Conditions - Default title

Terms & Conditions

Product Pricing:
Whilst every effort is made to ensure product pricing is correct at all times errors can occur. If there has been an error we will will advise you. Pricing is subject to change without notice. If there is a dispute about pricing and any money has been paid your money will be refunded.

Product Descriptions and Images:
Whilst every effort is made to ensure product images and descriptions match the product actually delivered the process for generating product descriptions and images is largely automated and errors can occur. In order of precedence customers should take the product title, and part number as the main reference, followed by the written description of the product. Images are collected from supplier sites generally in an automated fashion, and are there for illustration only. In some cases suppliers can change the outward appearance of products without notice, or the outward appearance may vary. In some cases the suppliers may have provided an incorrect image. Although every attempt is made to ensure images are correct images should always be treated with caution. Where possible the original manufacturers site should be checked.

InfoComm Engineering does not warrant the accuracy, completeness or currency of any information in this website and does not accept any responsibility for any direct or indirect loss, damage or expense incurred by you as a result of (a) any error, omission or misrepresentation in any information (including any data, prices, graphics, video and images) in this website or (b) any decision you make in reliance upon the information contained in this website.

The information contained in this website is provided in good faith and is illustrative only. Nothing in this website constitutes a warranty of the products or their in store price. You acknowledge that InfoComm Engineering may amend, add or remove any information in this site at any time without notice. You may not copy or use any part of this website without the express written consent of InfoComm Engineering.

This website has been created under Australian law. Any monetary amounts are expressed in Australian dollars and include any applicable taxes unless otherwise stated.

Who do you make payments to:
All cheques, direct deposits must be made to "InfoComm Engineering" only.

Cash Only for items picked up in person. Do not post cash.

Bank Cheque or money order Can be posted or used for pickups.

Direct Deposit Funds are paid directly into our bank account and must be cleared. Bank details are shown below.

Credit Cards We regret that due to the large number of fraudulent transactions being made by credit card we have had to implement the following restrictions on credit card transactions.

Credit Card payment is via PayPal only - except by arrangement
Payment is via PayPal which uses a secure web site for transactions. We are notified almost immediately, but it does take about three to five days before we receive your money. You do not have to register with PayPal to use their services, but you do need to register on our website. If you are not registered with PayPal select the "Do not have an account" option below the requested logon email & password box.

COD by Australia Post and by arrangement only. No bulky items, maximum of 20Kg (subject to physical size) and limited to $750.00.
Cheques Personal and Business cheques must be cleared before goods will be shipped. Pickups require pre-cleared funds, Cash, Bank Cheque or Postal Order.

EFTPOS is not available.

B-Pay is not available.

Bank Details
Commonwealth Bank,
Highpoint City, VIC

InfoComm Engineering
BSB Number: 063-240
Account No: 1011-8505

Refunds, Returns and Warranty

All goods sold have a manufacturers warranty. If you wish to make a warranty claim, you must contact us prior to making the claim. For some items, you will have to make your claim direct to the manufacturer. For other items we will provide the warranty or submit the item to the manufacturer for you. In all instances you are responsible for freight to an from InfoComm Engineering. In no circumstances will a Warranty claim be processed without return of the original product.

Goods will not be returned until return freight is paid for.

If an item is returned and is found not to be faulty there will be a charge depending on the supplier which you will have to pay prior to return of the item.

We advise customers to choose carefully as we do not give refunds except under special circumstances. We do not give refunds because you have chosen the wrong product. We do not give refunds for things that are not specified and you did not ask. We do not give refunds because the product does not meet your specific needs. It is up to you to check and ask the right questions. We do give refunds when we cannot supply or we have supplied a product which is dead on arrival and cannot be replaced.

Special Orders

Special Orders are not refundable and may not be cancelled. Special Orders include:

  • all items that are out of stock and specifically ordered for a customer
  • orders for large quantities where the number of units required is not normally held
  • items that have to be specifically ordered in and have lead times advised to the customer
  • all items where the customer is advised the product is being manufactured to meet their order
  • all items that are variations of or modifications to a standard product including kits that must be assembled to provide all required components.

