AUSTRALIAN SYSTEMS INTERGRATION PTY. LTD.
TERMS AND CONDITIONS

  1. These terms and conditions of sale (“Terms”) shall apply to and govern all contracts or orders either provided in writing or given verbally for the supply of Goods, Maintenance, Services and Consultancy provided (“Goods”) by the Company (“Australian Systems Intergration Pty. Ltd.”) to the Buyer (“Client” or “Purchaser”). These terms supersede and exclude all terms and conditions imposed or sought to be imposed by the Buyer, whether referred to in the Buyer’s order or otherwise, and the Company’s failure to object to any such terms or conditions of the Buyer shall not be deemed to be a waiver of the provisions of these Terms.
  2. The Buyer acknowledges and agrees that no offer (other than a director) agent or employee of the Company has made or is authorised to make, give or agree to any condition, warranty or representation whatever, verbal or otherwise, on the Company’s behalf in respect of the Goods.
  3. The Buyer in selecting the Goods acknowledges and agrees the he or she has not relied on the Company’s skill, recommendation or judgment or on that of any person by whom negotiations were conducted on the Company’s behalf with the Buyer.

    WARRANTY
  4. All goods supplied to the buyer not including any services supplied by the Company are covered under the respective equipment manufactures warranties of which the duration may vary depending on the goods supplied.
  5. All Installation work carried out by the Company has a one (1) year warranty period providing the installed systems are operated in a professional and proper manor in accordance with the manufactures operational guidelines and as per the design intent.
  6. System fault finding or equipment repair work is covered under warranty for a period of (12) months however. Should a fault reappear resulting from the failure of other components or system or software not previously discovered, new parts and labour charges will apply at the normal Company rates unless agreed to otherwise.
  7. The Company warrants to the Buyer that the Goods supplied are of merchantable quality and comply with all applicable Australian standards pertaining to the Goods. All and or any claims under this warranty must be made in writing and be received by the Company which must be received within the respective timeframe with reference to delivery of the Goods, of which time shall be of the essence.
  8. The Warranty period for goods commence on the date of purchase when the goods are delivered to the Client. The duration of the warranty period may vary between the different manufactures.
  9. If the Company assists the Buyer with any warranty work on behalf of any Goods supplied by either the Company or other third party, all costs incurred by the Company to carry out the warranty work will be passed onto the Buyer plus a 5% handling fee.
  10. Warranties are not transferable to new owners.
  11. This warranty shall be rendered null and void if the:
    (a) goods are damaged due to transportation, fall, weather, extreme temperatures, shock, pests, improper use, mishandling or negligence

    (b) goods are damaged as a result of natural disaster or acts of God, e.g. fire, flood, lightning
    (c) goods are damaged as a result of connection to irregular voltage sources
    (d) goods are installed, maintained, operated or used other than in accordance with the instructions provided in relation to the product
    (e) buyer cannot provide the sales receipt or purchase invoice
    (f) warranty period has expired.
  12. This warranty does not cover:
    (a) labour or installation costs incurred by the Company carrying out any warranty work on behalf of either the Buyer or the Manufacture unless prior agreement in writing between the Company and the Buyer
    (b) any non warranty Goods which the Company provides
    (c) transportation, insurance, delivery and/or incidental costs incurred in both directions. In the event of a fault of a part or product, we require the faulty part or product to be sent back to us. On receipt, we will then examine and test the fault and replace or repair any item deemed to be faulty. The buyer is responsible for all postage costs of returning any faulty item back to us and also be responsible for the postage costs incurred when we send the replacement part back to the buyer
    (d) parts requiring replacement due to normal wear and tear, corrosion, rust or stain
    (e) warranty, guarantee or liability whatsoever for any third party hardware, software or system
    (f) any direct, indirect, incidental or consequential loss or damages whatsoever including without limitation, damages for loss of revenue, business, profits, goodwill or contracts, business interruption, loss of business information, or any other pecuniary loss, costs, expenses or other claims for compensation howsoever arising whether in contract, tort or otherwise) from the use of the Product.

    TERMS
  13. Every care will be taken by the Company, the Buyer appreciates that the distances and risks involved coupled with the size and fragility of any Goods being transported on the Buyers behalf, means that on occasion loss and/or damage to the Goods may occur. The Buyer is therefore strongly recommended to purchase transit insurance cover to ensure that they are duly compensated for any loss or damage which may occur.
  14. The Company is not liable for any loss or damage whilst in the care of the Company either during transportation or whilst repairs are being carried out buy either third parties or place of repair. If transit insurance is not purchased by the Buyer prior to, and the item is lost or damaged, it will be repaired or replaced at the Buyer’s cost.
  15. In the event Goods are damaged or lost, the Company shall not be liable to the Buyer for any direct, indirect, incidental or consequential loss or damages whatsoever including without limitation, damages for loss of revenue, business, profits, goodwill or contracts, business interruption, loss of business information, or any other pecuniary loss, costs, expenses or other claims for compensation howsoever arising whether in contract, tort or otherwise from the use of the Product.
  16. Unless otherwise stated on the quotation or proposal to the Buyer, conditions of payment are:
    (a) thirty percent (30%) of the total quoted price on receipt the Buyers Order to the Company
    (b) sixty percent (60%) of the total quoted price on receipt of equipment delivered to the Buyers Site
    (c) final ten percent (10%) of the total quoted price plus any price variations on delivery of the Goods or on the date the Goods are used commercially.
  17. Prices set out in a quotation or proposal are fixed for a period of 30 days after which from that date, the offer shall be deemed to have been withdrawn.
  18. Terms of payment shall be net cash within 7 days of the date of invoice at the Company’s address set out in the invoice and in this respect time shall be of the essence. The Buyer shall pay interest on any overdue amount at 5% PA above the base lending rate of the National Australia Bank. No negotiable instrument accepted or negotiated shall be regarded as payment except to the extent of the sum actually received by the Company despite the issue of any receipt.
  19. Prices quoted for Goods that are affected by international currency fluctuations may either increase or decrease any previous quotation issued by the Company without notice and shall reflect thoses changes in the final account to be paid by the Client.
  20. Stamp duty, government charges and sales taxes of any kind shall be all passed onto the Buyer for payment in full in addition to the quoted purchase price.
  21. Possession of the Goods shall pass to the Buyer either at the time the Goods are loaded onto a delivery vehicle or delivered to the Buyer. Which ever the case, effective delivery of the Goods to the Buyer shall then be at the Buyer’s risk.
  22. Title to and property of the Goods shall not pass to the Buyer until payment in full of the purchase price and any taxes for the Goods has been received by the Company. If full payment is not made for the Goods on or before the due date the Company shall be entitled to retake possession of the Goods wherever they may be in situate and the Buyer hereby grants the Company an irrevocable license to enter any of the Buyer’s premises in which the Goods are in situate for that purpose. The Company shall be entitled but not obliged to resell any Goods in respect of which it has retaken possession, to retain the proceeds of resale and to recover damages from the Buyer for any loss on resale by public auction, private treaty or otherwise as it considers fit.
  23. The Company reserves the right to make part supply of any order and each part supply shall constitute a separate contract. Failure to supply a total order shall not invalidate any contract as regards supply of part of the order.

