TERMS AND CONDITIONS
CONFERTEL COMMUNICATIONS GROUP PTY LTD T/AS eVIDEO COMMUNICATIONS
These terms and conditions of sale (which shall only be waived in writing by "the Supplier" shall prevail over all conditions of a Customer's order to the extent of any inconsistency.
In these terms and conditions of sale the following terms shall have the following meanings:
"Supplier" means eVideo Communications (part of Confertel Communications Group Pty Limited A.C.N. 088 121 359) which is the seller of the Goods;
"Customer" means the purchaser of the Goods;
"Agreement" means the agreement made between the Customer and the Supplier whether oral, written or partly oral and partly written, express or implied without limitation any Agreement for Supply and any Schedule(s), letter of offer, purchase order, request for tender or supply;
"Goods" means the products and services, if any, specified in the Agreement;
In these terms and conditions of sale a reference to a party includes that party's successors and assigns.
The Goods and all other products sold by the Supplier are sold on these terms and conditions.
The Supplier will assume that the person placing the purchase order for goods and/or services is authorised on behalf of the Customer to do so and is over 18 years old.
For orders exceeding a total amount of $1500.00 including GST payment of 50% of the total amount of the order is payable when the order is placed by the Customer to the Supplier (unless otherwise stated by the Supplier). The outstanding balance is to be paid before shipment of any goods to site. Payment may be made by company cheque, direct deposit to the Supplier's bank account or credit card. If payment is made by credit card a surcharge of 2% will apply for Visa and Mastercard and 0% for AMEX, unless otherwise stated by the Supplier. If goods are shipped and the Customer fails to pay any sum of money within seven (7) days of receipt of the goods in compliance with this Agreement interest will accrue at the rate of 10% per annum calculated daily commencing 14 days from the date of the tax invoice referred to above.
Any audio visual installations exceeding a total of $50,000.00 will require a deposit of 50% with progress payments to be advised to the Customer by the Supplier unless otherwise agreed to by the Supplier.
Risk in the Goods shall pass to the Customer upon delivery to the Customer or his servant or agent or to a carrier commissioned by the Customer.
Property in the Goods shall not pass to the Customer until all monies due and owing in respect of these Goods has been paid in full to the Supplier.
Plasma, LCD and LED screens are sold on a non-return basis. If a plasma, LCD or LED is deemed faulty it will be replaced by eVideo at no additional cost to the Customer. The timeframe for delivery of the replacement LCD/LED or plasma will rely on stock available at the time but if stock is available the replacement will be delivered within 7 working days. . The faulty LCD/LED or plasma will be collected by the distributor or manufacturer. In relation to other products, the product may be returned within 7 days of the date of purchase and a restocking fee of 20% of the total amount of the order will be charged. Courier charges for delivery and pick up of the goods will also be charged. Any refunds owing will be made to the Customer via credit card or EFT within 5 working days of receipt of the returned items.
The total liability of the Supplier for loss or damage of every kind including any consequential loss or damage due to the operation or non-operation of the Goods, whether arising pursuant to the Agreement or out of or in relation to the Goods, their sale, delivery, in tort or contract, or in any way whatsoever is hereby limited to the replacement of the Goods where the defect in the Goods is the sole result of the wrongful or negligent act of the Supplier, its employees, contractors or agents and in any case is limited to the amount paid by the Customer to the Supplier under the agreement at the date when such liability arises.
The Customer indemnifies and shall keep indemnified the Supplier from and against any liability including claims, demands, actions or proceedings, losses or any other expenses and damages for or arising from any false, misleading, deceptive or misdescriptive representation or statement made by the Customer in respect of the products to any person.
If by reason of any fact, circumstance or thing beyond the reasonable control of the Supplier, the Supplier is unable to perform in whole or in part any obligation, under the Agreement, the Supplier shall be relieved of that obligation to the extent and for the period that it is unable to perform that obligation and shall not be liable to the Customer for non-performance of that obligation.
These terms and conditions of sale expressly or by implication cover and comprise the entire terms and conditions between the Supplier and Customer and no further terms and conditions shall be deemed or to be implied or to arise between the Customer and the Supplier by reason of any promise, representation, warranty or undertaking given or made by either party to the other prior to the acceptance of the Offer by the Customer.
If any part of these terms and conditions of sale is held to be void or unlawful, the terms and conditions of sale are to be read and enforced as if the void and unlawful parts had been deleted.
The Agreement shall be governed and construed by the laws of the State of New South Wales.
Nothing in these terms and conditions of sale shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any conditions, warranty, guarantee, right of remedy implied by law (including the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.
