Dell Australia and Next Technologies have partnered to create bundles to suit the unique needs of the Not For Profit sector.
Click to register for access to pricing and free evaluation devices
Dell Australia and Next Technologies have partnered to create bundles to suit the unique needs of the Not For Profit sector.
Click to register for access to pricing and free evaluation devices
For modern schools, the use of technology has become a significant factor in providing quality education. Today’s students have access to greater opportunities, new content delivery and exciting teaching methods. For The Anglican Schools Corporation (TASC), a community of 17 schools supporting 14,000 students, appropriate access to technology is a key part of the education service.
When Chief Technology Officer Rohan Smith joined TASC in 2014, he quickly realised that each school within the organisation was purchasing devices such as desktops and laptops via their own processes.
‘It was fragmented and decentralised, and the challenge was that the group needed to orchestrate procurement on a large scale, but I was too busy focusing on running the IT department,’ said Rohan.
There were no established standards across the group, with each school negotiating different agreements with different vendors and resellers. Rohan saw an opportunity to establish collective purchasing at a group level, so that each school could benefit from the buying power at scale. Time, though, was an issue.
‘When you’re the CTO of a large organisation, you have to focus on the entire IT operation, and procurement is one small part of that picture – but it is a time-consuming and integral one,’ said Rohan.
Two of the schools in the TASC group had already engaged Next Technologies directly, and when Rohan began investigating the opportunities for pricing agreements, he established that they would go far beyond the service levels that a normal technology reseller would provide.
‘Next Technologies would run tenders and engage in negotiations with HP, Dell, Lenovo and other vendors on our behalf. So, we’re only dealing with one contact.’
TASC and Next Technologies worked with key vendors, such as HP, to establish an open book contract relationship under their Transact Open service. The contract offered a low fixed margin for all transactions with the schools within the group. Whether making a large purchase of 600 laptops or simply replacing a single laptop, the margin remained the same.
Next Technologies works with each of the schools, gathering their unique requirements and seeking the best group pricing from vendors. Where necessary, that means running the tender process on behalf of TASC. Having experienced procurement specialists conducting negotiations on the schools’ behalf is all part of the service, and knowing their way round the complex vendor landscape gives a real head-start.
Using Next Technologies’ Techflow platform, a TASC group purchasing portal was developed, fully branded and customised without charge. There is an automated approval process to make buying equipment fast and simple for the busy school staff. Rohan’s team can choose from more than 250,000 technology items to add to the portal, from a range of vendors, so no matter the unique needs of each school, they can find exactly what they need, without having to shop around each vendor themselves.
‘All day-to-day needs are managed through the portal, and it is easy for us to manage,’ said Rohan.
Approved staff from each school can simply log in, choose the devices that best suit their needs, and make small or large purchases with the group prices negotiated by Next Technologies. Requisitions are processed through customised approval workflows, making it easier than ever to manage technology purchasing. Reports can be generated to show expenditure by school, department or accounting cost code.
A defining feature of the arrangement is that pricing is entirely transparent. Rohan can see and agree the margins applied to any product in the pricing agreement.
‘When procuring devices yourself with resellers, you never know the margin, whereas in this arrangement you always know the cost break-down,’ said Rohan.
Next Technologies has also developed individual parent purchase portals for many of the schools within the group. TASC can manage which devices are available to parents when provisioning BYOD, so that there is consistency among students. This consistency makes it easier to troubleshoot any problems students may have when operating their machines. It also provides some certainty to parents looking to make the right choice, as the devices have been carefully selected by the school.
For Rohan, a key advantage of the procurement partnership is that Next Technologies does the legwork of seeking requirements from each school. While his team focuses on an IT strategy to benefit the group of schools, Next Technologies has the conversation with staff managing the school’s technology about devices, negotiates with vendors, and reports back.
‘I want one discussion about requirements, not eight, nine or ten,’ said Rohan.
‘I would have had to talk to multiple vendors individually. Now I have one conversation, with an open and transparent procurement process.’
Rohan says the schools have been happy to work as a collective and get the outcomes they are looking for.
