General
All Goods are supplied, and Works provided, to Purchasers on these Terms and Conditions. No person employed by or acting otherwise as an agent of Invision Home Theatre or purporting to do so has authority to accept orders and supply Goods or provide Works on any other terms and conditions or to vary these Terms and Conditions in any way whatsoever unless the person has been authorised to do so by Invision Home Theatre.
- DEFINITIONS
1.1 In these Terms and Conditions:
(a) Accession means any Goods which are installed in or affixed to other goods;
(b) ACL means the Australian Consumer Law which is contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
(c) Amount Payable means, at any time, all amounts payable by the Purchaser to Invision Home Theatre ABN 30 116 062 845 at that time (whether or not those amounts have become due for payment under any provision of these Terms and Conditions) in connection with the Goods or the Contract (including, without limitation, any invoiced amount, interest, fees, costs or expenses);
(d) Contract means the contract created in accordance with clause 4;
(e) Goods means goods, products and materials (and any related Works) supplied by Invision Home Theatre under the Contract;
(f) Invision Home Theatre means Invision Home Theatre ABN 30 116 062 845;
(g) PPSA means the Personal Property Securities Act 2009 (Cth);
(h) Purchaser means the person, firm or company that agrees to purchase the Goods or Works;
(i) Quotation and or Estimate means a quote or estimate for Goods and/or Works issued to the Purchaser by Invision Home Theatre;
(j) Works means any labour performed and/or services provided by Invision Home Theatre under the Contract (whether or not a fee is charged for such labour and/or services), including but not limited to design, installation, project management, administrative services;
(k) writing means hard copy, signed by a person authorised in writing, or electronic, transmitted by a person authorised in writing.
(l) the terms “financing statement”, “proceeds”, “purchase money security interest”, “security agreement”, “security interest” and “verification statement” have the respective meanings given to them under, or in the context of, the PPSA.
- QUOTATIONS AND PRICING
2.1 Invision Home Theatre may at any time and at its absolute discretion accept or reject in whole or in part any request from the Purchaser for a quotation.
2.2 A quotation is valid for a period of 30 days from the date of the Quotation, unless Invision Home Theatre specifies otherwise in writing. Any quotation may be withdrawn earlier by notice from Invision Home Theatre at its absolute discretion.
2.3 Invision Home Theatre reserves the right to change the pricing in the Contract for the whole or any part of the Contract if:
(a) supply of the quoted Goods and/or Works does not start within 30 days after the date of the written order acknowledgement;
(b) supply under the Contract is stopped or suspended for more than 30 days; or
(c) supply under the Contract is changed in any way before, during or after commencement of supply, including but not limited to re-design of the project, the start date of supply, the completion date of supply and the agreed rate of supply of the Goods and/or Works.
2.4 Unless otherwise agreed in writing, the price charged for the Goods and Works is the price applying at the date of installation. Any price indications or price lists are subject to alteration in accordance with
- ESCALATION AND PRICE VARIATION
3.1 In addition to its rights in clause 2 or any rights under the Contract, Invision Home Theatre may increase or decrease the Contract price of Goods and/or Works during the term of the Contract where it incurs an increase or decrease in its costs (including any transaction or other taxes) of supplying the Goods and/or Works.
- THE CONTRACT
4.1 An order or offer to purchase Goods and/or Works can be made by the Purchaser in writing or verbally.
4.2 An order or offer made by the Purchaser does not constitute a binding contract until Invision Home Theatre has accepted such order or offer in accordance with these Terms and Conditions.
4.3 An order or offer made by a Purchaser is accepted by Invision Home Theatre only if Invision Home Theatre:
(a) formally accepts the order by written acknowledgement; or
(b) delivers the ordered Goods and/or Works described in the order or offer, whichever occurs first.
4.4 The Purchaser is not entitled to cancel or change part or all of any order or offer accepted by Invision Home Theatre, unless Invision Home Theatre consents in writing.
