TERMS AND CONDITIONS OF SUPPLY AND INSTALLATION

We are committed to provide our services and support throughout the COVID-19 pandemic.

These terms and conditions are the contract between you and Remotek Pty Limited. By visiting or using Our Website or accepting a quote for supply and/or installation of a remote telemetry system by us, you agree to be bound by them.

We are Remotek Pty Limited ABN 86 101 280 451 a business registered in the Commonwealth of Australia. Our address PO Box 1417 Wahroonga NSW 2076.

You are: Anyone who uses Our Website or accepts a quote for supply and/or install of an RTU system by us. Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using the site immediately or do not accept a quotation.

These are the agreed terms:

Sale of Goods and Services Terms and Conditions

Standard Sale of Goods and Services Terms and Conditions for Remotek Pty Limited (REMOTEK) ABN 86 101 280 451 a business registered in the Commonwealth of Australia.

Incorporation

These terms and conditions:

(a) govern every contract for the sale of goods and/or the provision of services by Remotek Pty Limited to the Customer, and

(b) constitute all the terms and conditions agreed among the parties hereto pertaining to the subject matter dealt with herein, to the exclusion of all the previous written or oral terms and conditions.

No modification to these terms and conditions, whether put forward in the Customer’s purchase order or otherwise shall bind Remotek Pty Limited unless agreed to in writing by Remotek Pty Limited’s authorised employee.

Payment

The terms of payment to Remotek Pty Limited are as follows:

(a) for the supply and installation of remote telemetry units, payment is strictly on a Cash On Delivery (COD) basis, unless otherwise agreed, to a maximum of net 7 (seven) days from the date of invoice;

(b) for the provision of service, payment is strictly on Cash On Delivery (COD) basis, unless otherwise agreed to a maximum of net 7 (seven) days from the date of invoice.

Default & Consequences of Payment Default

(a) Failure to pay within the agreed credit terms will automatically create Stop Credit, and will not be re-commenced until payment is received for all amounts outstanding beyond agreed credit terms.

(b) If the Customer defaults in payment of any invoice when due, the Customer shall indemnify Remotek Pty Limited from and against all costs and disbursements incurred by Remotek Pty Limited in pursuing the debt, including legal costs, on a solicitor and own client basis, and Remotek Pty Limited Collection Agency costs.

(c) Without prejudice to any other remedies Remotek Pty Limited may have, if at any time the Customer is in breach of any obligation (including those relating to payment), Remotek Pty Limited may suspend or terminate the supply of goods and services to the Customer. Remotek Pty Limited will not be liable to the Customer for any loss or damage the Customer suffers because Remotek Pty Limited exercised its rights under this clause.

(e) Without prejudice to Remotek Pty Limited’s other remedies at law, Remotek Pty Limited shall be entitled to cancel all or any part of any order of the Customer, which remains unperformed and all amounts owing to Remotek Pty Limited shall, whether or not due for payment, become immediately payable in the event that:

(i) any money payable to Remotek Pty Limited becomes overdue, or in Remotek Pty Limited’s opinion, the Customer will be unable to meet its payment obligations as they become due; or

(ii) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(iii) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

Quotations and Prices

(a) Any quotation given by Remotek Pty Limited is a mere invitation to treat and does not constitute a contractual offer. All quotations shall be valid for 30 (thirty) days after issue, however Remotek Pty Limited may withdraw a quotation at any time.

(b) Prices included in the quotation are based on the specification, drawings and/or requests by the Customer. Should the specification or Customer’s request change, then Remotek Pty Limited reserves the right to vary the quotation price.

(c) All quoted prices are exclusive of GST unless otherwise stated.

Delivery

(a) The times quoted for delivery are estimates only and Remotek Pty Limited accepts no liability for failure or delay in delivery of Goods. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by instalments at the discretion of Remotek Pty Limited.

(b) Risk in the Goods passes to the Customer on delivery.