    LIMITATION ON LIABILITY
  24. Nothing in these Terms shall exclude, restrict or modify any condition, warranty or liability which may at any time be implied by the Trade Practices Act 1974 (the “TPA”) or any other law where to do is illegal or would render any provision of these Terms void.
  25. If the Company should be liable for breach of a condition or warranty implied by Division 2 of Part V of the TPA (other than a condition or warranty implied by Section 69 of the TPA) in relation to the supply of Goods which are not of a kind ordinarily acquired for personal, domestic or commercial use or consumption, the Company’s liability shall be limited to one of the following in its sole discretion considers appropriate:
    (a) in the case of goods:

    1. the replacement of the goods or supply of equivalent goods
    2. the repair of the goods
    3. the payment of the cost of replacing the goods or acquiring equivalent goods
    4. the payment of the cost of having the goods repaired.
    (b) in the case of services
    1. the supplying of the services again
    2. The payment of the cost of having the services supplied again.
  26. Subject to the above
    (a) any express or implied condition, statement or warranty (statutory or otherwise) in respect of any Goods supplied in accordance with these Terms is expressly negated and excluded; and
    (b) all Goods shall be used and operated at the sole risk of the Buyer and the Company will not be liable for any loss or damage of any kind whatever ( including, without limitation, consequential loss damages) in respect of any Goods supplied or to be supplied in accordance with these Terms whether arising from any act or omission (and whether negligent or not) of the Company, its employees, agents or independent contractors, or otherwise, even if the Company is aware or has been given express notice of the likelihood of such loss or damages.
  27. Without detracting from the other provisions, the Company’s total liability to the Buyer for any claim or demand of the Buyer arising out of or in connection with any Goods shall not in any circumstances include breach of contract, warranty, statute, or in tort (including strict liability and negligence) exceed an amount equal to the aggregate purchase price of the Goods which gave rise to such claim or demand.
  28. With the exception of death or personal injury found to caused by negligence or willful default of the Company, the Buyer shall indemnify the Company against any costs, losses, expenses or liabilities suffered by the Company arising out of or in connection with:
    (a) any and all claims brought against the Company by are not third party in connection with the sale or supply of the Goods including without limitation the use, operation or maintenance of the Goods unless any such claim is solely attributable to negligence of the Company or its employees or agents
    (b) the Buyer’s breach of these Terms.
  29. The Company shall not be held responsible in any way for and any direct, indirect, incidental or consequential loss or damages whatsoever (including without limitation, damages for loss of revenue, business, profits, goodwill or contracts, business interruption, loss of business information, or any other pecuniary loss), costs, expenses or other claims for compensation howsoever arising from work being carried by the Company on the Buyers premises during contracted work being carried out on behalf of or for the Buyer. However, in such cases and at the discretion of the Company in writing prior to any remedial work being carried out by either the Company or the Buyer, assistance may be offered to the Buyer by the Company to help minimise any further damage and costs to the Buyer.
  30. Either prior to, during or after any installation work being carried out by the Company on behalf of the Buyer or on a Buyers system, the Company shall not be liable to the Buyer for any direct, indirect, incidental or consequential loss or damages whatsoever (including without limitation, damages for loss of revenue, business, profits, goodwill or contracts, business interruption, loss of business information, or any other pecuniary loss), costs, expenses or other claims for compensation howsoever arising (whether in contract, tort or otherwise) from the use of the Product.
  31. The Company shall not be responsible for any failure to comply with or any delay in performance of any contact with the buyer where such failure or delay is directly or indirectly caused by arises or results from an event of force majeure (which shall include but not be limited to strike, accident, fire and flood) beyond the control of the Company. If the Company is unable to perform or continue performance under such contract with respect to future performance by a written notice to the Buyer and the Buyer shall have no claim against the Company arising out such termination. Nor shall such termination affect the Company’s rights to recover all amounts owing by the Buyer in respect of performance under any contract prior to termination.
  32. These Terms shall be governed and acted upon in according to the law of the law of the State of New South Wales.

    Revision 1.1 date 1 July 2011


 

©2009 Australian Systems Intergration Pty. Ltd.

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