Terms of Service | Speedshield Technologies – Speedshield Technologies USA

TERMS AND CONDITIONS OF QUOTATION AND SALE
SPEEDSHIELD TECHNOLOGIES PTY LTD ABN 34 111 968 275 is referred to as “SPEEDSHIELD TECHNOLOGIES” or “we”; andthe party whose name and address appear in the front of this Order Form/Quote is referred to as “the Customer” or “you” and “Product” are the products described in this document (“Terms”) that we will supply to you.

Basis of Sale: Trading Terms

The Product is supplied by way of sale only and subject to these Terms. Any attempt to vary these Terms without our written acceptance is ineffective.
We reserve the right to refuse in our absolute discretion and at any time to accept, proceed with or refuse any order.

Inspection

You must inspect the Product immediately on arrival and you must within 24 hours from delivery give notice to SPEEDSHIELD TECHNOLOGIES of any matter or thing that would give you a reason to allege that the Product(s) are not in accordance with your order or the quotation supplied.
If you fail to give us the required notice, then you have agreed with us that the Product is in all respects in accordance with your order and you are deemed to have accepted the Product and you shall be bound to pay for them.

Price, Deposit & Payment

Unless other terms of payment are expressly stated on the Order Form and/or quote you must pay the invoiced amount for the Product, without deduction plus any GST on or before receipt of the Product.
No order may be cancelled except with our consent in writing and on terms which will indemnify us against all losses. Losses shall include an administration fee equivalent to 15% of the Price of the Products as a liquidated sum. The administration fee is in addition to any other rights we may have for breach of contract.

Title & Risk

The Products remain our sole and absolute property both legally and beneficially until you fully pay for the Product supplied. Until we are paid in full, you hold the products as bailee but the risk of the product passes to you on delivery. You give us the right to enter any property where the Product is stored and retake possession of the Product and we may keep or resell any Product repossessed. If you sell the Product to another party before you pay us, then you agree to hold the proceeds on trust for us and we have and retain a security interest in the proceeds. Notwithstanding the provisions above SPEEDSHIELD TECHNOLOGIES shall be entitled to commence legal action against you to recover any amount you owe us.
You agree these Terms and any associated invoices and delivery dockets in respect of the Product constitutes a security agreement for the purposes of the Personal Properties Securities Act 2009 (Cwth) (“PPS Law”) and that this security agreement will create a purchase money security interest under the PPS Law in respect of the Products both present and after acquired. SPEEDSHIELD TECHNOLOGIES may from time to time do anything for itself and on your behalf SPEEDSHIELD TECHNOLOGIES deems necessary or do anything that is required under a PPS Law to ensure to the maximum possible extent the security interest(s) of SPEEDSHIELD TECHNOLOGIES or another party is not adversely affected or that any such adverse effect is overcome to the maximum extent possible, including to enable registration of its security interest in respect of the Product or the proceeds under the PPS Law including lodging, maintaining updating any registration or statement required under the PPS Law.
If chapter 4 of the PPS Law applies to the enforcement of SPEEDSHIELD TECHNOLOGIES’s rights and powers under these Terms, then to the extent permitted by the PPS Law, SPEEDSHIELD TECHNOLOGIES and you agree that the following provisions of the PPS Law will not apply to the enforcement of the security interest created by these Terms:

Section 125 (obligation to dispose of or retain collateral);
Section 130 (notice of disposal), to the extent that a notice is required)
Section 132(3)(d) (contents of statement of account after disposal);
Section 132(4) (statement of account if no disposal);
Section 134 (2) (retention of collateral notice);
Section 135 (notice of retention);
Section 137 (persons entitled to notice may object to proposal);
Section 142 (redemption of collateral);
Section 143 (reinstatement of security agreement).

If under the PPS Law, you may by agreement waive or contract out of your right to receive any other notice under the PPS Law, then you hereby waive the requirement for SPEEDSHIELD TECHNOLOGIES to give you the required notice.

Delivery & Acceptance

Delivery dates or times indicated by SPEEDSHIELD TECHNOLOGIES are approximate only and are not a guarantee of delivery of that Product by that date. We will use our best endeavours to maintain these estimates. However, no liability is accepted for delay or failure of delivery from any cause whatsoever. We do not accept orders that subject us to a penalty for late delivery.
You authorise us to deliver the Products to the address you nominate on the Order Form and we shall be deemed to have delivered the Products to the nominated address if, at that address, we obtain from any person (being either the Customer or a person apparently in the employ of the Customer) a receipt or signed delivery docket for the Products.

