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HARDWARE - GENERAL
Last Updated 15 September 2011
DEFINITIONS
"ClickView" means ClickView Pty Limited (ACN 106176 514) and its subsidiaries, ClickView Australia Pty Limited (ACN 140 397 584), ClickView Limited (IRD Number. 101 663 051), ClickView Limited (UK Reg. No. 909 8597 64) and ClickView Limited (Company No. 674471-5)
"Customer" means the person or legal entity identified in ClickView's Quotation or Invoice.
"Contract" means a contract for sale by ClickView to the Customer of the products and/or services incorporating the Terms and Conditions.
"Genuine" means manufactured by or for ClickView
"Purchase date" means the shipping date from ClickView or a Service Agent
"Product" means a Genuine Product supplied new by ClickView
1. FORMATION OF CONTRACT
No Contract shall come into existence until the Customer's order has been accepted by ClickView and such acceptance has been received by the customer.
The contract shall have deemed to be concluded at the time and place where such acceptance is received by the Customer.
The Customer warrants that it is buying for its own internal use only and not for re-sale purposes.
The products sold and/or services rendered are subject to the Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer.
The Customer acknowledges that it is aware of the contents of and agrees to be bound by the Terms and Conditions. The customer also acknowledges that these Terms and Conditions may be modified from time to time, and by agreeing to the quote, the Customer is responsible for regularly reviewing these terms and conditions, and agree to any such modification.
These Terms and Conditions are subject to the laws of Australia including without limitation the Trade Practices Act 1974 (the Act).
2. ORDERS, PRICE AND PAYMENT
Customer shall pay for all shipping and handling charges.
Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.
3. TITLE AND RISK
Title to and risk in the products shall pass to the Customer upon delivery of the products to Customer. Title to those products, which are software, shall remain with the applicable licensor(s) at all times.
Customer agrees that, to the extent permitted by law, ClickView exclude all liability for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including without limitation, damages for loss of life, data or profits, arising out of or in any way connected with the use or performance of the ClickView website, the delay or inability to use the ClickView website, the provision of or failure to provide goods or services, or any information, software, products or services obtained through the ClickView website.
4. DELIVERY
ClickView shall deliver the products to the place of delivery designated by Customer and agreed to by ClickView ("Place of Delivery").
ClickView may, at its discretion, deliver the products by instalments in any sequence. Where the products are so delivered by instalments, each instalment shall be deemed to be the subject of a separate contract and no default or failure by ClickView in respect of any one or more instalments shall vitiate the Contract in respect of products previously delivered or undelivered products.
Any dates quoted by ClickView for the delivery of the products are approximate only and shall not form part of the Contract. ClickView shall not be liable for any delay in delivery of the products and/or services, howsoever caused.
ClickView may revise and/or discontinue Products at any time without notice as part of ClickView's policy of on-going Product up-date and revision. Revised or updated Products will have the functionality and performance of the Products ordered. The Customer accepts that ClickView's policy may result in differences between the specification of Products delivered to the Customer and the specification of Products ordered.
5. ACCEPTANCE OF PRODUCTS
Unless the Customer notifies ClickView to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the price of the Products whilst any claim is being investigated by ClickView.
6. WARRANTY
Promptly notify ClickView if the Products need service or are not operating correctly. Failure by the Customer to notify ClickView within two weeks of the Customer first becoming aware of such failure or incorrect working shall free ClickView from any obligations under this Agreement to provide Service and Support. Nothing in this provision affects the Customer's rights in relation to any consumer protection legislation.
Unless specified otherwise and in addition to any rights the Customer may have under statute, ClickView warrants to the Customer that ClickView branded Products (excluding third party products and software), will be free from defects in materials and workmanship affecting normal use for a period of one year from shipping date ("Standard Warranty").
This Standard Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorised by ClickView, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; any attempt by any person other than ClickView personnel or any person authorised by ClickView, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by ClickView.
The Standard Warranty does not cover any items that are in one or more of the following categories: software; external devices; accessories or parts added to the Product after the Product is shipped from ClickView; or accessories or parts that are not installed in the ClickView factory.
During the one-year period beginning on the shipping date, ClickView will repair or replace Products returned to ClickView's facility. The Customer must pay shipping and transportation charges and insure the shipment or accept the risk of loss or damage. ClickView will provide the relevant costs in relation to shipping back to the Customer.
While not affecting any non-excludable warranty or guarantee implied by law, ClickView does not give any warranty that the Products are fit for any particular purpose and this Standard Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law.
