1. ON-SITE SUPPORT AND EQUIPMENT
1.1 Where provided
MOVOX shall provide Technical Support on-site at your premises or remotely at MOVOX’s discretion as to the most practicable means of affecting the Technical Support for an Additional Charge unless specified in MOVOX’s quotation.
MOVOX shall use reasonable endeavours to provide Technical Support Services at the Site on the Installation Date. In the absence of agreement to the contrary, the installation shall be effected during MOVOX’s Normal Business 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 MOVOX’s Service Centre, we may apply an Additional Charge in respect of the travel time to and from your premises.
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:
(a) all deliveries are carried out by authorised freight providers;
(b) all orders are delivered within 7 days of purchase; and
(c) you will be contacted within 48 hours if the Equipment is out of stock or a delay in delivery is anticipated.
1.5 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.
The price of the Equipment does not include training on the use of the Equipment unless specified in our quotation. MOVOX may provide training in the use of Equipment, if requested by the Customer, subject to payment of an Additional Charge.
Where Technical Support is required on-site, the Customer shall at its own expense prepare the Site and ensure MOVOX 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 MOVOX from time to time.
The access referred to in Clause 2.1 includes access to:
(a) spare parts storage areas;
(b) areas that are required by MOVOX to carry out the Technical Support Services; and
(c) vehicle parking for MOVOX personnel
The Customer shall grant MOVOX personnel all reasonable access, including necessary security clearances and a suitably qualified and informed representative to accompany MOVOX personnel and to provide advice or assistance to enable MOVOX to effectively perform the Technical Support Services and to ensure satisfactory installation of Equipment.
2.4 Hazardous conditions
In the event a hazardous condition is detected by either Party, MOVOX may discontinue providing the Technical Support Service until such hazardous conditions have been removed. Hazardous conditions include, but are not limited to, unhampered working facilities, inadequate lighting, heat and ventilation and suitable electric current outlets and power boards.
Without limiting the foregoing, the Customer shall ensure the supply of:
(a) adequate electric current;
(b) adequate electrical and mechanical fittings; and
(c) appropriate environmental conditions
If MOVOX delays 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 MOVOX for all reasonable costs and expenses incurred by MOVOX directly or indirectly as a result of such delay.
2.6 Early installation
If MOVOX requests 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 the property of MOVOX and shall be removed or otherwise disposed of at the sole discretion and direction of MOVOX.
MOVOX may substitute any component of the Equipment prior to delivery and may modify the Equipment if, in the reasonable opinion of MOVOX, the substitution or modification:
(a) will not adversely affect the performance or capacity of the Equipment;
(b) will not alter the configuration of the Equipment in any material respect; and
(c) will not otherwise materially affect the obligations of MOVOX or prejudice the rights of the Customer;
If a substitution or modification is made MOVOX will notify the Customer on, or prior to delivery of the Equipment.
4.1 New equipment
All Equipment supplied by MOVOX 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:
(a) we can give you the title to the goods;
(b) the goods are free of third party interests;
(c) the goods are of acceptable quality (within the meaning of the Australian Consumer Law); and
(d) 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
MOVOX warrants 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 MOVOX in writing of any defect or suspected defect in the Equipment. MOVOX 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.
MOVOX shall not be liable under Clause 4 of these Terms if the defect is the result of:
(a) improper use or mismanagement by the Customer;
(b) operation of the Equipment other than in accordance with the Operating Manual;
(c) use of the Equipment in a manner not reasonably contemplated by MOVOX;
(d) modification of the Equipment not authorised by MOVOX;
(e) use of the Equipment in a manner contrary to law;
(f) subjection of the Equipment to unusual or un-recommended physical, environmental or electrical stress;
(g) re-installation or moving of the Equipment by a person other than MOVOX;
(h) use of the Equipment by a person other than the Customer;
(i) the Customer’s failure to comply with its obligations to MOVOX;
(j) the Customer’s failure or refusal to install engineering changes or enhancements recommended by MOVOX; or
(k) the serial number being removed or defaced
If the Customer provides notice of a suspected defect pursuant to Clause 4 of these Terms and any subsequent inspection by MOVOX reveals no further obligation on MOVOX, the direct and indirect costs and expenses associated with such inspection shall be borne by the Customer.
The Customer shall keep records relating to the use and performance of the Equipment as may be directed by MOVOX from time to time and shall permit MOVOX to have access to such records at all reasonable times including, but not limited to, all periods during which Technical Support is being performed.
6.1 Customer duties
The Customer shall:
(a) notify MOVOX in writing as soon as practicable of any infringement, suspected infringement or alleged infringement of any third party rights;
(b) give MOVOX the option to conduct the defence of such a claim, including negotiations for settlement or compromise prior to the institution of legal proceedings;
(c) provide MOVOX with reasonable assistance in conducting the defence of such a claim; or/and
(d) permit MOVOX to modify, alter or substitute the infringing part of the Equipment at its own expense in order to avoid continuing infringement, or authorises MOVOX to procure for the Customer the authority to continue the use and possession of the infringing Equipment.
The Customer shall not:
(a) use the Equipment in combination by any means and in any form with other goods not specifically approved by MOVOX;
(b) use the Equipment in a manner or for a purpose not reasonably contemplated or not authorised by MOVOX;
(c) modify or alter the Equipment without the prior written consent of MOVOX; or
(d) enter into any transaction relating to the Equipment without MOVOX’s prior consent in writing.
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, MOVOX 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 MOVOX in the conduct of the defence of such proceedings.
The Customer shall indemnify MOVOX 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:
(a) the claim arises from an event specified in Clause 6.2 of these Terms; or
(b) the ability of MOVOX to defend the claim has been prejudiced by the failure of the Customer to comply with any requirements of Clauses 6.1 or 6.3 of these Terms.
7.1 Use of sub-contractors
MOVOX 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.
You can contact MOVOX by:
(a) calling 1800 100 800 between 9.00 am and 5.00 pm (AEST) Monday to Friday; or
(b) writing to us by completing the form on our Contact us page
9.1 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.
(a) 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.
(b) 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.
Your Agreement may be assigned by MOVOX without the need for consent by you.
Your Agreement may not be assigned or novated in whole or in part by you.
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.
9.5 Rules for the interpretation of these terms
In these Terms unless the context otherwise requires:
(a) Different grammatical forms of the same word(s) have the same meaning;
(b) A term which is defined in any part of these Terms has the same meaning in every other part of the Terms;
(c) The singular includes the plural and vice versa;
(d) A reference to A$, $A dollar, or $ is to Australian currency, unless otherwise stated;
(e) references to Clauses are references to clauses of these Terms;
(f) 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;
(g) 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
(h) The following words have the same meaning in these Terms as they have in the Telecommunications Legislation:
i. Carriage service;
ii. Carriage service provider;
iii. Carrier; and
iv. Content service
The documents which make up your Agreement should be read in the following order of precedence and any inconsistency interpreted accordingly:
(a) Our Customer Terms;
(b) These specific Terms associated with our supply of Technical Support & Equipment;
(c) Your Order for Service or Equipment; and
(d) The Critical Information Summary associated with your Service Plan.