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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be withdrawn by the Company without notice.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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