Envision Digital – Standard Terms and Conditions
You agree with Envision Digital Pty Ltd that the Terms and Conditions set out in this agreement apply in relation to the purchased equipment and services which we are to perform for you.
2. Scope of this agreement
2.1 Work Covered
The Customer engages Envision Digital Pty Ltd to purchase equipment and complete the works specified in relation to the Project as set out in the Proposal provided with this agreement and any work performed before entering into this agreement.
2.2 Our Obligations
We are obligated to act in your best interests in carrying out the work covered by this agreement and to hand over the Project to the customer by the Handover date.
2.3 Changes to the Scope
The Customer and Envision Digital Pty Ltd must advise the other party as soon as possible of any change to the scope of this project or of any other mater which may prevent Envision Digital Pty Ltd from completing the Project by the time specified.
No variation shall be of any effect until it is agreed to by both parties in writing and the variation will be subject to these terms and conditions. Variations do not vitiate this contract.
3. Customers Representative
The Customers nominated representative will be responsible for confirming all directions regarding the Contract Works with Envision Digital Pty Ltd. All correspondence to the Customer will be addressed to the representative or persons nominated by the Customer representative.
4. Approval of Documents
Envision Digital Pty Ltd will issue to the Customer a draft of any required documents noted as “Issued for Customer Approval”. The Customer will review the issued documents, note any comments or alterations which the Customer requires and (by the Representative or the representative’s nominee) sign a copy of the each of Approved documents.
5. Fees and Subscriptions
5.1 Fee Payment
The fee payable by the customer is as specified in the schedule. In addition, any work not included in the scope of the Project will be charged accordingly.
5.2 Subscription Charges
Any fees, charges or subscriptions will be charged as per quoted amount. In case of any changes from 3rd party suppliers, client will be advised prior proceeding.
5.3 Delay Period
If the project is delayed beyond a reasonable period not caused by Envision Digital Pty Ltd, Envision Digital Pty Ltd shall be entitled to claim for reasonable costs and expenses that are incurred.
MANNER OF PAYMENT:
Milestone Payment 1 – PAID HEREWITH
Milestone Payment 2 – PAID BEFORE STAFF TRAINING
Milestone Payment 3 – PAID 7 DAYS AFTER STAFF TRAINING IS FINALISED
Insurances on equipment starts when Envision Digital Pty Ltd purchase equipment from the vendor or 3rd party supplier and lasts as provided in this quote.
7.1 Payment Terms
Our accounts are payable on receipt. If you have any query regarding an account, please contact our Administration Manager.
7.2 Failure of Payment
If the Customer fails to pay all monies as and when due Envision Digital Pty Ltd shall be entitled to claim interest on the outstanding amount. The interest shall be based the business overdraft rate fixed by WESTPAC plus 2%. Interest shall be calculated on a daily basis.
7.3 Rights in Relation to Goods
Until all amounts owed by Customer to Envision Digital Pty Ltd are fully paid, Envision Digital Pty Ltd retains legal and equitable ownership of the documents and or other goods supplied.
Envision Digital Pty Ltd liability at general law in respect of Goods or Services is hereby limited to:
(i) in the case of Goods, any one or more of the following: the replacement of the Goods or the supply of equivalent Goods or the repair of the Goods or the payment of the costs of replacing the Goods or of acquiring equivalent Goods or the payment of the cost of having the Goods repaired; and
(ii) in the case of Services: the supply of the Services again or the payment of the cost of having the Services supplied again. The guarantee of the manufacturer of the Goods is accepted by the Purchaser and is the only guarantee given to Purchaser in respect of those Goods.
Ownership of and copyright in all Plans and any other documents prepared by Envision Digital Pty Ltd in connection with the Project, shall pass to the Client on the payment of all invoices relating thereto.
10. Return of equipment
We do not accept returns based on change of mind, size, dislike or any other reasons. If for some reason purchased equipment is to be returned, return has to be authorized and approved by Envision Digital Pty Ltd and restocking fee of 20 % will apply. Envision Digital Pty Ltd keeps the right to refuse return of any purchased stock.
11. Ending this Agreement
11.1 You may end this agreement
You may bring this agreement to an end at any time by giving 14 days’ written notice to us. You will remain responsible for all cost, fees and disbursements which we may properly charge under this agreement up to the time we receive your written notice.
11.2 We may bring this agreement to an end if:
(a) You have not paid our accounts;
(b) You do not comply with this agreement;
(c) You fail to give us adequate and prompt instructions;
(d) We consider on reasonable grounds that by continuing to act for you we may breach professional conduct rules.
If we bring this agreement to an end you remain responsible for all costs, fees and disbursements which we may properly charge under this agreement up to the date we send you written notice that we are ending this agreement.