These Terms and Conditions apply to the supply of product enhanced by the provision of labour to facilitate Pre-configuration, Installation – OR – other Technical or Professional Services (as provided through Quotation) for supply by Linktech Australia- ALMY PTY LTD. Where appropriate these Terms and Conditions extend to any Quotation offered to provide Maintenance tasks on existing infrastructure – OR – structured Services Delivery unrelated to product supply.
In these terms and conditions
Subject to these terms and conditions, Linktech Australia will supply to the Customer the Services specified, in the forward of this Quotation, at the rates specified in this Quotation, in respect of the Equipment specified in this Quotation. Linktech Australia will use commercially reasonable endeavours to provide the Services within the agreed time frames.
Where appropriate, subject to these terms and conditions, Linktech Australia will supply to the Customer the Services specified, in the forward of this Quotation, at the rates specified in this Quotation, irrespective of Equipment. Linktech Australia will use commercially reasonable endeavours to provide the Services within the agreed time frames.
Regular Working Hours
The rates, unless otherwise specified, are based upon the provision of the Services during regular working hours (9.00am to 5:00pm) on regular working days (Monday to Friday). Linktech Australia reserves the right to charge additional fees in respect of provision of Services outside these times.
The rates, unless otherwise specified, are based upon the Customer’s premises being located within a 15-kilometre radius, by standard carriage, of the GPO of a capital city of a state or territory of Australia. Linktech Australia reserves the right to charge the Customer for any additional travelling time and expenses incurred in providing outside this area.
Linktech Australia reserves the right to charge the Customer for any extra costs incurred by Linktech Australia caused by the Customers instructions, lack of instructions, interruptions, mistakes, work for which Linktech was/is not responsible (variations) or a change to/in the Customer’s environment.
Equipment ready for service
The Customer is obliged to carry out all tasks necessary to ensure that its equipment and environment is ready for Linktech Australia personnel to commence work upon arrival at the Customer’s premises, including any unwrapping, unpacking or system shut downs that may need to be done. Linktech Australia reserves the right to charge the Customer for additional expenses incurred or additional time spent as a result of the Customer failing to attend to these tasks.
Linktech Australia will apply all effort to ensure that the integrity of systems being accessed modified or interacted with as part of any installation or integration task is maintained. To mitigate any risk of instability prior to the commencement of work by Linktech Australia, the client will ensure that they have on hand:
In the event of any unforeseen failure, these will be used to recover systems or equipment. Without such preparation best endeavour will be employed to remedy any failure. Recovery tasks will be conducted as “time and materials” at Linktech Australia standard rates.
Linktech Australia may use the services of sub-contractors.
The Customer will:
Linktech Australia will:
Linktech Australia will invoice the Customer in respect of all Services provided under this Agreement. The Customer will pay such invoices within 30 days of the invoice date. Any amounts due by the Customer to Linktech Australia which have been outstanding for a period in excess of 60 days, may, at Linktech Australia’s option, be subject to additional interest charges at the prevailing Commonwealth Bank commercial overdraft rate. No refunds or credits are given for unused prepaid Services.
Where service – OR – maintenance is provided to existing customer equipment and in addition to any other terms set out and detailed herein if upon inspection of the relevant equipment, Linktech Australia determines that no Services are in fact required, the Customer agrees to cover the costs incurred by Linktech Australia in attending the Customer’s premises and inspecting the Customer’s system – OR – Equipment to arrive at that judgement.
In addition to any warranty or obligation imposed by law, Linktech Australia warrants to the Customer that the Services will be provided using reasonable skill and care, and according to the description contained in this Quotation. In the event of any breach of this warranty Linktech Australia may at its election either:
This warranty does not apply where a breach of the warranty is attributable:
Loss or Damage
Except as expressly provided to the contrary in these terms and conditions, Linktech Australia shall not be under any liability to the Customer in respect of any loss or damage (including consequential loss or damage, loss of profits or revenue) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Services, any goods – OR – Equipment supplied, or the failure of Linktech Australia to comply with its obligations under these terms and conditions. Neither party will bring an action against the other relating to the Services more than 2 years after the supply of the Services, excluding an action seeking payment for the Services.
Anything not explicitly included in this scope/quotation/proposal is excluded.
Where any Act of Parliament implies in these terms and conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of, exercise of, or liability under, such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these terms and conditions. However, the liability of Linktech Australia for breach of any such term, condition or warranty shall be limited, at the option of Linktech Australia, to any one or more of the following:
The Customer warrants to Linktech Australia that it has all intellectual property rights necessary to enable Linktech Australia to carry out the Services. The Customer will indemnify Linktech Australia from and against any and all damages, losses, claims, liabilities, demands, charges, suits, penalties, costs and expenses (including legal costs) which Linktech Australia may sustain, or to which any of Linktech Australia may be subjected, arising out of or relating to any breach of this warranty.
Neither party is responsible for failure to fulfil any obligations due to causes beyond its control.
These terms and conditions and the Quotation constitute the entire agreement between the parties with respect to the provision of the Services and supersedes all previous agreements or understandings, representations, warranties and conditions not expressly stated herein.
Both parties acknowledge that they may obtain access to confidential and proprietary information belonging to the other in the course of the provision of the Services. The parties agree not to disclose such confidential information to any person except where:
These terms and conditions and the Quotation that they support may not be changed or modified in any way except in writing signed by or on behalf of all the parties.
By signing in the space provided on the Linktech Australia Quotation, the Customer acknowledges that it has read and agrees to be bound by these terms and conditions. E&EO excluded.
Linktech Australia reserves the right to recover from the Customer all goods and services tax, any other taxes, duties, levies or fees imposed on or in respect of the provision of the Services, and any goods – OR – Equipment supplied by Linktech Australia to the Customer.
Continuance of performance
If there you have any questions regarding this Terms and Conditions document, you may contact us using the information below.
Last Edited on 05 December 2019