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Terms of Trade



Prices/Quotes – Prices are for goods supplied and packed to Connected Media’s specifications. Installation, ‘set up’ and maintenance costs and not included in the sale price unless specifically indicated. Published prices are subject to change without notice and all prices are based on the quantity specified and do not necessarily operate pro rata on any greater or lesser quantity. All price exclude GST unless otherwise stated. Any quotes unless specifically stated are applicable for no longer than 30-days from the date of issue.

Quality – Goods offered are subject to established industry quality assurance either by the manufacturer or Connected Media. Costs of any additional tests or procedures that may be required shall be at the cost of the Dealer.

Property The title to the product shall remain the property of Connected Media until payment is made in full, the risk of loss or deterioration of the products shall remain with the Dealer. Connected Media may (without prejudice to any of its other rights) without previous notice to the Dealer retake and resume possession of the products which remain the property of Connected Media.

Delivery – Any indication of delivery date or time is done with reasonable intent and an estimate only. If Connected Media is delayed by any circumstances, or event beyond its control, then may suspend delivery time in respect of the whole or part of the goods and shall not be liable to the buyer for any subsequent loss or damage arising from any such delay. The buyer shall accept delivery of the goods at the agreed address of the buyer. In the event of a substantial delay in accepting delivery Connected Media shall be entitled to charge the buyer for additional costs of storage and/or other costs incurred. Delivery may be made in one or more lots, each lot shall form a separate contract on delivery and be accepted and paid for accordingly notwithstanding late delivery or non-delivery of any other lot. Upon failure by the buyer to pay any amount when due, Connected Media may at its option terminate the contract as to further delivery and no forbearance or course of dealing shall affect this right of Connected Media.

Force Majeure – Connected Media shall not be liable for any failure to make delivery resulting from any cause beyond its control, including without limiting the generality of the foregoing, lockouts, strikes, fires, riots, tempest, accidents to machinery, war, non-availability of materials or default by any manufacturer or sub-contractor to Connected Media.

Terms of Payment – Cash buyers, in the case of cash buyers, payment shall be made strictly net cash before supply takes place.

Terms of Payment - Credit accounts for normal trading – the buyer will only be granted a Credit Account if they have completed this Connected Media ‘TERMS OF TRADE | CREDIT APPLICATION FORM’ form and had the application accepted by Connected Media. Payment by credit account buyers is to be made strictly net cash within twenty (20) days from the date of statement. Unless otherwise notified from time to time this condition will be deemed to be satisfied if payment for the goods is received not later than the 20th of the month following the month of invoice. Should payment not be received in the due time then any credit facilities may be withdrawn without notice and future supply may be refused. Connected Media shall be entitled to charge interest on overdue accounts calculated from the day following in accordance with Connected Media normal trading terms at the rate of twenty percent (20.00%) per annum.

Credit accounts for specific installations or projects shall be subject to special conditions of credit and the payment terms thereof.

Claims Subject to the provision of any appropriate legislation to the contrary, no claim in relation to the goods will be recognised unless such a claim is made in writing within seven (7) days after receipt of the goods.

Default – Upon the happening of any of the following events; buyer committing any act of bankruptcy, going into liquidation or a petition being presented to wind up the buyer. They buyer assigning its property for the benefit of creditors or having a receiver or official manager appointed; or the buyer being in breach of any of these terms and conditions; then in such events Connected Media shall have the right to cease production of the goods and/or decline the delivery the goods or any outstanding balance of the goods still due and/or stop any goods in transit and/or otherwise cease to perform any of its obligations to the buyer and/or terminate the contract without incurring any liability at law or in equity and without prejudice to its rights to recover the amounts owing to it by the buyer and/or damages and/or to sell the goods elsewhere and charge the buyer with any resultant loss.
Should Connected Media by its servants or agents enter upon any premises where goods are situated for the purpose of repossessing such goods in accordance with its rights herein and any person bring any action for trespass or any other action against Connected Media based upon such entry or anything done during or in connection with such entry, the buyer shall indemnify and keep indemnified Connected Media for all damages which Connected Media may be responsible as a result of such action.

