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TERMS AND CONDITIONS OF SALE

1. INTERPRETATION

“Company” means Data Acquisition Networks Pty Ltd

ABN: 70 109 025 621

“Purchaser” means the purchaser of the products and/or services.

“Products” means a product or products and/or services produced

or supplied by the Company to the Purchaser pursuant to these

terms and conditions.

Nothing in these conditions shall be read or applied so as to

exclude, restrict of modify or have the effect of excluding,

restricting or modifying any condition, warranty guarantee right or

remedy implied by common law or statute which cannot be

excluded, restricted or modified. Words importing the singular are

to include the plural and vice versa and words importing one

gender are to include the other gender.

2. TERMS OF SALE

Any purchase order placed on the Company must be made by

formal irrevocable purchase order The Product sold by the

Company is sold on these terms and conditions.

3. QUOTATIONS & PRICE

3.1. The prices quoted are based on the Company’s estimated

cost of production, manufacture or supply at the time of

quotation and are subject to alteration without notice to the

Purchaser. All variations from the original quotation are on

the account of the Purchaser for whatever reason including,

without limiting the generality of the above, changes in

foreign exchange rates, import duty and taxes.

3.2. All prices are quoted exclusive of GST which if applicable

will be on the Purchaser’s account. All prices are expressed

in Australian dollars unless expressly stated otherwise.

3.3. A quotation given by the Company is not to be construed as

an offer by the Company to sell or supply Products and can

be withdrawn by the Company without notice. An order

arising from a quotation may only be made in accordance

with clause 3.4

3.4. Quotations for Product provided by the Company are

subject to confirmation by the Company at the time of order

placement. The Company reserved the right to refuse to

accept any order based upon a quotation supplied by the

Company and any order will not be binding until accepted in

writing by the Company.

4. PAYMENT TERMS

4.1. For Product which is normally stocked by the Company for

sale - payment within 30 days from date of invoice. The

Company reserves the right to vary the terms of payment

and to require payment in full prior to delivery.

4.2. Engineered and Non Standard Product - payment in

accordance with the terms included in the quotation or in the

absence of quoted payment terms 30% (non-refundable)

with placement of order, 70% prior to dispatch of the

Product.

4.3. Training and Service - payment with order or prior to the

training or service being provided. Should payment not be

received by the due date, the Purchaser will be responsible

for any costs incurred up to that date including but not

limited to preparation of materials, costs of material and

travel costs.

4.4. Default by the Purchaser in payment of any monies due to

the Company will be a breach of these terms and

conditions.

5. CANCELLATION

Where an order is cancelled by the Purchaser, the following

charges are due and payable with cancellation:

5.1. For Product which is normally stocked by the Company for

sale - a restocking fee of 15% of the invoice value.

5.2. For Engineered and Non Standard Product - the forfeit of

the 30% deposit paid with order together with the cost which

in the sole discretion of the Company it has incurred in

preparing the order up to the date of communication of the

Purchaser’s cancellation of its order to the Company.

5.3. For Training and Service - the cost which in the sole

discretion of the Company it has incurred in preparing the

order up to the date of communication of the Purchaser’s

cancellation of its order to the Company.

6. CLAIMS

6.1. Any claims by the Purchaser for short delivery of Products

must be notified to the Company in writing within 14 days

after delivery of the Products to the Purchaser. Any claim

which the Purchaser does not notify within the time

aforesaid (time being of the essence) shall be deemed to

have been absolutely waived.

6.2. No Products can be returned for any reason without first

obtaining written permission from the Company. Goods

returned without authorisation are subject to being returned

to the Purchaser at the Purchaser’s expense.

7. APPLICATION PERFORMANCE

7.1. The performance of the The Product once installed relies on

attached sensing devices, the performance of the mobile

telephone network, the performance of the internet and the

performance of the server. In applying the product users

must take into account the reliability of these items as they

may affect the reliability and overall performance of The

Product. While every effort has been made to ensure the

reliability of The Product, critical applications must be

supported by additional means of alarm and/or data

collection.

7.2. The Company may provide either through general

information on its web site and or through response to

questions raised with respect to an application, possible

solutions that may be applied. It is the responsibility of the

purchaser to make separate enquiries or use its own

knowledge to apply The Product. The Company is not able

to warrant any application as specific details of that

application are not available to The Company.

8. IMPLIED TERMS

8.1. It is hereby acknowledged by the Company that, under

applicable State, Territory and Commonwealth law, certain

conditions and warranties may be implied in the contract

between the Company and the Purchaser and rights and

remedies conferred upon the Purchaser as the consumer in

relation to Products which cannot be excluded, restricted or

modified by agreement (”Non-excludable Rights”). The

limitations below are subject to these Non-excludable

Rights.

