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Standard Terms & Conditions of Sale

1.0       General

These standard terms and conditions of sale are applicable to all quotations and orders unless specifically varied by an attached clause detailing any changes. Although we take every reasonable precaution, due to the volume and diversity of products in our range, we do not accept liability for any errors in descriptions or technical specifications. Please note that pictures and illustrations are for display purposes only and that the final product may vary. All product, brand names, trademarks and registered trademarks are owned by their respective companies. By signing a Swintech Pty Ltd quotation or application form, the Purchaser in turn agrees to the terms and conditions outlined in this document.

2.0       Pricing

The prices quoted for imported goods may be based on the rates of currency exchange, freight, insurance, customs and primate duties. Any increase or decrease in these costs may result in price changes by Swintech Pty Ltd if the Quotation specifies that the price is variable in accordance with these rates. Where Swintech Pty Ltd incurs unexpected costs in the installation and/or commissioning of the goods as a result of delays due to reasons which are not the responsibility of Swintech Pty Ltd, then these costs shall be the responsibility of the Purchaser. Prices do not include delivery or GST charges. GST, where applicable, will be charged at the rate specified in law by the Government of Australia on the invoice supplied.

3.0       Validity of Quotation

All Quotations are valid for a period of thirty (30) days from the date thereof, however Swintech Pty Ltd reserves the right to change or withdraw any Quotation at any time prior to the receipt of a signed acceptance or authorisation to proceed from the Purchaser. Unless otherwise agreed in writing, quotations over $2000.00 AUD will require a 40% deposit from the Purchaser upon acceptance of the quotation.  Where the Purchaser initiates or determines a change to requirements, equipment or an installation which differs to the original quotation compiled by Swintech Pty Ltd, a variation quotation will be issued by Swintech Pty Ltd and the Purchaser is required to authorise and return the variation quotation, before the goods or service being supplied will proceed.

4.0       Cancellation of Orders

Swintech Pty Ltd will only accept the cancellation of orders where genuinely altered circumstances causes the goods or services to be no longer required. Swintech Pty Ltd will have sole discretion to accept or reject an order cancellation request by the Purchaser. Where a cancellation is accepted, the Purchaser shall be liable for any loss or expenses that have been incurred by Swintech Pty Ltd.

5.0       Installation

Swintech Pty Ltd and the Purchaser will agree on installation and commissioning dates prior to acceptance of an order for the goods or services by Swintech Pty Ltd. Standard installation will be conducted during normal business hours between the hours of 7am to 5pm Monday to Friday. Installation outside these times may attract additional charges at the cost of the Purchaser. In the event that existing infrastructure or customer supplied equipment is utilised and subsequent faults or difficulties are encountered with these by the Swintech Pty Ltd authorised technician/s, any additional costs for replacement parts and labour incurred will be the responsibility of the Purchaser and billed by Swintech Pty Ltd on a fee for service basis. Where Swintech Pty Ltd performs a pre-cabling function for premises where construction is in progress and window/door frame/s, wall or ceiling cladding is yet to be installed, it will be the responsibility of the Purchaser to ensure that all cabling performed by Swintech Pty Ltd is readily accessible and has been extracted through the frame/cladding to the designated equipment location point/s. Where this does not occur, Swintech Pty Ltd reserves the right to apply additional fee for service charge/s which will be the responsibility of the Purchaser. Should installation or commissioning be unable to proceed for any reason other than the neglect of Swintech Pty Ltd, then any additional costs incurred by Swintech Pty Ltd will also be the responsibility of the Purchaser. Swintech Pty Ltd will only accept responsibility for equipment, workmanship and infrastructure where supplied by Swintech Pty Ltd and/or its authorised agents. Upon completion of and installation or service being supplied by Swintech Pty Ltd, the Purchaser is required to complete a Swintech Pty Ltd Customer Acceptance Record (CAR). By completing and signing the CAR, the Purchaser acknowledges that the installation or service supplied has been sufficiently completed and that no damage to equipment, property or plant is evident. Where a Swintech Pty Ltd authorised technician is required to return to the Purchaser to assist with training or programming the supplied equipment and the Purchaser has previously completed a CAR confirming that the service and training supplied has been sufficient, the Purchaser will be billed by Swintech Pty Ltd for work performed on a fee for service basis.