- GOODS SUPPLIED
5.1 Any equipment supplied by Invision Home Theatre will remain the property of Invision Home Theatre until the estimate, and or invoice is paid in full.
- WARRANTIES AND LIMITATION OF LIABILITY
6.1 To the extent permitted by law, all implied conditions and warranties are excluded. To the extent that any implied conditions and warranties cannot be excluded, the Purchaser’s sole and exclusive remedy for any loss or damage (whether direct, indirect, liquidated, special or consequential and including loss or damage arising as a result of death or personal injury to the Purchaser or any other person) however arising (including by reason of any breach of contract, condition or warranty in the Contract (whether express or implied)) is, where permitted at law, limited to any one of the following, as determined by Invision Home Theatre:
(a) in the case of any Goods supplied by Invision Home Theatre pursuant to the Contract:
(i) the replacement of the relevant Goods or supply of equivalent Goods; or
(ii) the repair of the Goods; or
(iii) after prior agreement between Invision Home Theatre and the Purchaser, payment of the cost of replacing or repairing or having the Goods replaced or repaired; or
(iv) Reimbursement of some or all amounts paid by the Purchaser in respect of the Goods.
(b) In the case of any Works supplied by Invision Home Theatre pursuant to the Contract:
(i) the provision of the Works again; or
(ii) Payment of the cost of having the relevant Works provided again; or
(iii) Reimbursement of some or all amounts paid by the Purchaser in respect of the Works.
6.2 Goods which are not manufactured by Invision Home Theatre are subject solely to the warranties (if any) specified by the manufacturers or the third party suppliers to Invision Home Theatre, and the Purchaser acknowledges that, to the extent permitted by law, Invision Home Theatre gives no warranties beyond such manufacturers’ or suppliers’ warranties.
6.3 The Purchaser acknowledges that Invision Home Theatre makes no representations or warranties as to the fitness or suitability for any purpose of any of the Goods or Works described in the Quotation or Contract.
6.4 Except as required by law, Invision Home Theatre is not obliged to accept Goods returned for any reason.
- INVOICING AND PAYMENT
7.1 Invision Home Theatre reserves the right to charge an administration fee as determined from time to time to cover credit card merchant fees and Invision Home Theatre’s associated overhead charges.
7.2 If the Purchaser does not have a commercial credit account with Invision Home Theatre then the Purchaser must pay Invision Home Theatre for the Goods and/or Works at the time it places an order for such Goods and/or Works with Invision Home Theatre.
7.3 If Invision Home Theatre delivers only part of an order, then it may invoice, and the Purchaser must pay for, that part of the Goods and/or Works delivered, unless otherwise agreed in writing between the parties.
7.4 The Purchaser is not entitled to, and must not demand or hold, any sum on account of retention for completion of the Contract to be performed by Invision Home Theatre or against any pending or unsecured claim against Invision Home Theatre. If the Purchaser withholds any money as retention money, Invision Home Theatre reserves the right to withhold further supply under the Contract or any other contract between Invision Home Theatre and the Purchaser.
7.5 a deposit of 30% minimum, unless agreed upon in writing by both parties will be required before any products will be supplied or installed by Invision Home Theatre. A deposit can be made by bank transfer to Invision Home Theatre BSB: 035202 ACCT: 156222
- DEFAULT AND TERMINATION
8.1 If:
(a) the Purchaser refuses or fails to pay any Amount Payable; or
(b) the Purchaser defaults in performing any of its obligations under the Contract; or
(c) in Invision Home Theatre’s reasonable opinion, the Purchaser is insolvent or suffering from financial issues including but not limited to, if the Purchaser is an individual, the Purchaser commits an act of bankruptcy, or, if the Purchaser is a company, it becomes an externally-administered body corporate or passes a resolution to wind up; or
(d) the Purchaser is in breach of contract, then, in addition to and without prejudice to any other rights it has by law, Invision Home Theatre:
(e) is entitled to treat the whole of the Contract as repudiated;
(f) may refuse to supply the Goods or provide the Works to the Purchaser;
(g) is entitled to treat any other contract between Invision Home Theatre and the Purchaser as repudiated; and
(h) is entitled to take possession of any Goods or Processed Goods, wherever they are located;
(i) remove any Goods which have become an Accession;
(j) appoint any person to be a receiver of all or any of the Goods, Accessions, Processed Goods or other assets the subject of the security interests created by this Contract.
