“Equipment” means all goods, equipment, consumables, and accessories of whatever nature supplied by Figtek to the Buyer and “Service” includes any services provided by Figtek in delivery, unpacking, installing, and operation
“GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax Act) 1999 as amended;
“Terms” means these Terms and Conditions of Sale.
With respect to the software and software media enclosed herein, FIGTEK Systems warrants the same to be free
from defects in materials or workmanship for a period of 30 days from the date of purchase. In the event of
notification within the warranty period of defects in materials or workmanship, Figtek will replace
the defective media. Warranty is limited to replacement and shall not encompass any other damages, including
but not limited to loss of profit, special, incidental, consequential, or other similar claims.
Figtek specifically disclaims all other warranties, expressed or implied.
For provisions of warranty relating to the figtek and accessories please refer to the warranty
“Supplier“ means “Figtek”
2. Basis of Agreement
2.1 Unless otherwise agreed by us in writing, the Terms apply exclusively to every Sale Contract with the buyer and cannot be varied or supplanted by any other terms, including the buyers’s terms and conditions (if any).
3.1 Prices for the Sale of the equipment will be advised by us at the date of purchase and are subject to change at any time, on written notice from us.
3.2 If we require the Buyer to pay a deposit, then this must be paid prior to us providing or delivering any equipment.
3.3 Unless otherwise stated, prices quoted for the purchase of equipment include any applicable GST and any other taxes or duties imposed on or in relation to the purchase of equipment.
3.4 If the buyer requests any variation to a sale Contract, we may vary the purchase fees to account for the variation.
3.5 Where there is any change in the costs incurred by us in relation to the purchase of equipment from us may vary its purchase fees in order to take account of any such change, by notifying the buyer.
3.6 Travel fee would apply on a case by case basis
4.1.1 Payment for deposits must be made to secure and validate the quoted contract. Any outstanding balance must be paid in full 48 hours before the delivery time.
4.1.2 Payment must be made by credit card or direct deposit to the suppliers account. .
4.1.5 If full payment cannot be made 48 hours prior to the delivery, the purchaser may;
4.1.5(a) incur a ‘Late Payment Fee’ of $100 for every 24 hour period late, on top of the amount already owed or
4.1.5(b) cancel the purchase contract with any deposit being forfeit.
4.1.6 Deposits are non-refundable.
4.2.1 TITLE AND RISK:
Title to and property in the Goods shall pass to Purchaser on the first to occur of payment of any part of the Purchase Order price or delivery to the place specified in the Purchase Order. Such Goods yet to be delivered by Supplier shall be appropriately marked and identified as the property of Purchaser.
Risk in the Goods shall remain with Supplier until the time Purchaser takes delivery of the Goods unless otherwise expressly stated in the Purchase Order. Any loss or damage to Goods howsoever caused when under Supplier’s risk shall at its own cost be rectified by Supplier and thereafter when the risk in the Goods has transferred to Purchaser, Supplier shall be liable for any loss or damage to such Goods to the extent caused by its negligence, wilful act, misconduct, fault, breach of duty (statutory or otherwise) or breach of the Purchase Order.
Unless otherwise stated, payment of the Purchase Order price shall be made in full within thirty (30) days from receipt by Purchaser of correct and proper invoice and required supporting documentation following delivery of Goods to the delivery point stated in the Purchase Order
Supplier shall, at its cost, effect and maintain until the risk in the Goods passes to Purchaser adequate material loss or damage insurance at least to the full replacement value of the Goods including adequate transit insurance and also covering unloading if Supplier is required to unload the Goods. Such insurance shall cover the parties’ respective rights and if required by Purchaser shall be in the joint names of the parties. Supplier shall carry: (a) Workers Compensation/Employer’s Liability required by law with where legally permitted an indemnity for Purchaser (including its client as applicable) and ensure that its sub-suppliers have similarly insured its employees; (b) adequate public & product liability insurance and (c) any other insurance pursuant to Clause 16 (if applicable
Return to base warranty claim
Supplier warrants that the Goods supplied shall be of merchantable quality, fit for the purpose intended and free of defects in materials, workmanship and design. If Purchaser supplies manufacturing drawings to Supplier, Supplier warrants that the Goods are manufactured and supplied strictly in accordance with such drawings.
