1. Scope

 

1. All Maintenance Services are provided by LazCor Technologies to the Customer upon these Terms and Conditions.  If there is any inconsistency between the provisions of any quote or tender response and these Terms and Conditions, the quote or tender response will apply to the extent of the inconsistency.

2. Unless LazCor Technologies otherwise agrees in writing, none of the quotes are contractual offers and all quotes lapse after 30 days or the lesser period specified in the quote.

3. No orders submitted by the Customer will bind LazCor Technologies until accepted by LazCor Technologies and LazCor Technologies may accept any order in whole or in part.

 

1. Product price

 

1. All prices exclude freight charges to the Customer's premises.  A freight charge, based on distance and weight  of the complete packaged materials will be added to each invoice to cover packaging, handling, transport and insurance.

 

1. Service Charges

 

1. The Service Charges are based on the capacity of the System and that no reduction in the use or the availability of the serviced Products for whatever reason shall decrease the Service Charges payable.

2. Routine Manitenance Service will be carried out according to the corresponding instructions as described in the Servcie Manual of the system. If at any time LazCor Technologies determines that the work required in providing the Routine Maintenance Services goes beyond the work as  described in the Service Manual of the system, or the Customer requests work outside the normal business hours, LazCor Technologies may impose charges for such work over and above the Routine Maintenance Service Charges and is not obliged to undertake such work until the Customer has accepted the additional charges.

 

1. Quoted amounts

 

1. Prices and Service Charges are listed or quoted by LazCor Technologies in Australian dollars unless specified otherwise and, subject to paragraph 1.2, may be varied without notice.

2. Unless LazCor Technologies states otherwise, all prices, charges and other amounts identified in these Terms and Conditions or any LazCor Technologies quote, offer or tender response as payable by the Customer do not include goods and services tax (GST) or other government taxes and duties which will be determined by LazCor Technologies and added to the invoice.  If GST applies, LazCor Technologies’s invoice will be in the form of a tax invoice. GST will not be added if the Customer satisfies LazCor Technologies that it is exempt. Tax and duties paid by LazCor Technologies are not refundable to the Customer. The Customer will on demand reimburse LazCor Technologies any amounts so paid.

 

 

1. Payment

 

1. Unless LazCor Technologies agrees otherwise in writing, where:

1. a credit account has been approved by LazCor Technologies, accounts are payable in Australian Dollars (or other agreed currency) in full within 30 days from date of invoice, unless a shorter settlement period is specified in the relevant Quote; or

2. a credit account has not been approved by LazCor Technologies, full prepayment in Australian Dollars must be made in cash, or another form of payment acceptable by LazCor Technologies, before shipment of the goods to the Customer (or on delivery, if agreed in writing by LazCor Technologies).

   1. The Customer must not make any deduction from payments due to LazCor Technologies in respect of any set-off or counter-claim unless LazCor Technologies agrees in writing.

   2. If the Customer fails to make any payment to LazCor Technologies when payment is due, LazCor Technologies may, without prejudice to any of its other rights and remedies:

1. charge interest on the overdue amount at the rate of 2% per annum in excess of the interest rate charged by the CBA to corporate customers on a monthly charging cycle for overdrafts less than $100,000 accruing daily, compounded at intervals determined by LazCor Technologies and calculated from the date payment was due to the date of full and final payment.  Any payment made by the Customer to LazCor Technologies will be applied firstly against any accrued interest and then in reduction of the overdue amount; and/or

2. cancel any order by the Customer and/or suspend further deliveries of products to the Customer.

   1. Unless otherwise specified by LazCor Technologies in writing, all payments due to LazCor Technologies will be mailed to LazCor Technologies at the address shown on the front page of these Terms and Conditions/Quote.

 

1. Delivery and Force Majeure

 

1. LazCor Technologies will make reasonable efforts to adhere to quoted, requested or agreed delivery dates.  However, LazCor Technologies will not be liable for any failure to deliver services on or by these dates nor for any loss or damage suffered in connection with such failure.