‘It’s about maximising choice and control for the school, while leveraging the scale of the group.’
Outsourcing the administration and overhead associated with procurement has proved a wise move for the TASC team. The knowledge of the unique way vendors behave means that what the Next Technologies experts can do quickly would be more time-consuming for the schools involved.
‘You just don’t have that knowledge in schools, it would take hours and hours to do tasks in a novice way – and that doesn’t make sense,’ said Rohan.
The benefit flows on to students. If a fixed budget is allocated to a project, said Rohan, the group procurement process gives stronger bargaining power than before.
‘When the budget goes further, the student gets a better device for the spend. The vendor may provide better functions, such as touch-screen, for the same cost of a lower value machine,’ said Rohan.
‘Ultimately, we are making sure we get the best learning outcomes for students in our schools.’
Next Technologies (Australia) Pty Ltd operates a number of procurement portals, customised for individual customers or groups organisations. These websites and purchasing portals share common terms of service, which are outlined below. While these terms specifically apply to;
They also apply to any individually customised portal operating on the Techflow purchasing platform.
STORAGE AND SECURITY OF YOUR INFORMATION
We receive and store information you enter on our website or give us in any other way from time to time. You may provide basic contact information such as your name, phone number, address, and email address to enable us to send information or process your product order and we may also collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with our customer support.
We may use personal information collected from you for the purpose of providing you with direct marketing material, updates regarding our website and information in the form of a newsletter. This will only apply if you have registered or subscribed to such publications by registering your details with us. However if you wish to cease receiving any such information you may let us know either by email or unsubscribing at any time and your request will be actioned immediately.
Individual profile and company details are not used for any other purpose. Details are only supplied to a third party supplier when it is required by law, for goods or services which you have purchased or to protect our copyright, trademarks and other legal rights.
We respect the privacy of our online visitors. We may collect information on or through this website that can personally identify you. For example, we collect personally identifiable information which you volunteer to us to respond to visitor questions and comments about us and our products and services, and to mail e-newsletters (“Personal Data”).
Any non-personal information, communications and material you send to this website or to us by email, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products.
DISCLOSURE OF YOUR INFORMATION
We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of techflowonline.com.au, parentpurchase.com.au, campusconnect.com.au, nswcouncilconnect.com.au and nexttechnologies.com.au, our customers or third parties.
If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be disclosed to a potential purchaser under a confidentiality agreement. We would only disclose your information in good faith and where required by any of the above circumstances.
We do not and will not sell or deal in personal or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased or to protect the rights, property or safety of techflowonline.com.au, parentpurchase.com.au, campusconnect.com.au, nswcouncilconnect.com.au and nexttechnologies.com.au, our customers or third parties or if required by law.
We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
We strive to ensure the security, integrity and privacy of personal information submitted to our website, and we periodically update our security measures in light of current technologies.
Below can be downloaded as a PDF from Terms
1 Terms of Trade
1.1 These terms of trade set out the contractual basis upon which the Seller will provide goods and/or services to the Buyer.
1.2 Our invoices, quotes, order confirmations, and any online requisitions and approvals, are incorporated into and form a part of these terms.
2.1 “Seller” shall mean Next Technologies (Australia) Pty Ltd (ABN 63 003 209 603) its successors and assigns or any person acting on behalf of and with the authority of Next Technologies (Australia) Pty Ltd.
2.2 “Buyer” shall mean the buyer (or any person acting on behalf of and with the authority of the Buyer) as described on any invoices, quotes, order confirmations, and online requisitions and approvals, or other form as provided by the Seller to the Buyer.
2.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Buyer on a principal debtor basis.
2.4 “Goods” shall mean hardware (information technology equipment) or software (being developed, licensed or third party software) or any other Goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotes, order confirmations and online requisitions and approvals, or any other forms as provided by the Seller to the Buyer.
2.5 “Services” shall mean all Services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
2.6 “Price” shall mean the price payable for the Goods as agreed between the Seller and the Buyer in accordance with clause 6 of this contract.
