TERMS AND CONDITIONS OF SALE OF FIBRE & DATA INDUSTRIES PTY LTD  (“the company”)

1. TERMS OF PAYMENT

 Unless otherwise stated, the terms of payment are net cash fourteen days from date of invoice. Payment shall be made against each part of the order as delivered.  If a purchaser fails to comply with any terms of payment or requirements to secure payment, the company reserves the right to withhold further deliveries or, at its option, terminate the order and any unpaid amount shall then become immediately due.  Any costs incurred to recover any outstanding debts will be entirely the responsibility of the client.  All queries in respect of the invoice shall be given to the company in writing within fourteen days of the date of the invoice, otherwise the purchaser will be deemed to have accepted the goods in satisfaction of the purchaser’s order.  The company shall not be obliged to provide any further breakdown of the order.  In the event that the purchaser requires a breakdown of an order, then upon payment of the company’s costs of administration charged at $95.00 per hour, the further breakdown will be provided to the purchaser.

2. RETENTION OF TITLE

 Ownership and property in the goods delivered remains with the company until it has received payment in full of all money owing by the customer.  All goods that have not been fully paid for must be stored separately from other property, so that they are identifiable.

 If payment is not made by the due date the company shall, without prejudice to our other remedies, be entitled to enter any premises where the goods are or are reasonably thought to be, and retake possession of the goods and hold them until payment in full has been received, or to re-sell the goods and to recover the deficiency on the re-sale plus costs of repossession from the customer.  The purchaser may sell the goods in the ordinary course of business, provided that in doing so the purchaser makes the sale as our agent/bailee, and that the purchaser holds the proceeds of sale on trust for us, and if such proceeds are not received, the purchaser assigns us its rights from the sale immediately upon request.

3. TIME OF DELIVERY

 Unless otherwise agreed, the time of delivery is calculated from the date of receipt of all details necessary for the execution of the order.

4. PLACE OF DELIVERY

You shall collect all goods ordered from our place of business unless specifically agreed to the contrary.

5. INSURANCE

 The company is under no obligation to insure the goods after they have left its place of business, after which the goods will be at the purchaser’s risk.

6. SERVICE

 Any service or advice which may be offered by the company, its servants or agents to users of its product is rendered in good faith and the company shall not be liable for any loss or damage arising there from.  All goods and services will be provided by the company in merchantable quality, and fit for the purpose for which the company is aware that they are intended to serve.

7. PRODUCT SPECIFICATION

 The company reserves the right to discontinue and to modify designs and change specifications of any product included in its price list. 

8. SPECIFICATION AND DRAWINGS

 Every effort is made to ensure that specifications, drawings and other information in correspondence, catalogues, etc are correct and accurate, but no warranty is given in respect of them, and the company shall not be liable for any error in them.

9. CLAIMS

 Claims for shortages of goods should be made immediately upon receipt of goods and no claim will be recognised unless made within 7 days from receipt of the consignment in respect of which the shortage is alleged.  Claims for goods not received must be made within 30 days of order of the goods and reference made to the appropriate order number.

10. RETURN OF GOODS FOR CREDIT

 Goods supplied by the company will not be accepted for return unless delivered within 21 days of receipt in good order and condition stating invoice number, date of supply and reason for return and with prior approval from the company, and return freight prepaid by the purchaser.  Goods returned for credit will be subject to a credit service fee, and any costs of restoring the relevant products so they are, in the opinion of the company in a saleable condition.  No products made to special order may be returned for credit, unless they do not comply with paragraph 5. 

11. WARRANTY

 A guarantee is furnished for our product in that we undertake to repair or replace free of charge products or parts, which have become unusable owing to defects or workmanship which contravene paragraph 5.  The guarantee only applies for one year from the date that the product or part was put into service, not being more than one year from the date of delivery.  The purchaser at their own cost should return such parts or products to the company within the abovementioned time periods, stating the date of purchase and invoice number.  The parts and products may be examined for the purpose of ascertaining the extent of the damage and the justice of the claim. The company warranty does not cover defects due to normal wear and tear, lack of care, overload, faulty installation or products subjected to operating or environmental conditions contrary to any applicable specifications or other circumstances beyond our control (i.e. natural products such as timber).  The company shall not be liable, nor shall there be any remedy against it for any consequential loss, damages, costs, expenses, labour charges or any other injury or harm whether in respect of loss of profits, loss of business, unavailability of goods or otherwise.  All goods replaced or repaired under the warranty will be supplied and returned at no charge to the purchaser.  Service and/or repair to goods deemed under warranty will only be carried out between 8:30am and 4:00pm Monday to Friday.  Any service/repair required outside the above hours will incur a charge relevant to our callout rates.  This agreement does not operate to detract from any remedy or warranty provided by the Sale of Goods Act (Qld), Fair Trading Act (Qld) or Trade Practices Act (Cth).

12. GOODS OR PARTS OUTSIDE WARRANTY

 All parts required, and goods for repair and outside warranty should be sent to Fibre & Data Industries Pty Ltd, Unit 10/43 Links Ave Eagle Farm QLD 4009, Ph: (07) 3268 7735, Fax (07) 3268 1703 at the purchaser’s cost.