INVISIBLE COMMUNICATIONS PTY LTD

ACN: 145 086 362      ABN: 46 145 086 362

trading as IMPULSE Wireless

trading as Invisible Communications

 

GENERAL TERMS OF SALE

Rev 21, 3 August 2018

 

In this document:

“The Company” refers to Invisible Communications Pty Ltd, ACN 145 086 362, ABN 46 145 086 362, its employees, agents, servants, subsidiaries, or associated entities.

 

“Customer” refers to the person or corporation that has requested the services of the Company, and is being (or may be) provided with goods and/or services by the Company, whether paid on invoice, plan, lease or on a cost free trial. Please note that additional terms may apply to free trials, which will be issued and approved at the time.

 

“Invoice Date” is the issue date noted on the relevant invoice for sale of goods and/or services. If no date appears on the invoice, “invoice date” refers to the date the invoice was served to the customer according to Australian law.

 

“Due Date” is the date stated as such on the invoice and/or is the date by which payment for goods and/or services stated in that invoice is required. If the invoice does not state a due date or time period in which payment is required, the Due Date is the same date as the Invoice Date.

 

“Service Call” refers to a request by a customer for the Company to attend any location.

 

“Network Service” includes push-to-talk voice, data, telephony and other services provided via a mobile (cellular) network.

 

  1. GENERAL

    1. Orders and/or goods and services sold or provided by the Company are subject to the following terms and conditions.

    2. The placing of an order for goods or services, whether orally, by fax, telephone, e-mail, mail or otherwise with the company will incorporate these terms and conditions as forming part of the contract of sale of the goods or services, and shall be binding on the Customer. No variation or modification of, or substitution for, these terms and conditions shall be binding unless specifically accepted by the company in writing.

    3. If the company chooses not to enforce any part of these terms and conditions at any time, that does not indicate a waiver of any term or condition. The Company reserves the right to enforce these conditions how and when it sees fit.

    4. Each clause in these terms stands on its own and the non-enforcement or non-enforceability of any term does not affect any other terms or conditions. 

  2. VALIDITY OF QUOTATIONS

    1. Subject to paragraph 3.2, any quotation given is valid for a period of thirty (30) days from the date of the quotation, unless some other period is stated in the quotation, in which case the valid period on the quotation takes precedence.

  3. PRICES/EXCHANGE FLUCTUATION

    1. All prices quoted by the company are quoted excluding GST, tax, duty, freight and packaging costs, unless stated otherwise.

    2. All prices are subject to adjustment at any time if there is any adverse fluctuation caused by the current exchange rate or supplier.

  4. PAYMENT TERMS

    1. If the Company chooses to accept payment in arrears for goods or services provided by the Company, a Due Date will be stated on the top of the applicable invoice.

    2. The Customer must pay to the company the full amount invoiced before close of business on the Due Date specified on the applicable invoice.

    3. If any amount is due in accordance with paragraph 4.2 and is not paid by the Due Date, the Customer agrees to pay a late fee of $30 plus GST as well as interest on all overdue amounts, calculated daily and compounding daily at the rate of 19% per annum, until all outstanding amounts have been paid.

    4. If the Customer has any amounts outstanding the Customer agrees that the Company may suspend the supply of any and/or all goods and/or services to the Customer until such time as all amounts owed to the Company (including under paragraph 4.3) have been paid in full.

    5. The Customer agrees that the Company is not liable for any damages or loss incurred by the Customer due to the suspension of supply of goods or services in accordance with paragraph 4.4.

    6. The Company may at its sole discretion issue or revoke Customer credit terms as it sees fit at any time and for any reason.

    7. If the Customer has any amounts outstanding, the Company may at its sole discretion:

      1. require payment in full before delivery of equipment or services (irrespective of any terms of payment previously specified);

      2. take over or repossess any equipment not paid for in full by the Customer;

      3. exercise all rights to such equipment as if it were the owner.

    8. If the Customer fails to pay the Company any amounts owed before 90 days after the Due Date of the relevant amount, the Customer consents to the Company, its servants and agents entering the Customer’s premises, or any other premises, vehicle, vessel or barge where the equipment is located, and using such means as is necessary in order to repossess the equipment. The Customer is liable for the Company’s costs incurred in repossessing the equipment. The Customer also agrees to provide the Company with all reasonable assistance in order to locate and collect the equipment. If the equipment is not available for collection at the nominated time and or place the Customer will be liable for any additional costs the Company may incur. The Company will not be liable for any damages caused by any person in collecting the equipment or incurred by the Customer due to the removal of the equipment.

