***************************************************************** * MICRONICA * * CONDITIONS AND TERMS OF TRADE * * Copyright (C) * * V1.8.2 2009, V1.8.3 2012 * ***************************************************************** Software/Hardware/Services (hereinafter referred to as "the goods") are supplied by Micronica (hereinafter referred to as "the supplier" or "we") to the customer on the basis of the following terms and conditions. The customer's order and/or purchase and/or use of the goods is deemed to be acceptance of these terms and conditions. These terms and conditions may change at any time without individual notifications but will be on display to all customers and for public access on this web site location, and also individually upon written request. Changes to our terms and conditions will take effect after seven days having been placed on this web site. You can therefore obtain the current latest terms and conditions from our web site at any time or by other means upon written request. You may like to check these most recent terms and conditions on our web site at any time before placing an order. These terms and conditions do not exclude any rights of the purchaser under applicable laws in the state of Victoria. If there is any situation you feel is not adequately covered here, please let us know and we will consider ammending it accordingly. Any condition arising that is not clearly or adequately covered here shall be dealt with under our own sole discretion. * All prices, charges, costs are subject to Goods and Services Tax GST. 10% GST will be charged and added as applicable. * Payment is normally required in advance before goods are shipped unless you have a credit arrangement in place. * Our warranty terms take precedence over warranty terms of any original equipment manufacturer whose goods we supply. * Where we have not been paid in full for the goods and have delivered the goods to the customer then the customer agrees they shall keep the goods as fiduciary on our behalf. * Title to goods passes upon payment in full. If we have not been paid according to the terms outlined herein the customer agrees that we may by our servants or agents enter the premises at which the customer is storing the goods to repossess the goods. The customer shall be held liable for any costs incurred as a result. * In the event of any account outstanding for more than 14 days we may at our discretion place the account due in the hands of a debt collection agency or solicitors. All costs incurred shall be added to the original amount owed as well as any interest due. * The customer agrees to pay interest on any overdue accounts from the day the amount became due at the rate from time to time applied by the National Australia Bank on overdrafts in excess of $100000 plus two percent (2%). * The customer agrees to pay in addition to interest a monthly administration fee on overdue accounts to the sum of $25/month. * Interest on overdue accounts and administration fee is without prejudice to any other rights of the supplier under this agreement. * The customer will comply with terms of any license agreement applicable to any part of the goods and the customer shall not copy the goods in whole or part except for the purpose of backup. * All goods remain the property of the supplier and title to the goods shall not pass to the customer until full payment has been received. * You do not own any of our product in your possession until all of our product you have purchased from us at any time and all other amounts owing by you to us on any account have been paid for in full. Until you have given us full payment, you promise to store and deal with our product in a way that it is clearly identifiable as ours. You grant us an irrevocable licence to enter your premises on any business day to inspect our product in your possession and your books or records regarding our product. If you wish, you may promote and on-sell our product in the ordinary course of business even if ownership of our product has not passed to you. You will hold the proceeds of sale in trust and not by way of security, for and as agent for us in a separate account, you will pay the proceeds to us as soon as you receive them and we have the right to trace and claim such proceeds. You have no right to bind us to any liability to any third party by contract or otherwise. If you use our product in some manufacturing or construction process of your own or some third party, you will hold such part of the proceeds as relates to our product in trust for us. Such part shall be deemed to equal in dollar terms the amount payable or owing by you to us at the time of the receipt of such proceeds. You will also keep separate records and clearly identify in your books your use of our product in such manufacturing or construction process. * The goods shall be at the customer's risk upon delivery. * Delivery shall be deemed to occur upon physical delivery to the customer or if installation is required upon loading or servicing at the customer's premises. The supplier is authorised to deliver and install goods at the address given to the supplier by the customer for that purpose. It is expressly agreed that the supplier will be deemed to have delivered and installed the goods in accordance with its contract if that addressee obtains from any person a receipt or signed delivery docket for the goods or if it can be proven that goods have been delivered to the customer's premises by any other means. * We do not offer a "try and buy" or "try and return" or "try and return for refund" service for any of our products unless specifically arranged and agreed to in advance in writing. In such cases a restocking and retesting fee will apply. * The supplier does not warrant that the goods will be error free, the use of the goods shall be