AUSTRALIAN
SYSTEMS INTEGRATION PTY. LTD.
TERMS
AND CONDITIONS
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Warranties are not transferable to
new owners.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
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