Terms of Sale:
1. DEFINITIONS AND CONTRACT
The Equipment or Services listed under the heading "Description" on our invoice is sold or provided by George Pilarinos ABN: 59 630 713 103 Trading as: Digital Systems Network Australia to the Customer subject to these terms and conditions. No variation of these terms and conditions is permitted unless expressly accepted by a George Pilarinos in writing.
The minimum order value accepted by Digital Systems Network Australia is $50.00.
No order shall be binding on Digital Systems Network Australia until accepted by Digital Systems Network Australia. All sales are strictly pre-paid prior to delivery unless a credit account is in place. Customers may apply for a 14-day payment term following a three month period of regular purchases. All applications for a credit account will be subject to satisfactory credit approval. By submitting a credit application the Customer grants approval to Digital Systems Network Australia to seek from credit reporting agencies a credit report to permit the granting of credit under the Privacy Act or similar legislation. Any customers that trade under a Company will be required to provide personal director guarantees prior to any credit account being approved.
The price for the Equipment or Service shall be the price current at the day of dispatch and shall include all related delivery costs whether specified or not specified and shall be paid at the time of placing the order unless otherwise agreed to by Digital Systems Network Australia. In all other cases the price shall be paid 14 days from the date of the invoice and if payment of any invoice is overdue interest will run on the sum invoiced at the rate of 2 per cent per annum over the RBA indexed rate at the applicable time the invoice was rendered .
All prices are quoted exclusive of Goods and Services Tax (GST) but will include GST as a sub total, unless prior to acceptance of the order by Digital Systems Network Australia the Customer provides an exemption declaration in accordance with the Sales Tax Assessment Act or the Equipment is for export from Australia in which case the Customer shall be responsible for any taxes and duties due on the Equipment in the country of destination.
4. METHOD OF PAYMENT
Digital Systems Network Australia accepts Credit Card payment by means of PayPal however an additional 2.5% fee will be charged unless agreed otherwise by Digital Systems Network Australia, Digital Systems Network Australia will only process orders where sufficient funds have been transferred into the Digital Systems Network Australia Bank Account either via Internet Banking or by Direct Deposit (please refer to the details on the invoice or quote section for the Digital Systems Network Australia banking details). Confirmation and funds clearance is required prior to the dispatching of goods. Digital Systems Network Australia may from time to time accept by way of payment a company cheque where the customer has proven identity. The cheque must clear prior to dispatching stock from our warehouse. In the case of customers with established credit terms, Payment must be received within 14 Days.
All freight costs and insurance costs are borne by the purchaser. All goods are shipped from a number of warehouses located around the country directly to the purchaser via an independent courier agency, who will require a signature as proof of delivery. Digital Systems Network Australia, does not ship goods via registered mail due to the high level of loss. The Digital Systems Network Australia office in New South Wales is a sales office only, no stock is held at these premises.
6. RISK AND PASSING OF PROPERTY
(1) Risk in respect to the sale of Equipment shall pass to the Customer when the Equipment is delivered to the Customer or its agent.
(2) Notwithstanding the risk in the Equipment passing in accordance with clause 6.1 title in the Equipment will not pass to the Customer until Digital Systems Network Australia has received payment for the Equipment although the Customer is licensed by Digital Systems Network Australia to use the Equipment delivered.
(3) Until title to the Equipment passes and clear funds are received by us:-
(a) The Customer will hold the Equipment as fiduciary agent and bailee for Digital Systems Network Australia.
(b) The Equipment shall be kept separate and distinct from all other property of the Customer and of third parties and in good and substantial repair and condition and be stored in such a way as to be clearly identifiable as belonging to Digital Systems Network Australia.
(c) The Customer's right to use shall automatically cease if the Customer has a summons presented for its winding-up or passes a resolution for voluntary winding-up otherwise for the purpose or bona fide amalgamation or reconstruction or compounds with its creditors or has a receiver appointed of all or any part of its assets or (being an individual) becomes bankrupt or insolvent or enters into any arrangement with its creditors or takes or suffers any similar action in consequence of debt or carries out or undergoes any analogous act or proceeding under foreign law.
(d) Upon determination in any way of the Customer's right to use, the Customer shall place any of the Equipment in its possession or under its control at the disposal of Digital System Network Australia and Digital System Network Australia shall be entitled to enter upon any premises of the Customer for the purpose of removing the equipment.
7. WARRANTY AND RETURN OF EQUIPMENT
(1) All Equipment sold by Digital System Network Australia will be subject to the Manufacturers implied warranty. Warranty commences on the date of clients purchase order plus one week (time taken to deliver product) or date of invoice which ever has the earliest date.
(2) If a product is found to be dead on arrival, then subject to complying with the procedure set out in clause 7.3 the Customer may return the Equipment to Digital System Network Australia within seven days of the date of delivery.
(3) Any Equipment returned under this clause must be as new and not modified or damaged. All warranty cards, manuals and packaging must be intact, or all costs incurred repacking to manufacturers specifications shall be borne by the customer. The Customer must within 7 (seven) days of receiving the goods, inform Digital System Network Australia that the Equipment is being returned and Digital System Network Australia will issue to the Customer a return authorisation number which must be clearly shown on the outside of the box when the Equipment is returned. The Equipment must be returned properly packed pre-paid and insured. Any return with freight collect will not be accepted by Digital System Network Australia and shall be returned to the Customer notwithstanding the Customer being given a return authorisation number. Product returned for non-technical reasons ( and subject to our agreement to accept its return) such as ordered in error, attracts a 35% restocking fee. If no written notification of the intention to return the goods is received by Digital System Network Australia from the customer within 7 (seven) of delivery, it will be deemed by CCTV Consultant that the customer has accepted the goods and no returns will be accepted whatsoever.
