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
- “Linktech” means Linktech Australia – ALMY PTY LTD – ACN 161 151 953, of 6001/376 Bay St, Brighton Le Sands NSW 2216, Australia its staff – OR – nominated representatives in that or any other state of Australia. Details of branch offices in other states are available upon request.
- “Customer” means the party named as such in this Quotation.
- “Quotation” means the schedule set out in this document providing for response to the Customer-specific requirements including any specific inclusions, exclusions or assumptions detailed as part of that schedule including these attached Terms and Conditions.
- “Services” means any enhancement to product supplied through the application of labour or the provision of labour for tasks unrelated to product supply.
- “Equipment” means any product offered, or purchased, as part of this Quotation.
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.
3.0 PRICE EXCEPTIONS
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 50-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:
- Current backup data for the system
- Current system configuration information
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.
4.0 USE OF SUB-CONTRACTORS
Linktech Australia may use the services of sub-contractors.
5.0 EACH PARTY’S OBLIGATIONS
The Customer will:
- Allow Linktech Australia and its representatives access to its premises and its equipment for the purposes of this Agreement;
- Maintain its equipment in accordance with environmental conditions and proper accommodation specified by the manufacturer – OR – supplier of the equipment and
- Provide adequate facilities to enable Linktech Australia to carry out the Services, including all necessary space, heat, light, ventilation, electrical power outlets and storage space.
Linktech Australia will:
- Exercise best practise when accessing the customer’s premises and in its method for work on equipment covered in this Agreement;
- Ensure that work methods comply with standards necessary to fulfil obligations under “Occupational Health, Safety & Environment” (OH&S) guidelines and Workcover requirements and;
- Identify facilities that may be required to enable Linktech Australia to carry out the Services, including necessary space, access, light, ventilation,
- electrical power outlets and storage space.
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.
7.0 CHARGEABLE SERVICE
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:
- Supply the Services again; – OR –
- Pay the cost of having the Services supplied again.
This warranty does not apply where a breach of the warranty is attributable:
- Through use of the Equipment by the Customer in conjunction with non-compatible products,
- By negligent use or abuse of the Equipment by the Customer (See 3.4),
- Through use of the Equipment by the Customer otherwise than in accordance with manufacturer instructions, specifications or recommendations,
- Due to wear or burnout resulting from general use of the Equipment by the Customer, and
- Where the brief, or scope, provided by the customer varies in any significant way
9.0 LIABILITY OF LINKTECH AUSTRALIA
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:
- If the breach relates to goods;
- The replacement of the goods or the supply of equivalent goods;
- The repair of such goods;
- The payment of the cost of replacing the goods or of acquiring equivalent goods; – OR –
- The payment of the cost of having the goods repaired and;
- If the breach relates to Services;
- The supplying of the Services again; – OR –
- The payment of the cost of having the Services supplied again.
10.0 INTELLECTUAL PROPERTY
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.
11.0 DELAY AND FORCE MAJEURE
Neither party is responsible for failure to fulfil any obligations due to causes beyond its control.
12.0 WHOLE AGREEMENT
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.
13.0 CONFIDENTIAL INFORMATION
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:
- The information is in, or comes into, the public domain;
- The information is required to be disclosed by law; – OR –
- The owner of the information consents to its disclosure, or disclosure is required for the provision of the Services.
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.
16.0 GST (Goods and Services Tax)
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.
17.0 DISPUTE RESOLUTION
- If any dispute or difference between the Customer and Linktech Australia arises under, or in connection with this Agreement (Dispute), then either party may notify the other of the existence and nature of the Dispute by issuing a notice in writing (Dispute Notice) which:
- Includes or is accompanied by reasonable particulars of the Dispute; and
- Is given within 20 Business Days of the circumstances giving rise to the Dispute first occurring.
- Within 10 Business Days after a Dispute Notice is given, the parties must meet and attempt in good faith to resolve the Dispute within 20 Business Days after the issue of the Dispute Notice.
- Subject to paragraph 17.6, a party may not bring court proceedings in respect of any Dispute unless it first complies with the requirements of this clause.
- Nothing in this clause 17 will prevent either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
Continuance of performance
- Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
- The Customer may terminate this Agreement by providing 60 days prior written notice to Linktech Australia.
- Without limiting the generality of any other clause in this Agreement, the Customer may terminate this Agreement immediately by notice in writing if:
- Linktech Australia is in breach of any term of this Agreement and such breach is not remedied within 30 days of notification by the Customer specifying the nature of such default;
- An Insolvency Event such as any notice for the appointment of a receiver or administrator or liquidator or compounding of debts with creditors or analogous event occurs in respect of Linktech Australia or any of its subsidiaries; or
- Linktech Australia ceases or threatens to cease conducting its business in the normal manner.
- Linktech Australia may terminate this Agreement by providing 60 days prior written notice to the Customer.
- Without limiting the generality of any other clause in this Agreement, Linktech Australia may terminate this Agreement immediately by notice in writing if:
- The Customer is in breach of any term of this Agreement and such breach is not remedied within 30 days of notification by the Linktech Australia specifying the nature of such default;
- An Insolvency Event such as any notice for the appointment of a receiver or administrator or liquidator or compounding of debts with creditors or analogous event occurs in respect of The Customer or any of its subsidiaries; or
- The Customer ceases or threatens to cease conducting its business in the normal manner. Upon termination for any reason, the Customer shall immediately pay all outstanding invoices and return to Linktech Australia all equipment belonging to Linktech Australia;
- Upon termination for any reason, Linktech Australia shall return to the Customer all equipment belonging to the Customer.
- All confidentiality obligations shall survive termination of this Agreement.
- Upon termination Linktech Australia, and The Customer, shall retain whatever rights they are entitled to under this Agreement and the applicable laws governing this Agreement, in addition to the specific rights and remedies provided in clause 18.
If there you have any questions regarding this Terms and Conditions document, you may contact us using the information below.
- Email: email@example.com
- Phone: 1300 587 587
Last Edited on 05 December 2019