3 The Competition and Consumer Act 2010 (“ACL”) and Fair Trading Acts (“FTA”)
3.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the ACL or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
4 Application of these terms and conditions to consumers
4.1 Clause 10 (Defects) and clause 11 (Warranty) shall NOT apply to the Buyer where the Buyer is purchasing Goods or Services not for resale or hire where the Price of the Goods or Services does not exceed $40,000, or where the Price of the Goods or Services does exceed $40,000 and are of a kind ordinarily acquired for personal, domestic or household use or consumption, or where the Buyer is in any other way a consumer within the meaning of the ACL or the FTA of the relevant state or territories of Australia.
5 Acceptance & Responsibilities
5.1 Any instructions received by the Seller from the Buyer for the supply of Goods and/or the Buyer’s acceptance of Goods supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.
5.2 Where more than one Buyer has entered into this agreement, the Buyers shall be jointly and severally liable for all responsibilities under these terms including payment of the Price.
5.3 Upon acceptance of these terms and conditions by the Buyer the terms and conditions are binding and can only be amended with the written consent of the Seller.
5.4 The Buyer shall give the Seller not less than fourteen (14) days prior written notice of any proposed change of ownership of the Buyer or any change in the Buyer’s name and/or any other change in the Buyer’s details (including but not limited to, changes in the Buyer’s address, facsimile number, or business practice). The Buyer shall be liable for any loss incurred by the Seller as a result of the Buyer’s failure to comply with this clause.
5.5 It is the Buyer’s responsibility to ensure that all information, (written & verbal) provided to the Seller is complete and accurate. The Buyer acknowledges and agrees that the Seller is relying upon the accuracy of the information provided to them by the Buyer in supplying the Goods and/or Services. The Seller may refuse to provide Goods and/or Services to the Buyer if the Buyer refuses to provide all information requested by the Seller or the Seller discovers that any information provided to them by the Buyer is inaccurate or incomplete.
6 Price And Payment
6.1 At the Seller’s sole discretion the Price shall be either:
(a) the Seller’s quoted Price (subject to clause 6.2) which shall be binding upon the Seller provided that the Buyer shall accept the Seller’s quotation in writing within fourteen (14) days; or
(b) as indicated on invoices provided by the Seller to the Buyer in respect of Goods supplied.
6.2 The Seller reserves the right to change the Price in the event of a variation to the Seller’s quotation or a change in supplier charges, foreign exchange rates or freight costs.
6.3 At the Seller’s sole discretion a deposit may be required.
6.4 Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
6.5 Payment will be made by cheque, or by bank cheque, or by credit card, or by direct credit, or by any other method as agreed to between the Buyer and the Seller.
6.6 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
7 Delivery Of Goods
7.1 At the Seller’s sole discretion delivery of the Goods shall take place when:
(a) the Buyer takes possession of the Goods at the Seller’s address; or
(b) the Buyer takes possession of the Goods at the Buyer’s nominated address (in the event that the Goods are delivered by the Seller or the Seller’s nominated carrier); or
(c) the Buyer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Buyer’s agent.
7.2 At the Seller’s sole discretion the costs of delivery are:
(a) in addition to the Price; or
(b) for the Buyer’s account.
7.3 The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Buyer is unable to take delivery of the Goods as arranged then the Seller shall be entitled to charge a reasonable fee for redelivery.
7.4 Delivery of the Goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of this agreement.
7.5 The Seller may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
7.6 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
7.7 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all due to circumstances beyond the control of the Seller.
8 Repair Notice
8.1 The Seller may, in the course of providing the Services to the Buyer, repair goods which are capable of retaining user-generated data. The repair of such goods may result in loss of the data.
8.2 It is the Buyer’s responsibility to ensure that any such data stored on goods to be repaired by the Seller (or via a service provider organised by the Seller) is adequately backed up in accordance with clause 8.1 above, before the Seller conducts any repairs.
8.3 Goods presented by the Buyer to the Seller for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
9.1 If the Seller retains ownership of the Goods nonetheless, all risk for the Goods passes to the Buyer on delivery.
9.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Buyer, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.