Supplier shall (at the option of Purchaser) either replace or repair and make good any Goods or parts of Goods supplied by it found to be defective or in any way unsuitable for the purpose intended for a period of twelve (12) months from date of delivery of the Goods (“Warranty Period”). If Supplier repairs or replaces Goods during the Warranty Period, then those Goods repaired or replaced have a further warranty for a period of twelve (12) months from the date such repairs or replacements were completed.
All equiptment, machines must be maintained once a week free of dust and other particales. Any alterations to the machine internally, externally, calibrations, and software changes will avoid the warranty.
Log book report of all the equipment maintanice must be kept in order to claim any warranty from supplier.
Equipment must be installed by relative trade certified professional.
4.2.4 WAIVER & AMENDMENT:
Neither a waiver of any provision of the Purchase Order nor consent to any departure therefrom shall be effective unless given in writing by Purchaser.
Except as provided by law or equity or elsewhere in the Purchase Order, none of the provisions of the Purchase Order shall be varied or amended without the prior written consent of the parties.
4.2.5 CANCELATION :
Purchaser may at its option cancel the Purchase Order or any part thereof at any time. Purchaser’s liability will be to pay for materials manufactured and supplied in accordance with the Purchase Order up to the date of cancellation and for costs of materials and other items ordered in connection with the Goods for which Supplier is legally bound to pay. Upon such payment, title to and property in all those materials and other items shall pass to Purchaser.
If at any time Supplier discovers that the time of delivery will not be met, it shall notify Purchaser within two (2) working days of discovery stating cause of delay and earliest possible delivery date. Purchaser may thereupon (without prejudice to any other rights) terminate all or part of the Purchase Order. If Supplier is delayed in delivery of the Goods by unforeseeable occurrences or causes such as acts of God, state or nationwide strikes, fire or other causes of a similar nature beyond Supplier’s reasonable control, Supplier shall notify Purchaser within two (2) days of the commencement of each such occurrence or cause and request an extension of time. If approved by Purchaser, any extension of time shall be granted in writing. Supplier shall not be entitled to and hereby waives any and all claims to increased compensation for/or damages which it may suffer from any such unforeseeable causes.
4.2.7 Returns : NO RETURNS ACCEPTED. We will offer modifications or repairs at extra charges. Buyer pays postage to and from.
4.3 Dispatch and delivery
4.3.1 Figtek will ship your order to anywhere in Australia. With an extensive warehouse full of stock, our dispatch team endeavour to ship your orders within 48 hours of payment being received. Figtek uses Australia Post by default, except for larger items which may be sent with StarTrack.
4.3.2 Once your order is processed we will email you the tracking details of your order; which can be tracked via Auspost or StarTrack. If, for some reason, there is a delay or we are unable to fill your order, we will notify you as soon as possible.
4.3.3 Shipping Times
For an estimate on delivery times to your specific location, please check the online Transit Time Calculator for Australia Post. If your order is for a larger item, please check the StarTrack ETA Calculator.
4.3.4 Express Shipping
If you need your product in a hurry and you are happy to pay a bit extra to get it faster, Figtek offer an express shipping option through StarTrack Express. Express Shipping is currently a manual process.
Unfortunately, Figtek currently do NOT accept any international orders.
No returns or exchange accepted. Purchaser is recommended to test the items before purchasing.
5. Variation and Cancellation
5.1 If through circumstances beyond the control of the supplier, they are unable to provide equipment, then they may:
(a) make changes to the equipment provided so that the end performance is not materially prejudiced; or
(b) cancel any purchase Contract (even if it has already been accepted) by notice in writing without any liability to the seller.
