the Customer must pay all monies due. Each party will return any confidential information of the other party.
26. General. Any variation to these Terms must be in writing. Notices must be in writing and sent by mail, hand delivery or emailed. If any of these Terms are for any reason declared to be or become unenforceable, invalid or illegal, the remaining Terms will remain in full force and effect. These Terms are governed by the laws of New South Wales.
Outcomex Terms and Conditions of Trade v1.6
01 August 2025