8.2 The Purchaser is not entitled to terminate, suspend or cancel part or all of the Contract for any reason (including for convenience) except if Invision Home Theatre has failed to remedy its breach of the Contract within a reasonable period after the Purchaser gives it written notice of such breach. If the Purchaser purports to wrongly terminate or rescind part or all of the Contract or refuses to take delivery of any Goods delivered in accordance with the Contract, Invision Home Theatre may recover from the Purchaser the total amount of the order placed on Invision Home Theatre, less any amounts already paid by the Purchaser.
- MONEY OWING
9.1 A statement in writing as to any amount owing under the Contract by the Purchaser on the date mentioned in such statement is prima facie evidence that such amount is owing.
- TITLE AND RELATED MATTERS
10.1 The legal and equitable title to the Goods will only be transferred from Invision Home Theatre to the Purchaser when the Amount Payable has been reduced to zero.
10.2 Until the Amount Payable has been reduced to zero:
(a) the Purchaser holds the Goods as Bailee for Invision Home Theatre and that a fiduciary relationship exists between the Purchaser and Invision Home Theatre.
10.3 If the Purchaser defaults, in addition to Invision Home Theatre ’s rights under clause 9, Invision Home Theatre may take possession of the Goods wherever the Goods are located and the purchaser agrees that representatives of Invision Home Theatre may enter upon the Purchaser’s premises for that purpose.
- FORCE MAJEURE
11.1 If Invision Home Theatre is prevented (directly or indirectly) from supplying the Goods or providing the Works or any part thereof by reason of acts of God, strikes, lockouts, trade disputes, fire, floods, breakdowns, delay in the manufacture of the Goods for any reason whatsoever, interruption of transport, government action, non-delivery of products, refusal or failure of Invision Home Theatre’s own suppliers to deliver to Invision Home Theatre any Goods or components of Goods, or any other cause whatsoever outside its control (whether or not of a like nature to those specified above), Invision Home Theatre is under no liability whatsoever to the Purchaser and is entitled, at its discretion, to give notice to the Purchaser, either to cancel the Contract or to extend the time for its performance.
- DEFECTS AND INACCURACIES, FAILURE OF, OR DELAY IN, SUPPLY
12.1 The Purchaser hereby agrees to check all Goods received immediately upon unloading at their destination and all Works immediately upon completion.
No claim by the Purchaser for shortages or improper or defective or damaged Goods, or defective or improper Works, will be recognised by Invision Home Theatre unless notified to Invision Home Theatre within forty-eight (48) hours of delivery or performance.
- DISPUTE RESOLUTION
13.1 If there is a dispute or disagreement between Invision Home Theatre and the Purchaser arising in any way from or in relation to the Contract, then Invision Home Theatre and the Purchaser must use all reasonable endeavours and reasonably appropriate alternative dispute resolution procedures as soon as possible before resorting to litigation.
- WORKS
14.1 Invision Home Theatre reserves the right to charge for any or all Works.
14.2 Where Invision Home Theatre has agreed to provide Works, the Purchaser must pay Invision Home Theatre’s fees for such Works, if applicable, when such Works have been performed.
14.3 Invision Home Theatre will use all reasonable endeavors to perform works in a competent, proper and workmanlike manner and exercising a reasonable standard of skill and diligence, but is not liable for any inaccuracy, error or omission arising from performance of the Works.