Remotek Pty Limited Warranty and Claims

(a) Service under warranty shall only be available between the hours of 8.00am to 4.00pm Monday to Friday, and excludes public holidays, and warranty does not include routine maintenance service including rectification of faults arising from power failure, misuse of equipment, lack of routine maintenance or operator error.

(b) Warranty for the purpose of this clause is either:

(i) Installation warranty; a guarantee of workmanship and associated and materials on new installations for a period of 12 months, whereby Remotek Pty Limited will repair the product in the event of any defect,

(ii) Service warranty; a guarantee of workmanship for service repair work for a period of 3 (three) months, where the works will be performed again in the event of any defects associated with the initial service work.

(c) All costs of freight and travelling expenses associated with making a claim under this warranty are to be paid by the Customer.

(d) The Goods come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a “major failure” and for compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a “major failure”.

(e) The benefits to you given by Remotek Pty Limited warranty are in addition to other rights and remedies that you may have under law in relation to the products to which this warranty relates.

(f) This Clause 7 shall be read in conjunction with Clause 11.

(g) Warranty on new remote telemetry units and new parts are subject to the manufacturer’s warranty. However, where permissible by law, the customer must pay for all work                     undertaken in carrying out a repair if the manufacturer’s assessment determines the claim does not fall within the manufacturer’s warranty terms.

(h) The Customer must provide proof of purchase to make a claim under any warranty.

Retention of Title

(a) All equipment supplied and installed by Remotek Pty Limited remains the property of Remotek Pty Limited until all monies outstanding to Remotek Pty Limited in connection with these Terms and Conditions have been paid.

(b) It is the intention of Remotek Pty Limited and agreed to by the Customer that ownership of Materials & Goods shall not pass until the Customer has met all other obligations due by the Customer to Remotek Pty Limited in respect of all contracts between Remotek Pty Limited and the Customer.

(c) In the event of a default by the Customer, then without prejudice to any other rights which Remotek Pty Limited may have at law or under this contract:

(i) Remotek Pty Limited or its agents may without notice to the Customer enter the Customer’s premises or any premises under the control of the Customer for the purposes of recovering the Goods.

(ii) Remotek Pty Limited may recover and resell the Goods;

i. If the Goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, Remotek Pty Limited may in its absolute discretion seize all Goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of Remotek Pty Limited and the Customer may be ascertained. Remotek Pty Limited must promptly return to the Customer any Goods the property of the Customer and Remotek Pty Limited is in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customer’s business howsoever arising from the seizure of the Goods.

ii. In the event that the Customer uses the Goods in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the Goods in trust for Remotek Pty Limited. Such part will be an amount equal in dollar terms to the amount owing by the Customer to the Remotek Pty Limited at the time of the receipt of such proceeds. The Customer will pay Remotek Pty Limited such funds held in trust upon the demand of Remotek Pty Limited.

(d) Receipt by Remotek Pty Limited of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Remotek Pty Limited’s ownership or rights in respect of Materials and/or Goods shall continue.

(e) It is further agreed that:

(i) where practicable, the Materials and/or Goods shall be kept separate and identifiable until Remotek Pty Limited shall have received payment and all other obligations of Remotek Pty Limited are met; and

(ii) until such time as ownership of the Materials and/or Goods shall pass from Remotek Pty Limited to the Customer, Remotek Pty Limited may give notice in writing to the Customer to return the Materials and/or Goods or any of them to Remotek Pty Limited. Upon such notice, the rights of the Customer to obtain ownership or any other interest in the Materials and/or Goods shall cease; and

(iii) Remotek Pty Limited shall have the right of stopping the Materials and/or Goods in transit whether or not delivery has been made; and

Personal Properties and Securities Act 2009 (Cth) (“PPSA”)

a) Defined terms in this clause have the same meaning as given to them in the PPSA.

b) Remotek Pty Limited and the Customer acknowledge that these Terms and Conditions constitute a Security Agreement and gives rise to a Purchase Money Security Interest (PMSI) in favour of Remotek Pty Limited over the Goods supplied or to be supplied to the Customer as Grantor pursuant to these Terms and Conditions.

