LUMINA BROADCAST SYSTEMS – TERMS AND CONDITIONS OF SALE
Acceptance of Order and Expiry Date
Orders are accepted only upon and subject to the Sellers conditions as printed herein. Please include on your order: the PO number, RMA number for repairs, delivery address, billing address and the name, telephone number and fax number of the person responsible for paying the invoice. Prices quoted include duty into Australia if applicable, exclude GST and are valid for 30 days. Delivery charges are included unless specified. Unless expressly accepted in writing, any qualification of these conditions, by the buyer, in any written or printed documents, or otherwise, shall be inapplicable. Unless previously withdrawn Lumina Broadcast Systems Australia Pty Ltd quotation expires 30 days after the date thereof. No binding contract shall be created by the acceptance, on the part of the Buyer, of a quotation or offer made by Lumina Broadcast Systems Australia Pty Ltd, until Lumina Broadcast Systems Australia Pty Ltd shall have given notice of the acceptance of the order, in writing.
Prices are stated in AUD and based on the exchange rate shown on our quotation. Any variation in the exchange rate and the rate paid at the date of invoicing will be to your account.
Terms of Business
Unless otherwise stated prices quoted are net and accounts are due for payment 30 days; Lumina Broadcast Systems Australia Pty Ltd reserves the right to charge interest at an APR equivalent to the current Westpac Interest Rate plus 2% on all overdue accounts, if we are not paid according to agreed terms. Any interest will be added to the account on a daily basis.
Shortages damage and or Loss in Transit
No claim for non-delivery of part of a consignment or of damage in transit will be entertained unless a separate notice in writing is given to the carrier and to Lumina Broadcast Systems Australia Pty Ltd within three days and a complete claim is made to Lumina Broadcast Systems Australia Pty Ltd within five days. Any breach of these conditions shall disentitle the Buyer to any allowance in respect of the claim.
Default in Payment
Should default be made by the Buyer in paying any sum due under any contract as and when it becomes due or should the Buyer be in breach in any respect of the contract entered into, Lumina Broadcast Systems Australia Pty Ltd shall have the right with or without notice in the discretion of the Lumina Broadcast Systems Australia Pty Ltd either to suspend all further deliveries until the default be made good Or to determine any contract then subsisting so far as any further goods remain to be delivered without prejudice to any claim or right Lumina Broadcast Systems Australia Pty Ltd might otherwise make or exercise.
The ownership of goods supplied by Lumina Broadcast Systems Australia Pty Ltd in accordance with any contract will only pass to the Buyer when all Monies owed to Lumina Broadcast Systems Australia Pty Ltd for those goods have been paid.
Recovery of Possession
If the Buyer fails to pay any invoice in respect of any goods supplied by Lumina Broadcast Systems Australia Pty Ltd within 30 days of its receipt, Lumina Broadcast Systems Australia Pty Ltd shall have the right to repossess all goods supplied to the Buyer, whether they have been paid for or not to the value of all Monies owed.
Subject to agreement prior to acceptance of orders. Customers who do not have credit accounts must pay 100% prior to shipment. Credit accounts are given subject to status and only on completion of a formal application which has been duly signed by an office of the applicant company. Prices quoted include Australian local duties/taxes, exclude GST and are valid for 30 days. Payments may be made by Cash, Cheque, and Electronic Funds Transfer. Our bank details are shown on all invoices and quotations.
Lumina Broadcast Systems Australia Pty Ltd warrants that we have a licence to supply all products to you. If any of the products (other than software) are defective in materials or workmanship under normal operation or service during the period of 12 months from delivery, such products will be repaired or replaced only according to the warranty cover and terms provided by the manufacturer provided that no unauthorized modifications to the products or the system of which the products form part have taken place. Field services may be provided at our option if a reasonable effort by your qualified technical personnel has not corrected the problem. You must pay all travel and living expenses associated with such field services provided by us or the manufacturers personnel. We are not responsible for the cost of labour or other expenses incurred in repairing or replacing defective or non-conforming parts. We will not consider any claim for refund, or compensation until liability, if any, has been established or agreed with the manufacturer.
If you purchase services as part of the deliverables, we warrant all workmanship for a period of 12 calendar months from completion of performance as certified by Lumina Broadcast Systems Australia Pty Ltd.
Lumina Broadcast Systems Australia Pty Ltd Terms and Conditions of Sale, March 2009. Version 2.