(4) Digital System Network Australia will not be obliged to accept return of third party software delivered to the Customer under these terms and conditions where the Customer has accepted the license for such software by opening the sealed manuals and disks delivered by Digital System Network Australia with the Equipment.
(5) It is the customers responsibility to complete and send all warranty cards/forms which are supplied with the purchased product to the manufacturer in order to ensure that the product is covered by the manufacturer’s warranty. If such warranty cards/forms are not included with the purchased product then the customer should keep in a safe place the Digital System Network Australia Invoice for proof of payment and warranty purposes.
(6) In the event that the product fails to perform in its specified function during the warranty period, it is the customers responsibility to call on the manufacturer for the repair or replacement of the product.
(7) In the event that a product purchased from Digital System Network Australia does not include a warranty card/form, then the customer should call Digital System Network Australia who will then act on the customers behalf in arranging for the repair or replacement.
(8) Appertaining to clause 7.7 above, Digital System Network Australia will not be held responsible for any loss of product nor the manufacturer or its agents inability to repair or replace the returned product whatsoever.
(9) In the event that the product must be shipped to the manufacturer for repair during the warranty period or outside the warranty period, Digital System Network Australia has no liability for lost, misplaced, or damaged goods. The client is solely responsible for the goods placed in transit to and from the repair centre. It is the clients responsibility to insure the goods for safe transport and may nominate a specific courier. Neglecting to advise Digital System Network Australia of courier or insurance coverage does in no way obligate Digital System Network Australia in taking any responsibility for the freight or insurance of the goods in transit.
(1) Whilst Digital System Network Australia takes every precaution in the preparation of its web site, catalogue, technical circulars, price lists and its other literature these documents are for the Customer's general guidance only. The Customer acknowledges that it has not relied on any representation made by Digital System Network Australia which has not been stated expressly in this agreement or upon any catalogue, technical circulars, price lists or other literature produced by Digital System Network Australia.
(2) Digital System Network Australia employees or agents are not authorised to make any representations concerning the Equipment unless such representations are confirmed by Digital System Network Australia in writing. The Customer acknowledges by accepting delivery of the Equipment that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.
(1) Digital System Network Australia makes no express warranties beyond those stated in these terms and conditions. All conditions and warranties implied by statute or common law are to the extent permitted by law expressly excluded.
(2) Under the Trade Practices Act 1974 when implied conditions and warranties cannot be excluded, Digital System Network Australia limits its liability in the case of the Equipment, to the replacement of the Equipment or the supply of equivalent Equipment, or the repair of the Equipment, or the paying of the costs for replacing the Equipment or requiring equivalent Equipment, or the payment of the cost of having the Equipment repaired; and in the case of services, to the supplying of the services again, or the payment of the cost of having the services supplied again.
(3) Notwithstanding anything else contained in these terms and conditions Digital System Network Australia will not be liable to the Customer for loss of profits or contracts or other indirect or consequential loss whether arising from negligence, breach of contract, or howsoever.
The Customer shall not assign or transfer or purport to assign or transfer this agreement or the benefits thereof to any other person without the prior written consent of Digital System Network Australia and payment of any applicable fee.
11. PROPER LAW AND JURISDICTION
This agreement shall be governed by and construed in accordance with the law in force in NSW and all disputes arising in connection with this agreement shall be submitted to the jurisdiction of the NSW courts.
Australian Sales Only
We only sell and ship Products within Australia. We will not make deliveries outside of Australia. Legal Capacity To Transact Should Digital Systems Network Australia suffer any damage or other losses as a result of a transaction entered into by a minor, Digital Systems Network Australia reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Digital Systems Network Australia.
Placing Your Order
When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the Digital Systems Network Australia website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products; however Digital Systems Network Australia will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Auction Alliance and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered with a tracking number. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Payment Methods And Processing
Digital Systems Network Australia currently accepts PayPal, Visa, MasterCard.Payment processing will not begin until we receive all the information we need. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding NSW Public holidays. We process credit card and PayPal payments.. Digital Systems Network Australia reserves the right to cancel the transaction. For credit card and PayPal payments we will email a tax invoice to you with your Order Confirmation. Please Note: We are unable to accept credit cards issued by banks outside of Australia. Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order. You may be required to provide further identification for additional security reference checks.
Digital Systems Network Australia purchases include GST.
Digital Systems Network Australia always seeks to list Products with the most competitive prices.Digital Systems Network Australia reserves the right to change prices for Products displayed at Digital Systems Network Australia at any time.The price of products shown excludes shipping costs.Shipping cost is shown separately on the product page but may be recalculated based on how many and what items you place in your shopping cart.
Supply Of Your:
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.
Delivery Of Your Products
Delivery time takes up to 10 working days from the date your payment is received. Where you have purchased a Product that is dispatched from our overseas warehouse, delivery time after payment processing may take up to 3 weeks. In all instances estimated delivery times will be displayed at the check out for your Product. Digital Systems Network Australia makes every effort to deliver your Product according to the estimated delivery times provided by Digital Systems Network Australia at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays. Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us here. We encourage you to visit the "Your Account" section on our website to view the delivery status of your Products. Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Australia Post eParcel) will leave a card so you can pick-up your Product from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery. We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.
Title and risk of loss to all Products will pass to you on delivery.