These terms and conditions shall apply to all contracts made by i-LAN TECHNOLOGY Pty Ltd (i-LAN), with customers for the sale of equipment or services supplied by i-LAN TECHNOLOGY Pty Ltd. No variation in these terms and conditions shall be effective unless modified in writing and signed by i-LAN TECHNOLOGY Pty Ltd.
- Quotations are based upon the requirements given to i-LAN TECHNOLOGY Pty Ltd by the customer and are current for fourteen (14) days, or a period otherwise specified by i-LAN TECHNOLOGY Pty Ltd after which they are subject to confirmation or revision by i-LAN TECHNOLOGY Pty Ltd.
- Quotations may only be accepted by the customer’s submission of a purchase order, or other official indication of intent to purchase. Prior to receipt of such, i-LAN TECHNOLOGY Pty Ltd reserves the right to vary quotations without notice.
- CANCELLATION OR VARIATION OF ORDERS
An accepted order may only be cancelled or varied with i-LAN TECHNOLOGY Pty Ltd‘s written consent and the giving of this consent shall not in any way prejudice i-LAN TECHNOLOGY Pty Ltd‘s right to recover the customer’s full compensation for any loss or expense arising from such cancellation or variation.
- The goods will be supplied in i-LAN TECHNOLOGY Pty Ltd standard packaging.
- Any alternative or additional packaging requested by the customer or deemed necessary by i-LAN TECHNOLOGY Pty Ltd will be charged for accordingly in addition to the price quoted.
Unless otherwise specifically stated, prices quoted for i-LAN TECHNOLOGY Pty Ltd‘s goods and services do not include freight, insurance, any special packaging, installation, commissioning and maintenance costs. These prices may or may not include GST (Goods and Services Tax) depending on the manner in which they are quoted.
- DELIVERY AND PASSING OF TITLE
- The goods shall be delivered by i-LAN TECHNOLOGY Pty Ltd or dispatched for delivery to the customer at the address of the customer stated in the Contract or as the customer may from time to time otherwise direct i-LAN TECHNOLOGY Pty Ltd to deliver to.
- The risk to damage of goods transfers to the customer following collection from i-LAN TECHNOLOGY Pty Ltd premises by any courier i-LAN TECHNOLOGY Pty Ltd may employ on the customer’s behalf.
- Title to, and property of the goods shall only pass to the customer on i-LAN TECHNOLOGY Pty Ltd’s receipt of all monies payable by the customer.
- All payments are to be made strictly cash net against invoices, except in the event of i-LAN TECHNOLOGY Pty Ltd’s provision of a credit account. If any invoice covers only part of an order, the amount shall be deemed an installment of the purchase price, not a deposit. Any minor defects of the products that might arise shall not interfere with payment. Extension of credit shall be at i-LAN TECHNOLOGY Pty Ltd’s absolute discretion.
- In the event that the customer defaults their payment of an invoice or otherwise, and under these terms and conditions or being adjudged bankrupt or compounding with creditors, i-LAN TECHNOLOGY Pty Ltd shall have the right to withhold further deliveries and retain any payments already made. This shall be in addition to any right of action or remedy by i-LAN TECHNOLOGY Pty Ltd for the recovery of any moneys due for any prior breach by the customer.
- Additionally, in the case of default, i-LAN TECHNOLOGY Pty Ltd may charge interest on such amount at the rate of 3% per month from 14 days after the due date for payment until the date the account is paid in full.
- DEFECTS APPARENT ON INSPECTION
- The customer shall not have any claim for defects apparent on visual inspection unless:
- the customer inspects the goods within three (3) working days of delivery; and
- a written or oral complaint specifying the shortage or defect is made to i-LAN TECHNOLOGY Pty Ltd within seven (7) days of delivery; and
- i-LAN TECHNOLOGY Pty Ltd is given an opportunity to inspect the goods and investigate any complaint before any use is made of the goods.
- If a complaint is not made to i-LAN TECHNOLOGY Pty Ltd as per paragraph 8(a) above, then the goods shall be deemed to be in all respects operational in accordance with the Contract.
- The customer shall not have any claim for defects apparent on visual inspection unless:
- WARRANTY AND LIMIT OF LIABILITY
- Standard Warranty Period: Subject to clauses 7 and 8, i-LAN TECHNOLOGY Pty Ltd warrants its goods to be free from defects in materials and workmanship under normal use, service and conditions, and be in compliance with all applicable regulations by sufficiently qualified people. i-LAN TECHNOLOGY Pty Ltd agrees to make any necessary repair or replacement of defective parts or flaws in workmanship, for a period of one (1) year, commencing from the date of purchase from a registered reseller or distributor by the user.