9.3 The Seller shall not be held liable for any loss or corruption of files (including, but not limited to, software programmes) resulting from servicing or repairs being undertaken on the Goods. It is the sole responsibility of the Buyer to back-up any data which they believe to be important, valuable or irreplaceable prior to bringing in any Goods for servicing or repairs.
10.1 The Buyer shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Buyer believes the Goods are defective in any way. If the Buyer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Seller has agreed in writing that the Buyer is entitled to reject, the Seller’s liability is limited to either (at the Seller’s discretion) replacing the Goods or repairing the Goods.
10.2 Goods will not be accepted for return other than in accordance with 10.1 above.
11.1 The Seller warrants that all goods sold are free from defects in materials and workmanship as at the date of dispatch by the Seller. To the extent permissible by law, the Seller excludes all representations or warranties not expressly set out in these terms.
11.2 To the extent permissible by law, the Seller’s liability for breach of any warranty set out in these terms or any warranty which the Seller is not entitled to exclude is limited to, at the option of The Seller the:
(a) replacement of the goods, or
(b) refund of the cost of the relevant goods.
11.3 You may exercise your rights under this clause by notifying the Seller in writing at G03, 25 Solent Cct, Baulkham Hills NSW 2153 AUSTRALIA.
11.4 The benefits provided to you by the warranties contained in this clause are in addition to other rights and remedies available to you under the law.
11.5 The Seller’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure or for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
11.6 You acknowledge and agree that the Seller has made no warranty or representation that the goods are suitable for any purpose or application.
11.7 Subject to the conditions of warranty set out in this clause the Seller warrants that if any defect in any workmanship of the Seller becomes apparent and is reported to the Seller within thirty (30) days of the date of delivery (time being of the essence) then the Seller will either (at the Seller’s sole discretion) replace or remedy the workmanship.
11.8 The conditions applicable to the warranty given by clause 11.7 are:
(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of the Buyer to properly maintain any Goods; or
(ii) failure on the part of the Buyer to follow any instructions or guidelines provided by the Seller; or
(iii) any use of any Goods otherwise than for any application specified on a quote or order form; or
(iv) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) fair wear and tear, any accident or act of God.
(b) the warranty shall cease and the Seller shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Seller’s consent.
(c) in respect of all claims the Seller shall not be liable to compensate the Buyer for any delay in either replacing or remedying the workmanship or in properly assessing the Buyer’s claim.
11.9 For Goods not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
12 Intellectual Property
12.1 Where the Seller has designed, drawn or written Goods for the Buyer, then the copyright in those designs and drawings and documents shall remain vested in the Seller, and shall only be used by the Buyer at the Seller’s discretion.
12.2 The Buyer warrants that all designs or instructions to the Seller will not cause the Seller to infringe any patent, registered design or trademark in the execution of the Buyer’s order and the Buyer agrees to indemnify the Seller against any action taken by a third party against the Seller in respect of any such infringement.
12.3 Where the Seller has provided computer software and documentation, the Seller retains ownership of the computer software and documentation (including source codes), but grants a licence to the Buyer for use of the computer software and documentation. The Buyer will use any third-party software supplied by the Seller, and identified as such, strictly in terms of the licence under which it is supplied.
13 Default & Consequences of Default
13.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
13.2 If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all costs and disbursements incurred by the Seller in pursuing the debt including legal costs on a solicitor and own client basis and the Seller’s collection agency costs.
13.3 Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller has exercised its rights under this clause.
13.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
13.5 Without prejudice to the Seller’s other remedies at law the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unfulfilled and all amounts owing to the Seller shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to the Seller becomes overdue, or in the Seller’s opinion the Buyer will be unable to meet its payments as they fall due; or
(b) the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer.
14 Cancellation & Termination
14.1 The Seller may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Buyer. On giving such notice the Seller shall repay to the Buyer any sums paid in respect of the Price. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.
14.2 For Goods held in our warehouse, in the event that the Buyer wishes to cancel an order they have placed the Buyer shall be liable for a cancellation fee of twenty five (25%) of the price quoted to the Buyer for the Goods so cancelled.