c) The Goods supplied or to be supplied under these Terms and Conditions fall within the PPSA classification of ”Other Goods” acquired by the Customer pursuant to these Terms and Conditions.

d) Remotek Pty Limited and the Customer acknowledge that Remotek Pty Limited, as Secured Party, is entitled to register its interest in the Goods supplied or to be supplied to the Customer, as Grantor, under these Terms and Conditions on the PPSA Register as Collateral.

e) The Customer waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer, as Grantor, to Remotek Pty Limited.

f) The Customer agrees to indemnify Remotek Pty Limited on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the;

(i) registration or amendment or discharge of any Financing Statement registered by or on behalf of Remotek Pty Limited; and

(ii) enforcement or attempted enforcement of any Security Interest granted to Remotek Pty Limited by the Customer.

g) The Customer agrees:

(i) that, to the extent permitted at law, nothing in sections 130 to 143 of the PPSA will apply to these Terms and Conditions or the Security under these Terms and Conditions;

(ii) to waive its right to do any of the following under the PPSA:

(A) receive notice of removal of an Accession under section 95;

(B) receive notice of an intention to seize Collateral under section 123;

(C) receive notice of disposal of Collateral under section 130;

(D) receive a Statement of Account if there is no disposal under section 130(4);

(E) receive notice of retention of Collateral under section 135;

(F) redeem the Collateral under section 142;

(G) reinstate the Security Agreement under section 143;

(H) object to the purchase of the Collateral by the Secured Party under section 129; and

(I) receive a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged.

Retention Money

Unless otherwise provided in writing, the Customer shall not be entitled to retain any part of the purchase price by way of retention monies to guarantee satisfactory operation of the equipment supplied and installed.

Warranties

All Metretek, Honeywell, Metasphere goods are under manufacturers Warranty for 12 months.

REMOTEK offers a 5 year defect warranty on installations provided the below servicing terms and conditions have been met. This warranty includes installation errors or defects in products used. (wiring etc) strictly in accordance and relation to the installation of the remote telemetry system only.

Upon acceptance our quote then becomes a contract – meaning the client accepts the terms and conditions listed below.

All equipment installed shall remain the property of Remotek Pty Limited until payment has been received in full. Remotek Pty Limited has the right to enter the premises where work has been performed and recover the equipment if default is made on payment.

We take full responsibility for the repair of components installed. However, we do not take responsibility for any consequential damages to property after the installation is complete and the system has been commissioned.

In the case of systems installed during construction adequate space or access panels must be left to enable full servicing of the systems installed. Any costs incurred due to inaccessible systems are to be borne by the client, irrespective of whether the system has been commissioned or not.

System maintenance is the responsibility of the owner; enclosures, breathers, etc should be cleaned regularly to avoid any damage to property. If any water damage is deemed to be a fault of installation or equipment failure Remotek Pty Limited will provide a contractor to repair said damage at REMOTEK’s expense. If the damage is deemed to be from negligence, lack of servicing or misuse by the customer, we will not be held liable for any repairs and a call out fee will apply.

It is acknowledged by the client that the following shall be the sole responsibility of the client to arrange regular servicing; cleaning filters, cabling inspections, cleaning of filters and breathers, failure of any equipment to function properly through the incorrect setting of any controls or SCADA.

If in the event a service call is placed and it is found that the equipment is operating normally or malfunctioning due to misuse or negligence by the client or the equipment has not been properly maintained by a licensed technician in accordance with the manufacturer’s recommendations, the client will pay the cost of the service call together with labour and material costs.

Warranty service will be performed during normal business hours Monday to Friday. Any work requested outside these hours will be charged at “out of hours” rates.

Warranty will not be covered if it is found equipment is damaged by outside influences beyond the control of REMOTEK. Some examples of this are: incorrect voltage, vandalism to equipment, flood, fire, lightning strike, modifications to equipment carried out by unauthorised personnel.