8.2. Subject to the above, the Company disclaims all conditions

and warranties expressed or implied, and all rights and

remedies conferred on the Purchaser, by statute, the

common law, equity, trade custom or usage or otherwise

howsoever and all such conditions and warranties and all

such rights and remedies are hereby expressly excluded

other than a Non-excludable Right.

8.3. Where so permitted the liability of the Company for a breach

of Non-excludable Right is limited, at the Company’s option,

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in the case of goods, to the replacement or repair of the

goods or the supply of equivalent goods and in the case of

services, to the supplying of the services again or the cost of

having the services supplied again.

9. INDIRECT LOSS

In no event shall the Company be liable (whether before or

after discharge of the contract or otherwise) for any loss or

damage to the Purchaser as user arising from or caused or

contributed to by negligence of the Company, its servants or

agents, nor shall the Company be liable for special, incidental

or consequential loss or damage suffered by the Purchaser

as user as a result of a breach by the Company of its

obligations or otherwise including but not limited to economic

loss or non-economic loss, loss of profits or revenue or costs

arising from such a breach.

10. DESCRIPTION

Any description of the Products is given by way of

identification only and the use of such description shall not

constitute a contract for sale by description.

11. DELIVERY, INSTALLATION AND RISK

11.1. The delivery time made known to the Purchaser is an

estimate only and the Company shall not be liable for late

delivery or non-delivery and under no circumstances shall

the Company be liable for any loss, damage or delay

occasioned to the Purchaser arising from late or nondelivery

or late installation of the Product.

11.2. In the event that the Purchaser is unable or unwilling to

accept delivery of the Products as agreed, then the

Purchaser shall be liable for all storage costs, charges,

expenses and additional delivery charges, such amount to

be paid on delivery.

11.3. Notwithstanding clause 11, the Purchaser shall bear all risks

of loss or damage to the Products upon and from delivery of

the Products to the Purchaser or delivery at the Purchaser’s

direction.

11.4. The Company reserves the right to deliver by instalments

and each instalment shall be deemed to be sold under a

separate contract. Failure of the Company to deliver any

instalment shall not entitle the Purchaser to cancel the

balance of the order. In the event of the Purchaser making

default in payment in any instalments, the Company may

elect to treat the default as a breach of the contract relating

to each other instalment.

12. PROPERTY & OWNERSHIP (Retention of Title)

12.1. Notwithstanding that risk in the Products shall pass to the

Purchaser as provided herein, title to the Products shall not

pass to the Purchaser until the Purchaser has made

payment in full of all monies owing by the Purchaser to the

Company for the Product. In the event of part payment of

any invoice for the supply of Products the Company may

allocate the payment towards one or some of the Products

or as part payment for some or all of the Products.

12.2. Until such time as the Purchaser has paid for the product in

full, the Purchaser shall store and identify the Products so

as to indicate that they are the property of the Company, the

Company reserving the right to enter the Purchaser’s

premises (or the premises of any associated party or agent

where the Products are located) without liability for trespass

or any resulting damage and retake possession of the

Product. In addition to the above, the Purchaser

acknowledges that should the Product be lawfully

repossessed by the Company the Company reserves the

right to keep or resell the Product. Should the Product be

resold to a third party the Purchaser agrees to hold all

moneys received on trust in a separate identifiable account

for the Company.

13. GENERAL

13.1. This agreement constitutes the entire agreement between

the Company and the Purchaser and any prior agreement or

understanding between them in respect of the subject

matter in this agreement, including any quotation is

superseded by this agreement.

13.2. The Purchaser acknowledges that it has not agreed to

purchase upon any oral or written representation made by

or on behalf of the Company.

13.3. This agreement may be varied only by agreement in writing

between the parties. To the extent that there is any

inconsistency between these terms and conditions and the

terms and conditions set out before, the terms and

conditions as varied will prevail.

13.4. This agreement shall be governed by and construed in

accordance with the laws of New South Wales and the

parties submit to the jurisdiction of the Courts of that State.

13.5. The Purchaser acknowledges that the Products are not of a

kind ordinarily acquired for private use or consumption.

13.6. It is agreed that if any part of any provision of these terms

and conditions should be determined to be void by any

Court of competent jurisdiction, then such determination

shall not affect the remainder of the provision and each such

other provision shall remain in full force and effect.

DATA ACQUISITION

NETWORKS

PTY LTD

ABN: 70 109 025 621

Telephone +61 2 8838 2358 Facsimile +61 2 8838 2333

www.danmonitoring.com

24 Fennell Street, North Parramatta NSW 2151 Australia

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