Service and Repairs Terms and Conditions
Definitions and interpretation
Additional Charge means:
- fees or charges for additional work performed at the Customer's request or reasonably required as a result of the Customer's conduct, calculated in accordance with the Supplier's then current prices; and
- expenses incurred by the Supplier, at the Customer's request or reasonably required as a result of the Customer's conduct.
Business Daymeans a day that is not a Saturday, Sunday or public holiday in the place where the Services are principally being carried out or the Goods provided.
Customermeans the person identified on a Quote or Order as the customer and includes the Customer's agents and permitted assigns.
Goodsmeans any goods supplied by the Supplier including those supplied in the course of providing Services.
Intellectual Property Rightsmeans intellectual property rights at any time protected by statute or common law, including copyright, trade marks, patents and registered designs.
Lossincludes, but is not limited to, costs (including party to party legal costs and the Supplier's legal costs), expenses, lost profits, award of damages, personal injury and property damage.
Ordermeans a purchase order for Goods or Services placed by a Customer in response to a Quote and as varied in writing from time to time by the parties.
- the Personal Property Securities Act 2009 (Cth) ( PPS Act ) and any regulation made at any time under the PPS Act (each as amended from time to time); and
- any amendment made at any time to any other legislation as a consequence of a PPS Law.
Quotemeans a written description of the Goods or Services to be provided, an estimate of the Supplier's charges for the performance of the required work and an
estimate of the time frame for the performance of the work.
Servicesmeans the services to be provided by the Supplier to the Customer in accordance with a Quote and these terms of trade.
Suppliermeans the entity specified as the supplier of Goods or Services on the Quote and includes the Supplier's agents and permitted assigns.
In these terms of trade, unless the context otherwise requires:
- a reference to writing includes email and other communication established through the Supplier's website (if any);
- the singular includes the plural and vice versa;
- a reference to a clause or paragraph is a reference to a clause or paragraph of these terms of trade;
- a reference to a party to these terms of trade or any other document or arrangement includes that party's executors, administrators, successors and permitted assigns;
- where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
- headings are for ease of reference only and do not affect the meaning or interpretation of these terms of trade; and
- if the date on which any act, matter or thing is to be done falls on a day which is not a Business Day, that act, matter or thing:
- if it involves a payment other than a payment which is due on demand must be done on the preceding Business Day; and
- in all other cases, must be done on the next Business Day.
- These terms of services apply to all transactions between the Customer and the Supplier relating to the provision of Goods and Services. This includes all quotations, contracts and variations. These terms of trade take precedence over terms of trade contained in any document of the Customer or elsewhere.
- The variation or waiver of a provision of these terms or a party's consent to a departure from a provision by another party is ineffective unless in writing signed by the parties.
- The Supplier may amend any details in a Quote by notice in writing to the
Customer. Such amended details supersede any relevant prior detail in dealings between the parties.
- FrameLight Service division charge a minimum repair and/or servicing fee of $200 inc gst
- Any repairs up to the value of $200 will be carried out without consultation unless requested by customer prior to commencing repairs and /or servicing.
- Prior to completing any repairs required over the value of $200, FrameLight Service and Repair division will contact customer for authorisation.
- If customer does not wish to proceed, the minimum fee will be charged to customer and equipment/stock returned.
- The Supplier may provide the Customer with a Quote. Any Quote issued by the Supplier is valid for 30 days from the date of issue.
- Unless otherwise expressly agreed in writing, a Quote does not include delivery or installation of the Goods.
- Quotes are based upon the cost of materials available at the time of preparation of the Quote and assume the timely supply by the Customer of necessary material and instructions to the Supplier.
- Following provision of a Quote to the Customer, the Supplier is not obliged to commence work until the Quote has been accepted by the Customer. This occurs by the Customer completing an Order form and returning the form to the Supplier.
- The Supplier reserves the right to amend any Quote before the Order has been completed to take into account any rise or fall in the cost of completing the Order. The Supplier will notify the Customer of any amendment as soon as practicable, at which point the amended Quote will be the estimate or Quote for the purposes of these terms of trade.
- An indication in a Quote of the time frame for the provision of the Goods or Services is an estimate only and is not a fixed time frame. Subject to any obligations in respect of consumer guarantees under the Australian Consumer Law (ACL), this estimate is not binding upon the Supplier.
- Every Service and Repair Order by the Customer for the provision of Goods or Services must be submitted in writing on the Supplier's standard Order form.
- A Service and Repair will only be deemed to be placed by the Customer if the Order form clearly identifies the Goods or Services required and the Supplier's Quote for service and repairs. Any costs incurred by the Supplier in reliance on incorrect or inadequate information provided by the Customer in an Order may result in the imposition of an Additional Charge.
- Service and Repair Orders must be authorised by a representative of the Customer and must specify the required date of delivery.
- Placement of an Order by the Customer signifies acceptance by the Customer of these terms of trade and the most recent Quote provided by the Supplier relating to that Order.
- The Supplier may in its absolute discretion refuse to provide Goods or Services where:
- Goods and spare parts are unavailable for any reason whatsoever;
- credit limits cannot be agreed upon or have been exceeded; or
- payment for Goods or Services previously provided to the Customer or any related corporation of the Customer or to any other party who is, in the reasonable opinion of the Supplier, associated with the Customer under the same or another supply contract, has not been received by the Supplier.