- Voluntary Extension of Warranty Period: Refer to http://www.i-lan.com.au/support/warranty/
- The user shall present the original invoice as proof of purchase for the warranty service. If such an invoice is not produced, i-LAN TECHNOLOGY Pty Ltd will treat the warranty claim based on the serial number, where this indicates the manufacture date, and will allow for a 3 month grace period from the manufacture date. In case the serial number does not indicate the manufacture date, or if the date is outside of the period in 9(b) and the grace period, i-LAN TECHNOLOGY Pty Ltd reserves the right to refuse the claim for warranty repair, or to charge a suitable fee for the parts and services.
- From time to time, i-LAN TECHNOLOGY Pty Ltd may hold special sales for certain products. For such items, i-LAN TECHNOLOGY Pty Ltd reserves the right to limit the warranty period to a shorter time, or to eliminate it completely. i-LAN TECHNOLOGY Pty Ltd will display and inform of the conditions for such activities; and distributors or resellers agree to accept responsibility to inform the end users of such conditions.
- The warranty in paragraphs 9(a) and 9(b) above does not cover damage to the goods caused by accident, misuse, acts of third parties, environmental conditions, neglect, improper installation, improper maintenance or other causes beyond the control of i-LAN TECHNOLOGY Pty Ltd.
- The warranty in paragraphs 9(a) and 9(b) above is in addition to the warranties and conditions implied in the Competition and Consumer Act 2010 or by applicable State Acts and Territorial Ordinances to the extent that such implied warranties and conditions are incapable of exclusion.
- i-LAN TECHNOLOGY Pty Ltd’s obligations under the warranty in paragraph 9(a) and 9(b) above in relation to goods and services shall be limited at i-LAN TECHNOLOGY Pty Ltd’s discretion to:
– in the case of goods, any of the following:
– in the case of services, any of the following:
- replacement of the goods with new, refurbished or equivalent goods;
- repair of the goods;
- payment of the cost of replacing the goods or of acquiring equivalent goods;
- payment of the cost of having the goods repaired;
- supplying of the services again; or
- payment of the cost of having the services supplied again.
- After a warranty service as described in 9(g), the remaining warranty term for the product will still be based on the original purchase dates and conditions in 9(a), 9(b) and 9(c) above.
- Shipping costs and risk of loss or damage of all return items shall be at the Customer’s responsibility.
- Where i-LAN TECHNOLOGY Pty Ltd responds to a complaint which is not covered by the warranty in paragraph 9(a) and 9(b) above, it reserves the right to charge the customer at its normal rates for travel, subsistence, labour and materials in carrying out any inspection and rectification.
- i-LAN TECHNOLOGY Pty Ltd shall have no liability in contract, tort or otherwise including loss of profit or of contract, economic loss or injury whatsoever arising, consequential damage or loss.
- i-LAN TECHNOLOGY Pty Ltd shall not be liable for any loss sustained by the customer through act or circumstance beyond i-LAN TECHNOLOGY Pty Ltd’s reasonable control including but not limited to Acts of God, war, blockade, riot, strike, fire, drought, flood, lightning, earthquake, storm or other elements, explosion, accident, sabotage, legislation, regulations, orders or action, governmental or quasi-governmental restraint, expropriation, prohibition, intervention, direction or embargo, scarcity, unavailability or delay in availability of or failure to obtain power supply, raw materials, labour, containers, or transportation; inability or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licenses, authorities or allocations.
- Shipping costs are not refundable for warranty services.
- It is customer’s responsibility to backup the files and data prior to sending the device to i-LAN TECHNOLOGY Pty Ltd for repair. i-LAN TECHNOLOGY Pty Ltd will not be responsible for the files and data loses during the repair.
- During the repair the format and the configuration of the device may change. i-LAN TECHNOLOGY Pty Ltd will not be responsible for the changes of the format and configuration in the device.
- BUSINESS PROTECTION PLAN (BPP)
i-LAN TECHNOLOGY Pty Ltd provides a service plan, called Business Protection Plan (BPP), to allow customers who use our products for critical operations and need to have minimum disruption in operation due to equipment failure. Below are the details:
- i-LAN TECHNOLOGY Pty Ltd supports every product with standard and/or extended warranty terms, and will repair or replace the faulty items at our own discretion for the warranty period. We provide warranty repairs with our ‘best effort’, and rely on our overseas suppliers to determine the length of time for completion on warranty services.
