TERMS & CONDITION
1. The content of the pages of this website is for your general information.
2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
3. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
4. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
5. All trademarks reproduced in this website which is not the property of, or licensed to, the operator is acknowledged on the website.
6. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offense.
7. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
8. Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia. Please read the under mentioned terms carefully.
COMMERCIAL CREDIT TRADING TERMS AND CONDITIONS AGREED ON TRADING TERMS:
Note: If you do not understand these terms of trade you should seek legal advice.
1. ATN Media Box Subscription (Three Months Subscription): The agreed terms are 90 days, the payment will be recurring, i.e the credit card will be debited automatically on every three months from the subscription date. i.e the subscription starts on 15 Jan 2017, the next subscription payment will be after three months on 15 March 2017. For subscription cancellation, the customer should give written notice by email or fax to ATN with at least 10 working days before the next due statement.
2. Setup Admin Fee for the new customer is applied $50 AUD.
3. The Customer further agrees to indemnify the ATN Network (Australia) for any legal costs incurred by the ATN (including but not limited to charges & commission charged by mercantile agents) in respect of this application, agreements, personal guarantees, securities given or other documentation required whilst credit is being offered in consequence of this application, and the Customer further agrees to indemnify the ATN for any dishonoured cheque fees incurred and in the event that the Customer’s account is in default of the agreed trading terms to indemnify the ATN against its collection fees & legal costs.
4. The ATN may withdraw credit facilities to the Customer at any time without notice. Without limiting the rights to withdraw credit, the ATN reserves the right to stop supply & place the account on hold until the account is returned to the agreed trading terms, and the ATN agrees to recommence supply.
5. These Trading Terms and Conditions apply to all transactions from which the Customer is supplied goods & or services on credit. If any future contract between the ATN & the Customer is inconsistent with these Trading Terms and Conditions, then these Trading Terms and Conditions will apply unless the subsequent contract refers to and specifically alters these Trading Terms and Conditions in writing.
6. Should there be any variation to any of the information supplied by the Customer in this application or in the structure of the Customer’s business (such as a conversion to or from a company or trust or the appointment of new directors), the ATN shall be notified in writing. Until a new Commercial Credit Application form is signed and approved in writing by the ATN, then the original Commercial Credit Application and those person(s) who signed as guarantor(s) shall remain liable to the ATN as though all goods and services were supplied to the original customer.
7. The ATN reserves the right to amend these trading terms provided such amendments are conveyed to the Customer in writing. The Customer further acknowledges that such writing will be by ordinary mail to the address set out in the Commercial Credit Application unless the Customer advises in writing to the ATN a new address, and this new address is acknowledged by return in writing by the ATN.
8. The ATN shall be entitled at any time to assign its rights under this Commercial Credit application to its successors, nominated transferees or assigns (including but not limited to, where applicable personal guarantees), and that these Trading Terms and Conditions shall not be in any way affected or discharged pursuant to such an assignment.
9. COVETABLE INTEREST CLAUSE: In the event of Default of the agreed trading terms by the Customer, then the Customer by its Director(s)/Proprietor(s)/Partners/Individual(s), nominated in this application hereby charge all their Right, Title of Interest (if any) to any or all property(ies) owned/partly owned, acquired in the future, solely or jointly by the said Customer/Director(s))/Proprietor(s)/Partners/Individual(s) of this application in favor of the ATN, to better secure all monies owed to the ATN as of the date of the default, with the due and punctual observance and performance of all of the obligations of the Customer. Such Customer acknowledges that the ATN may at its discretion, register a caveat on such property in respect of the interest conferred on it under this clause. In the event that the ATN is required to exercise its right under this clause, against the Customer, then the Customer grants the ATN the right to appoint a Receiver and sell the property (ies).
10. RETENTION OF TITLE: Until ALL INVOICES are paid in full, and ALL MONIES receipted and cleared, ownership of the goods remain with the ATN, but the risk passes to the Customer on delivery. Delivery shall occur if the ATN or its Agent delivers, on delivery, and/or if the Customer or its Agent(s) takes delivery, at that point of delivery. Until the ATN is paid in full, the relationship of the Customer to the ATN shall be fiduciary in respect of the goods and the customer shall hold the goods as bailee only for the ATN. The Customer shall store the goods separately from its own until ownership has manifested in the Customer. Should the goods be on-sold to a third party before payment, or in the event of the Appointment of an Administrator, Controller, Managing Controller, Receiver or Receiver Manager, or entry into an Informal/Formal Deed of Arrangement under Bankruptcy Act of 1966 by the Customer, then the Customer hereby assigns to the ATN its right of recovery of payment from the third party. The money(ies) resulting from the sale of goods are to be specifically earmarked and placed in a separate account on trust for the ATN, until payment in full is made to the ATN for the cost of the goods only, to guarantee clear passage of ownership to the third party innocent purchaser. In the event the Customer is in default of the agreed trading terms, then the Customer without reservation grants right of entry to any or all properties under the Customer’s control, where the goods are reasonably expected to be stored. The Customer indemnifies and saves harmless the ATN, its servants or agents in relation to loss or damage as a result of the retaking of possession of the said goods. Further, in the event, the ATN exercises its right of retaking possession of the said goods, the Customer grants power of sale to the ATN to resell the said goods and the Customer acknowledges that any shortfall owing after the said goods are resold will be the responsibility of the Customer.
