Terms of Service
Terms and Conditions of Sale
We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
In these Conditions of Sale:
- "the Company" means Crystal Echo Pty Ltd;
- "the Customer" means the person, firm or Company ordering or buying the goods from the Company;
- "the Goods" means goods or services supplied by the Company to the Customer.
- These conditions shall apply to and be incorporated into every agreement between the Company and the Customer under which the Company supplies goods or services at the request of the Customer.
- No contract in respect of the Goods will arise between the Company and the Customer until the Customer’s order has been accepted by the Company.
- These conditions shall take precedence over any conditions set out in any communication or document of the Customer regardless of the date or time of such communication or document and shall not be varied without the express written consent of the Company.
- Any quotation and contract between the Company and the Customer shall in all respects be governed by and construed in accordance with News South Wales, Australia and the Courts of New South Wales, Australia shall have jurisdiction to hear all disputes arising in connection with the contract.
- In these Conditions of Sale:
- Unless otherwise specifically stated, any prices quoted by the Company are in Australian currency and are inclusive of packaging but exclusive of: Delivery and freight charges; and the Company shall charge extra in respect of such items.
- Prices quoted are current at the time of quotation and are valid for 14 days from date of invoice. If delivery occurs outside the 14 day validity period of the quotation, the Company reserves the right to alter the price payable by the Customer according to the price ruling on the date of the despatch.
- The Company reserves the right to withhold received payment or invoice a received company purchase order provided for training, if the Customer cancels from a scheduled course at short notice; 50% refunded if cancelled in less than 10 working days prior to course commencement, 25% refunded if cancelled in less than 5 working days prior to course commencement.
- The Company reserves the right to re-schedule any course seven (7) or more working days prior to the course date and is not liable for any costs such as accommodation, travel or loss of income. In the event a course is rescheduled, notification will be by email.
- Payment is to be made in the form of cash, electronic funds transfer, BPAY, bank cheque, company cheque, personal cheque or credit card.
- Payment in full is required for customers with no past history of payment with Crystal Echo.
- Payment in full for hardware is required prior to delivery.
- Payment for professional services will be invoiced post work being completed and is 14 days net based on a purchase order being provided prior to work commencement.
- In the event that payment has not been made by such date the Company shall be entitled to recover interest on the amount outstanding calculated at the Business Reference Rate as published by ANZ Bank plus 4% margin, this will be calculated on a daily basis.
- If full payment is not made within 14 days, any discounts provided may be revoked at the discretion of Crystal Echo management and the original list price before discount will be the outstanding amount.
- The Customer will pay all collection costs including but not limited to legal expenses and debt collection commissions incurred in obtaining payment for any amounts owing to the Company in respect of the Goods.
- If training received is perceived to be less than what was sold or communicated, then the customer has two (2) business days post the completion of course to formally lodge via email the reasons for this and if agreed by Crystal Echo the opportunity to re-sit the class may be offered.
Retention and Passing of Title
- The risk in the Goods shall pass to the Customer on delivery but until the Company has received payment in full, the Goods shall remain the ownership and property of the Company and the Company has the right, without prejudice to the obligation of the Customer to pay the price to recover the Goods and for the purpose thereof the Company, or the Company’s nominated agent, may enter upon any premises of or occupied by the Customer or third party with the consent of the third party.
Loss and Damage in Transit or Non Delivery
- All risk in respect of the Goods during transit shall be assumed by the courier service(s) employed by the Company or the Customer. The Company shall not be held liable for any consequences of late delivery howsoever caused.
Frustration (Force Majeure)
- If the Company is prevented at any time from performing any contractual obligation or if any loss, damage, injury or delay in delivery is occasioned by or due to any cause beyond the Company’s control including but without prejudice to the generality of the foregoing, the commission of any criminal act, shortage of Goods, telecommunication delays, act of war, civil commotion, accident, industrial action, Act of God or any restriction imposed by any local municipal or government authority (including Customs Authorities) whether Australian or foreign, the Company shall be entitled forthwith to determine the contract and to be discharged from all liabilities whatsoever to the Customer and the Company shall not be liable for any such loss, damage, injury or delay as aforesaid.
Warranty and Limitation of Liability
- All Goods supplied by the Company benefit from the warranty given by the manufacturer, if any, and this benefit shall be passed on to the Customer accordingly.
- The Company’s liability in respect of the Goods shall be limited to the replacement of faulty Goods or the issue of a credit note in respect thereof or the granting of a refund or equivalent compensatory measure as the Company considers appropriate at its discretion.
- Goods returned must be in the original packaging and in a clean resalable condition. The Company shall not be liable for loss of or damage sustained to Goods in transit from the Customer.
- The Company shall not be liable in contract, tort or otherwise for any injury, damage or loss resulting from defects or from anything done or omitted in connection with the Goods or from any work done in connection therewith.
- Whilst the Company makes every effort to ensure that all Goods sold are of merchantable quality, these products are sold on the understanding that the Company cannot be held responsible for any losses caused through the failure of these products to function as the manufacturer intended, or their failure to be delivered within a reasonable time frame from placement of your order.
- Supplying a company purchase order listing Goods and Services to be purchased, the Customer agrees to the above terms and conditions of sale.