2. LazCor Technologies will not be liable for any loss or damage in respect of any failure or delay in performance of its obligations under these Terms and Conditions if that failure or delay is due in whole or in part to any cause beyond its reasonable control (including, without limitation, acts of God, fire, storm, flood, earthquake, power supply disturbances, blackouts or other such natural disasters, strikes, lockouts, labour disputes, riots, acts of war, governmental regulation imposed after the fact, delays in transit, shortage of materials or machinery, delays in delivery or shipment on the part of manufacturers, suppliers or agents).  In such an event:

1. LazCor Technologies may extend the quoted, requested or agreed delivery dates or deliver part of an order or suspend delivery during that period of delay or may cancel the order; and

2. any other obligations of LazCor Technologies will be suspended to the extent that, and for the period during which, LazCor Technologies is unable to perform them as a result of the event, and such non-performance will not be a breach of these Terms and Conditions.

 

1. Inspection and Claims on Services to systems.

 

1. The Customer must inspect the serviced systems immediately after completion of work. Without limiting LazCor Technologies's right to dispute such a claim, any claim for damaged or improper service or repair must be made in writing and received by LazCor Technologies within seven working days of work completion. Otherwise, the Customer will be deemed to have accepted the work carried out and, to the extent permitted by law, the system/s serviced will be deemed to be free of any defects which would be apparent on reasonable examination.

2. Subject to paragraphs 7.1 and point 8, allegedly improper serviced systems must be made available for  inspection by LazCor Technologies representative. To the extent permitted by law, if LazCor Technologies is satisfied that the system has not been serviced according to manufaturers indications and as set out on clause 3.2 of this Terms & Conditions, LazCor Technologies will rectify the reported claim or refund the charged price in case LazCor Technologies is unable to rectify the reported claim. 

3. A request for cancellation of any order by the Customer must be notified to LazCor Technologies in writing no later than seven days prior to any quoted, requested or agreed delivery date and must be agreed to by LazCor Technologies.

 

1. Warranty

 

1. The warranty period on any service repair is three months from the date of acceptance of the serviced system. This includes labour and any spare parts replaced.

2. Subject to paragraphs 8.3, and 10.2, LazCor Technologies will repair or replace any spare part used during a service repair, at its option, which it ascertains are defective or unserviceable due to poor materials or deficient workmanship during the Warranty Period. A product repaired or re-placed under this express warranty will be warranted only for the remainder of the original Warranty Period.

3. This express warranty does not cover:

1. any product that is repaired or altered by the Customer or any third party other than with LazCor Technologies prior written consent;

2. any product that fails or is damaged as a result of fair wear and tear, improper storage, operation or maintenance, operation under abnormal or unsuitable conditions, misuse, neglect, abuse, accident or act of God;

3. accessories or consumables such as fuses, bulbs and batteries; and

4. any shipment and/or travelling expenses; or

5. any batteries.

 

1. Responsibility of the Customer

 

1.  The Customer must:

1. nominate an appropriate person as a contact person for matters relating to the Maintenance Services and inform LazCor Technologies of the nominated person’s authority to act for the Customer;

2. ensure where possible that LazCor Technologies's vehicles have access to parking on the Maintenance Site;

3. ensure that LazCor Technologies's maintenance personnel have free and safe access to the Maintained Products at all times during the Principal Period of Maintenance;

4. ensure that LazCor Technologies's maintenance personnel have timely and free and safe access to the Maintained Products should the Customer request services outside the Principal Period of Maintenance;

5. provide without expense to LazCor Technologies adequate space, light, electric power sockets and access to a telephone;

6. make available on request the services of any person who operates the Maintained Products at the Maintenance Site;

7. take all necessary precautions to protect the Maintained Products from physical, environmental and electro-magnetic or electrostatic damage.

