Sales Terms & Conditions

  1. INTERPRETATION

    In these sales terms and conditions:

    1. "Surity" refers to Surity Pty. Ltd. (ABN: 60 091 570 535) of Unit 10a, 2 Cameron Road, Mount Barker South Australia 5251, which is the seller of the goods to the purchaser;
    2. "Good(s)" means the product and any service sold or provided by Surity;
    3. "Purchaser" means the purchaser of the goods from Surity.
  2. GENERAL
    1. These terms and conditions (which shall only be waived in writing signed by Surity) shall prevail over all terms and conditions of the purchaser to the extent of any inconsistency.
  3. TERMS OF SALE
    1. The goods sold or provided by Surity are sold or provided on these following terms and conditions.
  4. PRICING
    1. Surity quotations and proposals are open for acceptance within the period stated therein or, when no period is stated, within 14 days only after the date of quotation.
    2. All goods, services and delivery fees are subject to Australian Goods and Services Tax (GST). International, Cocos and Christmas Island customers are exempt from this tax.
    3. Unless clearly stated otherwise, the prices for goods stated on all quotations and proposals do not include Goods and Service Tax (GST).
    4. 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 tax invoice.
  5. PAYMENT
    1. The purchase price in relation to goods and the costs of service shall be payable without deduction in accordance with Surity’s standard payment terms stated herein unless other terms of payment are expressly agreed in writing.
    2. The purchaser may not withhold payment on the basis that after sales service or a warranty service is requested.
    3. No payments may be withheld due to pending warranty disputes.
  6. PAYMENT TERMS
    1. Where credit is provided, payment in full is required within thirty (30) days from the date of invoice.
    2. No discount terms are offered other than that specified on the invoice provided by Surity.
    3. To be eligible to claim any discount, payment must be received by Surity by the date specified in the discount terms on the invoice provided by Surity.
    4. Payment may be made by Electronic Funds Transfer (EFT) to Surity’s bank account or by cheque made payable to Surity Pty Ltd.
    5. Surity reserves the right to seek recovery if any monies remaining unpaid sixty days from the date of invoice via collection agencies or through other legal means. In such circumstances, the purchaser shall be liable for any and all additional administrative and/or court costs.
    6. Returned cheques will incur a $50 charge to cover banking fees and administrative costs.
    7. In an instance of a second returned cheque, Surity reserves the right to terminate the arrangement and, if agreed to, Surity will insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
  7. INTEREST ON OVERDUE PAYMENTS
    1. If Surity 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 2% of the invoice value per calendar month.
    2. All interest shall be recoverable forthwith from the purchaser.
  8. DELIVERY
    1. The delivery times and service time made known to the purchaser are estimates only and Surity shall not be liable for late delivery, non-delivery or delay and under no circumstances shall Surity be liable for any loss, damage or delay occasioned to the purchaser arising from late or non-delivery or late installation of the goods.
    2. Upon delivery to the purchaser, Surity’s software products are subject to the standard Surity Software License Agreement unless another software licensing agreement is executed between Surity and the Purchaser.
    3. Delivery of Surity software maintenance services is subject to the standard Surity Software Maintenance Agreement unless another software maintenance agreement is executed between Surity and the Purchaser.
  9. GOODS RETURNED
    1. No goods may be returned to Surity for any reason without prior approval by Surity.
    2. Goods returned to Surity will attract a 20% restocking fee, and transportation at the purchaser's cost.
    3. Unless the purchaser notifies Surity 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.
  10. CANCELLATION
    1. No order may be cancelled except in writing and on terms which will indemnify Surity against all losses.
  11. SHORTAGE
    1. The purchaser waives any claim for shortage of any goods delivered if a claim in respect thereof has not been lodged with Surity within 72 hours from the date of receipt of goods by the purchaser.
  12. LOSS OR DAMAGE IN TRANSIT
    1. Surity is not responsible for any loss or damage to goods in transit. Surity shall provide assistance to the purchaser where necessary to pursue a claim against the carrier. The purchaser shall have notified Surity 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.
  13. SPECIFICATIONS OF GOODS
    1. Surity 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 recognised tolerances and variables applicable.
  14. WARRANTY & LIMIT OF LIABILITY
    1. The goods are the subject of the manufacturer's warranty.
    2. Surity shall consider any warranty claim and within seven (7) days of its receipt shall advise the purchaser whether it considers that the claim appears to be covered by the manufacturer's warranty.
    3. In accordance with the manufacturer's warranty and subject to the limitations and exclusions provided therein, Surity may facilitate the repair or replacement of components or the whole item of goods.
    4. The Purchaser may not purport to carry out its own warranty service without the prior written approval of Surity.
    5. At the end of the warranty process Surity will return the repaired or new goods as the case may be to the Purchaser at the Purchaser's transportation cost.
    6. Surity does not warrant that the operation of any good, including software, shall be error free or uninterrupted.
    7. All warranty is on a return to base basis - i.e. Surity is not liable for any travel expenses incurred if travelling out to assess a potential warranty issue.
    8. Unless the purchaser notifies Surity 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.
    9. Contact details of all end-users who purchase goods must be provided to Surity by the purchaser for the warranty period to apply.
    10. Warranty is not provided by Surity 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.
    11. Surity reserves the right to not send any replacement good until the faulty good has been received at a location designated by Surity. Surity 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 Surity.
    12. Warranty claims will only be considered if there is a problem with the operation of any goods sold by Surity. Goods that were not supplied by GPS but were used in the installation will not be covered under warranty.
    13. Surity reserves the right to not consider warranty claims as a result of incorrect and/or faulty installations.
    14. Surity reserves the right to void warranty if goods or services are not paid for within specified terms.
  15. RIGHTS IN RELATIONS TO GOODS
    1. Surity reserves the right in relation to the goods until all accounts owed by the purchaser to Surity are fully paid.
    2. Surity reserves the rights to:
      1. Legal ownership of goods;
      2. 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;
      3. 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 Surity and shall pay such amount to Surity upon request.
    3. Notwithstanding, the provisions above, Surity 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.
  16. PURCHASER'S PROPERTY
    1. Any property of the purchaser under Surity custody or control shall be entirely at the purchaser's risk as regards to loss or damage caused to the property or by it.
  17. NO WAIVER
    1. 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.
    2. 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.
  18. FORCE MAJEURE
    1. If by reason of any fact, circumstance, matter or thing beyond the reasonable control of Surity is unable to perform in whole or in part any obligation under this agreement then Surity 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.
  19. PASSING OF RISK
    1. 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.
  20. EXCLUSION OF LIABILITY
    1. Surity 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. Surity shall be under no liability for damages to the environment arising from the use of the goods.
    2. 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.
    3. Notwithstanding any other clauses in these conditions, if any liability is found to attach to Surity to the Purchaser or any person claiming through the Purchaser, Surity's liability is limited to replacing the Goods or at Surity's election the cost replacing the Goods.
  21. EXCLUSION OF REPRESENTATION AND ARRANGEMENTS
    1. 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.
  22. PLACE OF CONTRACT
    1. The contract for sale of the goods and the provision of the services is made in the State of South Australia and the purchaser agrees to submit all disputes arising with Surity to the courts of such State and any court competent to hear appeals there from.