uninterrupted or that the goods will be fit for a particular purpose, even to that for which it is intended to be used. Other than subject to any rights of the purchaser under applicable laws in the state of Victoria. Any liability of the supplier shall be limited to the replacement of the goods or the supply of equivalent goods and in the case of services to the supply of the services again. * It is up to the customer to ensure that goods ordered are suitable for their purpose. We do not accept any responsibility for suitability of goods or compatibility with customer equipment. It is up to the customer to ensure that they order the correct or appropriate product for their particular requirements. We do not provide refunds including but not limited to chosing unsuitable goods for your purpose. * If in doubt and to ensure product suitability for your particular purpose we recommend you arrange for a consultation to discuss and if necessary test and demonstrate products before you purchase to see if it suits your particular purpose and to what degree. We can even arrange an Onsite Field Visit to set up equipment on your particular components and in your environment or set it up in our Service Centre. That way you can make sure it meets your needs before you buy. We can provide this service at our usual consultation and service rates listed on our website or call us to discuss if you are unsure before purchasing. As we do not refund if you decide a product is unsuitable after purchase. We do not do refunds for goods found to be unsuitable for individual applications after purchase. Such as not being fast enough, clear enough, small enough, big enough, slow enough. * Where goods are found "Dead on Arriveal" (DOA) we will endeavour to provide immediate replacement provided that the goods are returned absolutely complete, in complete original packaging, in perfectly new and unmarked condition including the packaging. * In case it is not perfectly clear to you, if goods are found faulty we will repair or replace it. If we find goods not to be faulty we will charge for the service. We will not refund if we are able to repair or replace the item. If this unacceptable to you then please do not buy it. * Satellite Dish Antennas may require a professional installer and Engineer to ensure proper site inspection, installation and operation. We will not warranty Dish Antennas for damage by environmental conditions. Warranty is strictly limited to defects in materials and workmanship. We will not enter into warranty claims where installations have not been completed by suitably qualitifed installers and certified by a qualified engineer who should provide a final "Certificate of Suitability and Approval" that the particular installation is safe and suitbale for the individual environmental and physical cirumstances. Particularly but not limited to mounting and wind conditions. Under no circumstances will we be held responsible for consequential damages to persons or property. * Satellite receiver equipment should be installed by a competent and qualified technician. As items such as LNB, Receiver and other components normally need settings and adjustments to be carefully configured, matched or adjusted. We do not do special configuration or adjustments prior to purchase unless specifically requested, discussed and the additional service is paid for. It is up to the customer to decide if they can do it themselves or not. * We do not do refunds for customer or their technician inability to make products work. If you can not make it work we can provide consultation and service if required at our normal rates. Please do not assume that because you can not make it work that it is therefore automatically faulty. In most cases from our experience items are not in fact faulty. * Satellite TV Reception. We specifically draw the purchaser's attention to the fact that all material broadcast by satellite may be subject to copyright. And we do not guarantee the continued reception of any satellite transponder/service for whatever reason. * Where services have been provided, our judgement as the the appropriate applicable labour rate shall be final. Refer to our labour rates current at the time. * Where services are provided the customer is liable to pay for the service. No dispute will be entered into until after their account has been paid and brought up to date. Even if in their own judgement they feel they did not receive satisfactory service in some way. Our judgement shall be final but we will adjust any amount at our discretion but only after the original amount has been paid. * We do not provide refunds. In the event that we decide at our discretion to provide any refund for goods a minimum handling charge of $120+gst plus delivery costs and other overhead costs will be charged. * In any instance where it is ruled that a refund to the customer is due the supplier will not be held liable for the portion making up any cost relating to delivery, banking charges and handling but only to the actual price of the goods only. * Warranty stickers showing the warranty expiry date and identifying that the product was purchased from us may be attached to products sold by us. This makes warranty claims quick and convenient for you. Under no circumstances may these stickers be removed or damaged. Damage or removal of our warranty stickers automatically voids warranty and no warranty claim consideration will be entered into. * Fair wear and tear damage of product is not covered by warranty. Fair wear and tear damage to our warranty stickers will also be deemed to be product damage by fair wear and tear. And the product item will therefore be not covered by warranty even if within the warranty expiry date. * Labour and handling and delivery cost and any other associated overhead costs required to verify if goods