IBM Global Financing Australia Ltd
ABN 27 002 955 571
601 Pacific Highway,
St Leonards NSW 2065
For all your IT financing needs - Hardware, Software and Services
Please read all the applicable terms carefully.
“Relationship Agreement” - is used to refer to the IBM Business Partner Agreements and its attachments, the Agreement for Financing Services from IBM Global Financing, or Supplier Relationship Agreement you may have signed or signed subsequently between you and IBM.
“IBM” shall mean International Business Machines Corporation, its subsidiaries and affiliates.
All capitalized terms not defined herein are defined in your Relationship Agreement.
Terms and Conditions Governing Use of this Application
You agree unconditionally:
1. that a properly executed Relationship Agreement, if applicable, continues in full force and effect.
2. that you are responsible for and certify that the Application User ID and password are being used by the party for which they were intended in accordance with the Rapid Financing entitlement process.
3. that you agree and acknowledge that any information or data you provide shall be true and accurate and IBM shall have no liability or responsibility arising out of or relating to the same.
4. that the availability of and access to draft documents (including without limitation the amounts and rates specified therein) using the Application are intended only to facilitate the possibility of the subsequent entering into of binding contracts on IBM’s standard terms and conditions and shall not (in any way) constitute or be construed as an offer capable of acceptance.
5. that you will use this Application solely for the purposes of obtaining quotations and for facilitating the production of contracts for signature by your customer and IBM. You may generate quotations and draft contracts from the Application only for the purpose of forwarding to your customers. Such documents (including without limitation the charges stated therein) are not intended to become legally binding until fully executed by all the relevant parties.
6. that IBM may, at any time, reject or decline to participate further in any particular opportunity and withdraw from the process should it determine, acting in its absolute discretion, that it does not wish to pursue the opportunity for any reason whatsoever (including, without limitation, if it determines, for any reason, that the particular transaction or type of transactions are not in its best commercial interests).
7. that you may view the information and use it solely for the purpose stated above; however, any other use such as further publication, or other forms of transmission or distribution are not permitted.
8. that IBM is not bound by any prices and quotations displayed on this Application, prior to the full execution of a contract between IBM and the customer. The final decision concerning prices, terms and conditions (including sole control of the financing rates and terms to be offered) will be made by IBM directly.
9. that IBM may amend the prices and financing rates at any time without prior notice.
10. that all quotations and printed contracts are subject to the satisfactory outcome of IBM’s credit check relating to the customer at the relevant time(s). IBM reserves the right to undertake credit checks at any time prior to counter-signature of the contract by IBM.
11. that IBM’s acceptance of the printed contract shall be as stated in the contract between IBM and your customer (which shall not be binding until that time).
12. that you will be able to view all quotations you have submitted. IBM will archive all quotations that have resulted in an executed contract with the customer. IBM will keep a copy of all executed contracts.
13. that IBM shall not be responsible for: (i) any loss of or damage to your records, information or data, and (ii) electronic transmission delays, errors and omissions, and (iii) security of data during transmission via public telecommunications facilities or services.
14. that IBM provides this Application and services “As Is” and disclaims all warranties, express, implied or statutory, with respect to this Application and services. IBM shall have no liability whatsoever in respect of the correctness, accuracy or completeness of any information or data contained or which is input into this Application or the use of the same. Information and data provided by IBM are delivered without warranties of any kind.
15. that you shall not alter or change any contractual document, including but not limited to direct debit authorization, certificate of acceptance, lease or loan agreement, that are produced from the Application.
16. that you will ensure that your customer clearly understands that financing services are being provided directly from us, as lessor or financier, and you will not make any representations, warranties or promises of any type on our behalf to your customer or any other parties, unless specifically authorized by us.
17. to provide us with, or assist us in obtaining, your invoices and invoicing documentation for all items supplied by you and listed on an IBM contract. Invoices must accurately provide product descriptions (including machines serial numbers), client name, invoice number, amount to be financed and payee name and address.
18. to indemnify and hold IBM and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of the terms set forth herein or the documents referenced herein, or your violation of any law or the rights of a third party.
19. to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of IBM’s service on this Application.
These are the complete and exclusive terms and conditions IBM has with you regarding your use of this Application. IBM may modify the terms and conditions above by updating this screen or providing you notice of same. Any modification to the terms and conditions will take effect when you place any subsequent quotations. If you do not agree with any such modification you must immediately terminate your use of this Application.