Terms & Conditions

Sales Terms & Conditions

The good(s) described in this invoice are only available to the purchaser upon the terms and conditions set out below.

INTERPRETATION:

In these sales terms and conditions:

"GPS-Ag" refers to GPS-Ag Pty. Ltd. (ABN: 91091304157) of 62 Collins St. Kangaroo Flat, Victoria 3555, which is the seller of the goods to the purchaser;
"Good(s)" means the product and any service sold or provided by GPS-Ag;
"Purchaser" means the purchaser of the goods from GPS-Ag.

GENERAL:

These terms and conditions (which shall only be waived in writing signed by GPS-Ag) shall prevail over all terms and conditions of the purchaser to the extent of any inconsistency.

TERMS OF SALE:

The goods sold or provided by GPS-Ag are sold or provided on these following terms and conditions.

PRICING:

GPS-Ag quotations are open for acceptance within the period stated therein or, when no period is stated, within 14 days only after the date of quotation.
The Goods and Service Tax (GST) is included in all quotes unless clearly stated otherwise.
For the purpose of 38-185 of the GST Act, the day upon which the seller gives the invoice for the supply shall be the date of the invoice.

PAYMENT:

The purchase price in relation to goods and the costs of service shall be payable without deduction prior to shipment or performance as the case may be unless other terms of payment are expressly stated in writing.
The purchaser may not withhold payment on the basis that after sales service or a warranty service is requested.
No payments may be withheld due to pending warranty disputes.

INTEREST ON OVERDUE PAYMENTS:

If GPS-Ag is not paid for any goods on the due date specified in these terms and conditions without prejudice to any other rights or remedy, all outstanding money shall bear interest at the rate as set, pursuant to the Penalty Interest Rates Act, Victoria, 1986. All interest shall be recoverable forthwith from the purchaser.

DELIVERY:

The delivery times and service time made known to the purchaser are estimates only and GPS-Ag shall not be liable for late delivery, non-delivery or delay and under no circumstances shall GPS-Ag be liable for any loss, damage or delay occasioned to the purchaser arising from late or non-delivery or late installation of the goods.

GOODS RETURNED:

No goods may be returned to GPS-Ag for any reason without prior approval by GPS-Ag. Goods returned to GPS-Ag will attract a 20% restocking fee, and transportation at the purchaser's cost.
Unless the purchaser notifies GPS-Ag to the contrary in writing within 72 hours after receipt of purchase of goods, it shall be conclusively presumed that the goods were delivered to the purchaser in good operating condition and that the purchaser has accepted the goods under the terms of this agreement.

CANCELLATION:

No order may be cancelled except in writing and on terms which will indemnify GPS-Ag against all losses.

SHORTAGE:

The purchaser waives any claim for shortage of any goods delivered if a claim in respect thereof has not been lodged with GPS-Ag within 72 hours from the date of receipt of goods by the purchaser.

LOSS OR DAMAGE IN TRANSIT:

GPS-Ag is not responsible for any loss or damage to goods in transit. GPS-Ag shall provide assistance to the purchaser where necessary to pursue a claim against the carrier. The purchaser shall have notified GPS-Ag and the carrier/s in writing immediately loss or damage is discovered on receipt of goods and shall lodge a claim on the carrier within 72 hours of the date of the receipt of goods.

SPECIFICATIONS OF GOODS:

All specifications are approximate only and any deviation shall not be taken to vitiate any contract with GPS-Ag or form grounds for any claim against GPS-Ag.

PERFORMANCE OF GOODS:

GPS-Ag shall be under no liability for damages for failure to attain a desired performance unless that performance requirement is specifically guaranteed in writing and any such written guarantee shall be subject to the recognized tolerances and variables applicable.

WARRANTY & LIMIT OF LIABILITY:

The goods are the subject of the manufacturer's warranty.If the goods fail because of a defect in workmanship or materials, within the lesser of twelve months from GPS-Ag receiving the Purchaser's contact details or the 1000th hour of the goods' operation, the Purchaser shall complete the GPS-Ag Warranty Claim Form and send it to GPS-Ag for consideration.
GPS-Ag shall consider the Warranty Claim Form and within 7 days of its receipt shall advise the Purchaser whether it considers the Form to show that the claim appears to be covered by the manufacturer's warranty. If GPS-Ag so advises the Purchaser may at its own expense deliver the goods to GPS-Ag for consideration under the manufacturer's warranty.
In accordance with the manufacturer's warranty and subject to the limitations and exclusions provided therein, GPS-Ag may facilitate the repair or replacement of components or the whole item of goods.
The Purchaser may not purport to carry out its own warranty service without the prior written approval of GPS-Ag.
At the end of the warranty process GPS-Ag will return the repaired or new goods as the case may be to the Purchaser at the Purchaser's transportation cost.

