Terms and conditions

Welcome to Smarttronics!

These terms and conditions outline the rules and regulations for the use of Smarttronics's Website, located at https://smarttronics.com.au.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Smarttronics if you do not agree to take all of the terms and conditions stated on this page.

Cookies:

The website uses cookies to help personalize your online experience. By accessing Smarttronics, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

License:

Unless otherwise stated, Smarttronics and/or its licensors own the intellectual property rights for all material on Smarttronics. All intellectual property rights are reserved. You may access this from Smarttronics for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Copy or republish material from Smarttronics
Sell, rent, or sub-license material from Smarttronics
Reproduce, duplicate or copy material from Smarttronics
Redistribute content from Smarttronics

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Smarttronics does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Smarttronics, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Smarttronics shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Smarttronics reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Smarttronics a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

Commonly-known consumer and/or business information sources;
Dot.com community sites;
Associations or other groups representing charities;
Online directory distributors;
Internet portals;
Accounting, law, and consulting firms; and
Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Smarttronics; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Smarttronics. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or
By use of the uniform resource locator being linked to; or
Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Smarttronics's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Smarttronics

Terms and Conditions of Trade.

1.Definitions

1.1 “Smarttronics” refers to Smarttronics, a security and electronics integration and maintenance service provider, its successors and assigns. Includes any person acting on behalf of and with the authority of Smarttronics.

1.2 “Client”: Refers to the Client (or any person acting on behalf of and with the authority of the Client). As described on any quotation, work authorisation, or other form provided by Smarttronics to the Client.

1.3 “Guarantor”: Refers to the person(s) or entity agreeing to be liable for the debts of the Client on a principal debtor basis.

1.4 “Goods”: Includes all materials, equipment, workmanship, or services supplied by Smarttronics to the Client at the Client’s request. Encompasses any advice, recommendations, information, or programming provided to the Client. The terms ‘Goods’ or ‘Services’ may be interchanged where the context permits.

1.5 “Price”: Refers to the cost of the Goods as agreed between Smarttronics and the Client in accordance with clause 5.

2.Agreements

2.1 ’By hiring Smarttronics to carry out services and/or provide materials (“Goods”), you (“the Client”) agree to the following terms and conditions.

2.2 “If more than one Client enters into this agreement, all Clients are jointly and individually responsible for paying the Price.

2.3 “Once the Client accepts these terms and conditions, they cannot be changed unless Smarttronics agrees in writing.

2.4 “The Client agrees to notify Smarttronics at least fourteen (14) days in advance of any changes to the Client’s name, address, or other details.

2.5 “If fulfilling any contract with the Client requires Smarttronics to source Goods from a third party, the agreement between Smarttronics and the Client will include and be subject to the terms of supply of those Goods to Smarttronics and the Client will be responsible for the full cost of those goods.

2.6 – “Caveatable Interest Clause: In the event of default of the agreed trading terms by the Client, then the Client 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(ices) owned/partly owned, acquired in the future, solely or jointly by the said Client/Director(s) /Proprietor(s)/Partners/Individual(s) of this application in favour of the Supplier, to better secure all monies owed to the

Supplier as of the date of the default, with the due and punctual observance and performance of all the obligations of the Client.

Such Client acknowledges that Smarttronics 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 Smarttronics is required to exercise its right under this clause, against

the Client, then the Client grants Smarttronics the right to appoint a receiver and sell the property(ies).

3.Prices and Payments

3.1 “At Smarttronics sole discretion, the Price shall be either: a) As indicated on invoices provided by Smarttronics to the Client in respect of Goods supplied; or (b) Smarttronics quoted Price (subject to clauses 3.2 and 3.3), which shall be binding upon Smarttronics provided that the Client accepts Smarttronics quotation in writing within thirty (30) days.

3.2 “Smarttronics reserves the right to change the price in the event of any variation(s) to Smarttronics quotation. (a) Parking Fees - Smarttronics will always endeavour to park in free areas; however, if parking fees are incurred, these will be directly passed on to the Client and will form part of the adjusted quotation or invoice.

