Service Terms – Hardware Supply

1. APPLICATION:

These Service Terms apply if we supply any Hardware to you under an Order Form or in connection with any Service, in which case: (a) these Services Terms form part of and are incorporated in your Agreement with us; and (b) we agree to supply, and you agree to purchase and use, the relevant hardware in accordance with these Service Terms and otherwise in accordance with your Agreement with us.

2. SUPPLY AND DELIVERY:

2.1 Supplying Hardware. Provided that you pay the applicable fees or charges for the Hardware, we will supply and deliver the Hardware to you in accordance with your Agreement with us. We will also endeavour to pass on any licence that we receive from our Suppliers for use of any Embedded Software, but only so you can operate the Hardware in connection with the relevant Service.

2.2 Delivery. We will deliver the Hardware during Business Hours to the address set out in the Order Form or otherwise agreed in writing between you and us. We’ll use reasonable efforts to deliver the Hardware to you by the date we tell you, and update you of delivery delays (if any). You may request special delivery of the Hardware and we’ll use reasonable efforts to accommodate your request (additional costs may apply in which case we will agree these costs with you beforehand).

2.3 Recept and use. You accept all responsibility, liability and risk in the Hardware on delivery of the Hardware to you, and you must comply with the terms of any licence applicable to any items of Embedded Software.

2.4 Risk and title. Risk in any Hardware passes to you when we deliver the Hardware to you. Title to any Hardware remains with us until you have paid us in full for that Hardware, and only passes to you once you have paid the relevant fees or charges for that Hardware in full.

2.5 Limitations. The Hardware we provide to you and may not operate as intended in temperature conditions less than zero degree Celsius and greater than 45 degree Celsius.

2.6 Liability. Subject to clause 6.4 of the General Terms, you acknowledge and agree that: (a) you’ve satisfied yourself that the Hardware is fit for its intended purpose and is able to fully operate with other items of Hardware and with other Hardware to the extent you require; and (b) you’ve made all relevant enquiries with the Supplier in relation to the matters referred to in paragraph (a) above.

3. WARRANTY:

3.1 Warranty. We warrant that the Hardware will be free from defects for a period of 12 months starting from date on which the relevant Order Form is entered into (“Warranty Period”). If you experience any operational fault or defect in any Hardware during the Warranty Period for that Hardware, you must contact us as soon as practicable, in which case we will repair or replace (at our sole discretion) the defective Hardware within a reasonable period of time. Where we elect to repair any Hardware, we may replace the Hardware by refurbished equipment of the same type rather than repair the Hardware. If the relevant Hardware is capable of retaining user generated data, the repair of the relevant Hardware may result in the loss of such data.

3.2 Exceptions. The warranty set out in clause 3.1 above does not apply to the extent: (a) the Hardware has been misused, repaired or tampered with (including if any part has been replaced) other than as expressly authorised by us; (b) any fault or defect in the Hardware arises as a result of fair wear and tear; or (c) you use a device or equipment that was not supplied by us in connection with your Service.

3.3 Your obligations. You are solely responsible and liable, at your own costs, for the replacement of batteries, glass and other such consumable items used for the operation of the Hardware, including during the Warranty Period.

3.4 Your consumer rights. This clause 3.4 applies if you acquire any Hardware from us as a “Consumer” within the meaning of section 3(1) of the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)).Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

4. FEES AND TERMINATION:

4.1 Fees. Unless specified otherwise in the relevant Order Form, the applicable fees for any Hardware we supply to you will be charged in monthly instalments, generally as part of or together with the monthly fees for the Service to which the Hardware relates.

4.2 Early termination. If your Agreement with us or the relevant Service is terminated or cancelled for any reason other than our breach, we will charge you for, and you must promptly pay us, any outstanding amount for any Hardware has been delivered to you before the date of termination or cancellation so that you have paid the price for that Hardware in full.

5. DEFINITIONS:

In these Service Terms, any term defined in the General Terms have the meaning given to them in the General Term, and the following terms have the meaning given to them below:

• Business Hours are between 8.00am and 5.00pm Monday to Friday (excluding local public holidays) in the time zone of your Premises where the Hardware is to be delivered.
• Hardware means any Hardware, hardware or device that we supply to you under an Order Form or otherwise in connection with any Service, including any Embedded Software installed on or provided with that Hardware.
• Embedded Software means any computer programs relating to the operation of the Hardware (including firmware). For clarity, Embedded Software does not include any software covered under any other Service Terms.
• General Terms means the General Terms available at: Terms and conditions.
• Supplier means the third party supplier(s) or manufacturer(s) of the various items of Hardware.