are faulty will be borne by the customer in the even that goods are found not faulty by the supplier. Our judgement as to whether goods are faulty shall be final. Our standard labour and delivery costs apply to verification of alleged faulty goods where we judge them not to be faulty. * Repaired or Serviced goods under warranty or outside of warranty must be collected by the customer within 30 days from advice that goods are ready to be collected. Such advice may by by telephone, fax, post or email. Where goods are not collected and/or paid for within this time we will dispose of the goods 30 days after giving further notice that we intend to dispose of goods unless they are paid for and/or collected within such time in line with our normal practice for uncollected or unpaid goods and the file will be closed permanently with no further correspondence entered into. * Customer orders accepted by the supplier shall be firm and binding and may not be cancelled by the customer without our written consent. Where we accept such cancellation, the customer shall pay all our costs incurred by us in performing the contract up to the date of our acceptance of such cancellation. Such costs shall include but shall not be limited to our costs to procure the product or service of the order, our labour costs at our normal applicable hourly rate and our overhead costs. * We shall not enter into any warranty, replacement or any other claims for goods or services which have not been paid for in full. * Telephone technical support is not included with any of our products but is available seperately at our normal hourly labour rates if required. * Nothing in this agreement shall exclude, restrict or modify any condition, warranty or liability which may at any time be implied by the Trade Practices Act, the Sale of Goods Act or any other law where to do so would render the above provision of this agreement void provided that liability is limited as provided in other clauses. * This agreement will be governed and constructed according to the laws of the State of Victoria, Australia. * Any claim against the supplier will be contested and attended only in the State of Victoria, Australia. * This agreement constitutes the entire agreement between the parties and is not transferable without the written consent of the supplier. * These terms retain maximum effect. If any part of these terms or the contract is found to be illegal, invalid, or legally unenforceable, we and the purchaser agree that those parts will be deleted from the terms as if they had never been agreed. In such event the we and the purchaser agree to do anything which is reasonable and necessary to carry out these terms as originally intended. We and the purchaser agree that the contract will be amended if it is necessary to carry out this clause. * Our normal warranty terms and conditions will apply to equipment which we provide. Warranty is limited to repair or replace goods within the warranty period where we deem or confirm goods to be faulty after our normal test process. Not refund unless the item supplied or equivalent is no longer available. A Service Fee will apply to goods deemed as not faulty following our testing. * Goods sent for warranty repair and service will be deemed not to be faulty where the alleged faulty goods perform in a way similar or identical to another sample of the same item or pass our normal tests. * We will not be held liable for inability to supply any goods or products on time and in the manner required where such inability to supply is beyond our control. * We will not be held liable for direct or indirect costs incurred in circumstances where a substitute product or service has to be sourced from another supplier. * Any returned goods must be accompanied with an R.M.A. (Returned Material Authorisation) issued by us prior to return or they may not be accepted. * We will not be held liable for any consequential loss or damages arising from the use of our goods and services under any circumstances. * In any case of any claim arising against us we will not be held liable for any amount beyond the cost of actual goods or services provided in any one particular instance. * The customer shall indemnify us against all claims, costs, damages, and expenses incurred by us for which we may become liable as the result of the carrying out of work on or to goods and services in accordance with the requirements of specification which the customer requires, including any infringement or alledged infringement of any patent or other industrial or intellectual property or right vested in any person, firm, company or body. * When returning goods under warranty or any other purpose it is up to the customer to deliver to and collect goods from our premises or arrange their own courier at their own expense unless we agree to use our own means of delivery. Warranty does not include freight to or from customer. Even in the event that goods are faulty on arrival. This applies even if customer chose to use their own or our courier when goods were purchased. Delivery when purchasing has nothing to do with return delivery for warranty and out of warranty claims. * Payment can be made in person, by postal cheque, bank deposit or Visa, Bankcard or Mastercard credit cards (add 3% for credit cards). * Credit card authorisation for any one payment on any and all goods and services that we provide is also deemed to be authorisation for future payments, automatically, as they fall due or become overdue, on any or all of the customer's due debts. Including but not limited to internet access services, purchase of goods and provision of labour services. We reserve the right to debit one or several credit cards provided to us from time to time if one card has insufficient funds and is declined, to meet the debt in full. ----- // -----