Broadcast One

Terms and conditions

  1. Order: Any orders we accept from you will be subject to these terms and conditions even if your order does not specifically refer to these terms and conditions. Any order or other communication from you which differs from or adds to these terms and conditions will not be valid without our express written consent. We may charge you a cancellation charge of up to 100% of the price stated in our quotation if you cancel your order after our acceptance.
  2. Price: Catalogues, price lists and other advertising material used by us are intended only as an indication as to the price and range of products offered. Prices are Ex Works (Incoterms 2000) Sydney exclusive of freight, packing, insurance and related handling charges, GST, duties, fees, bank charges or other service charges unless otherwise stated in our quotation. All quoted or listed prices are based on our cost of supplying the deliverables to you. If before delivery there is an increase of any of these costs in any way, the price payable may be subject to amendment at our discretion and we will endeavour to notify you as soon as practicable.
  3. Exchange Rate: Prices are stated in AUD and based on the exchange rate shown on our quotation. Any variation in the exchange rate and the rate paid at the date of invoicing will be to your account.
  4. Payment: You must pay any monies you owe us 30 days from the date of our invoice unless otherwise stated in our quotation, without any set‐off or deductions and if applicable, according to the milestones stated in our quotation. Late payments may be subject to a monthly charge of 1.5% on any unpaid amounts.
  5. Scope: The deliverables which we provide to you and the responsibility matrix detailing our and your responsibilities are stated in our quotation.
    Specifications: Products are provided according to the manufacturer’s standard specifications as these may be improved, substituted or modified. We will not be liable for any loss or damage caused by or resulting from any variation for whatever reason in the manufacturer’s specifications or technical data and from reduction or cessation of supply following such variation. We will endeavour to advise you of any such impending variation as soon as we receive notice from the manufacturer.
  6. Delivery and Acceptance: The products will be delivered to the destination stated in your order. Any delivery and performance datelines are estimates only and we will use our reasonable commercial endeavours to meet them. We may make partial delivery and will not be liable for any loss or damage suffered as a result of any delays or failure to deliver irrespective of the cause. You must inspect the products on delivery and will be deemed to have accepted the products unless you notify us with details of any claim within 5 days of delivery.
  7. Title and Risk: Title to hardware products will remain our property until all monies owing are paid in full. Risk will pass to you upon delivery. We accept no liability for any loss or damage caused by the carrier even if we arranged freight at your request to the destination which you advised us.
  8. Product Warranty: We warrant that we have a licence to supply all products to you. If any of the products (other than software) are defective in materials or workmanship under normal operation or service during the period of 12 months from delivery, such products will be repaired or replaced only according to the warranty cover and terms provided by the manufacturer provided that no unauthorized modifications to the products or the system of which the products form part have taken place. Field services may be provided at our option if a reasonable effort by your qualified technical personnel has not corrected the problem. You must pay all travel and living expenses associated with such field services provided by us or the manufacturer’s personnel. We are not responsible for the cost of labour or other expenses incurred in repairing or replacing defective or non‐conforming parts. We will not consider any claim for refund, or compensation until liability, if any, has been established or agreed with the manufacturer.
  9. Service Warranty: If you purchase services as part of the deliverables, we warrant all workmanship for a period of 12 calendar months from completion of performance as certified by us.
  10. Documentation: Unless otherwise stated in our quotation, we will not provide any documentation including any interface drawings or installation layouts. Ownership of all documents relating to hardware products which we provide to you in any medium belong to the applicable proprietary owner. You are granted a non‐transferable, non‐exclusive licence to use them to enable you to use, install and operate the hardware products in Australia.
  11. Disclaimer: To the extent permitted by law and except as expressly provided in these terms and conditions, WE DISCLAIM AND EXCLUDE ALL WARRANTIES, whether express or implied, by statute or otherwise, including but not limited to the warranties of description, design, quality, fitness for a particular purpose or arising from any prior course of dealing, usage or trade practice. WE EXCLUDE ALL LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGE, INCLUDING BUT NOT LIMITED TO COMMERCIAL LOSS AND LOST PROFITS, OF ANY NATURE WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING OUT OF THE SUPPLY OR USE OF THE DELIVERABLES. Where such liability cannot be excluded, we limit our liability at our option to the cost of repair or replacement of the products or the supply of equivalent products or the re‐performance of the services or the refund of the sale price less a reasonable charge for use and such liability is our sole and entire liability to you.
  12. Insurance: Until title passes to you, you will hold the products as our bailee and keep them properly stored, protected and insured and identified as our property or the property of the proprietary owner, as the case may be.
  13. Termination: If you fail to pay on time or if you become insolvent or bankrupt or have a receiver appointed to protect and control your assets, we are entitled to immediately stop manufacture of all your orders, shipments or services to you and repossess at your cost all products which remain our property and immediately terminate by written notice the affected order or these terms and conditions.