Terms & Conditions
INTERCEL PTY LTD (ACN 007 077 161)
Address: 33-35 Glenvale Cres Mulgrave, VIC 3170 Telephone: +613 9239 2000 Email address: intercel@intercel.com.au
These terms & conditions of sale (“Terms”) apply to all quotations, invoices for the sale of goods by Intercel to the customer. These Terms can only be amended in writing by an authorised officer of Intercel with your agreement. By accepting delivery of the goods the customer accepts these Terms. These Terms supersede all previous terms & conditions imposed by Intercel and override any terms & conditions of purchase submitted by the customer.
1. Intercel Warranty
1.1 Intercel’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. The customer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. The customer is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
1.2 In addition to the customer’s rights under the Australian Consumer Law, for the period of 12 months from the date of supply of the goods, Intercel will replace or repair, at its own option and its own expense, goods which it finds to be defective and which have been notified in writing in accordance with Clause 1.3.2 (“Intercel Warranty”).
1.3 On discovery of such defect, the customer must:
1.3.1 immediately cease using the goods; and
1.3.2 within 14 days, notify Intercel in writing or by email of the defect or alleged defect in the goods and provide proof of purchase.
1.4 Please note that if no fault or defect is found by Intercel on returned goods, the customer will incur a $27.50 (inclusive of GST) charge.
1.5 The customer accepts liability for freight costs when returning goods for repair or replacement under the Intercel Warranty. Freight costs of replaced or repaired goods under the Intercel Warranty will be at Intercel’s expense.
1.6 In the event that goods are returned for repair, unless otherwise stated, Intercel will install the most recent versions of the compatible software as an automatic upgrade to the goods. The warranties and exclusions detailed in these Terms will apply to any such upgrade.
1.7 Intercel shall not be liable under the Intercel Warranty if the defect is as a result of:
1.7.1 improper use, mismanagement, accident or neglect by the customer;
1.7.2 operation of the goods other than in accordance with the operating manual, manufacturer’s instructions or direction by Intercel;
1.7.3 use of the goods in a manner not reasonably contemplated by Intercel;
1.7.4 modification or integration of the goods not authorised by Intercel;
1.7.5 use the goods in a manner contrary to law;
1.7.6 subjection of the goods to unusual or un-recommended physical environmental or electrical stress;
1.7.7 integration with other software or hardware not approved by Intercel; or
1.7.8 the failure of the network used in conjunction with the goods.
1.8 It is the customer’s responsibility to check for available updates on the Intercel website.
2. Warranties and Limitations
2.1 Subject to clause 2.2 and to the maximum extent permitted by law and except as expressly provided to the contrary in these Terms, all guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise, relating in any way to the subject matter of these Terms are excluded.
2.2 Where the law or any Act of Parliament implies or imposes any guarantees, terms, conditions, warranties, undertakings, inducements or representations and Intercel is unable to exclude those guarantees, terms, conditions, warranties, undertakings, inducements or representations (“Non Excludable Provision”) the liability of Intercel for any breach of the Non Excludable Provision, if permitted by the law or that Act to be limited, at the option of Intercel, to any one or more of the following:
2.2.1 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
2.2.2 If the breach relates to services;
the supplying of the services again; or
the payment of the cost of having the services supplied again.
2.3 Subject to any Non Excludable Provisions and to the maximum extent permitted by law, Intercel’s maximum aggregate liability for all claims relating to these Terms or their subject matter, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis is limited to an amount equal to the amount paid by the customer for the goods.
2.4 To the maximum extent permitted by law, Intercel will not be liable to the customer in any circumstance for indirect, economic or consequential loss suffered by the customer.
3. Warranties and Limitations
3.1 Account Holders:
Payment terms are strictly 30 days from date of invoice, or any other time agreed by the parties in writing. The customer acknowledges that at any time, Intercel may:
3.1.1 withdraw the customer’s credit facility;
3.1.2 adjust the customer’s credit limit; and
3.1.3 cancel the order or suspend any future deliveries.
3.2 Intercel 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.
3.3 If the customer is a company, Intercel reserves the right to request a personal guarantee from the officers of the company before approving any credit facility or at any time after the credit facility has commenced. If the customer fails to provide a personal guarantee when requested by Intercel, Intercel may immediately withdraw the customer’s credit facility.
3.4 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.
4. Title of the Goods
4.1 Title of the goods will only pass to the customer after funds are cleared for the full payment of the relevant Intercel invoice. Until the goods have been paid in full, Intercel retains ownership of the goods and the customer grants Intercel the right to enter the customer’s premises to reclaim these goods.
4.2 The customer agrees that the provisions of clause 4,1 create a security interest (including, where applicable, a Purchase Money Security Interest as it is defined in the Personal Properties Security Act 2009 (Cth) (“PPSA”)) in goods (and their proceeds) supplied by Intercel to the customer.
4.3 The customer acknowledges and agrees that Intercel may register each security interest granted by the customer under these terms and conditions on the Commonwealth personal property securities register, and do all things necessary to ensure that Intercel acquire a perfected security interest in the goods supplied by Intercel under the PPSA.
5. Prices
Prices quoted in writing by Intercel are valid for 30 days. All prices quoted are exclusive of GST unless otherwise stated.
The customer must pay to Intercel, an amount equal to the GST imposed on each taxable supply by Intercel under these Terms in accordance with clause 3.
6. Transport & Insurance
6.1 Intercel 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.
6.2 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.
7. Cancellations of Orders
Intercel will not accept any cancellation of orders unless mutually agreed in writing by Intercel and the customer.
8. Returning Goods
8.1 To the maximum extent permitted by law, prior authorisation and proof of purchase is required before any goods will be accepted for credit (i.e. Cancellation of order after goods are received). To the maximum extent permitted by law, cancellation claims will not be recognised unless made within 14 days of receipt of goods and there is mutual agreement in writing by the parties.
8.2 To the maximum extent permitted by law and except in accordance with the Intercel Warranty, all goods returned for credit and accepted by Intercel 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.
9. Force majeure
Where any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond our or your reasonable control (“Force Majeure Event”) prevents or delays us or you from performing any obligation under the agreement (other than any obligation you have to pay us money), that obligation (other than any obligation you have to pay us money) is suspended as long as the Force Majeure Event continues.
10. Privacy
Intercel takes such steps that are reasonable in the circumstances to protect any personal information of customers;
from misuse, interference and loss; and
from unauthorised access, modification or disclosure;
but cannot guarantee that the personal information of customers will be completely secure. Customers should ensure that they take their own precautions when using Intercel goods to ensure that their personal information is not misused or obtained by an unauthorised source.
