Support and Supply of Equipment

1.    Provision of support

1.1       Where provided

We shall provide Technical Support on-site at your premises or remotely at our discretion as to the most practicable means of affecting the Technical Support for an Additional Charge unless specified in our quotation.

1.2       Timing

Upon receipt of your Order for Technical Support we shall use reasonable endeavours to provide Technical Support Services as soon as reasonably practicable. Onsite Technical Support and installation of Equipment shall be conducted during our Normal Business Hours unless we have agreed to perform these activities after hours.

1.3       Travel allowance

If we are providing Onsite Technical Support or installation of Equipment and your premises is located in excess of fifty (50) kilometres from our Service Centre, we may apply an Additional Charge in respect of the travel time to and from your premises.

2.    Site preparation

2.1       Safe access

Where Technical Support is required on-site, the Customer shall at its own expense prepare the Site and ensure our personnel have full and safe access to the Site for the purpose of providing Technical Support Services and delivery of Equipment. In doing so, the Customer shall comply with any directions or specifications issued by us from time to time.

2.2       Areas

The access referred to in Clause 2.1 includes access to:

1. spare parts storage areas;
2. areas that are required by us to carry out the Technical Support Services; and
3. vehicle parking for our personnel

2.3       Escort

The Customer shall grant our personnel all reasonable access, including necessary security clearances and a suitably qualified and informed representative to accompany our personnel and to provide advice or assistance to enable us to effectively perform the Technical Support Services and to ensure satisfactory installation of Equipment.

2.4       Hazardous conditions

Without limiting the foregoing, the Customer shall ensure the supply of:

1. adequate electric current;
2. adequate electrical and mechanical fittings; and
3. appropriate environmental conditions

2.5       Delay

If we delay Onsite Technical Support or installation of Equipment due to inadequate preparation of the Site or access to the Site, the Customer shall be liable to us for all reasonable costs and expenses incurred by us directly or indirectly as a result of such delay.

2.6       Early installation

If we request permission to install Equipment prior to the Installation Date, the Customer shall use its best endeavours to prepare the Site and do all other things necessary to comply with the request and to accommodate early installation.

2.7       Removal of rubbish

Packing materials remain our property and shall be removed or otherwise disposed of at our sole discretion.

3.    Supply of equipment

3.1       Freight

The Equipment purchase price excludes delivery Charges unless stated otherwise in our quotation or Tax invoice. Where your payment of Equipment includes delivery Charges, then:

1. all deliveries are carried out by authorised freight providers;
2. all orders are delivered within 7 days of purchase; and;
3. you will be contacted within 48 hours if the Equipment is out of stock or a delay in delivery is anticipated.

3.2       Title and passing of risk

Risk of loss or damage to the Equipment passes onto the Customer upon delivery to the Customers nominated delivery address. Title in the Equipment will pass onto the Customer upon full payment of the Equipment purchase price.

3.3       Training

The price of the Equipment does not include training on the use of the Equipment unless specified in our quotation. We may provide training in the use of Equipment, if requested by the Customer, subject to payment of an Additional Charge.

3.4       Substitution

We may substitute any component of the Equipment prior to delivery and may modify the Equipment if, in our reasonable opinion, the substitution or modification:

1. will not adversely affect the performance or capacity of the Equipment;
2. will not alter the configuration of the Equipment in any material respect;
3. will not otherwise materially affect our obligations or prejudice the rights of the Customer; and
4. if a substitution or modification is made we will notify the Customer on, or prior to delivery of the Equipment.

4.    Warranties

4.1       New equipment

All Equipment supplied by us is brand new, in the original manufacturer’s box and sealed unless otherwise stated.  In addition to your statutory rights under the Trade Practices Act, all products carry the full manufacturer’s warranties.

4.2       Personal, domestic or household goods

If we supply you with goods that are of a kind ordinarily acquired for personal, domestic or household use or consumption then under the Australian Consumer Law, the goods are subject to a number of consumer guarantees that cannot be excluded or limited.

4.3       Other goods costing $40,000 or less

If we supply you with goods that are not of a kind ordinarily acquired for personal, domestic or household use or consumption but cost no more than $40,000, the goods are also subject to the consumer guarantees that cannot be excluded, but can be limited in certain ways. Our customer contract may limit them as allowed by law.

4.4       Consumer guarantees

Consumer guarantees include guarantees that:

1. we can give you the title to the goods;
2. the goods are free of third-party interests;
3. the goods are of acceptable quality (within the meaning of the Australian Consumer Law); and
4. they are reasonably fit for any purpose you have disclosed to us, and for any purpose for which we represent that they are reasonably fit – and some other matters. You can obtain full details at www.consumerlaw.gov.au

4.5       Defects

We warrant that at the date of supply that the Equipment to be free from defects in materials and workmanship.

4.6       Warranty period

The Customer may during the Warranty Period notify us in writing of any defect or suspected defect in the Equipment.  We shall, to the extent necessary, inspect, replace or repair the Equipment at no Additional Charge and as soon as practicable after receiving notice from the Customer.

