Last updated: May 2015
Conditions of Sale
1. These Conditions prevail over any terms and conditions of trade of the Customer whether or not any inconsistency arises.
2. Symetrix makes no representation as to the accuracy of any specifications drawings and particulars in respect of any Goods contained in any advertising materials or other publications and Symetrix reserves the right to alter any Goods without notice to the Customer.
3. All prices quoted by Symetrix are exclusive of GST and any such taxes shall be paid by the Customer as a condition of supply of the Goods and/or Services.
4. Unless otherwise agreed in writing by Symetrix all sales for the supply of Goods and/or Services under these Conditions will be on a cash on delivery basis in full without deduction of any kind.
5. In the case of late or overdue payments to Symetrix, or if the payment is not available on the day of completion, in addition to the invoice amount, the Customer is fully liable for: (a) Interest rate of 10% and (b) Any collections fees, legal fees, or third party fees in relation to the collection of funds.
6. A deposit will be required prior to booking works. Regular payment intervals may also apply for larger projects. This is entirely at the discretion of Symetrix Accounts Department.
DELIVERY OF SERVICES AND GOODS
7. Any Order for Goods and/or Services must be placed in accord with the prevailing ordering procedure of Symetrix.
8. The Customer shall acknowledge the installation/works have been carried out to their satisfaction, in a proper manner, and that they agree to the billable amount by signing our job completion form on the day of completion, however, in the event that our job completion form is not signed, the customer remains responsible for the billable amount.
9. Symetrix shall use its best endeavours to ensure Services are delivered to the customer on the specified date, and completed within a reasonable amount of time, but shall not be liable for any delay or non-delivery and under no circumstances shall Symetrix be liable for any loss, damage or delay occasioned to the Customer or any third party arising from the late delivery or non-delivery of the Goods and/or Services or any other event or circumstance.
10. Symetrix shall be entitled to withhold delivery of the Goods and/or Services to the Customer unless and until payment for the Goods is made by the Customer in full, and in accordance with these conditions.
11. All risk of loss or damage to the Goods passes to the Customer on delivery of the Goods to the Customer in accord with these Conditions.
12. The Customer will ensure the Goods for their full value from the time of delivery to the Customer until Symetrix receives payment in full for the Goods from the Customer.
13. The Customer agrees that the legal and equitable title to the Goods is retained by Symetrix until Symetrix receives payment in full from the Customer for the Goods, Services and all other goods and services supplied to the Customer by Symetrix at any time.
LIMITATION OF LIABILITY
14. These Conditions set out the entire agreement between Symetrix and the Customer in relation to their subject matter and all conditions, undertakings, inducements or representations expressed, implied statutory or otherwise relating in any way to the Goods and/or Services are excluded to the maximum extent permitted by law.
15. No statement or recommendation made or advice, supervision or assistance given by Symetrix, its employees, agents or representatives whether oral or written shall be construed as or constitutes a warranty or representation by Symetrix or a waiver of any clause in these Conditions. Symetrix is not liable for loss or damage arising directly or indirectly from any act or omission to act arising directly or indirectly from any such statement, recommendation, advice, supervision or assistance.
16. Subject to the following clause, Symetrix shall not be liable for any loss or damage, however caused (including, but not limited to, by the negligence of Symetrix), suffered by the Customer or any third party in connection with a supply of Goods or Services under these Conditions and/or any subsequent use, application, modification, embodiment or adaptation of the Goods in any other goods or service and the Customer releases Symetrix from liability for, and otherwise shall protect and hold Symetrix harmless from and against, a claim for any such loss or damage and / or any indirect, special or consequential loss or damage suffered or incurred by the Customer arising out of a breach by Symetrix of a contract made incorporating these Conditions or a negligent act or omission of Symetrix or a breach of a statutory duty or obligation by Symetrix.
17. If any legislation implies a condition or warranty into these Conditions in respect of Goods or Services supplied, and Symetrix liability for breach of that condition or warranty may not be excluded but may be limited, these Conditions do not apply to that liability and instead Symetrix liability for any breach of that condition or warranty is limited to: (a). Replacing or repairing the goods or (b). Re-supply of the equivalent service
18. Symetrix reserves the right to accept or refuse the return of any Goods from the Customer.
19. Nothing in these Conditions shall require Symetrix to accept the return of any Goods from the Customer where those Goods have been installed for the Customer.
20. Symetrix warrants that the Goods are newly manufactured (unless otherwise indicated).
21. Symetrix warrants that at the date of delivery it believes the Goods to be free from defects in materials and workmanship.
22. Symetrix warrants labour on new installations for one (1) year only. This includes extended warranties and warranty terms that may be submitted as part of a proposal.
23. Any warranty claims that are more than one (1) year old, and are covered by an extended warranty outlined in a proposal provided by Symetrix, may include warranty coverage of parts. The customer remains liable for any service call or labour costs involved in honouring that extended warranty.
24. The Customer may during the Warranty Period notify Symetrix of any defect or suspected defect in the Goods. Symetrix shall, to the extent necessary, inspect, replace or repair the Goods as soon as practicable after receiving notice from the Customer pursuant to this clause.
25. Symetrix shall not be liable under the preceding clause or covered by any warranty if the defect is the result of:
(a). improper use or mismanagement by the Customer;
(b). operation of the Goods other than in accordance with its authorised use(s) and/or the operating manual relevant to instruction in the use of the Goods;
(c). use of the Goods in a manner not reasonably contemplated by Symetrix;
(d). modification of the Goods not authorised by Symetrix;
(e). use of the Goods in a manner contrary to law;
(f). the Goods are subjected to unusual or unrecommended physical, environmental or electrical stress;
(g). re-installation or moving of the Goods by a person other than Symetrix;
(h). use of the Goods by a person other than the Customer and/or its authorised employees;
(I). the Customer’s failure to comply with any terms of these Conditions;
(j). the Customer’s failure or refusal to install engineering changes or enhancements recommended by Symetrix; or
(k). the serial number being removed or defaced.
(l). if the system has been serviced by anyone other than Symetrix, OR has not been regularly serviced by Symetrix at 6 month intervals.
(m). the system contains components or cabling that were not provided by Symetrix or as part of a new installation by Symetrix.
26. Items that are NOT covered by our extended warranty, due to the fact they are considered perishable items.
(a). Batteries of any kind
(b). Hard drives
(c). Monitors and/or burn-in related to it
(d). Lost, stolen or misplaced remote controls
(e). components replaced as part of a pre-existing system.
27. If the Customer provides notice of a defect or suspected defect pursuant to these Conditions and any subsequent inspection by Symetrix reveals no further obligation on the part of Symetrix under these Conditions, the direct and indirect costs and expenses associated with such inspection shall be borne by the Customer.
28. Any failure or delay by Symetrix to exercise a power or right does not operate as a waiver of that power or right and the exercise or non-exercise of a power or right by Symetrix does not preclude either its exercise in the future or the exercise of any other power or right.
29. The Customer may not assign transfer or otherwise deal with its rights and obligations under, and/or the benefit of any contract made pursuant to, these Conditions without the prior written consent of Symetrix.