The Customer agrees that to the extent permitted by law, in relation to third party products purchased through ClickView, where such of the Products are covered by a relevant manufacturer's warranty, then the Customer will first make a claim against the manufacturer and shall utilise that warranty for the support of such Products and in any event not look to ClickView for such warranty support in the first instance.
7. SERVICE AND TECHNICAL SUPPORT
If Customer purchases optional services and support as listed on Customer's invoice, ClickView will provide the optional service and support to Customer in accordance with the then-current terms and conditions in the optional service contract between ClickView and Customer in addition to the Standard Warranty. ClickView may, at its discretion, revise its general and optional service and support programs and the terms and conditions that govern them.
ClickView has no obligation to provide service or support until ClickView has received full payment for the product or service/support contract for which service or support is requested.
8. LIABILITY
ClickView shall not be liable in contract or in tort for any loss or damage suffered and consumers rights are limited to those set out in these Terms and Conditions and under statute.
To the extent permitted by law and subject to clause 12.7, ClickView's total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.
The Customer shall indemnify ClickView and keep ClickView fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
To the extent permitted by law, ClickView and Customer agree that ClickView will not be liable for Products not being available for use, or for data or software which is lost, corrupted, deleted or altered. ClickView shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services, even if ClickView has been advised of their possibility.
Any service response times stated by ClickView in the service contracts are approximate only and ClickView shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever occasioned.
To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by ClickView shall be subject to correction without any liability on the part of ClickView.
Under the Act, where implied conditions and warranties cannot be excluded, ClickView's liability for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at ClickView's option, to:-
- in the case of products, the replacement of the products or the supply of equivalent products; the repair of such products; the payment of the cost of replacing the products or of acquiring equivalent products; or the payment of the cost of having the products repaired; OR
- in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.
9. RETURNS POLICY
An end-user customer who bought new ClickView products directly from ClickView may return them to ClickView within 15 days of the date of receive date for replacement or a refund or credit of the product purchase price. The refund or credit will not include any shipping and handling charges forming part of the purchase price.
If the Product was bought under a written agreement with ClickView, the agreement may contain different terms for the return of products than specified by this policy. To return products, the Customer must call ClickView to receive a Credit Return Authorisation Number. Arrangements for the return will be made with the Customer at this time. To expedite the processing of the refund or credit, ClickView expects the return of the products to ClickView in their original packaging within five days of the date that ClickView issues the Credit Return Authorisation Number. The Customer must also prepay shipping charges and insure the shipment or accept the risk of loss or damage during shipment.
Returned products must be received by ClickView in as-new or as-shipped-by-ClickView condition, including conformance to the specifications set out in the Customer’s invoice, and all of the manuals, diskette(s), CD(s), DVD(s), power cables, and other items included with a product must be returned with it. The returned goods must be returned in the original packaging. Any goods returned with a carton that has a broken vendor seal or broken security seal may be rejected for credit or incur a non-negotiable 15% re-stocking fee. Unless the product is faulty or the return is a direct result of a ClickView error, a restocking fee may apply of 15% of the purchase price paid, plus any applicable sales tax.
For customers who want to return, for refund or credit only, either software or hardware that has been installed by ClickView, the whole system must be returned, along with any media and documentation that may have been included in the original shipment. The Products and/or Services need to be returned in the same condition in which it was received.
10. POST PURCHASE OBLIGATIONS
During the continuance of this Agreement, the Customer shall
(a) Provide ClickView with full, safe and prompt access to the Products to enable ClickView to carry out its obligations under this Agreement.
(b) Provide adequate working space around the Products for the use of ClickView's personnel and make available all reasonable facilities as may be requested from time to time by ClickView for the storage and safe keeping of any test equipment and spare parts.
(c) Use all reasonable endeavours to provide a suitable vehicle parking facility for use by ClickView's personnel which is free from any legal restrictions and which is immediately close to the Location.
(d) Ensure, in the interest of health and safety, that ClickView's personnel are met promptly by a member of the Customer's staff and while on the Customer's premises for the purposes of this Agreement, are at all times accompanied by a member of the Customer's staff familiar with the Customer's premises and safety procedures.
(e) Make available to ClickView, free of charge, all facilities and services reasonably required by ClickView to enable ClickView properly to provide the Services under this Agreement.
11. TERMINATION OF AGREEMENT
Upon expiry of whichever contract is selected, ClickView’s subscription will be extended until terminated. Termination after expiry of the selected contract term must be by written notice received by ClickView at least one (1) month prior to the termination having effect.
If the Customer chooses to terminate the subscription while still under contract the amount remaining to satisfy Customer contract term will apply.
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