    9. The Customer is liable for all additional costs the Company may incur, including legal, administrative and debt collection costs to recover overdue or unpaid amounts. The Customer is also liable for de-installation and/or reinstallation costs incurred in relation to recovering goods.

    10. Receipt of a Cheque is accepted as payment for an invoice only if and when the cheque is cashed successfully by the Company.

    11. In the case where payment bounces, it will be treated as if the customer has not made that payment at all, and the conditions stated in Paragraph 4 and its subparagraphs will still apply until valid payment is cleared.

    12. In the case where payment bounces, the Customer will be liable to pay to the Company any costs incurred by the Company due to the  bounced payment and in recovering the amount owing. This is as well as and in addition to any amounts required pursuant to this section.

    13. The Company will pass on to the customer any expenses incurred in receiving money, including inbound payment fees, unless stated or quoted otherwise. Credit card transactions will ordinarily have any surcharges quoted beforehand, however this clause will not bind the Company to quoting these beforehand.

  5. RETENTION OF TITLE

    1. At all times the property in the equipment remains with the company (irrespective of delivery of the equipment to the Customer or fixing of the equipment to the Customer’s premises, vehicle, vessel, barge or property) until the Customer has paid the full invoiced price and any other payments due to the company in respect of the equipment arising out of the associated sale of the equipment and/or services (including but not limited to any amounts detailed in Section 4 above).

  6. CANCELLATIONS

    1. If a Service Call, whether placed orally, by fax, telephone, e-mail, mail or otherwise, is cancelled by the customer at a time less than 12 hours before the time appointed for the service call, a callout fee will be charged at the Company’s standard rate applicable at the time and to the area where the Service Call was to be attended.

    2. Unless prior arrangements have been made, if a Service Call is attended by the company, and the Customer or their representative is not available, the Service Call will be assumed to have been cancelled by the Customer. In this case, a callout fee will be charged at the Company’s standard rate applicable at the time and to the area where the Service Call was attended.

    3. If a Service Call is attended by the company, and the Company is not able to access the Customer’s premesis, vehicle, vessel, barge, or equipment to be worked on (as required), the Service Call will be assumed to have been cancelled by the customer. In this case, a callout fee will be charged at the Company’s standard rate applicable at the time and to the area where the Service Call was attended.

    4. In the case where a contract for services is cancelled by the Customer, the Customer will be liable to immediately pay any unpaid amounts that would otherwise be required to pay under the terms of that contract.

    5. In the case where a contract for services is cancelled by the Customer, the Company will not be required to provide the services which would otherwise have been provided under the contract, regardless of any payments made by the Customer in regards to that contract or the cancellation thereof.

    6. If the resolution to a service call, service request, repair return or other job is “no fault found” or “user error” or otherwise caused by the user, the customer will incur expenses for time and materials expended for the job, the minimum service fee being $60 plus GST.

    7. If a quote is rejected, the customer may incur a quote fee or expenses for time and material costs expended to prepare the quote, the minimum quote fee being $30 plus GST, or in the case of a workshop repair, $60 plus GST.

  7. WARRANTIES

    1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

    2. When a customer requests work to be carried out under Manufacturer’s Warranty, the onus is on the Customer to show that the equipment is actually covered under warranty at the time. If the equipment is not found to be under Warranty or guarantee, the Customer will be charged the applicable rates for any work completed.

    3. The Customer agrees to bear the costs associated with removing and/or returning any goods for verification and/or repair or replacement under Manufacturer's Warranty.

    4. Equipment repaired or replaced under Manufacturers Warranty will be returned to the Customer's recorded address at no cost to the customer.

    5. Notwithstanding the above paragraph, the Company is not liable for any costs associated with a failure or claim under Manufacturers warranty, including but not limited to costs associated with: de-installation, re-installation, shipping, loss of income due to the unavailability or failure of equipment, and other damages or loss due to the unavailability or failure of equipment.

    6. The Company will accept responsibility for warranty claims due to problems with installation if the Company is satisfied that it was their own actions and workmanship (or that of their partner, subcontractor or agent) that led to the fault occurring.

    7. Guarantees on installations and services performed or supplied by the Company are limited to a reasonable amount of time. This will vary according to the nature of the installation, its location and operating environment, but will be no longer than 12 months.

  8. PRIVACY

    1. Please refer to the Invisible Communications Pty Ltd Privacy Policy.

  9. UPDATES TO THESE TERMS

    1. These terms may be altered at any time without notice, however any changes detrimental to a Customer will not be binding until 14 days notice of new terms has been given.