Terms and Conditions
Oz Tech Security Pty Ltd
CONDITIONS OF SALE
‘Buyer' means the person who accepts Oz Tech Security's written quotation for the sale of the goods, or whose written purchase order for the goods is accepted by ‘Oz Tech Security'.
‘Conditions' means the standard terms and conditions set out in this document.
‘Goods and Services' means the goods and services that are to be supplied by ‘Oz Tech Security' in accordance with these conditions.
‘Seller' means ‘Oz Tech Security Pty Ltd' (registered in Australia ABN 41 439 751 083)
2. Basis of Sale
2.1 ‘Oz Tech Security' shall sell and the Buyer shall buy the Goods in accordance with ‘Oz Tech Security's' written quotation (if accepted by the buyer), subject in either case to these conditions which shall govern the contract to the exclusion of any other terms.
2.2 No variation to these conditions shall be binding unless agreed in writing by ‘Oz Tech Security'.
2.3 Monitoring services are payable in advance and it is a requirement that 3 months notice is given for cancellation of monitoring services. Cancellation notification must be received by ‘Oz Tech Security' in writing via, post, email or fax.
3.1 Unless otherwise agreed, all prices quoted by ‘Oz Tech Security' shall remain binding for 30 days from date of quote.
3.2 A Purchase Order & a 25% Deposit is payable upon acceptance of ‘Oz Tech Security's' quote.
4. Price and payment
The price for the Goods shall be that set out in ‘Oz Tech Security's' written quotation or the Buyer's written order, as the case may be. The total price is inclusive of GST - which shall also be paid by the Buyer at the rate clearly shown on ‘Oz Tech Security's Tax Invoice.
4.1 Payment must be made within 7 days from the date of Invoice.
4.2 Payment remittance must clearly set out all invoices that are being paid, where this information is not supplied, your payment may be allocated to the oldest outstanding account.
4.3 Where no information accompanies a payment, the payment will be held in trust until such time that it can be identified and allocated accordingly.
4.4 Once an order has been accepted, it may not be cancelled except by agreement.
4.5 Balances 30+ days out of trading terms will attract a $15.00 Administration / Late Payment fee.
4.6 ‘Oz Tech Security' reserves the right to withhold supply to any customer who trades outside these trading terms. If unpaid accounts exist beyond 60 days, the account can be closed at ‘Oz Tech Security's discretion.
4.7 In the event it becomes necessary for the seller to incur any collection costs to collect payment, the Buyer will be responsible for all such costs, including but not limited to court costs, attorney fees and collection agency fees on the said collection.
4.8 All Service / Maintenance work is required to be paid for on the day of completion, via Cash / Cheque or Credit Card.
4.9 Invoice payments may be paid via Cash, Cheque, Credit Card or Direct Deposit. Credit Card payments will incur a surcharge of 1.5% of invoice total.
5.1 Delivery of the Goods shall be made to such place as the Buyer and ‘Oz Tech Security' shall Agree.
5.2 Whilst ‘Oz Tech Security' shall make all reasonable efforts to effect delivery by any agreed date, any dates quoted for delivery of the Goods are approximate only and ‘Oz Tech Security' shall not be liable for any delay in delivery of the Goods beyond reasonable control and the Buyer shall not be entitled to claim for any consequential loss or damage nor cancel, rescind or terminate the contract.
6. Risk and Title
6.1 Risk of damage to or loss of the Goods shall pass on delivery
6.2 Notwithstanding delivery, legal title in the Goods shall not pass to the Buyer until ‘Oz Tech Security' has received full payment.
6.3 Until such time as title in the Goods passes from ‘Oz Tech Security', the Buyer shall upon request deliver them up to ‘Oz Tech Security' and, if the Buyer fails to do so, an ‘Oz Tech Security' representative may enter upon any premises owned, occupied or controlled by the Buyer where the Goods are situated and repossess them.
7. Trade Practices Act
7.1 The terms of these Conditions that exclude or limit ‘Oz Tech Security's' liability will only apply to the extent permitted by law. These conditions shall be read and construed subject to the provisions of the Trade Practices Act 1974 as amended and to the extent to which ‘Oz Tech Security' is entitled to do so, its liability shall be limited at its option to:-
(a) the replacement of the goods or the supply of equivalent goods; or
(b) the repair of the goods; or
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired.
8. Warranties & Liability
8.1 ‘Oz Tech Security' warrants that the Goods will correspond with their specification and will be free from defects in material and workmanship at the time of delivery
8.2 ‘Oz Tech Security' shall have no liability:-
8.2.1 for any defect arising from any design or specification supplied by the Buyer
8.2.2 any defect arising from wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of the Goods
8.2.3 if the total price for the Goods has not been paid by the due date of payment
8.2.4 for claims based on any defect in the quality or condition of the goods or their failure to correspond with specification unless the claim is notified to ‘Oz Tech Security' in writing and within 10 days of delivery
8.3 Where a valid claim is made under clause 8.2.4 hereof, ‘Oz Tech Security' shall have the right to replace the Goods (or the part in question) free of charge or, at ‘Oz Tech Security's' sole discretion, refund to the Buyer the price of the Goods (or a proportion of it) subject to the goods being returned in the same condition as when they were delivered to the Buyer; ‘Oz Tech Security' shall have no further liability to the Buyer in respect of that claim and no additional claims of any nature whatsoever may be made against ‘Oz Tech Security'.
8.4 ‘Oz Tech Security' shall never exceed the price actually paid for the Goods by the Buyer
8.5 ‘Oz Tech Security' shall not be liable for any delay or failure to supply the Goods for reasons beyond reasonable control.
9. Advice and Information
9.1 Any advice, recommendation, information, assistance or service given by ‘Oz Tech Security' in relation to goods sold or manufactured by ‘Oz Tech Security' or their use or application is given In good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty or accuracy, appropriateness or reliability and ‘Oz Tech Security' does not accept any liability or responsibility for any loss suffered from the Buyer's reliance on such advice, recommendation, information, assistance or service.