- Business Protection Plan is an option for customers who purchase certain i-LAN TECHNOLOGY Pty Ltd products (listed in section 10(j) below) to insure their purchases in the case the product needs to be returned for warranty repair, and ensuring no interruption is made to business operations should a replacement be required.
- The service charges under the Business Protection Plan are listed below:
BPP Code I-LAN RRP Item Value ($) BPP Price / 12 months ($) BPP-A 500 — 999 150 BPP-B 1000 — 1999 300 BPP-C 2000 — 2999 500 BPP-D 3000 — 3999 700 BPP-E 4000 — 4999 900
- Upon joining the plan and when the product becomes faulty and needs to be shipped back for repair or verification, em>i-LAN TECHNOLOGY Pty Ltd will supply a unit (Unit B) of the same or higher functionality (at our own discretion), to the customer to replace the faulty unit (Unit A).
- The customer will also pay a security deposit, which is fifty percent (50%) of the Recommended Retail Price (RRP) of the item at the time. i-LAN TECHNOLOGY Pty Ltd will dispatch the Unit B after receiving this payment, and will refund the security deposit when the matter is solved,
- On receiving Unit B, the customer will replace it for use with the faulty Unit A and then return Unit A to i-LAN TECHNOLOGY Pty Ltd as per usual RMA (Returned Material Authorization) procedure.
- When Unit A is fixed and functional, i-LAN TECHNOLOGY Pty Ltd will send it back to the customer, who will then return the replacement Unit B to i-LAN TECHNOLOGY Pty Ltd. Upon receipt of the replacement Unit B, i-LAN TECHNOLOGY Pty Ltd will refund the security deposit to the customer in full. In certain cases to be determined by i-LAN TECHNOLOGY Pty Ltd, i-LAN TECHNOLOGY Pty Ltd may simply deem Unit B as the replacement unit. In such cases, i-LAN TECHNOLOGY Pty Ltd will refund the security deposit to the customer upon return of the faulty Unit A.
- The customer will be liable for freight cost for sending Units A and/or Unit B to i-LAN TECHNOLOGY Pty Ltd.
- If the customer does not purchase the Business Protection Plan within 30 days, the normal RMA procedure still applies as per section 9 above of these Terms and Conditions of Trade.
- Product Items with the value over >$500 is eligible for BPP.
- SPECIFICATIONS AND TECHNICAL INFORMATION
- All specifications are approximate only and are subject to normal margins of tolerance. i-LAN TECHNOLOGY Pty Ltd reserves the right to vary specifications without notice in light of changes in technical knowledge, production techniques, government or other regulation, consideration of safety or other reasonable causes.
- The information contained in the advertising, sales and technical literature issued by i-LAN TECHNOLOGY Pty Ltd may be relied on to be accurate in the exact circumstances in which it is expressed otherwise. Any illustrations, performance details, examples of installations and methods of assembly and all other technical data in such literature are based upon experience and from trials under test conditions. Accordingly, the information contained in i-LAN TECHNOLOGY Pty Ltd publications is provided for general guidance only and does not form any part of the Contract unless expressly agreed in writing by i-LAN TECHNOLOGY Pty Ltd. Purchasers should obtain specific recommendations and advice from i-LAN TECHNOLOGY Pty Ltd regarding the uses and attributes of i-LAN TECHNOLOGY Pty Ltd products and services; all such advice being given and accepted at the customers own risk.
- CONSTRUCTION OF CONTRACT AND GOVERNING LAW
- The terms and conditions herein constitute the entire agreement between i-LAN TECHNOLOGY Pty Ltd and the customer relative to i-LAN TECHNOLOGY Pty Ltd’s provision of goods and/or services, and supersede and take precedence over all prior agreements, understandings and negotiations relating to the goods and/or services.
- i-LAN TECHNOLOGY Pty Ltd reserves the right to vary the Terms and Conditions of Trade from time to time. In the event of this occurring, i-LAN TECHNOLOGY Pty Ltd will publish the new version of the Terms and Conditions of Trade on i-LAN TECHNOLOGY Pty Ltd websites (www.draytek.com.au and www.i-lan.com.au) and raise a news item for the distribution channel detailing the changes. Customers are expected to check these Terms of Conditions of Trade regularly.
- c. The validity, interpretation and application of any quotations or contracts embodying these Terms and Conditions shall be governed by and construed in accordance with the law of the State of New South Wales.
- REFUNDABLE PERIOD
- For all DrayTek’s products is 7 days commencing from the date of purchase.
- For all Planet’s products is 7 days commencing from the date of purchase.
- For i-LAN’s Tablets and Interactive Projectors are 14 days commencing from the date of purchase.