 

1. Limitation of liability

 

1.  Except as expressly provided in these Terms and Conditions, to the extent permitted by law and  subject to paragraph 10.2

1.    all warranties, representations, terms and conditions concerning services to be supplied by LazCor Technologies are expressly excluded; and

2. LazCor Technologies will not be liable, nor will there be any remedy against LazCor Technologies, for any indirect or consequential loss, damage, costs or expenses or for any loss of profit, revenue or goodwill, including without limitation any liability of the Customer to any other person, or injury or harm whether on a contractual, tortious (including without limitation, negligence) or statutory basis or otherwise.

   1.  Provisions of the Trade Practices Act 1974 (Cth) and other legislation and laws from time to time in force in Australia, may imply warranties or conditions or impose obligations or liability upon LazCor Technologies which cannot, in whole or in part, be excluded, restricted or modified.  These Terms and Conditions must be read and construed subject to these statutory provisions.

        If such statutory provisions apply and warranties and conditions are implied, then to the extent permitted by law, LazCor Technologies’ s liability (if any) for breach of these implied warranties or conditions arising out of or in relation to the services supplied by LazCor Technologies will be limited, at its option to the supply of the services again or the payment of the cost of having the services supplied again.

 

 

 

1. Miscellaneous

 

1.  These Terms and Conditions:

1. constitute the entire agreement between the Customer and LazCor Technologies as to its subject matter and supersedes all of LazCor Technologies’s previous general terms and conditions and all prior understandings, agreements, negotiations, representations, commitments, whether written or oral;

2. may only be varied in writing signed by authorised representatives of the Customer and LazCor Technologies; and

1. are to be governed by, and construed in accordance with, the laws of the State of New South Wales, and  the parties submit to the jurisdiction of the courts of this State.

   1.  Unless LazCor Technologies agrees otherwise in writing, LazCor Technologies will not be bound by provisions inconsistent with these Terms and Conditions that appear in any acknowledgement by Customer, purchase order (including any Purchase Order) or in any other communication between LazCor Technologies and the Customer.

   2.  If any of the provisions of these Terms and Conditions is invalid, void or unenforceable, the remaining Terms and Conditions will remain in full force and effect.

   3.  No waiver of or failure to exercise any rights under these Terms and Conditions by either the Customer or LazCor Technologies will constitute a waiver of those rights unless the waiver is made expressly in writing.

   4.  All notices or communications required to be given to LazCor Technologies pursuant to these Terms and Conditions will be in writing and delivered to the address shown on the front page of these Terms and Conditions/Quote.  All notices or communications to be given to the Customer shall be delivered to the Maintenance Site or as otherwise notified by the Customer to LazCor Technologies in writing.

 

1. Interpretation and Definitions

 

1.  In these Terms and Conditions:

1. "$" and "dollar" refer to Australian currency;

2. the singular includes the plural and vice versa;

3. reference to a right or obligation of any two or more persons is to be taken as conferring that right or their assuming that obligation, as the case may be, severally; and

4. the word "person" includes a company, firm or other legal entity.

   1. In these Terms and Conditions, unless the context otherwise requires:

1. “Business Hours” means the hours from 9:00am to 5:00pm (AEST) on weekdays (excluding public holidays in New South Wales).

2. “Customer” means the person who submits a Purchase Order.

3. “Maintenance Charges” means the charges to be paid by the Customer to LazCor Technologies for Maintenance Services as set out in the relevant Quote.

4. “Maintenance Services” means the preventative, diagnostic, repair or replacement activities to be carried out by LazCor Technologies.

5. “Maintenance Site” means the address at which Maintained Products are located as specified in the relevant Purchase Order or is otherwise notifed in writing by Customer to LazCor Technologies.

6. “Maintained Products” means the products for which the Customer requires Maintenance Services as specified in the relevant Purchase Order.

7. “Purchase Order” means an order submitted to LazCor Technologies for Maintenance Services, to the extent that such order has been accepted by LazCor Technologies.

8. “Quote” means the written quote issued by LazCor Technologies to the Customer in relation to products and/or Maintenance Services based on which a Purchase Order is issued.

9. “System” means equipment and software relating to the operation of the Maintained Products.