5.2 The seller may cancel a purchase Contract prior to delivery of equipment but will forfeit any deposit paid. .
8. Breakdown or defect
8.1 The burt must carefully inspect the equipment upon delivery and notify us within 24 hours if there is any damage, loss or shortage. Any shortages not notified within this time will be charged for in full.
8.2 Breakdown or defect in the equipment resulting from:
(a) proper or ordinary use: or
(b) the development of an inherent fault or faults not ascertainable may, at our option, either be repaired at the Site
8.3 If repair is impracticable and if replacement equipment is not available, the proportional charge for the broken or defective equipment will be credited to the buyer and we will not have any other liability whatsoever to the buyer.
9. Property, Risk and Insurance
9.1 The ownership of the equipment at all times remains with the supplier and nothing in these Terms or any sale Contract imparts any ownership rights to the seller.
9.2 The risk in the equipment is with the buyer for the life Period or while the equipment is in the custody, possession or under control of the buyer.
9.3 The buyer must have its own insurance for loss, damage or theft of the equipment to its full replacement value.
10. Default and Termination
10.1 If the Buyer:
(a) breaches any of the Terms;
(b) allows the equipment to be damaged or lost or the equipment is damaged or lost while under the responsibility of the buyer;
(c) defaults in payment by the due date of any amount payable;
(d) is an individual and becomes bankrupt or enters into any scheme of arrangement or composition of the benefit of his or her creditors;
(e) is a corporation and becomes insolvent or enters into any scheme of arrangement, any assignment or composition with or for the benefit of its creditors, has as a liquidator, administrator, receiver or manager appointed, or any action is taken for winding up or dissolution;
Then the supplier may, without prejudice to any other remedy available to it:
(f) require immediate payment of all money which would become payable by the buyer to us at a later date on any account, without further notice;
(g) charge the buyer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (VIC) plus 4 per cent for the period from the due date until the date of payment in full;
(h) charge the buyer for, and the buyer must indemnify us from, all costs and expenses (including without limitations all legal costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Terms or to recover the equipment;
(i) charge the buyer for the cost of repairing or replacing any lost, damaged or destroyed equipment;
11.1 Except as specifically set out herein, or contained in any warranty statement provided with the equipment, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the equipment whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
11.2 Repair or replacement of the equipment or refund , as determined in the absolute discretion of the supplier. It is the absolute limit of our liability howsoever arising under or in connection with thesale, use of, storage or any other dealings with the equipment by the buyer or any third party.
11.3 We are not liable for any indirect or consequential losses or expenses suffered by the buyer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
11.4 We will not be liable for any loss or damage suffered by the buyer where we have failed to meet any delivery date or time, cancels or suspends the sale of equipment.
11.5 Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the hire of equipment which cannot be excluded, restricted or modified.
17. Electronic Communications
17.1 When you visit the suppliers Website or send e-mails to the supplier, you are communicating electronically.
17.2 You consent to receive communications from us electronically.
17.3 We will communicate with you by e-mail or by updating these terms on our website.
17.4 You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
18.1 The law of Victoria and New South Wales from time to time governs the Terms and the parties agree to the nonexclusive jurisdiction of the courts of Victoria, New South Wales, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
18.2 Failure to enforce any of these Terms shall not be construed as a waiver of any of our’ rights.
18.3 If any of the Terms are unenforceable it shall be read down so as to be enforceable or, if it cannot be so read down, the term shall be severed from these Terms without affecting the enforceability of the remaining terms.
18.4 A notice must be in writing and handed personally, sent by facsimile, email or Australia post to the last known address of the addressee. Notices sent by post are deemed to be received upon posting. Notices sent by facsimile are deemed received on the facsimile machine confirming transmission. Email is deemed to be received once a response has been made.