Any order accepted by InTouch Screens (ABN 75 758 691 047) for the supply of Goods shall be deemed to incorporate these Terms and Conditions of Sale. No variation or modification of, or substitution for these Terms and Conditions of Sale (even if included in, or referred to in, the document placing the order) shall be binding on InTouch Screens, unless previously and specifically accepted by Us in writing. “We”, “Us”, and similar expressions, refer to InTouch Screens. “You”, and similar expressions, refer to You, Our proposed customer. We may make changes to these Terms and Conditions of Sale (including any credit terms) from time to time by notice to the Customer. You are treated as having accepted the changed terms if it sends an order to Us after receiving its notice of those changes.
Unless otherwise agreed in writing by Us, We reserve the right to vary the price stated for the Goods in order to take account of any increase in shipping costs, product costs or cost of materials, services or exchange rate fluctuations at the time of acceptance of Your Purchase Order. We will notify You of any such changes. All prices listed are GST exclusive unless otherwise stated and are subject to change without notice. We reserve the right to accept or reject any Purchase Order, whether written or verbal, at our discretion. Any quotation is merely an invitation to You to place an order with Us. If You offer to purchase goods based on a quotation from Us, then Your offer is subject to these conditions. Accepted orders cannot be cancelled without Our consent and then only on the basis that We are compensated for any loss We may suffer as a result.
Unless We agree in writing to give You credit, You must pay for all orders at time of dispatch from Us. If credit is extended to You, You warrant that as far as it you are aware neither You nor any of Your shareholders, controllers or owners are insolvent. We may reduce or withdraw any credit extended to You and require You to immediately pay all moneys owed to the Us if You: (i) breach any of these Terms and Conditions of Sale; or (ii) in Our reasonable opinion, may be or is suffering from an insolvency event. (iii) If any amount You owe to Us is not paid within 7 days of the due date then all of the monies that You owe Us on any account becomes immediately due and payable; and without limiting Our other rights We may suspend the supply of service and defer or cancel any outstanding orders.
The acceptance by Us of any cheque shall not constitute payment unless and until the cheque has been honoured. Without prejudice to any other rights of action We may have, unless payment is made to Us on the due date for payment, Your account will be automatically suspended until it is brought within the Terms and Conditions of Sale (unless otherwise arranged and confirmed in writing by Us such as a bona fide dispute). You agree to pay interest to Us on all overdue charges at the rate of 1.5% per month payable monthly (or such lesser rate as We may specify in writing) from the due date for payment until actual payment thereof, excepting any bona fide dispute which has been set aside. In the event of an account not being paid by the due date You will pay Us all debt collection agency costs and legal fees (on an indemnity basis) incurred by Us in obtaining payment of the amount from You. In addition, interest is payable on such debt collection agency costs and legal fees at the cumulative rate of 1.5% per month calculated monthly from the date on which they are paid by Us until payment of the same by You to Us.
Delivery will be made to the location specified on the order form and You shall be liable for all freight costs. No claim for damage in transit or shortage in delivery will be considered in cases where We have agreed to deliver the Goods to You unless a separate notice in writing is given to the carrier concerned and Us immediately after the Goods are received followed by detailed and complete claim in writing within 2 trading days of delivery. In the event of loss or destruction of the Goods in transit, advice of non-delivery must be submitted in writing to the carrier and to Us within 7 days of the date of consignment. Any period or dates quoted for delivery are to be regarded as approximate only and the Company accepts no liability for any loss, injury damage or expenses consequent upon any delay in delivery of Goods. Delay due to circumstances not reasonably within the control of Us shall not entitle You to cancel any order or to refuse to accept delivery. Notwithstanding that the title to the Goods may not have passed, the risk in the Goods shall pass to You upon delivery. When We are required to procure overseas Goods to fulfil an order, the order is subject to confirmation by Us.
Should We be delayed in or prevented from making delivery owing to any cause whatsoever beyond Our control, including but not limited to Acts of God, war, strike, riots, government intervention, industrial stoppage or natural disaster or otherwise, We shall be at liberty to cancel or suspend any affected order without incurring any liability for any loss or damage resulting there from.
Insurance will not be effected on Goods forwarded from the Our premises unless We receive written instructions from You to insure.
Before returning any Goods, an RMA (Return Merchandise Authorization) number must be requested and issued. Goods will not be accepted, credited or replaced without the RMA number stated on the returned Goods. Consumable items are not eligible for credit or return unless otherwise agreed by Us in writing. Unauthorized returns will not be shipped back to the sender except at its expense (a handling fee may also apply). You may return authorised Goods or parts (“items”) using the shipping method of Your choice and is responsible for the return shipping charges. We recommend that You insure the return shipment as We cannot be responsible for damaged or lost shipments. Used or otherwise altered items not in new condition are not eligible for credit.
The risk in any Goods supplied by Us to You shall pass to You when such Goods are delivered to You or into custody on your behalf. Ownership passes to you on payment. We remain the owner of all of the goods covered by an order until you have paid the full price for those goods plus any associated charges. Payments do not count until we receive full and final payment of cleared funds into our nominated bank account . Until you become the owner of particular goods, we may enter into any premises or vehicle if we have reasonable grounds to expect that we may find any part of the goods there. If you default in paying any part of the price or associated charges in connection with an order we may re-take possession of the goods supplied under the order. That applies even if we hold some negotiable instrument or security for the amount unpaid. If you resell any of the goods (even if mixed with other goods) before becoming the owner, you are acting as our selling agent although only to the absolute minimum extent necessary to protect our ownership.
