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Term and Conditions


These terms and conditions apply to the sale of goods and all offers made by the Vendor in relation to the Vendor's goods unless varied, amended or cancelled by an Officer or other duly authorised representative of the Vendor.

The Vendee of goods from the Vendor is deemed to have accepted the terms and conditions contained herein by placing and order with the Vendor. The Vendor's failure to object to any term or condition contained in any communication, whether written or oral, from the Vendee, shall not mean those conditions/items are accepted.
 
Unless otherwise specified, terms of trade are ex-warehouse. Property and risks in goods passes to the Vendee at CyTrack® Telecommunications Pty Ltd's premises. The Vendee may, at his option, collect the goods from these premises, or arrange freight on his own behalf. Alternatively, freight will be arranged on the Vendee's behalf by the Vendor at the applicable rate.

Should the account fall beyond trading terms, such goods may be reclaimed by the vendor as payment in kind to the outstanding balance amount. Special Contracts - These conditions apply except when the customer has signed a special agreement with the company - this may exclude various clauses within this agreement. All Terms within this agreement are subject to the Federal/State laws of Australia.


Accounts


All new accounts will operate for at least a period of three (3) months on a 'cash before delivery' basis before they will be considered for credit terms. During this time, any purchase made over one thousand ($1,000) must be paid by cash, credit card, bank cheque or direct deposit. Any cheques returned by the bank either as dishonoured or for representation shall attract a fee of at least thirty ($30) dollars each time. Where the order is paid for electronically, all endeavours shall be made to ensure the confidentiality of such payment details from name of the user, the amount of the invoice and the credit card number offered. No liability is held should the card be utilised by another person representing himself or herself as the owner of offered credit card.

The Vendee's completion of the Application for Credit Terms shall be deemed an authority for the Vendor to check trade references as supplied by the applicant as applicable. A credit account will only be considered after relevant information has been supplied to the Vendor. An application for credit does not necessarily mean a credit account will be granted immediately. Note: All orders even if the Vendee is on credit terms - that exceed five thousand($5,000) dollars - will require a payment of 30% on order and 30% on delivery.

Where credit terms have been extended by the Vendor, the Vendor retains the right to vary or withdraw credit facilities at any time. The company will bear no liability for damage caused by the withdrawal of the credit facility. Payment of credit accounts become due when either the time limit or dollar limit is reached. If accounts are overdue they will be placed on hold until fully paid. The Vendee shall pay all outstanding accounts as per terms - at the Vendor's discretion interest of 13.5% pa may be charged on the balance of all outstanding amounts. At any time that the vendor ceases to be satisfied that the company will be paid, it may cease deliveries and from that moment no liability for damages caused shall be accepted by the vendor.

The Vendor must be notified in writing of any change of address/or ownership.

Where any part of an invoice is in dispute the balance not in dispute will be paid in accordance with the account terms. Any disputed amount must be documented in writing with proof of receipt in writing by the Vendor.

Unless otherwise specified by the Vendor in writing at the time of quotation, all quotations are valid for a period of thirty (30) days from the date of the quotation, and/or may be subject to an increase if the Australian Dollar rate to the US Dollar rate falls by more than .05 cents.

Internet and your Privacy

The company will endeavour to service you in every way. By accessing the vendor's Internet Site there is information that you may offer to the company about your business activities. The vendor shall only use that information as part of this company's business operation. The company will not pass information outside this business.

Your security when using a credit card shall be maintained through encryption standards. If you choose not to pay this way please call, fax or e-mail and we will assist you. Please view the Internet Home Page for further information relating to Internet use ie Copyright. All prices quoted verbally or written are exclusive of GST unless otherwise stated.

Prices

Prices are subject to change without notice or obligation. Orders for price list /Internet goods are binding only when accepted by CyTrack® Telecommunications. Freight charges shall be applicable.

If a customer cancels an order in writing after CyTrack® Telecommunications has accepted the order CyTrack® Telecommunications may simply cancel the order. If CyTrack® Telecommunications has begun to manufacture, the Customer will agree to pay a cancellation fee of 20% of the cost of the ex tax sell price of the goods. If the goods have already shipped the vendee must action through discussion with the vendor re the situation. Note: The price list is covered by the following clause, prices may be subject to change without written confirmation. Such changes may be applied due to currency fluctuations or stock shortage.

Any errors in the invoice or in delivery must be notified to the Vendor within 7 days of invoice. No credits for overcharges or returned stock shall be accepted outside the terms.

Returned Goods


When returning goods, please telephone, email or fax ahead to our Help Desk for a Return Authorisation (RA) number. RA stock must be returned within 14 working days of RA number being issued. Credits will only be issued on goods where the Vendor is notified within 14 days of purchase that the goods are faulty and those goods are returned in the original packing and accessories. Software that has been opened shall not be deemed as accepted for return unless under arrangement of a formal evaluation. Refunds shall be on a credit on account of applicable invoice charge.

All goods being returned to the Vendor are to be sent at he Vendee's expenses. However, warranty goods shall be returned to the customer at CyTrack® Telecommunications Pty Ltd's expense via the courier of our choice.

Goods that are non-warranty of found fault free will be returned to the customer at their expense and there will be a service fee of sixty (60) dollars.

Returning goods for credit, where goods are not faulty will attract a 20% re-stocking fee. No goods will be accepted for credit unless returned within thirty (30) days of invoice date.

Warranty

The Vendor will provide warranty on products as specified by the manufacturer of the goods. All sales items carry warranty activated at time of invoice notification.  These warranty periods may vary depending upon contractual obligations or other warranty agreements.

If goods are under warranty, repair or replacement of the item shall be at the Vendor's discretion.

The Vendor will not be liable for loss incident and/or consequential damage caused by the use of their products. This includes any loss of data resulting from equipment failure. It is the buyer's responsibility to ensure adequate back-ups of data are taken regularly. The Vendor will not be liable for time lost in down-time or subsequent labour charges or loss of profits caused by equipment failure.

The Vendor will not cover under warranty any item that has been mishandled, returned inadequately packed and/or otherwise interfered with by unauthorised personnel. The removal of any serial numbers, factory seals and/or warranty stickers will void warranty. Manufacturer's charges related to voided time delays, handling warranty items shall be borne by Vendee.

The Vendor will not repair under warranty damage caused by operation outside of designed working and storage environments, power surges fluctuations and interference, and external peripherals.

Technical Advice

The vendor shall at all times offer advice or assistance in regards to product specification, performance and implementation. Such assistance is given without liability on the vendor's side and is offered in good faith as a customer service. Whether information is offered through verbal or other media the vendor accepts no liability.

Remedy

The Vendor's liability for remedy of incorrect operating product shall only be limited to return and credit of goods and/or provision of alternative CyTrack® Telecommunications Pty Ltd product and shall not include replacement by or reimbursement towards, provision of alternative non-CyTrack® Telecommunications Pty Ltd product or services.

Acceptance

The placing of an order upon the vendor shall be deemed as acceptance of these Terms and Conditions whether the order is placed verbally, through the Internet, fax or mail.


© 2010 CyTrack Technologies