TERMS AND CONDITIONS OF SALE

1. INTERPRETATION

“Company” means Data Acquisition Networks Pty Ltd ABN: 58 104 348 254

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

“Products” means the products and/or services.

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

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. Quotation or order given or placed on the Company is not to be construed as an offer by the Company to sell or supply Products and can be withdrawn without notice.

3.4. Quotations for Product provided by the Company are subject to confirmation 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.

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 should the creditworthiness of the Purchaser at any time become in the Company’s sole opinion unsatisfactory.

4.2. Engineered 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 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 written confirmation of the cancellation by the Purchaser was received by 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 written confirmation of the cancellation by the Purchaser was received by the Company.

6. CLAIMS

6.1. Any claims by the Purchaser for short or wrongful delivery of the goods 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. 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.

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 right 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 limitation 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 Non-excludable Rights.

8.3. Where so permitted the liability of the Company for a breach of Non-excludable Right is limited, at the Company’s option, 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

Accordingly, 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. DELIVERY, INSTALLATION AND RISK

10.1. The delivery time made known to the Purchaser are estimates 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 non-delivery or late installation of the Product.

10.2. 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.

10.3. 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.

10.4. 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.

11. PROPERTY & OWNERSHIP (Retention of Title)

11.1. 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 (whether such monies are in respect of the monies payable under a specific contract or on any other account whatsoever).

11.2. Until such time 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 property be resold to a third party the Purchaser agrees to hold all moneys received on trust in a separate identifiable account for the Company.

12. GENERAL

12.1. 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.

12.2. The Purchaser acknowledges that it has not agreed to purchase upon any oral or written representation made by or on behalf of the Company.

12.3. 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.

12.4. 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.

12.5. The Purchaser acknowledges that the Products are not of a kind ordinarily acquired for private use or consumption.

12.6. 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.