Product Warranty

For each new product you have purchased from SPEEDSHIELD TECHNOLOGIES, we warrant the major components for 12 months.
We will repair or replace any part on the Product, which proves defective in workmanship free of charge consistent with the Manufacturer’s Warranty Card (if applicable). Specifically excluded from this warranty, is any damage or failure arising from any of the following:-

Improper adjustment, calibration or operation of the Product;
The use of accessories including consumables, hardware, or software which were not manufactured by or approved in writing by SPEEDSHIELD TECHNOLOGIES;
Any contamination or leakages caused or induced by the Customer;
Any modifications of the Product which was not authorised in writing by SPEEDSHIELD TECHNOLOGIES;
Any accident or misuse of the Product;
Any use or operation of the Product outside of the physical, electrical or environmental specifications of the Products;
Inadequate or improper maintenance of the Product
Dirt or other foreign substances;
Alterations or repairs to the Product by unauthorised agents;
Products damaged in transit.
Implied Terms & Warranties

Except as provided in these Terms, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Products for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded.
SPEEDSHIELD TECHNOLOGIES is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Products or arising out of SPEEDSHIELD TECHNOLOGIES negligence or in any way whatsoever.
Implied terms in these Terms are excluded except to the extent that exclusion is prohibited by legislation but our liability for a breach of such implied term will be limited, at our option, to one or more of the following:-

In the case of goods:-

(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;

In the case of services:-

(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.