11. DELIVERY: Deliveries shall be made during normal working hours. Deliveries required outside of normal working hours will be delivered on request of the Customer, and all charges will be the sole responsibility of the Customer. In the event the Customer or the Customer’s Agent is not on site to accept the delivery, then the driver’s signature denoting the time, date and place of delivery, shall be deemed to be acceptance of the said delivery whether by the ATN or the ATN agent. The date of delivery set forth in the order form is made in good faith, but the performance of the ATN engagement is subject to industrial disturbances, delay in transit, damage to goods in transit, shortage of goods and any other cause beyond reasonable control of the ATN. The ATN shall be excused from failure to deliver or complete, which is contributed to by any such cause, and the time specified for completion of delivery shall be extended commensurately. Delay in delivery or completion shall not constitute a breach of contract, nor shall it affect any other provisions of the contract to the ATN disadvantage.
12. SERVICE OF DOCUMENTS: The Customer acknowledges that service of all documents will be prepaid postal addressed envelop to the address nominated on the Commercial Credit Application form unless a new address is provided by the Customer and such new address is acknowledged by return in writing from the ATN. Note the Customer expressly acknowledges that service is deemed to be effected after the expiration of 2 working days from the date of posting of the documents.
13. TELEPHONE ORDERS: All telephone orders are to be immediately confirmed in writing by the Customer. In the event the confirmation varies from that recorded and processed by the ATN, then the ATN records shall prevail.
14. ACCESS TO SITE: The customer at all times is responsible to ensure suitable access to the site. The Customer further indemnifies and saves harmless the ATN, and or it’s servants or agents against any loss or damage, in the event the ATN fails to provide suitable access to the site for delivery, and or whilst on site working.
15. PRICE: All goods are sold at the price current at the time of delivery. The price of goods is at the ATN works. Costs and charges for freight and handling at the point of delivery to the Customer or the Customer’s agent are payable by the Customer unless otherwise stated on the quote/order form. NOTE:- Pricing may vary from time to time subject to exchange rate variations and/or material increases outside the control of the ATN.
16. SETTLEMENT DISCOUNT: Where settlement discount applies, no settlement discount will be approved unless all account money (ies) is/are paid within the agreed trading terms.
17. PAYMENT: The Customer expressly acknowledges that at the absolute discretion of the ATN, the Customer may be required to execute an authorization to the Customer’s credit card or Bank authorizing a direct debit from the Customer’s Bank account, to the ATN for all sums due on a monthly basis. The authority will be irrevocable without the express written consent of the ATN.
18. FINANCIAL INFORMATION: The Customer agrees to provide financial information as is reasonably required by the ATN from time to time, for the assessment of current and future credit limits only. The ATN and the Customer further agree that such information shall be treated as strictly confidential and will not be disclosed to any third party (ies) without the express written permission of the Customer.
19. RETURN OF, OR CANCELLATION OF GOODS ORDERED: In the event, the Customer elects to return goods or cancel goods within 3 days from activation date, the charge will apply as follows:
- Setup admin fee $50 AUD.
- Delivery fee $25 AUD.
Please note that, no refund for Subscription (Three Months Subscription). All above charges will be deducted from total order value.
The customer is responsible to return the goods by registered post to ATN.
Upon receiving the goods from the customer, ATN will process the refund within 3 business working days.
No return of goods will be accepted after three days from the box activation date.
20. SPECIAL ORDERS: Special orders attract a 50% deposit which will be debited to the Customer’s account upon receipt of a written order for goods outside our normal sock line, or for goods specifically modified to the Customer’s requirements. NOTE - No return of or cancellation will be accepted once the order has commenced.
21. WARRANTIES: All goods carry only such warranty if any as is furnished by the manufacturer thereof, or as implied by law. The ATN warrants their product for domestic use only, that its materials are free from faulty workmanship for a period of twelve months from the date of delivery. This warranty excludes those components supplied by other ATN, damage caused by neglect or misuse of materials supplied, powder coating fading. The ATN will not accept goods returned for warranty work unless the freight is prepaid by the Customer. NOTE - No warranty work will be completed whilst ever the Customer’s account is in default of the agreed trading terms.
22. DAMAGES: The ATN shall not be liable for any amount greater than the sales price of the product originally supplied. Without limiting the meaning of this clause, the ATN shall not be liable for any claims, loss, expense whatsoever, how so ever arising, or in any event in any way whatsoever for any contingent, consequential direct/indirect special, or punitive damages arising in relation thereto, and the Customer acknowledges this express limit or liability and agrees to limit any claim accordingly. Further, the ATN shall not be responsible directly or indirectly for any consequential loss or maintenance, use or operation of the product by the Customer, or to any third party, or from any failure of the product whether defective or not.
23. GST: The ATN is required by law to pay Goods and Services Tax, (GST) on any work, the subject of this estimate/quote. Please check your order for all details provided by ATN before you confirm the order & process the payment.
24. ENVIRONMENTAL REQUIREMENTS: The Customer confirms and acknowledges it has made all inquiries in relation to all responsibilities conferred upon the Customer, by the said Act, relating to storage of and disposal of any or all products supplied by the ATN.
25. INSURANCE: NO INSURANCE IS PROVIDED BY THE ATN The Customer acknowledges that insurance of all goods is the responsibility of the Customer at the point of delivery.
26. JURISDICTION: The Customer acknowledges that the Laws of the State of the Queensland shall govern this contract, and the Customer hereby agrees to submit to the non-exclusive jurisdiction of the Courts of Queensland.
Shipping & Deliveries Information:
- Item location: Brisbane QLD, Australia.
- We ship to all Australian & New Zealand cities by using Australia Post as a standard delivery method.
- We ship to other countries using EMS Express courier.
- We normally and usually ship within one business day of receiving cleared payment.
- Other destination, please call our sales team for shipping arrangement.
- Regular Parcel within 2 business days to all Australian major cities
Return & Refund policy:
- We accept returns within 3 days from the activation date (Terms & Conditions Apply).
On-Site Installation fees $50 AUD .. if required (Less than one Hour)
* This Terms & Conditions were last updated on Jan 2019.