General Terms and Conditions

1. DEFINITIONS

a. "InfoComm" InfoComm Engineering owned and operated by Graeme G. Glenn
b. "(The) Customer" The person or firm or company purchasing equipment from InfoComm.
c. "(The) Equipment" The Equipment means the products and or services the subject of a contract of sale to which these Terms and Conditions of Sale apply.
d. "(The) Conditions" The Terms and Conditions of InfoComm herein contained relating to the supply of the Equipment and or Services.
e. "(The) Order" The order placed by the Customer for the supply of the Equipment and or Services.
f. "GST" Goods and Services Tax payable under "A New Tax System (Goods and Services Tax) Act 1999.
g. "Reseller" means a person who sells to end users.

2. ORDERS

All orders are deemed to have been made by the Customer and accepted by InfoComm upon and subject to these Conditions as augmented by any express terms and conditions agreed in writing. Subject to Clause 12 below all other terms and conditions, warranties, guarantees and reservations (express or implied, statutory or otherwise) are hereby expressly excluded.

3. PRICES

The total price to be paid by the Customer is the total of the GST exclusive value and the GST.

Our standard hourly rate for service and programming except if agreed otherwise is $99.00 IncGST. This does not include rates for repair which may require a vendor to repair or other special services.

4. PAYMENT

4.01 The Customer shall make payment in full without any deduction or withholding whatsoever on any account within that period shown on the face of this invoice or at some later date following invoicing which must be clearly evidenced in writing as having been agreed between InfoComm and the Customer.
4.02 If payment is not received in full when due, the Customer shall pay interest on the unpaid amount at a rate of 2.0% per month or part there of from the date of the original invoice. The Customer shall also pay an accounting fee of $25 due one month after the original invoice and each month thereafter. For COD accounts and accounts these fees and charges shall apply after 7 days. For accounts less than 30 days these fees shall apply after the due date. After 90 days, or 30 days for accounts less than 30 days, the account shall be assigned to a Debt Recovery Service and will incur fees and charges, legal fees, search fees and court costs which will be borne by the Customer. Debt Recovery fees, charges, legal fees, search fees and court costs are in addition to the outstanding amounts of the original invoice, accounting fees, interest and other charges.
4.03 If payment is to be made by installments the failure of the Customer to pay an installment in due time shall entitle InfoComm to treat such failure as a repudiation of the whole contract by the Customer and to recover damages for breach of contract.
4.04 InfoComm reserves the right to defer without penalty delivery of any Equipment which has been ordered by the Customer so long as any amount remains overdue for payment or any credit limit is exceeded.
4.05 No claim by the Customer in respect of the Equipment or Services comprised in one delivery of Equipment or Services shall entitle the Customer to withhold payment of the whole or any part of the price payable in respect of any other delivery of Equipment and or Services
4.06 All sums unpaid by the Customer shall become immediately due and payable and any permission granted to the Customer under sub-clause 5.07 to sell the Equipment shall forthwith terminate in the event that the Customer fails to observe any of the terms of the contract or compounds with its creditors or becomes bankrupt or has a receiver appointed on all or any part of its assets or business or suffers the presentation of a winding up petition, or passes a resolution for its winding up (otherwise than for the purpose of amalgamation or reconstruction) or suffers any distress or execution to be levied or threatened on any of its assets or fails to satisfy any judgment against it within 14 (fourteen) days or in the opinion of InfoComm is unable to pay its debts.