4.7       Exclusions

We shall not be liable under Clause 4 of the Terms if the defect is the result of:

1. improper use or mismanagement by the Customer;
2. operation of the Equipment other than in accordance with the Operating Manual;
3. use of the Equipment in a manner not reasonably contemplated by us;
4. modification of the Equipment not authorised by us;
5. use of the Equipment in a manner contrary to law;
6. subjection of the Equipment to unusual or un-recommended physical, environmental or electrical stress;
7. reinstallation or moving of the Equipment by a person other than us;
8. use of the Equipment by a person other than the Customer;
9. the Customer’s failure to comply with its obligations to us;
10. the Customer’s failure or refusal to install engineering changes or enhancements recommended by us; or
11. the serial number being removed or defaced.

4.8       Charges

If the Customer provides notice of a suspected defect pursuant to Clause 8 of these Terms and any subsequent inspection by us reveals no further obligation on us, the direct and indirect costs and expenses associated with such inspection shall be borne by the Customer.

5.    Customer records

5.1       Records

The Customer shall keep records relating to the use and performance of the Equipment as may be directed by us from time to time and shall permit us to have access to such records at all reasonable times including, but not limited to, all periods during which our Support services are being performed.

6.    Intellectual property rights

6.1        Customer duties

The Customer shall:

1. notify us in writing as soon as practicable of any infringement, suspected infringement or alleged infringement of any third-party rights;
2. give us the option to conduct the defence of such a claim, including negotiations for settlement or compromise prior to the institution of legal proceedings;
3. provide us with reasonable assistance in conducting the defence of such a claim; or/and
4. permit us to modify, alter or substitute the infringing part of the Equipment at its own expense in order to avoid continuing infringement, or authorises us to procure for the Customer the authority to continue the use and possession of the infringing Equipment.

6.2        Prohibitions

The Customer shall not:

1. use the Equipment in combination by any means and in any form with other goods not specifically approved by us;
2. use the Equipment in a manner or for a purpose not reasonably contemplated or not authorised by us;
3. modify or alter the Equipment without the prior written consent of us; or
4. enter into any transaction relating to the Equipment without our prior consent in writing.

6.3        Defence

In the event that proceedings are brought or threatened by a third party against the Customer alleging that the Customer’s use of the Equipment constitutes an infringement of Intellectual Property Rights, we may at its option and at its own expense conduct the defence of such proceedings.  The Customer shall provide all necessary co-operation, information and assistance to us in the conduct of the defence of such proceedings.

6.4       Indemnity

The Customer shall indemnify us against any loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by a third party alleging such infringement if:

1. the claim arises from an event specified in Clause 12.2 of these Term; or
2. the ability of us to defend the claim has been prejudiced by the failure of the Customer to comply with any requirements of Clauses 12.1 or 12.3 of these Terms.

7.    Subcontractors

7.1       Use of sub-contractors

We may, without the consent of the Customer, engage individuals on a sub-contract or consultancy basis, whether or not operating under a corporate structure, to perform our obligations in the provision of Technical Support or installation of Equipment at the Customers premises.

8.    General

8.1        Applicable law

Your Agreement is subject to the laws of, and the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria or the courts of the State in which you reside if that is different.  Each party waives its rights to claim that any action brought in that State is brought in the wrong or an inconvenient forum.

8.2        Waiver

A failure or delay in exercise, or partial exercise, of a right arising from a breach of any provision of these Terms is not to be regarded as, and cannot be relied upon as, a waiver of that right or an election not to exercise that right.

No waiver or consent given by a party may be construed as providing a waiver or consent in respect of any circumstances other than those strictly falling within the terms of the waiver or consent.

8.3        Assignment

Your Agreement may be assigned by us without the need for consent by you.

Your Agreement may not be assigned or novated in whole or in part by you.

8.4        Severability

If any provision of these Terms is invalid or void and is not enforceable in accordance with its terms, that provision is severed and all other provisions of these Terms which are self-sustaining and capable of separate enforcement without regard to the severed provision are and continue to be valid and enforceable in accordance with their terms.

8.5        Rules for the interpretation of these terms

In these Terms unless the context otherwise requires:

1. different grammatical forms of the same word(s) have the same meaning;
2. a term which is defined in any part of these Terms has the same meaning in every other part of the Terms;
3. the singular includes the plural and vice versa;
4. a reference to A$, $A dollar, or $ is to Australian currency, unless otherwise stated;
5. references to Clauses are references to clauses of these Terms;
6. references to Parties or to a Party shall be a reference to the parties or a party to your Agreement and includes references to their or its respective successors, permitted assigns, executors and administrators;
7. all covenants, liabilities, obligations and agreements given or entered into by more than one person are given or entered into jointly and by each of them severally; and
8. the following words have the same meaning in these Terms as they have in the Telecommunications Legislation:

• Carriage service;
• Carriage service provider;
• Carrier; and
• Content service.

8.6       Precedence

The documents which make up your Agreement should be read in the following order of precedence and any inconsistency interpreted accordingly:

1. our Customer Terms;
2. these specific Terms associated with our provision of Support Services & Supply of Equipment;
3. your Order for Service or Equipment; and
4. the Critical Information Summary associated with your Service Plan.

9.    How to contact us

You can contact us by:

1. calling 1800 100 800 between 9.00 am and 5.00 pm (AEST) Monday to Friday; or
2. writing to us by completing and submitting the form on our Contact us page.