VigorACS SI Terms & Conditions
- USE OF THE SERVICE OFFERINGS
- You will adhere to all laws, rules, and regulations applicable to your use of the Service Offerings. You are responsible for all activities that occur under your account. These include the technical operations (i.e, protection and backup) of Your Content and any claims relating to Your Content.
- Regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents) and, except to the extent caused by our breach of this Agreement, i-lAN Technology Pty Ltd and our affiliates are not responsible for unauthorized access to your account.
- You will contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen. You may terminate your account and this Agreement at any time.
- i-LAN Technology Pty Ltd may change, discontinue, or deprecate any of the Service Offerings (including the Service Offerings as a whole) or change or remove features or functionality of the Service Offerings from time to time. i-LAN Technology Pty Ltd will announce any material change to or discontinuation of the Service Offerings through our normal business channels including website (www.i-lan.com.au), newsletter or email.
- DATA PRIVACY
i-LAN Technology Pty Ltd will not disclose Your Content to an unrelated party without notifying you, unless required to comply with the law or requests of governmental entities.
- TEMPORARY SUSPENSION
i-LAN Technology Pty Ltd may suspend your or any End User’s right to access or use any portion or all of the Service Offerings immediately upon notice to you if i-LAN Technology Pty Ltd determines:
- Your or an End User’s use of or registration for the Service Offerings:
- Poses a security risk to the Service Offerings or any third party.
- May adversely impact the Service Offerings or the systems or Content of any other ACS SI customer.
- May subject us, our affiliates, or any third party to liability.
- May be fraudulent.
- You are, or any End User is, in breach of this Agreement. You remain responsible for any applicable fees and charges for any Service Offerings to which you continue to have access, as well as applicable data storage fees and charges, and fees and charges for in-process tasks completed after the date of suspension. You will not be entitled to any service credits for any period of suspension. i-LAN Technology Pty Ltd will not erase any of Your Content as a result of your suspension for at least 6 months.
- Your or an End User’s use of or registration for the Service Offerings:
- TERM AND TERMINATION
i-LAN Technology Pty Ltd may terminate this Agreement for any reason by providing you a 30 days advance notice.
- You may terminate this Agreement for any reason by:
- providing us notice and
- closing your account for all Services for which i-LAN Technology Pty Ltd provide.
- If our relationship with a third party partner who provides software i-LAN Technology Pty Ltd use to provide the Service Offerings expires, terminates or requires us to change the way i-LAN Technology Pty Ltd provide the software or other technology as part of the Services.
- If i-LAN Technology Pty Ltd believes providing the Services could create a substantial economic or technical burden or material security risk for us.
- All your rights under this Agreement immediately terminate.
- You may terminate this Agreement for any reason by:
- LICENSE RESTRICTIONS
Neither you nor any End User may, or may attempt to:
- Modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Service Offerings.
- Reverse engineer, disassemble, or decompile the Service Offerings or apply any other process or procedure to derive the source code of any software included in the Service Offerings.
All licenses granted to you in this Agreement are conditional on your continued compliance this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement. During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Service Offerings you have used.
You will defend, indemnify, and hold harmless to us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, confrontations, electricity outages, storms, earthquakes, hacking crimes, communications systems failure, natural disasters and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning:
- Your or any End Users’ use of the Service Offerings (including any activities under your account and use by your employees and personnel).
- Breach of this Agreement or violation of applicable law by you or any End User.
- Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content.
- A dispute between you and any End User. If i-LAN Technology Pty Ltd or our affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.
The service offerings are provided “as is.” i-LAN Technology Pty Ltd and our affiliates and licensors make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the service offerings or the third party content, including any warranty that the service offerings or third party content will be uninterrupted, error free or free of harmful components, or that any content, including your content or the third party content, will be secure or not otherwise lost or damaged. Except to the extent prohibited by law, i-LAN Technology Pty Ltd and our affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
- MODIFICATIONS TO THE AGREEMENT
i-LAN Technology Pty Ltd may modify this Agreement at any time by posting a revised version on www.i-lan.com.au. The modified terms will become effective upon posting or, if i-LAN Technology Pty Ltd notify you by email, as stated in the email message.
- VigorACS SI TRIAL
The trial period is 30 days. Customer details including the nodes information are to be deleted after 30 days. i-LAN Technology Pty Ltd will not keep customer’s trial information.The customer acknowledges that he/she understands and agrees on the terms and conditions for VigorACS SI, in addition to the terms and conditions for trading with i-LAN Technology Pty Ltd.