Returns for Credit – Unless otherwise agreed in writing, Connected Media will not accept any goods returned for credit for reasons other than incorrect supply by Connected Media, or damage or failure to perform to specification. Goods being returned for credit are to be clearly consigned to the address of Connected Media in accordance with the following procedures; Approval must be first obtained from a Connected Media employee who will provide an official return goods approval number. Goods must be returned in the original carton complete with all accessories and in a saleable and undamaged condition.  The original Connected Media invoice and return goods authorisation must be stated in the claim form with the goods. Connected Media shall in each case determine at the discretion of the management whether it should bear the relevant cost of freight.

Warranty – Connected Media warrants the goods to be free from defects in design, material and workmanship provided they are properly installed, maintained and operate under the specific ratings and conditions set up in Connected Media and/or the specific manufacturer’s warranty conditions for the class of goods supplied.  This warranty is in addition to the warranties and conditions implied by any relevant legislation. All other warranties and conditions are hereby expressly excluded. The buyer and its employees or agents shall not make any statement representation, undertaking or warrant concerning the goods other than those contained in the literature published by Connected Media and/or the specific manufacturer which are expressed or implied by law and which cannot be excluded.
In acceptance of any such goods by the buyer shall imply a condition indemnifying Connected Media and keeping it indemnified against any loss, claim or damage suffered by reason of or arising out of; any statement, representation, undertaking or warranty regarding the goods which are not authorised by Connected Media and any loss or damage caused to the goods after risk therein has passed to the buyer.
Where the goods supplied by Connected Media are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Connected Media’s liability for breach of a condition or warranty shall be limited to any one of the following as determined by Connected Media: Replacement of the goods or the supply of equivalent goods; the repair of the goods at Connected Media’s designated premises; the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired.

Waiver or Alteration - No waiver of alteration of these conditions shall be binding on Connected Media unless assented to in writing by a duly authorised officer.

Cancellation or assignment – buyer cancellation of an order placed pursuant to these conditions and accepted by Connected Media may only occur following negotiations with Connected Media and determination of an appropriate cancellation fee. Assignment by the buyer of its rights and obligations will be required in writing by a duly authorised officer.

Specifications –Any specification, illustration or description provided by Connected Media is indicative only and may not completely represent the goods. Connected Media reserves the right to incorporate minor modification thereto without notice and without incurring any liability.

Intellectual property right and proprietary information – sale of goods shall not confer upon the buyer any rights or interest in any trademarks, patents, copyrights, industrial designs or other intellectual property rights of Connected Media in respect thereof. The buyer shall not dispute or conspire to dispute or question the title of Connected Media in respect of such rights relating to the goods.
All design details, specifications, software, technical handbooks, drawings or other data supplied to the buyer without charge remain property of Connected Media and Connected Media retains the rights to have all such data returned upon request. All information contained in such data is copyright and shall be kept confidential by the buyer, except to the extent that the buyer can establish that such information has been previously made available from other sources. All software is not transferable and is restricted to use by Connected Media buyers only.

PPSA –This agreement creates a security interest (as that term is defined under the PPSA) in all present and after acquired products as security for all amounts owing (now or in the future) to Connected Media, in relation to which a financing statement may be registered on the Personal Properties Security Register. Connected Media reserve the right at its discretion to register a financing statement in respect of any goods supplied under this agreement. The costs of registering a financing statement or a financing change statement shall be paid by the customer and, where applicable, debited by Connected Media against the customer’s account. On request by Connected Media the customer shall promptly execute any documents and do anything else required by Connected Media to ensure that the security interest created under these terms of trade constitutes perfected security interest over goods referred to in relation of the PPSA clause. The customer and guarantor (if any) hereby waive their respective rights to receive a verification statement in respect of any financing statement or financing change statement pursuant to section 148 of the PPSA.

 

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