Shernet Intergrated Services

Terms and Conditions

1. PRELIMINARY
1.1 In these terms & conditions “Shernet” shall mean Shernet Intergrated Services (ABN 29 515 715 766).
1.2 These conditions shall apply to any Contract between Shernet and any person, firm or company “the purchaser”.
1.3 These Terms and conditions covers Products and Services provided by Shernet Intergrated Services.

2. QUOTATIONS
2.1 Quotations are based on the statement of requirements given to Shernet by the purchaser and are valid for 14 days, after which they are subject to confirmation or revision.
2.2 All verbal quotations are subject to written confirmation before an order can be placed.

3. ORDERS
3.1 Shernet will be under no liability for any purchase order until the order has been accepted by Shernet.
3.2 All orders from Purchaser will be referenced by the quote number.
3.3 Shernet will confirm expectance of the order.
3.4 If the purchaser cancels the order in whole or partial after Shernet has accepted and confirmed the order a restocking charge may be incurred by the purchaser.

4. VARIATIONS
4.1 An accepted order may only be cancelled or varied with Shernet’s consent,
4.2 Any variation to accepted orders may incur a charge and or requote.

5. PRICES
5.1 Unless otherwise stated, prices quoted are for Shernet’s products and services and include GST.
5.2 Prices quoted are based on details provided for the quote and agreed order.

6. PAYMENTS
6.1 Shernet shall invoice the Purchaser for all the amounts payable in accordance with clause 5.
6.2 If the Purchase price is payable in a lump sum, Shernet shall invoice the Purchaser at the time of the systems ordered is commissioned by Shernet
6.3 If the Purchase price is payable in instalments, Shernet will invoice the Purchaser at the following times, (a). When Shernet accepts the purchase order,
(b). At the time Shernet delivers the system/product to the Purchaser and
(C) At the time the system /product is commissioned by Shernet.
6.4 If the Purchase is for goods only then the invoice is payable at time of order confirmation unless other wise agreed.

7. WARRANTY
7.1 Shernet’s warranty obligations in relation to products and services shall be limited to manufactures / service providers warranty policies.
7.2 Shernet warrants that Products provided are free of defects in materials and workmanship under normal use, service and conditions for a period of 12 months from the date of delivery, provided that they are installed and commissioned by Shernet or it’s authorised contractor/s and agrees to make any agreed repairs resulting from defective parts or workmanship. This warranty does not cover damage to the Products caused by accident, misuse, acts of third parties, environmental conditions, neglect, act of god, improper installation/maintenance or other causes beyond it’s control.
7.3 Where Shernet responds to a compliant which is not covered by the above clause, Shernet reserves the right to charge the purchaser for,
(a). Travel time,
(b). Labour and material in carrying out any inspection and / or rectification.

8. LIMITATION OF LIABILITY
8.1 Subject only to its liability under warranties or conditions imposed by the Trade Practices Act, Shernet shall have no liability for any Indirect Loss howsoever arising save as expressly provided in these terms and conditions. In this clause Indirect Loss includes special, indirect, exemplary or consequential loss or damage, loss of profit or revenue, loss of or inability to use equipment, a failure to realise anticipated saving lost data, lost opportunity, downtime costs or loss of good will or business reputation, or any financial penalties imposed by Government or semi-government authority. Shernet’s cumulative liability for all claims arising out of or in connection with this agreement shall not exceed the price paid for such product or services under this terms and conditions.

9. SITE PREPARATION
9.1 Where Shernet is to install any products the purchaser shall be responsible for ensuring that the proposed installation site had been prepared as per Shernet’s requirements.
9.2 The purchaser agree to indemnify Shernet for any additional costs or expenses it may incur as a result of the site not being prepared in accordance to Shernet’s requirements.
9.3 The purchaser is required to ensure that systems data and applications on their networks (PC, Servers, Mainframe etc) have been backed to secondary media eg tape, CD.
9.4 The purchaser agree to indemnify Shernet for any liability for loss of data, if the purchaser does not comply with clause 9.3.

10. FORCE MAJERUE
10.1 Shernet shall not be under no liability for any delay or failure to perform in the event that the manufacture, supply or delivery of the products or services is prevented by any act or circumstance beyond Shernet’s reasonable control including but not limited to Act of God, legislation, war, act of terrorism, riot, fire, flood, exposition, accident, sabotage, failure to obtain power supply, raw materials, labour, transpiration, lockout or strike.

11. SUB – CONTRACTING
11.1 Shernet may at it’s discretion and without notice to the purchaser, sub-contract out the manufacture and/or supply of any part of the products and services quoted.

12. Passing of Title
12.1 Title to and property in the Products shall only pass to the purchaser on Shernet’s recept of all monies payable to the purchaser.

13. Specifications
13.1 All specifications are approximate only and are subject to normal margin of tolerances. Shernet on request from the Purchaser will provide technical specifications as required.

14. GST – Goods and Services Tax
14.1 A party must pay GST on a Taxable Supply made to it under these Terms and Conditions, in addition to any consideration (excluding GST) that is payable for that Taxable Supply.
14.2 A party making a Taxable Supply to anther party under this agreement must issue a Tax Invoice to the other party, setting out the amount of GST payable by that party.
14.3 Shernet will issue a Tax Invoice to the Purchaser in accordance with the GST Laws of Australia and these Terms and Conditions
14.4 GST, tax invoice and taxable supply have the meanings defined in A New Tax System (Goods and Services Tax) Act 1999 as may be amended or substituted from time to time. If those definitions are repealed, then those words have the meanings defined for such comparable terms as we may reasonably identify in any comparable legislation.

15. General
15.1 The Purchaser agrees that placing on order for Product and/or Services, that the Purchaser accepts the terms and conditions layed out in this document.
15.2 Any variation to these Terms and Conditions will be in writing between the Purchaser and Shernet.
15.3 These Terms and Conditions contain the entire agreement between Shernet and the Purchaser in relation to its subject matter and supersede all prior negotiations, agreements, understandings and commitments between Shernet and the Purchaser in relation to that subject matter.
15.4 The transactions in this document are governed by the law of New South Wales, Australia.
15.5 If a dispute arises concerning these Terms and Conditions, then the dispute must first be referred for mediation in accordance with the Australian Commercial Disputes Centre Mediation Guidelines.