14.3 For goods that have shipped directly from a third party supplier the Buyer cannot cancel the order once it has been placed. However, once the Goods are received by the Buyer the Seller will use their best endeavours to assist the Buyer to facilitate a return of unopened, unused or un-configured goods. The Seller provides no guarantee that a return or refund will be possible. Any request for assistance in returning such Goods must be notified to the Seller within 7 days of receipt of the Goods.
14.4 No returns are possible for customised Goods or Goods configured to the Buyers specifications.
14.5 In the event that the Seller’s invoice, quote or order confirmation requires a deposit on the quoted amount for the provision of the Goods to be paid prior to filling the order, if the delivery of the Good is subsequently cancelled by the Buyer after the deposit has been paid they forfeit the deposit paid to the Seller. The deposit retained by the Buyer under this clause will include and incorporate the cancellation fee set out at clause 14.2 above.
14.6 Either party may terminate the contract upon the provision of fourteen (14) days written notice.
15 Privacy Act 1988
15.1 The Buyer and/or the Guarantor/s agree for the Seller to obtain from a credit reporting agency a credit report containing personal credit information about the Buyer and Guarantor/s in relation to credit provided by the Seller.
15.2 The Buyer and/or the Guarantor/s agree that the Seller may exchange information about the Buyer and the Guarantor/s with those credit providers either named as trade referees by the Buyer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by Buyer; and/or
(b) to notify other credit providers of a default by the Buyer; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Buyer is in default with other credit providers; and/or
(d) to assess the credit worthiness of Buyer and/or Guarantor/s.
15.3 The Buyer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
15.4 The Buyer agrees that personal credit information provided may be used and retained by the Seller for the following purposes and for other purposes as shall be agreed between the Buyer and Seller or required by law from time to time:
(a) provision of Goods; and/or
(b) marketing of Goods by the Seller, its agents or distributors in relation to the Goods; and/or
(c) analysing, verifying and/or checking the Buyer’s credit, payment and/or status in relation to provision of Goods; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Buyer; and/or
(e) enabling the daily operation of Buyer’s account and/or the collection of amounts outstanding in the Buyer’s account in relation to the Goods.
15.5 The Seller may give information about the Buyer to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Buyer; and/or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Buyer.
16 Unpaid Seller’s Rights
16.1 Where the Buyer has left any item with the Seller for repair, modification, exchange or for the Seller to perform any other Service in relation to the item and the Seller has not received or been tendered the whole of the Price, or the payment has been dishonoured, the Seller shall have:
(a) a lien on the item;
(b) the right to retain the item for the Price while the Seller is in possession of the item;
(c) a right to sell the item.
16.2 The lien of the Seller shall continue despite the commencement of proceedings, or judgment for the Price having been obtained.
17.1 The Seller and Buyer agree that ownership of the Goods shall not pass until:
(a) the Buyer has paid the Seller all amounts owing for the particular Goods; and
(b) the Buyer has met all other obligations due by the Buyer to the Seller in respect of all contracts between the Seller and the Buyer.
17.2 Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Seller’s ownership or rights in respect of the Goods shall continue.
17.3 It is further agreed that:
(a) where practicable the Goods shall be kept separate and identifiable until the Seller shall have received payment and all other obligations of the Buyer are met; and
(b) until such time as ownership of the Goods shall pass from the Seller to the Buyer the Seller may give notice in writing to the Buyer to return the Goods or any of them to the Seller. Upon such notice the rights of the Buyer to obtain ownership or any other interest in the Goods shall cease; and
(c) the Seller shall have the right of stopping the Goods in transit whether or not delivery has been made; and
(d) if the Buyer fails to return the Goods to the Seller then the Seller or the Seller’s agent may enter upon and into land and premises owned, occupied or used by the Buyer, or any premises as the invitee of the Buyer, where the Goods are situated and take possession of the Goods; and
(e) the Buyer is only a bailee of the Goods and until such time as the Seller has received payment in full for the Goods then the Buyer shall hold any proceeds from the sale or disposal of the Goods on trust for the Seller; and
(f) the Buyer shall not deal with the money of the Seller in any way which may be adverse to the Seller; and
(g) the Buyer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Seller; and
(h) the Seller can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Buyer; and
(i) until such time that ownership in the Goods passes to the Buyer, if the Goods are converted into other products, the parties agree that the Seller will be the owner of the end products.