3.3 “Where a quotation has been submitted to the Client without a written brief and/or sighting by Smarttronics of the material involved, Smarttronics reserves the right to submit a revised quotation if required.

3.4” At Smarttronics sole discretion, a deposit may be required.

3.5” Time scheduled for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated, then payment shall be due seven (7) days following the date of the invoice.

3.6 “At Smarttronics sole discretion: (a) Payment shall be paid in full on completion of the Works (“Goods”), or (b) Payment may be due before delivery of the materials.

3.7“Payment can be made by cash, credit card, or EFT.

3.8” GST and other taxes and duties that may be applicable shall be added to the price except when they are expressly included in the price.

4.Ownership

4.1 Smarttronics and the Client agree that ownership of the Goods shall not pass until: (a) The Client has paid Smarttronics all amounts owing for the goods; and

(b) The Client has met all other obligations due by the Client to Smarttronics in respect of all contracts between Smarttronics and the Client.

4.2 Receipt by Smarttronics of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared, or recognised and until then Smarttronics ownership or rights in respect of the goods shall continue. 4.3 It is further agreed that: (a) Where practicable, the goods shall be kept separate and identifiable until Smarttronics has received payment/s and all other obligations of the Client are met; and

(b) Until such time as ownership of the Goods shall pass from Smarttronics to the Client, Smarttronics may give notice in writing to the Client to return the Goods or any of them to Smarttronics. Upon such notice, the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and

(c) Smarttronics shall have the right of stopping the Goods in transit whether delivery has been made; and

(d) If the Client fails to return the Goods to Smarttronics, then Smarttronics or Smarttronics agents may enter upon and into land and premises owned, occupied, or used by the Client, or any premises as the invitee of the Client, where the Goods are situated and take possession of the Goods; and

(e) The Client is only a bailee of the Goods and until such time as Smarttronics has received payment in full for the Goods, the Client shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Client owes to Smarttronics for the Goods, on trust for Smarttronics Services; and

(f) The Client shall not deal with the money of Smarttronics in any way which may be averse to Smarttronics and

(g) The Client shall not change the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of Smarttronics and

(h) Smarttronics can issue proceedings to recover the price of the goods sold notwithstanding that ownership of the goods may not have passed to the Client; and

(i) Until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that Smarttronics will be the owner of the end products.

5.Warranty and liability

5.1 Client’s Obligation to Notify Defects: Client must notify Smarttronics in writing any concerns to the works within seven days of delivery/completion of works. Notice must include particulars of any defects or non-compliance with the agreement. Failure to notify within this period results in: (a) Works deemed accepted by the Client. (b) All claims against Smarttronics extinguished. (c) Client must pay Smarttronics for the works.

5.2 Rectification of Unsatisfactory Works: If unsatisfied with the works, Client must allow Smarttronics to rectify the issues. If Client refuses or prevents rectification within (7) seven days of written notice: Smarttronics not liable to the Client. Client must pay all invoices in full.

Warranty Conditions: Warranty does not cover defects or damage caused by: (a) Client’s failure to maintain Goods. (b) Client’s failure to follow instructions/guidelines. (c) Use of Goods for unspecified applications. (d) Continued use after defect becomes apparent. (e) Fair wear and tear, accidents, or acts of God. (f) Warranty ceases if workmanship is repaired, altered, or overhauled without Smarttronics consent. (g) Smarttronics not liable for delays in replacing/remedying workmanship or assessing claims.

5.3 Warranty for Non-Manufactured Goods: Warranty is as provided by the manufacturer. Smarttronics will not be responsible for any terms, conditions, representations, or warranties beyond those given by the manufacturer.

6 Cancellation of contract.

A cancellation fee of $150 may apply if a 48 hours’ notice is not given in writing to Smarttronics once the Client has agreed to the quoted price for goods and services. This covers the return cost for any goods and materials that may have been purchased from suppliers prior to the commencement of work. All cancellation must be emailed directly at – contactus@buildersportal.com.au.