Jurisdiction

8.1 These Terms shall be read and construed according to the laws of the State from the branch office of SPEEDSHIELD TECHNOLOGIES which accepts your order and you and we agree parties submit to the non-exclusive jurisdiction of the Courts of that State and the division of the Federal Court of Australia in that jurisdiction, and the courts of appeal from them.
The Customer hereby agrees to be bound by these Terms which the Customer acknowledges having read before accepting the Order.
SPEEDSHIELD TECHNOLOGIES WARRANTY POLICY
Speedshield Technologies (SST) warrants that all Speedshield Technologies Ltd. equipment will be free of any defect in materials or workmanship for the period of (1) year. Warranty begins from the date of activation. The warranty is extended to customers and applies to all SST manufactured equipment purchased, installed, and used for the purpose for which such equipment was originally designed. The above warranties cover only defects arising under normal use and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature, or improper installation or repairs made by anyone other than SST or a SST authorised third-party service provider. SST reserves the right to substitute functionally equivalent new or serviceable used parts.
WARRANTY CLAIMS AND PROCEDURES
1. During the applicable Standard Equipment Warranty Period outlined above, customer’s sole and exclusive remedy for any breach of the Standard Equipment Warranty will be, at SST’s sole discretion and option, the repair or replacement of the defective product. Components that customer claims to be defective must be available to SST for inspection and evaluation. To be entitled to rights under the Standard Equipment Warranty, the customer must notify SST in writing to support@speedshield.com within thirty (30) days after discovering a suspected defect in any product, but in any event prior to the expiration of the applicable Standard Equipment Warranty Period. The notice must include date of product activation, product serial number (PCB SN), product identification number (PID) and a description of the fault. Notice to a SST dealer, systems integrator, sales representative or other third party is not notice to SST. Following its receipt of any such customer notice, SST will determine whether the reported problem is covered by this Standard Equipment Warranty. If SST determines that the problem is covered, SST will authorise repair or replacement of the defective product, as deemed appropriate by SST in its sole discretion.
2. Before shipping any product to SST, the customer must include the fault report case number. Any product received by SST without a case number may, at SST’s option, be returned to the customer collect. Once a case number is obtained, the customer is responsible for packing and shipping the product/component to which its warranty claim relates to a service facility designated by SST at the end of the current calendar quarter. If customer does not timely return the defective equipment (or part thereof), SST shall invoice customer for the list price of such equipment (or part thereof), plus applicable shipping. Such failure to return the equipment (or part thereof) may, in SST’s discretion, be grounds for termination of the warranty and/or suspension of any future advance exchange privileges until such outstanding defective equipment has been returned.
3. SST will provide customer with new equipment (or part thereof) of equal or improved quality, as exchange equipment (or part thereof) to replace eligible defective equipment (or part thereof). Any alternate equipment (or part thereof) will meet or exceed the specifications of the replaced equipment (or part thereof). Unless otherwise specified by SST in writing, repaired or replaced equipment (or parts thereof) are covered only for the remainder of the term of the applicable Standard Equipment Warranty. All defective equipment (or parts thereof) replaced by SST become the property of SST. SST has no obligation to (i) service, exchange or otherwise replace any equipment (or part thereof) that has been damaged, modified, abused, misused or over-used as determined by SST or has been used with non-SST supplies or products that have caused damage or malfunction; (ii) paint, refinish, refurbish, restore or exchange any equipment (or part thereof) with cosmetic blemishes; (iii) service, exchange or otherwise replace any equipment (or part thereof) if the same would interfere with, impede or be redundant with normal or scheduled maintenance of such equipment (or part thereof); (iv) service, exchange or otherwise replace any equipment (or part thereof) that is within sixty (60) days of the end of its production life; or (v) provide any 3rd party application software support or service involving application hardware or replace any accessories. If SST elects to perform any such services at customer’s request, then such services will be deemed a service call and all labour, parts and materials used for the service call will be charged at SST’s then-prevailing rates.
EQUIPMENT WARRANTY EXCLUSIONS
SST does not warrant or guarantee, and is not responsible for:
1. Defects, failures, damages or performance limitations caused in whole or in part by (A) power failures, surges, fires, floods, snow, ice, lightning, excessive heat or cold, highly corrosive environments, accidents, actions of third parties, or other events outside of SST’s control, or (B) customers abuse, mishandling, misuse, negligence, improper storage, servicing or operation, or unauthorised attempts to repair or alter the equipment in any way. Customer must provide qualified technical personnel to maintain and repair the equipment.
2. Alterations and/or Modifications to any part of SST’s product, without SST’s written authorisation unconditionally VOIDS the SST Standard Warranty. Equipment built to customer’s specifications that are later found not to meet customers’ needs or expectations.
3. The performance of the equipment when used in combination with equipment not purchased, specified, or approved by SST.
4. Wearable items, such as tooling, cables, part harnesses, contacts etc.
5. Any device which has had the Serial Number removed or defaced in any way.
ADDITIONAL WARRANTY NOTES
1. OEM or third-party equipment that is incorporated into SST equipment is covered under the applicable SST Standard Equipment Warranty unless the OEM or Third-Party equipment carries its own limited warranty, in which event the OEM or third-party warranty will apply to such equipment incorporated into SST equipment.
2. Items Sold As Resale. Items sold as resale are such items that are not manufactured by SST but may be utilised in conjunction with or independently of SST manufactured equipment (such as mass sensors and some card readers) and shall be covered only by the specific warranty terms of the supplier or original equipment manufacturer of those items.
3. The SST Warranty applies to the original purchaser, and is not transferrable. Used Equipment. IF THE EQUIPMENT SPECIFIED IN AN ORDER IS DESCRIBED AS USED, UNLESS OTHERWISE AGREED IN WRITING BY THE PARTIES, IT IS SOLD AS IS AND WITH NO WARRANTY.
REPAIR SERVICES WARRANTY
If the customer elects to repair a device which has exceeded its warranty period, SST will not warrant these repairs
Repairs can be requested at a cost of $130.00 per hour and must be accepted by manner of Purchase Order issue before processing.
DISCLAIMER OF WARRANTY
EXCEPT AS EXPRESSLY PROVIDED IN THIS STANDARD WARRANTY POLICY STATEMENT, SST HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BY WAY OF EXAMPLE AND NOT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION ON LIABILITY NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT WILL SST BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, WHETHER ARISING IN CONTRACT, TORT, WARRANTY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH HERE WILL APPLY EVEN IF THE REMEDIES OF ERROR CORRECTION, REPAIR OR REPLACEMENT, REPERFORMANCE OF SERVICES AND REFUND OF PAYMENTS COMPLETELY FAIL OF THEIR ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIMIT OF SST LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BY STATUTE OR OTHERWISE) TO CUSTOMER OR TO ANY THIRD PARTY CONCERNING THE SST EQUIPMENT OR SOFTWARE LICENSES SOLD TO CUSTOMER AND WARRANTED HEREUNDER, SST PERFORMANCE OR NONPERFORMANCE, OR IN ANY MANNER RELATED TO THIS STANDARD WARRANTY POLICY STATEMENT, FOR ANY AND ALL CLAIMS WILL NOT IN THE AGGREGATE EXCEED THE ACTUAL AMOUNTS RECEIVED BY SST FOR THE SPECIFIC PRODUCT WITH RESPECT TO WHICH SUCH CLAIM IS MADE. GOVERNING LAW AND JURISDICTION