6.0       Terms of Payment

Swintech Pty Ltd will only accept payment for goods via cash, bank cheque, Visa, Mastercard and Bankcard. Payment in full is required from the Purchaser upon completion of the installation or delivery of the goods, whichever is applicable.

6.1        For quotations over $2000.00 AUD, Swintech Pty Ltd will require a 40% deposit from the Purchaser upon acceptance of the quotation.

6.2        Where the Purchaser decides to not proceed with the installation and/or delivery of the goods and a 40% deposit has been issued to Swintech Pty Ltd, this will not be automatically refunded to the Purchaser, rather this will be considered on a case by case basis.

6.3        Personal and company cheques will not be accepted, unless otherwise arranged with Swintech Pty Ltd directly. Where payment is made via cheque, Swintech Pty Ltd will also require suitable identification to be presented by the Purchaser.

6.4        If an order is placed via the Swintech Pty Ltd website/s www.swintech.com.au/ www.swintech.com or via email and the payment method is via credit card, please note that Swintech Pty Ltd will contact the Purchaser to obtain credit card details when confirming the order.

6.5        Where a discount is applied and either a fourteen or thirty day payment arrangement has been agreed in writing by  Swintech Pty Ltd, the discount amount or percentage will only be applicable if the total invoice amount is paid in full within the 14 or 30 days of the date of invoice issue.

6.6        The full retail price will be payable by the Purchaser upon expiry of the 14 or 30 day payment arrangement from the date of invoice. If paid outside of this timeframe the full retail price including GST will apply.

6.7        Where payment from the Purchaser either defaults or is not received within the applicable payment period, Swintech Pty Ltd will pursue payment from the Purchaser via a debt collection process and any subsequent costs incurred by Swintech in utilising either a mercantile agent or associated legal expenses in the recovery of the payment, these costs will be billed to and will remain the responsibility of the Purchaser.

6.8        Where payment is not received within the Invoice payment period stipulated, Swintech Pty Ltd reserves the right to list a default with Baycorp Advantage credit reporting agency which may affect future credit applications and penalty interest detailed at 6.9 will apply.

6.9        The Purchaser shall be liable for and pay interest at the rate of 2.0% on all overdue accounts calculated on a daily basis and compounded monthly from the Due Date for payment until paid in full.

6.10      Where Swintech Pty Ltd is unable to complete either the full installation or commissioning of the system/s quoted, due to either the nature of the installation or factors and delays beyond the control of Swintech Pty Ltd, payment for goods     supplied or services performed will be required via progress payments.

6.11      Progress payments will consist of the costs associated with the goods supplied and labour performed and will be payable within seven (7) days from the invoice date.

7.0       Refunds

We are not obligated under any state law to give refunds for functioning goods simply because the Purchaser has had a change of mind. We do however accept that the Purchaser, may have a change of mind about a product purchased and therefore will consider refunds on a case by case basis, Conditions apply:

7.1        Delivery costs are not refundable

7.2        Cost to return goods for refund is at the Purchasers expense

7.3        Goods must be returned in as sold condition, which includes packaging Manuals and any documentation etc.

7.4        Goods must be returned within 7 days of purchase from store or 14 days if purchased from the Swintech Pty Ltd web site/s.

7.5        It is the responsibility of the Purchaser to provide proof of purchase from Swintech Pty Ltd to obtain a refund.

