These terms and conditions shall apply to all contracts made by i-LAN TECHNOLOGY Pty Ltd (herein referred to i-LAN), with customers for the sale of equipment or services supplied by i-LAN. No variation in these terms and conditions shall be effective unless modified in writing and signed by i-LAN.
- Quotations are based upon the requirements given to i-LAN by the customer and are current for fourteen (14) days, or a period otherwise specified by i-LAN after which they are subject to confirmation or revision by i-LAN.
- Quotations may only be accepted by the customer’s submission of a purchase order, or other official indication of intent to purchase. Prior to receipt of such, i-LAN reserves the right to vary quotations without notice.
3. CANCELLATION OR VARIATION OF ORDERS
An accepted order may only be cancelled or varied with i-LAN‘s written consent and the giving of this consent shall not in any way prejudice i-LAN‘s right to recover the customer’s full compensation for any loss or expense arising from such cancellation or variation.
- The goods will be supplied in i-LAN standard packaging.
- Any alternative or additional packaging requested by the customer or deemed necessary by i-LAN will be charged for accordingly in addition to the price quoted.
Unless otherwise specifically stated, prices quoted for i-LAN‘s goods and services do not include freight, insurance, any special packaging, installation, commissioning and maintenance costs. These prices may or may not include GST (Goods and Services Tax) depending on the manner in which they are quoted.
6. DELIVERY AND PASSING OF TITLE
The goods shall be delivered by i-LAN or dispatched for delivery to the customer at the address of the customer stated in the Contract or as the customer may from time to time otherwise direct i-LAN to deliver to.
The risk to damage of goods transfers to the customer following collection from i-LAN premises by any courier i-LAN may employ on the customer’s behalf.
Title to, and property of the goods shall only pass to the customer on i-LAN’s receipt of all monies payable by the customer.
- All payments are to be made strictly cash net against invoices, except in the event of i-LAN’s provision of a credit account. If any invoice covers only part of an order, the amount shall be deemed an instalment of the purchase price, not a deposit. Any minor defects of the products that might arise shall not interfere with payment. Extension of credit shall be at i-LAN’s absolute discretion.
- In the event that the customer defaults their payment of an invoice or otherwise, and under these terms and conditions or being adjudged bankrupt or compounding with creditors, i-LAN shall have the right to withhold further deliveries and retain any payments already made. This shall be in addition to any right of action or remedy by i-LAN for the recovery of any moneys due for any prior breach by the customer.
- Additionally, in the case of default, i-LAN may charge interest on such amount at the rate of 3% per month from 14 days after the due date for payment until the date the account is paid in full.
8. DEFECTS APPARENT ON INSPECTION. The customer shall not have any claim for defects apparent on visual inspection unless:
- Standard Warranty Period: Subject to clauses 7 and 8, i-LAN warrants its goods to be free from defects in materials and workmanship under normal use, service and conditions, and be in compliance with all applicable regulations by sufficiently qualified people. i-LAN agrees to make any necessary repair or replacement of defective parts or flaws in workmanship, for a period of one (1) year, commencing from the date of purchase from a registered reseller or distributor by the user.
- Voluntary Extension of Warranty Period: Refer to http://www.i-LAN.com.au/support/warranty/
- The user shall present the original invoice as proof of purchase for the warranty service. If such an invoice is not produced, i-LAN will treat the warranty claim based on the serial number, where this indicates the manufacture date, and will allow for a 3 month grace period from the manufacture date. In case the serial number does not indicate the manufacture date, or if the date is outside of the period in 9(b) and the grace period, i-LAN reserves the right to refuse the claim for warranty repair, or to charge a suitable fee for the parts and services.
- From time to time, i-LAN may hold special sales for certain products. For such items, i-LAN reserves the right to limit the warranty period to a shorter time, or to eliminate it completely. i-LAN will display and inform of the conditions for such activities; and distributors or resellers agree to accept responsibility to inform the end users of such conditions.
- The warranty in paragraphs 9(a) and 9(b) above does not cover damage to the goods caused by accident, misuse, acts of third parties, environmental conditions, neglect, improper installation, improper maintenance or other causes beyond the control of i-LAN.
- Voluntary Extension of Warranty Period for Special Projects by DINTEK : see Web site link
- The warranty in paragraphs 9(a) and 9(b) above is in addition to the warranties and conditions implied in the Competition and Consumer Act 2010 or by applicable State Acts and Territorial Ordinances to the extent that such implied warranties and conditions are incapable of exclusion.
- i-LAN’s obligations under the warranty in paragraph 9(a) and 9(b) above in relation to goods and services shall be limited at i-LAN’s discretion to:
– in the case of goods, any of the following:
- replacement of the goods with new, refurbished or equivalent goods;
- repair of the goods;
- payment of the cost of replacing the goods or of acquiring equivalent goods;
- payment of the cost of having the goods repaired;
– in the case of services, any of the following:
- supplying of the services again; or
- payment of the cost of having the services supplied again.