5. PROPERTY AND RISK

5.01 Upon delivery, the Equipment shall be at the Customer’s risk and the Customer shall insure and keep insured the Equipment for its full insurable value.
5.02 Notwithstanding sub-clause 5.01 above property and ownership in the Equipment will not pass to the Customer but will remain with InfoComm until InfoComm has received payment in full of the total price of the Equipment including any GST and interest payable and all other amounts owing to InfoComm (and all amounts owing to any related body corporate of InfoComm) by the Customer on any account whatever, whether or not such sums shall have become due for payment.
5.03 Where payment is to be made by instalments the full purchase price of the Equipment will be deemed not to have been paid until such time as all instalment payments together with any amounts due in respect of GST and interest have been made.
5.04 Until property and ownership in the Equipment pass to the Customer in accordance with this clause 5, the Customer shall hold the Equipment as fiduciary bailee and agent for InfoComm and the Equipment shall be stored separately from any other assets, marked in such a way that it is clearly identifiable as InfoComm’s property and kept in a manner which enables it to be identified and cross referenced to particular invoices.
5.05 Without prejudice to any other rights held by InfoComm under these Conditions or at law, in the event of any default in payment of the amounts referred to in sub-clause 5.02 above, InfoComm shall have the right by its employees, servants or agents to enter without notice at any time upon any land or building, vehicle or vessel or other place upon which the Equipment is reasonably thought to be situated to do all things necessary in order to take possession of the Equipment, including dismantling anything into which the Equipment or any of it has been incorporated. The Customer shall be liable for all InfoComm’s costs of whatsoever nature of and associated with the exercise of this right and such costs shall be payable on demand.
5.06 The Customer may not deal with, sell, part with possession of, change the character of, convert or otherwise dispose of or handle any of the Equipment sold hereunder until property and ownership therein have passed to the Customer in accordance with this clause 5, unless the Customer is a Reseller in which case clause 5.07 will apply.
5.07 If the Customer is a Reseller then unless otherwise notified in writing, the Customer may sell the Equipment by way of bona fide sale in the ordinary course of business on its standard terms and conditions but may not otherwise deal with, sell, part with possession of, change the character of, convert or otherwise dispose of or handle any of the Equipment sold hereunder until property and ownership therein have passed to the Customer in accordance with this clause 5.
5.08 Where any of the Equipment is sold by the Customer before property and ownership therein have passed to the Customer in accordance with this clause 5, that sale will constitute a sale by the Customer of InfoComm’s property. The proceeds of any Equipment sold shall be kept in a separate bank account and shall not be mixed with any other moneys, including funds of the Customer.
5.09 This clause 5 shall apply notwithstanding the granting of any credit to the Customer by InfoComm.

6. CLAIMS

No claims in reference to items on this invoice will be recognised unless such claim is made in writing within 7 (seven) days of delivery.

7. CONSEQUENTIAL LOSS

InfoComm hereby expressly excludes to the extent permitted by Law any liability (arising in contract or in tort or however otherwise arising) for:

(i) Consequential loss or damage caused by or arising out of the use of the Equipment or occurring in respect of the Equipment;
(ii) Loss or damage due to fair wear and tear or negligence or improper use, operation, storage or handling of (without prejudice to the generality of the foregoing) the use or operation of the Equipment other than strictly in accordance with InfoComm’s written instructions as supplied with the Equipment;
(iii) Loss, injury or damage (including consequential loss) arising from fire, accident, industrial dispute, civil disturbance or any other act of accidental default interfering with the manufacture, despatch or delivery of the Equipment and beyond the control of InfoComm.

8. NO WAIVER

A failure to exercise or enforce, a delay in exercising or enforcing, or conduct which is inconsistent with the exercising or enforcing, any right or remedy held by InfoComm in relation to these Conditions will not in any way preclude or operate as a waiver of the exercise or enforcement of that right or remedy.

9. ASSIGNMENT

Unless otherwise agreed in writing the Customer will not assign either the benefit or the burden of any contract with InfoComm.

10. SEVERABILITY

If one or more of the provisions of these Conditions should be void, unenforceable or invalid, the remaining provisions of these Conditions shall not thereby be affected and shall continue in full force and effect.

11. RELATIONSHIP OF THE PARTIES

Subject to clause 5, the parties acknowledge that neither of them is an agent or partner of the other for any purpose, and that each of them is entirely without authority to act on behalf of the other in any manner. InfoComm shall not be responsible to third parties for any claim arising out of the activities of the Customer and the Customer shall hold InfoComm harmless against any claim arising in connection herewith and indemnify and hold harmless InfoComm for any amount which InfoComm may be required to pay as a result of any claim.

12. CONSUMER RIGHTS

The Trade Practices Act and other statutes may imply warranties or conditions or impose obligations upon InfoComm which cannot, or can only to a limited extent, be excluded, restricted or modified. Such of these Conditions that exclude or limit InfoComm’s liability shall apply only to the extent permitted by law and these Conditions shall be construed subject to such statutory provisions. If such statutory provisions apply, and to the extent lawfully permitted, InfoComm’s liability thereunder shall be limited to:

(i) the replacement of the Equipment or the supply of equivalent goods;
(ii) the payment of the cost of replacing the Equipment or the supply of equivalent goods;
(iii) the repair of the Equipment; or
(iv) the payment of the cost of having the Equipment repaired.

13. GOVERNING LAW

These Terms and Conditions of Sale shall in all respects be governed by and construed with the Laws of Victoria, and each party irrevocably and unconditionally submits to the jurisdiction of the Courts of that State.

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InfoComm Engineering
Mob: 0412 727 224 Ph: (03) 9789 3547 Fax: (03) 9011 6180