Products not subject to change of mind refund status are:

7.6        All Batteries

7.7        All computer software

8.0       Warranty

Warranty will not be considered until payment in full for the goods, installation or service provided has been received in full by Swintech Pty Ltd. The manufacturers warranty will apply to products and parts supplied by Swintech Pty Ltd; see documentation supplied by the manufacturer attached to goods purchased where applicable for warranty information. Where the manufacturers warranty has not been provided, the Purchaser will need to consult the manufacturer directly. Goods may have to be assessed by Swintech Pty Ltd for verification. Where Swintech Pty Ltd agrees to return the goods to the manufacturer for warranty claims on behalf of the Purchaser, all subsequent costs associated with the return of the goods will be the responsibility of the Purchaser. Swintech Pty Ltd will only warrant workmanship performed by Swintech authorised technician/s for a period of two (2) years from the date the work is performed. Conditions apply.

Warranty for workmanship shall be null and void where;

8.1        Workmanship performed is modified, or adjusted in any way by personnel who are not authorised by Swintech Pty Ltd.

8.2        Workmanship performed is affected by fire, water or flood, frost, ice, wind, fusion, immersion in any liquid,  lightning, power surges, induced electrical surges, earthquake, elements of nature or an act of God, riot, civil disorder, vandalism, strikes or  industrial strife, theft, accident, war, lockouts, road closure, or any similar cause beyond the reasonable control of Swintech Pty Ltd.

8.3        Workmanship performed is physically or operationally damaged whether deliberately or by misuse or accident.

8.4        The Purchaser fails to provide reasonable access to Swintech Pty Ltd for the purposes of assessment or maintenance.

8.5        Payment for the workmanship has not been received in full by Swintech Pty Ltd.

8.6        The liability of Swintech Pty Ltd warranting its workmanship shall be limited as follows:

                                    (a) Re-performing the workmanship required.

8.7        Warranty period will commence upon the date the workmanship has been completed, or the date that the goods have been supplied by Swintech Pty Ltd.

9.0       Ownership of the Goods

The goods always remain the property of Swintech Pty Ltd until payment has been received in full from the Purchaser.

10.0     Goods Missing in Transit

Swintech Pty Ltd is no longer responsible for the goods purchased once the goods are in transit. Where Swintech Pty Ltd do not own the means of transport that delivers the goods, as per normal commercial practice Swintech Pty Ltd cannot be held responsible for them. Swintech Pty Ltd emphasises that the loss of goods in transit is extremely rare, however, ownership for the goods passes to the Purchaser once the goods have been passed to the carrier for delivery.

11.0     Goods in Transit Insurance

If the Purchaser wishes to insure the goods whilst in transit, this needs to be specified by the Purchaser at the time of placing an order with Swintech Pty Ltd. Insurance will be at the cost to the Purchaser to the value of 1% of the total order value. This can be arranged by Swintech Pty Ltd at the request of the Purchaser. This insurance also covers goods damaged in transit. Swintech Pty Ltd does not arrange insurance unless requested by the Purchaser.

12.0     Damaged Goods in Transit

The same basic principles apply to goods damaged in transit as goods missing in transit. Where the Purchaser suspects that the parcel has suffered to the point where the goods inside are damaged the Purchaser is not to open the parcel, and it will be the Purchasers responsibility to contact the carrier or local Post Office and deal directly with them. Where goods in transit insurance has been arranged by Swintech Pty Ltd on behalf of the Purchaser, it is the Purchasers responsibility to contact Swintech Pty Ltd immediately on the date of the goods delivery. 

13.0     Privacy Law

It is the responsibility of the Purchaser at all times to operate the equipment and system/s purchased within the terms stated within the Australian Federal Privacy Act 1988. Any liability that may arise where the equipment and system/s purchased is operated outside the terms of the Australian Federal Privacy Act 1988 in any way remains the sole responsibility of the Purchaser at all times.

14.0     Applicable Law

Any dispute arising from the sale of any goods or the provision of any services shall be subject to the laws applicable in the State of New South Wales in the Commonwealth of Australia.

Version 1.9 0707


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Copyright 2006 Swintech Pty Ltd

Swintech Standard Terms & Conditions of Sale