- After a warranty service as described in 9(g), the remaining warranty term for the product will still be based on the original purchase dates and conditions in 9(a), 9(b) and 9(c) above.
- Shipping costs and risk of loss or damage of all return items shall be at the Customer’s responsibility.
- Where i-LAN responds to a complaint which is not covered by the warranty in paragraph 9(a) and 9(b) above, it reserves the right to charge the customer at its normal rates for travel, subsistence, labour and materials in carrying out any inspection and rectification.
- i-LAN shall have no liability in contract, tort or otherwise including loss of profit or of contract, economic loss or injury whatsoever arising, consequential damage or loss.
- i-LAN shall not be liable for any loss sustained by the customer through act or circumstance beyond i-LAN’s reasonable control including but not limited to Acts of God, war, blockade, riot, strike, fire, drought, flood, lightning, earthquake, storm or other elements, explosion, accident, sabotage, legislation, regulations, orders or action, governmental or quasi-governmental restraint, expropriation, prohibition, intervention, direction or embargo, scarcity, unavailability or delay in availability of or failure to obtain power supply, raw materials, labour, containers, or transportation; inability or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licenses, authorities or allocations.
- Shipping costs are not refundable for warranty services.
- It is customer’s responsibility to back up the files and data prior to sending the device to i-LAN for repair. i-LAN will not be responsible for the files and data loses during the repair.
- During the repair the format and the configuration of the device may change. i-LAN will not be responsible for the changes of the format and configuration in the device.
9. BUSINESS PROTECTION PLAN (BPP)
i-LAN provides a service plan, called Business Protection Plan (BPP), to allow customers who use our products for critical operations and need to have minimum disruption in operation due to equipment failure. Below are the details:
i-LAN supports every product with standard and/or extended warranty terms, and will repair or replace the faulty items at our own discretion for the warranty period. We provide warranty repairs with our ‘best effort’, and rely on our overseas suppliers to determine the length of time for completion on warranty services.
10. SPECIFICATIONS AND TECHNICAL INFORMATION
- All specifications are approximate only and are subject to normal margins of tolerance. i-LAN reserves the right to vary specifications without notice in light of changes in technical knowledge, production techniques, government or other regulation, consideration of safety or other reasonable causes.
- The information contained in the advertising, sales and technical literature issued by i-LAN may be relied on to be accurate in the exact circumstances in which it is expressed otherwise. Any illustrations, performance details, examples of installations and methods of assembly and all other technical data in such literature are based upon experience and from trials under test conditions. Accordingly, the information contained in i-LAN publications is provided for general guidance only and does not form any part of the Contract unless expressly agreed in writing by i-LAN. Purchasers should obtain specific recommendations and advice from i-LAN regarding the uses and attributes of i-LAN products and services; all such advice being given and accepted at the customer’s own risk.
11. CONSTRUCTION OF CONTRACT AND GOVERNING LAW
- The terms and conditions herein constitute the entire agreement between i-LAN and the customer relative to i-LAN’s provision of goods and/or services, and supersede and take precedence over all prior agreements, understandings and negotiations relating to the goods and/or services.
- i-LAN reserves the right to vary the Terms and Conditions of Trade from time to time. In the event of this occurring, i-LAN will publish the new version of the Terms and Conditions of Trade on i-LAN websites (www.dintek.com.au and www.i-LAN.com.au) and raise a news item for the distribution channel detailing the changes. Customers are expected to check these Terms of Conditions of Trade regularly.
- The validity, interpretation and application of any quotations or contracts embodying these Terms and Conditions shall be governed by and construed in accordance with the law of the State of New South Wales – Australia.
12. REFUNDABLE PERIOD
- For all DINTEK’s products is 7 days commencing from the date of purchase.
- Your or any End Users’ use of the Service Offerings (including any activities under your account and use by your employees and personnel).
- Breach of this Agreement or violation of applicable law by you or any End User.
- Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content.
- A dispute between you and any End User. If i-LAN or our affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.
The service offerings are provided “as is.” i-LAN and our affiliates and licensors make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the service offerings or the third party content, including any warranty that the service offerings or third party content will be uninterrupted, error free or free of harmful components, or that any content, including your content or the third party content, will be secure or not otherwise lost or damaged. Except to the extent prohibited by law, i-LAN and our affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
14. MODIFICATIONS TO THE AGREEMENT
i-LAN may modify this Agreement at any time by posting a revised version on www.i-LAN.com.au. The modified terms will become effective upon posting or, if i-LAN notify you by email, as stated in the email message.