18 Security And Charge
18.1 Despite anything to the contrary contained herein or any other rights which the Seller may have howsoever:
(a) where the Buyer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Buyer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Seller or the Seller’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Buyer and/or the Guarantor acknowledge and agree that the Seller (or the Seller’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) should the Seller elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Buyer and/or Guarantor shall indemnify the Seller from and against all the Seller’s costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Buyer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Seller or the Seller’s nominee as the Buyer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.
19 Personal Property Securities Act 2009 (PPSA)
19.1 The Buyer agrees and acknowledge that these Conditions:
(a) constitute a security agreement for the purposes of the PPSA; and
(b) create a security interest in all goods previously supplied to the Buyer by the Seller (if any) and all goods that will be supplied to the Buyer in the future by the Seller.
19.2 The Buyer undertakes to:
(a) promptly sign any further documents and/or provide any further information which the Seller may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in the statement referred to in this clause.(iv) indemnify and upon demand reimburse, the Seller for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any goods charged thereby;
(v) not register a financing change statement in respect of a security interest without the prior written consent of the Seller;
(vi) not register, or permit to be registered, a financing statement or a financing change statement in relation to the goods in favour of a third party without the prior written consent of the Seller;
(vii) immediately advise the Seller of any material change in its business practices of selling the goods which would result in a change in the nature of proceeds derived from such sales; and
(viii) immediately advise the Seller of any proposed change in the Buyer’s name and/or any other changes in the Buyer’s details.
19.3 The Buyer agrees that sections 96, 115 & 125 of the PPSA do not apply to the security agreement created by these Conditions.
19.4 The Buyer hereby waives the Buyer’s rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) & 132(4) of the PPSA.
19.5 The Buyer waives your rights as a grantor and/or a debt or under sections 142 & 143 of the PPSA.
19.6 Unless otherwise agreed to in writing by the Seller, the Buyer waives the Buyer’s right to receive a verification statement in accordance with section 157 of the PPSA.
19.7 The Buyer must unconditionally ratify any actions taken by the Seller under this clause.
20 Limitation of liability
20.1 Except as expressly provided in these Conditions, to the maximum extent permitted by law the Seller shall not be liable to the Buyer by way of indemnity or by reason of any breach of these Conditions or any statutory duty or any common law duty for any direct, punitive, exemplary, special, indirect or consequential loss or damages suffered by the Buyer.
20.2 The Buyer indemnifies the Seller against all claims, losses, costs, suits or expenses for damage to property or injury to or death of any person arising from the goods or their use or application.
20.3 This clause does not exclude or modify any condition or warranty implied into the contract or these terms of sale by any law (including the Competition and Consumer Act, 2010 (Cth)) where to do so would contravene that law or cause any part of this clause to be void.
20.4 To the maximum extent permitted by law, the Seller excludes all conditions and warranties implied into these terms of sale and limit its liability for breach of any non-excludable condition and warranty, at the Seller’s option, to:
(a) in respect of Goods:
(i) repairing the relevant Goods;
(ii) paying the cost of having the relevant Goods repaired;
(iii) request the return of the Goods and tender to the Buyer the purchase price paid by the Buyer; or
(iv) resupplying the relevant Goods or equivalent Goods;
(b) in respect of Services, resupplying the relevant Services.
20.5 The Seller’s total liability under any contract and these terms of sale shall not exceed the total dollar amount of the Goods and/or Services purchased by the Buyer under the contract.
20.6 The Parties agree that if any limitation or exclusion of liability under these terms of sale is held to be invalid under any applicable statute or rule of law, it will to that extent be omitted.