In some circumstances planning approval may be required prior to installation of any outdoor units depending upon the Authority or Council involved; it is the client’s responsibility to determine whether this is the case and to obtain any necessary approvals that may be required. Remotek Pty Limited will help with this in any way it can, e.g. providing drawings of equipment locations, etc.

Remotek Pty Limited is not responsible for any existing electrical installation. Any unforeseen conditions to aerial or underground cabling or piping will be at the client’s expense unless specifically quoted for in writing.

Remotek Pty Limited is not responsible for any upgrades to any existing installation unless specifically quoted for in writing; we contract a licensed Electrical Engineer and can provide free advice in this regard.

Remotek Pty Limited is not responsible for any damage associated with any prior installation. In some circumstances due to the structure of the building some installations will need to re-quoted.

Remotek Pty Limited is not responsible for structural changes and making good.

When walking through property whilst installing it is not our responsibility to repair any damage to gardens or ladscaping; we will take all care in trying to avoiding this eventuality.

Remotek Pty Limited is not responsible for fading, sun damage or fair wear and tear of externally mounted hardware..

Remotek Pty Limited liability in respect of a breach of a consumer guarantee for any Goods not of a kind ordinarily acquired for personal, domestic or household use is limited, to the extent permissible by law and at Remotek Pty Limited option;

(i) in relation to the Goods:

the replacement of the products or the supply of equivalent products;

B. the repair of the products;

C. the payment of the cost of replacing the products or of acquiring equivalent products; or

D. the payment of the cost of having the products repaired.

(ii) in relation to the services:

A. the supply of the services again; or 

B. the payment of the cost of having the services supplied again.

 To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms and Conditions are excluded and Remotek Pty Limited is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:

(i) any increased costs or expenses;

(ii) any loss of profit, revenue, business, contracts or anticipated savings;

(iii) any loss or expense resulting from a claim by a third party; or

(iv) any special, indirect or consequential loss or damage of any nature whatsoever caused by Remotek Pty Limited failure to complete or delay in completing the order to deliver the Goods.

Indemnity

To the full extent permitted by law, the Customer will indemnify Remotek Pty Limited and keep Remotek Pty Limited indemnified from and against any liability and any loss or damage Remotek Pty Limited may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms and Conditions by the Customer or its representatives.

Installation and Service Location

Your quote will indicate the service region that is applicable within the State of New South Wales and includes the ACT. It will be either Metro or Rural & Regional. Metro is defined for these purposes as the area from the Hawkesbury to the Northern Beaches in the north, to Emu Plains in the west, Campbelltown and Waterfall in the south. Rural & Regional is defined for these purposes as all other areas in NSW and the ACT other than Metro. 

Exclusions

The price agreed herein does not include any expense covering damage arising from hidden or unknown contingencies found at the job site: example – faults or deteriorations of any existing structure, pre-existing conditions of the site, heritage or preservation orders, finding of hazardous substances and the like, unless specifically noted in the quoted price.

This shall exclude the following items and it shall be the responsibility of the Customer to provide the same unless otherwise agreed in writing:

the performing of any building work including (but not limited to) cutting holes, patching, painting;

installation of plinths or platforms;

metered electrical mains brought to a point adjacent to the equipment as required;

alterations to the switchboard or existing mains supply;

condensate drains brought to a point adjacent to the equipment as required

installation of non-hazardous zoned equipment in a hazardous zone

installation of equipment with no Intrinsically Safe Systems Document

General

a) This Agreement shall, in all respects, be governed by, and construed and interpreted in accordance with, the Laws of New South Wales without giving effect to any conflicts of law principles of such State that might refer the governance, construction or interpretation of this Agreement to the Laws of another jurisdiction.

b) These Terms and Conditions contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.

c) Any conditions found to be void, unenforceable or illegal may, to that extent be severed from these Terms and Conditions.

d) No waiver of any of these Terms and Conditions or failure to exercise a right or remedy by Remotek Pty Limited will be considered to imply or constitute a further waiver by Remotek Pty Limited of the same or any other term, condition, right or remedy.