- An Order that is placed in conjunction with the service and/or repair cannot be cancelled without the prior written consent of the Supplier. Where an Order is cancelled, the Customer indemnifies the Supplier against any Losses incurred by the Supplier as a result of the cancellation. This includes, but is not limited to, loss of profit from other orders foregone as a result of the scheduling of the Order which is subsequently cancelled.
- The Customer may request an order be varied by providing a request in writing to the Supplier. A request for a variation must be agreed to in writing by the Supplier in order to have effect.
- If the Customer wishes to vary its requirements after a Quote has been prepared by the Supplier or after the placement of an Order, the Supplier reserves the right to vary the Quote to include any Additional Charge in respect of any extra costs incurred or additional work carried out due to the variation, in accordance with its then current charge rates. A revised Quote issued by the Supplier in respect of the requested variation supersedes the original Quote. If the revised Quote only specifies additional work, the Quote for that additional work will be in addition to the immediately preceding Quote for the Goods or Services or both.
- The Supplier has an automatic extension of time for the provision of the Goods or Services equal to the delay caused by the variation.
Invoicing and payment
- The Supplier may in its absolute discretion, issue an invoice to the Customer in any one or more of the following ways:
- prior to commencing the provision of the Goods or Services, for an amount equal to the Quote and Additional Charges where the Supplier has not previously carried out work for the Customer or where the Supplier chooses to do so;
- at the end of each week before the Order is completed, the Supplier may
issue one or more invoices for a proportion or the whole of the amount of the Quote (the proportion to be calculated at the Supplier's discretion either for work done to that point, work in the future or both) and require that proportion of the Quote be paid in advance of any further Goods or Services being provided; or
- upon completion of the provision of the Goods or Services or any time thereafter, for an amount equal to the Quote or the balance of the Quote outstanding, any Additional Charges and any amount not previously invoiced, or if no Quote was provided, for an amount representing the Supplier's charge for the work performed in completing the Order and for any Additional Charges.
- The amount payable by the Customer will be the amount set out in the invoice. This will be calculated as:
- the amount for the Goods or Services (or both) as set out in the Quote and any Additional Charges, or
- where no Quote has been provided by the Supplier, the Supplier’s usual charges for the goods or services (or both) as described in the Order.
- The Customer must pay an invoice issued by the Supplier to the Supplier within the agreed terms of payment (prepaid or account).
- If any invoice is due but unpaid, the Supplier may withhold the provision of any further Goods or Services until overdue amounts are paid in full.
- The Supplier may in its complete discretion apply any payment received from the Customer to any amount owing by the Customer to the Supplier.
- The Customer is not entitled to retain any money owing to the Supplier notwithstanding any default or alleged default by the Supplier of these terms of trade, including (but not limited to) the supply of allegedly faulty or defective Goods, provision of Services to an inadequate standard or a delay in the provision of Goods or Services. Nothing in this paragraph affects the Customer's rights for any alleged failure of a guarantee under the ACL.
- The Customer is to pay the Supplier on demand interest at the rate of 10% per year on all overdue amounts owed by the Customer to the Supplier, calculated daily.
- All costs and expenses associated with collecting overdue amounts, including (but not limited to) legal fees and internal costs and expenses of the Supplier, are to be paid by the Customer as a debt due and payable under these terms of trade.
- The Customer and the Supplier agree to comply with their obligations in relation to Goods and Services Tax (GST) under the A New Tax System (Goods and
Services Tax) Act 1999 and any other applicable legislation governing GST.
- The Supplier may require the Customer to pay Additional Charges in respect of Costs incurred by the Supplier as a result of reliance on inadequate or incorrect information or material provided by the Customer or information or material supplied later than required by the Supplier in order for it to provide the Goods or Services within the specified time frame (if any).
- The imposition of Additional Charges may also occur as a result of:
- cancellation by the Customer of an Order where cancellation results in Loss to the Supplier;
- Courier, packing or handling charges not included in the Quote;
- Government or council taxes or charges not included in the Quote; or
- additional work required by the Customer or any other occurrence which causes the Supplier to incur costs in respect of the Customer's Order additional to the quoted cost.
Acceptance of Goods
If the Customer fails to advise the Supplier in writing of any fault in Goods or failure of Goods to accord with the Customer's Order within 24 hours of delivery, the Customer is deemed to have accepted the Goods and to have accepted that the Goods are not faulty and accord with the Customer's Order. Nothing in this paragraph affects the Customer's rights for any alleged failure of a guarantee under the ACL.
Intellectual Property Rights
- The Customer warrants that it owns all Intellectual Property Rights pertaining to its Order for Goods or Services or has a licence to authorise the Supplier to conduct servicing and repairs as required.
- Unless specifically agreed in writing between the Supplier and the Customer, all Intellectual Property Rights in any works created by the Supplier on behalf of the Customer vest in and remain the property of the Supplier.
- Subject to payment of all invoices due in respect of the Goods or Services, the Supplier grants to the Customer a perpetual, non-exclusive licence to use the works created or produced by the Supplier in connection with the provision of Goods or Services under these terms of trade for the purposes contemplated by the Order.
In addition to the express rights of termination provided in these terms of trade, a party may terminate these terms of trade by giving 7 days written notice to the other party.
Exclusions and limitation of liability
- The Customer expressly agrees that use of the Goods and Services is at the Customer's risk. To the full extent allowed by law, the Supplier's liability for breach of any term implied into these terms of trade by any law is excluded.
- All information, specifications and samples provided by the Supplier in relation to the Goods or Services are approximations only and, subject to any guarantees under the ACL, small deviations or slight variations from them which do not