We will make Evaluation Products available to our customers from time to time, to allow You to evaluate product features and benefits prior to purchasing. Evaluation Products are to be returned to Us within 7 working days or the agree period unless purchased prior. Returned product is to be shipped back to us with freight paid by You, either outer wrapped or packaged so as to preserve the condition of the goods. Any missing, marked or damaged product, manuals or accessories, will be charged in full on return as per our Intouch Evaluation Agreement. Evaluation Products that are not returned according to these conditions will be charged in full at the end of the evaluation period. Insurance and return freight on the Evaluation Product is the responsibility of You.
From time to time InTouch Screens and You may be required to pass on to each other confidential information about their respective businesses or We may be required to pass on confidential information about Your business to for the commercial benefit of both parties. Any such information given by either party will be held by the other party in strict confidence and will not be passed on to any third party or used for any other purpose other than the direct related purpose for which the information was given. Confidential information excludes information which is: (i) lawfully in the public domain before its disclosure or enters the public domain afterwards otherwise than as a result of an unauthorised disclosure; (ii) becomes available to the receiving party from someone lawfully in possession of it who lawfully discloses it on a non-confidential basis; and (iii) is rightfully known by the receiving party before disclosure of it. No public announcement or press release relating to InTouch Screens or our products is allowed without Our prior written consent, which will not be unreasonably withheld.
All new Goods carry a twelve month, return to base, parts and labour warranty unless otherwise stated. Damage caused by misuse or abuse, electrical damage due to power fluctuations such as surges or spikes, incompatible consumables or software, are not covered under warranty. Consumables or incorrect operation of any Goods according to the manufacturers’ recommendations are not covered under warranty. Proof of purchase is to be supplied with all warranty claims.
We must repair or replace any second hand, or demonstration item sold by us if there is any manufacturing defect in material or workmanship within 3 months of delivery unless otherwise specified in writing.
Our warranty is subject to the following exemptions:
To the extent permissible by law, all warranties and conditions, whether express or implied by law, other than those set out above are excluded. Our liability for breach of any warranty set out above or which cannot be excluded by law is limited to, to the extent permissible by law, at our option:
In the case of goods:
In the case of services:
Some products may be covered by a warranty period of up to 3 years and this will be indicated on tax invoice paperwork for your records. Warranty period commences from time of dispatch from Our warehouse. If goods are manufactured by a company other than Us, we must use our reasonable endeavours to assist you to obtain the benefit of any guarantee or warranty offered by the original supplier or manufacturer of any goods that we supply to you.
We reserve the right to vary the specifications or performance criteria of any product from time to time and to obtain products from different sources, at our absolute discretion. We may do that without telling you provided we have reasonable grounds for believing that the alternative product offered is substantially similar to that previously offered or represents an improvement.
Availability of spare parts. We make every reasonable effort to ensure the reasonable availability of spare parts for any particular product type for at least 5 years from the commencement of the product life cycle. We are not liable if, having used reasonable efforts, we are unable to do so for a temporary or permanent period. We may not be able to arrange for the availability of spare parts after the end of that 5 year period.
We are a hardware specialist and as such, cannot warrant any software provided including but not limited to Microsoft Windows Operating System. Although We will use our reasonable endeavours to open channels of communication, all support and troubleshooting for software is to be handled directly with the software developers of the supplied software package. It is the responsibility of the customer to determine if the software will achieve the required function prior to purchase, and to obtain sufficient support packages from the software developer to support the package and any ongoing maintenance required.
To the maximum extent permitted by law, We shall not be liable for any damages or loss of any kind arising from the failure of Goods to function or operate satisfactorily, nor for any direct or indirect, incidental, special, or consequential damage or loss to property or person whatsoever. We accept no responsibility or liability for incorrect placement of orders, including via the web. Any representation, warranty, condition or undertaking that would be implied in these Terms and Conditions of Sale by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. Nothing in these Terms and Conditions of Sale excludes, restricts or modifies any condition, warranty, right or remedy that cannot be excluded, restricted or modified. Our liability will exclude any indirect, incidental, special or consequential damages or loss, including loss of revenue, profits, savings or data. It does not matter whether the damage or loss was foreseeable, arose from negligence, and even if warning was given of its possibility.
Except to the extent of the acts or omissions of Us (including negligence) giving rise to any claims, damage, loss, liability or expense whatsoever, You will indemnify Us against any claims by a third party (including merchants), damage, loss, liability or expense whatsoever (including lawyers’ fees on an indemnity basis) that We may incur: (i) with respect to any negligent act or omission by, or wilful misconduct of Our employees, agents, contractors, consultants or representatives; or (ii) as a result of: (a) any warranty condition, representation, indemnity or guarantee granted by You or provided by law in addition to or in lieu of the limited warranties specified in the Warranty clause to the extent permitted by law; (b) any omission or inaccuracy in Our marketing and promotional materials that relate to the products; (c) any modification of or addition to the Goods not provided or approved by Us; or (d) Your failure to comply with these Terms and Conditions of Sale. This clause will not be construed to limit or exclude any other claims or remedies which We may assert under these Terms and Conditions of Sale.
If any term (including any clause, paragraph or phrase) in these Terms and Conditions of Sale is illegal or unenforceable, it is to be severed. The rest of the terms will not be affected.
Any contract to which these Terms and Conditions of Sale apply shall be governed by and construed in accordance with the laws in force in New South Wales and You further submit to the exclusive jurisdiction of the courts operating in New South Wales.
These conditions can only varied by one of Our authorised officers signing a document which states the variation, and the transaction to which the variation applies.