WARRANTY & LIMIT OF LIABILITY CONTINUED:

The warranty specifically excludes all GPS antenna cables and radio modem cables.
GPS-Ag does not guarantee the availability of GPS satellites for the operation of any Good.
GPS-Ag does not warrant that the operation of any good, including software, shall be error free or uninterrupted.
All warranty is on a return to base basis - i.e. GPS-Ag is not liable for any travel expenses incurred if traveling out to assess a potential warranty issue. Any good being considered for warranty should be returned to the nearest GPS office or representative. If a Dealer is unsure where to send the Goods, the Dealer must contact GPS-Ag to find the nearest GPS-Ag office or representative.
Unless the purchaser notifies GPS-Ag to the contrary in writing within 72 hours after receipt of purchase of goods, it shall be conclusively presumed that the goods were delivered to the purchaser in good operating condition and that the purchaser has accepted the goods under the terms of this agreement.
Contact details of all end-users who purchase goods must be provided to GPS-Ag by the purchaser for the warranty period to apply.
Warranty is not provided by GPS-Ag for damage resulting from abuse, neglect, accidents, vandalism, acts of nature, mishandling or any other causes that are outside the normal, intended use of the goods.
GPS-Ag reserves the right to not send any replacement good until the faulty good has been received at a location designated by GPS-Ag. GPS-Ag will not be liable for any transportation costs arising from the replacement good reaching the designated location or the faulty good and/or replacement good being transported back to GPS-Ag.
GPS-Ag reserves the right to be able to estimate the time that it should take for the purchaser to perform the service work. If there is any dispute then any compensation will be based on this estimated time.
Warranty claims will only be considered if there is a problem with the operation of any goods sold by GPS-Ag. Goods that were not supplied by GPS but were used in the installation will not be covered under warranty.
GPS-Ag reserves the right to not consider warranty claims as a result of incorrect and/or faulty installations.
GPS-Ag reserves the right to Void warranty if goods or services are not paid for within specified terms.

RIGHTS IN RELATIONS TO GOODS:

GPS-Ag reserves the right in relation to the goods until all accounts owed by the purchaser to GPS-Ag are fully paid:

Legal ownership of goods;
To enter the purchaser's premise (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the goods;
To keep or resell any goods repossessed, if the goods are resold, or products including the goods are sold by the purchaser, the purchaser shall hold part of the proceeds of any such sale as represents the invoice price of the goods sold or used in a separate account as the beneficial property of GPS-Ag and shall pay such amount to GPS-Ag upon request. Notwithstanding, the provisions above, GPS-Ag shall be entitled to maintain an action against the purchaser for the purchase price and the risk of the goods shall pass to the purchaser upon delivery of the goods.

PURCHASER'S PROPERTY:

Any property of the purchaser under GPS-Ag custody or control shall be entirely at the purchaser's risk as regards to loss or damage caused to the property or by it.

NO WAIVER:

The failure of any party to enforce the provisions of this agreement or to exercise any rights expressed in this agreement shall not be a waiver of such provisions or rights and shall not affect the enforcement of this agreement. The exercise by any party of any of its rights expressed in this agreement shall not preclude or prejudice such party from exercising the same of any other rights it may have irrespective of any previous action taken by that party.

FORCE MAJEURE:

If by reason of any fact, circumstance, matter or thing beyond the reasonable control of GPS-Ag is unable to perform in whole or in part any obligation under this agreement then GPS-Ag shall be relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform and shall not be liable to the purchaser in respect of such inability.

PASSING OF RISK:

Risk in the goods shall pass to the purchaser upon delivery of the goods to the purchaser or collection of the goods by the purchaser's agent or carrier as the case may be.

EXCLUSION OF LIABILITY:

GPS-Ag shall not be liable to the purchaser in contract nor in tort arising out of, or in connection with, or relating to, the performance of the goods or any breach of these conditions or any fact, matter or things relating to the goods or error (whether or not it is negligent or a breach of contract) in information supplied to the purchaser or an end-user before or after the date of the purchaser's or end-user's use of the goods. GPS-Ag shall be under no liability for damages to the environment arising from the use of the goods.
The Purchaser acknowledges that under applicable State, Territory and Commonwealth law (including the Trade Practices Act), certain conditions and warranties may be implied in any contract based on these terms and conditions, and rights and remedies may be conferred on consumers which cannot be excluded, restricted or modified by agreement (the "Non-Excludable Rights") and notwithstanding any clause herein the Non-Excludable Rights are not excluded, restricted or modified by these conditions except to the extent permitted by law.
Notwithstanding any other clauses in these conditions, if any liability is found to attach to Gps-Ag to the Purchaser or any person claiming through the Purchaser, Gps-Ag's liability is limited to replacing the Goods or at Gps-Ag's election the cost replacing the Goods.

EXCLUSION OF REPRESENTATION AND ARRANGEMENTS:

These terms and conditions supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of the goods of any part thereof including, but without limiting the generality of the foregoing, those relating to the performance of the goods or any part thereof or the results that ought to be expected from using the goods.

PLACE OF CONTRACT:

The contract for sale of the goods and the provision of the services is made in the State of Victoria and the purchaser agrees to submit all disputes arising with GPS-Ag to the courts of such State and any court competent to hear appeals there from.