21.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
21.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
21.3 The Buyer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Buyer by the Seller.
21.4 The Seller may license or sub-contract all or any part of its rights and obligations without the Buyer’s consent.
21.5 The Buyer agrees that the Seller may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Seller notifies the Buyer of such change.
21.6 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
21.7 The failure by the Seller to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Seller’s right to subsequently enforce that provision.
Sometimes, it is the small jobs that add up to swallow a big chunk of IT time. If your team gets to the end of the day and wonders where the time went, chances are they were doing something involving procurement.
Time-Poor and Over-Skilled
That’s all very well if you have generous staffing levels – but who does nowadays? As organisations tackle the bigger issues like digital transformation, IT staff are busier than ever. Realistically, when you’re working on high-level plans, the last thing you need is for your team’s time to be sucked into preparing and providing devices like laptops. Besides, negotiating prices and dealing with procurement admin is hardly getting the best from those heard-earned technical qualifications.
Because of that busy environment, there is little chance to stop and assess procurement. It can be a fascinating part of our work; we get to be there when IT leaders draw breath for long enough to find out just how much time and energy their team spends on a task they are typically over-qualified for, and how much overspend is happening when they have little capacity to negotiate pricing.
How Much Time Can a Procurement Framework Save?
Sometimes it is half a day a week, others it may be equivalent to a full-time job. Our assessments can be a real eye-opener. It isn’t just resource time that comes to light either – the more overloaded the IT team, the more likely we are to help them identify overspend and inconsistencies, where multiple staff solve requirements as quickly as they can before getting back to those high-level tasks.
The benefits of handing over procurement management are quickly felt, which makes it ideal for the busiest IT departments. It is important – after all, users are more productive if they have the right tools – but it is not seen as a strategic function.
How Does Transforming Your Procurement Framework Help?
While there are different options available, getting help with transforming procurement usually involves a relatively small time investment. Our customers use our Transact processes, effortlessly negotiating best prices with Australia’s leading manufacturers such as HP. We support long-term customer relationships with a transparent, open book pricing strategy – it makes sense to let customers see that they are getting consistently competitive pricing, and a single point of procurement without margin creep over time.
Once we have secured the best possible pricing through open book pricing, we work with you to create a catalogue of standards, ranging from equipment bundles and laptops to state-of-the-art point of sale (POS) equipment –pretty much anything that your organisation frequently buys. Using our Techflow portal, you may set additional purchasing rules and workflows, in effect getting to design your own procurement workflows. In fact, you design your own processes to reflect or improve on your existing internal practices, but without having to do the leg-work every time a user needs a new desktop.
The procurement story doesn’t end at the acquisition stage. Typically, when a machine – let’s say a new HP laptop – arrives, it goes through several administrative processes, and someone in the IT team finds time to set up an image, asset tag it, and box it back up, ready to go to the user.
It is another of those tasks that is usually done by over-qualified, time-poor IT staff – but it doesn’t need to be. When we recognised the time drain our customers potentially faced in this stage of acquisition, we developed our Zerotouch services. For a very low price per machine, we handle imaging and asset tagging processes in our Melbourne facility, sending the device straight to the end user, domain joined, asset tagged and complete with end user instructions to get them working straight away. As the IT department must increasingly commit to service levels to deliver assets to the rest of the organisation, IT managers are telling us that having a contracted time and delivery schedule takes away much of the stress.
How does that work in the real world? Of course, it will vary according to industry, and a consulting firm may choose different rules than a non-profit or a retail franchise organisation. Let’s say you’re at a school, and you want parents to purchase from a pre-approved list of devices that are part of your BYOD program. You might, for example, add the new HP EliteBook 1030 x360 laptop to your catalogue. We give you a link that parents can use to order the machine for themselves, through a portal with your own school or diocese branding. We field any queries, guide them through the procurement process, and even provide the machines fully configured and ready to go, within a few days.
Technology is increasingly a selling point in schools, with security, pricing and quality the key considerations for parents. Each of the parents, even in multiple schools, get access to the same group pricing deal. They get better machines for their spend. Meanwhile, you can ensure that all laptops are chosen with consistent operating system and configuration, reducing support time in the school. You can choose the same or separate equipment for teaching and administration staff, with separate rules for configuration as needed.
