These terms of sale shall apply to all invoices issued by Intercel Pty Ltd unless amended in writing by an authorised officer of Intercel Pty Ltd. By accepting delivery pursuant to any purchase order placed on Intercel Pty Ltd the customer accepts these terms & conditions herein. These terms & conditions supersede all previous terms & conditions imposed by Intercel Pty Ltd and override any Terms & Conditions of purchase submitted by the buyer.
- Intercel warrants that the products are newly manufactured.
- Intercel warrants that from the date of supply of the product it is believed that the equipment is free from defects in materials and workmanship.
- The customer shall notify Intercel Pty Ltd in writing of any such defect or alleged defect in the equipment within 14 days of discovery of such defect.
- For the period of 12 months from the date of supply, Intercel Pty Ltd shall use its best endeavours to replace or repair at its own option and its own expense equipment which it finds to be defective and which has been notified in writing in accordance with Clause 3.
- Intercel shall not be liable under Clause 4 if the defect is as a result of:
- Improper use or mismanagement or accident or neglect by the customers;
- Operation of the product other than in accordance with the Operating Manual or direction by Intercel Pty Ltd;
- Use of the product in a manner not reasonably contemplated by Intercel Pty Ltd;
- Modification or integration of the products not authorised by Intercel Pty Ltd
- Use the product in a manner contrary to law;
- Subjection of the equipment to unusual or un-recommended physical environmental or electrical stress;
- Integration with other software or hardware not approved by Intercel Pty Ltd or;
- The failure of the network used in conjunction with the product.
- The customer warrants that there has been no reliance upon Intercel Pty Ltd’s skills or judgement or written or oral representations in deciding whether the equipment is fit for a particular purpose or shall meet particular performance criteria.
- Except as expressly provided to the contrary in this agreement Intercel Pty Ltd shall not be under any liability to the customer in respect of any loss or damage (including consequential loss or damage), however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the supply of goods or services pursuant to this agreement or the failure or omission on the part of the Intercel Pty Ltd to comply with its obligation under this agreement.
- It is the customers’ responsibility to check for available updates on the Intercel Pty Ltd website.
- Except as expressly provided to the contrary in the agreement, all terms whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement implies to this agreement generally, are excluded. Where any Act of Parliament prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such term shall be deemed to be included in this agreement. However the liability of Intercel for any breach of such term shall, if permitted by that Act be limited, at the option of Intercel, to any one or more of the following.
- If the breach relates to goods;
- replacement of the goods or the supplier of equivalent goods
- the repair of such goods
- the payment of the cost of replacing the goods or acquiring equivalent goods or;
- the payment of the cost of having the goods repaired; and
- If the breach relates to services;
- the supplying of the services again or;
- the payment of the cost of having the services supplied again;
- If the breach relates to goods;
- The customer warrants it has not relied on any representation made by Intercel Pty Ltd which has not been stated expressly in this agreement or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Intercel Pty Ltd.
- Intercel Pty Ltd and its suppliers and contractors reserve the right at any time to without notice make changes or improvements to the products and services offered and/or cease producing or commercialising them.
- In the event that products are returned for repair, unless otherwise stated Intercel Pty Ltd will install the most recent versions of the compatible software as an automatic upgrade to the products. The warranties and exclusions detailed above shall apply to any such upgrade.
Account Holders – Payment terms are strictly 30 days from date of invoice. If the customer fails to make payment by the due date Intercel Pty Ltd shall be entitle to:
- Withdraw credit facilities
- Adjust customers credit limit
- Cancel the order or suspend any future deliveries
Intercel Pty Ltd reserves the right to charge interest at a rate of 10% per annum calculated on a daily basis from day payment is due until the day payment is made in full.
Non-Account Holders – Payment must be prior to goods being released for delivery by one of the following methods: Cash, cheque, credit card, direct deposit or telegraphic transfer.
Title of Goods
Title of the goods shall only pass to the customer following payment of the relevant Intercel Pty Ltd invoice. Intercel Pty Ltd retains ownership of same goods and reserves the right to reclaim these goods from the customer’s premises if the invoice is not paid within the terms of contract.
Prices quoted in writing by Intercel Pty Ltd will be firm for a period of 30 days. Listed prices are subject to change without notice. All prices quoted are ex GST unless otherwise stated.
Transport & Insurance
Intercel Pty Ltd uses its own preferred carrier unless an alternative carrier is specifically requested by the customer. Please note that this may result in delays in shipment.
Responsibility for the goods passes to the customer once the goods have been passed to the courier. Insurance liability is therefore that of the customer.
Cancellations of Orders
Intercel Pty Ltd will not accept any cancellation of orders unless by prior arrangement and then only upon terms which will compensate Intercel Pty Ltd for the cost of cancellation. Restocking fees may therefore apply.
Prior authorisation is required before any goods will be accepted for credit (ie. Cancellation of order after goods received). Claims will not be recognised unless made within 14 Days of receipt of goods.
Except for the return of faulty or incorrectly supplied goods, all goods returned for credit will incur a restocking fee the greater of $75 or 5% of invoice value plus freight costs. Returned goods will only be accepted if returned in original saleable condition.
Returning Goods For Repair
Goods returned for credit will not be accepted unless prior authorisation is obtained from Intercel Pty Ltd and an RA No. issued. Original invoice no & date of purchase must be quoted.
The customer accepts liability for freight costs for the return of warranty repair or replacement of faulty goods without exception. Cost of carriage of returned, repaired or replaced product under warranty will be sent back to the customer at Intercel Pty Ltd’s expense.
Please note that No Fault Found on returned products will incur a $27.50 inc GST charge.