The Time Advantage
The outcome for many organisations has been profound. We hear most often about the resulting time saving and consistent cost saving achieved through open book pricing.
Maintaining and controlling equipment standards and purchasing processes is difficult for a busy IT department, and having those elements provided as a service results in efficiency gains that benefit the entire organisation. With deployment from purchase to end-user delivery often reduced from 3-4 weeks down to 2-4 days, the IT department becomes more responsive, and provides a better service, while skilled resources can deliver greater value on other projects. Whatever kind of organisation you’re in, that recovered time is inevitably the best return.
If you want time to tackle the apps, services and automation that help your organisation get ahead, our Procurement Transformation Framework may give you that opportunity. To try our free procurement assessment, contact the Next Technologies team.
There are moments in meetings that just stick in my mind, and this was one of them. A customer’s IT leadership team was talking about procurement challenges – some familiar, and some unique to their organisation. The IT manager clearly had something particular on his mind, and I wondered what it was, and how I could help.
We discussed the benefits of having procurement managed as a service, of how the IT team was thrust into negotiating terms with vendors, of how margins with their partner tended to creep after that first deal, and how processes had become more complex and impractical. Still, though, I could tell there was something more. Then one of the IT team – let’s call him Phil – popped his head round the door to ask for sign-off on some laptops for the marketing department.
A Productivity Drain
The IT manager looked uncomfortable. It was, he said, wonderful to increase purchasing efficiency and gain access to consistently low margins from vendors, but the story didn’t end there. Receiving machines and preparing them for users was still necessary – but it was taking a lot of Phil’s time. At a level 2 tech salary of around $90,000 per year, the IT manager would prefer Phil to be doing something else.
Phil emphatically agreed. After working hard to get the right qualifications and some solid experience, he was itching to spend more time on a project to improve productivity in the customer service department. Phil was clearly busy, but I asked him about the process he was following.
A group of ten HP desktops had just arrived after a three week wait. Phil was about to collect them from the warehouse, then carry them up to his third-floor desk. He was hoping the trolley would be available, so he could do it in fewer journeys. When he got the machines to the IT department, he would unbox each and switch on, then set up a standard operating environment (SOE) on each. Given the available space, he could do four at a time – an improvement, he said, on his previous job, where this was done in pairs.
It would, said Phil, take an average of around two to three hours per device to set up the desktops. He would then have to asset tag each one, and then box them back up. Because the users were in branch offices, Phil would have to take the boxes back to the warehouse, and work with the staff there to get each box sent to the right location. Once delivered, he would then guide users in the branch offices through any set-up concerns.
Doing the Math
When we added together Phil’s box-moving, unpacking, set-up, re-packing, more box-moving, and discussions with the warehouse, plus user support for set-up, it took him close to 40 hours to complete the process. The users, meanwhile, got operational machines after almost four weeks from when they ordered them. The rest of the team looked at Phil with a mix of sympathy every time he left to go and carry boxes. They were short on IT resources, and all this time, they had a skilled person carrying boxes.
I introduced the group to our Zerotouch service, where we do every step of Phil’s process for a nominal fee per machine, and they didn’t take long to do the math. Put together with our Techflow portal service, with agreed standard equipment and bundles available through a portal branded for their own organisation, users are receiving fully set-up equipment in days. All without Phil having to do a thing.
Better Use of IT Resources
Phil turned out to be a hidden gem. Freed from procurement duties and box carrying, he set about a series of productivity projects with gusto. All those visits to the warehouse did come in handy, though – he’s been working on transforming shipping processes to improve customer satisfaction.
Visits with other customers made me realise that there are a lot of Phils out there. In fact, almost every organisation is holding their own Phil hostage in a web of procurement and deployment duties that he’s over-qualified to do. There is a real satisfaction to knowing that our as a service models can have a ripple effect that empowers our customers to do more. We are providing an alternative that works.
Time to free your own department and meet service levels on procurement without tying up skilled resources? Request an assessment from our Zerotouch team today.