National Wireless | digital & analog 2-way radio | premier Motorola Dealer in SA, NSW & QLD

National Wireless Terms & Conditions

Terms & Conditions | Home

TERMS AND CONDITIONS OF OFFER & SALE

Validity

Quotations (including all pricing and these terms & conditions) are valid for thirty (30) days from date of issue to the Purchaser.

Finance Approval

If the Purchaser requires Finance, the Purchaser must complete the standard application form and submit that to the Financier. The Financier will then review the application and will advise National Wireless whether Finance approval is granted. National Wireless does not provide any warranty that the Purchaser will be granted finance by the Financier.

Finance re-payment sums, which National Wireless quotes, are only valid for 14 days from the date of confirmation from the Financier.

The terms of any Finance agreement should be reviewed by the Purchaser, and if necessary, the Purchaser should seek its own legal advice regarding its terms. National Wireless does not provide any warranty regarding the terms of any Finance agreement and it is not a party to any such agreement.

The Purchaser must arrange satisfactory insurance for the Financier for any loss of, or damage to, or repair works for, the equipment.

Insurance claims of any nature regarding the equipment must be advised to the Financier. National Wireless will provide a repair opinion and quotation service and the repair services if required by the Financier.

Taxes

National Wireless’ quoted prices are exclusive of Goods and Services Tax. 10 % G.S.T. presently applies in addition to identified rental and service fees and all other pricing applicable. The rate may be altered by legislation.

Stamp Duty is also payable by the Purchaser on equipment rental agreements according to the legislation in force in the jurisdiction in which the equipment is supplied.

Purchase Orders

A Purchase Order reference number in written or printed form must be provided to National Wireless as authority for purchase and agreement for payment in conjunction with the terms & conditions of this offer.

Alternatively, the Purchaser may also agree to the terms of this offer by providing National Wireless with acceptance by e-mail, handwritten letter or fax, on the basis that the instruction to purchase is on official letterhead, dated and signed with the authorized Purchaser representative clearly identified. Verbal orders or references will not be accepted or acted upon by National Wireless.

Delivery Schedule

National Wireless estimates that it will deliver the equipment as per our associated written quote or proposal after from receipt of your purchase order and the assignment of the frequency by the relevant Government authority. Confirmation of frequency assignments is expected to be per our associated written quote or proposal.. That is an estimate only, and does not create any obligations on the part of National Wireless, nor the Purchaser.

Project Schedule (if applicable)

National Wireless’ tentative works schedule is expected to be per our associated written quote or proposal (after receipt of your purchase order and the assignment of the frequency by the relevant Government authority):

Equipment delivery – per the associated written quotation (approx')

System build, configuration and test – per the associated written quotation (approx')

Delivery/Travel to site/s, Implementation & Commissioning - per the associated written quotation (approx'). Commitment to in-field implementation date/s, subject to actual work schedule prior commitments pending at time of order - to be confirmed at time of order.

Freight & Insurance

Charges for delivery of equipment to the Purchaser’s nominated delivery site is not included in the quoted price unless expressly agreed in writing or arranged specifically according to the Purchaser’s requirements under the agreement.

The Purchaser must arrange insurance cover for any freight issued from National Wireless’ facility to your nominated delivery site as that insurance is not provided irrespective of transport method, carrier or provider unless specifically agreed prior to dispatch.

Freight arrangements made by National Wireless for you will incur additional fees charged to the Purchaser’s account.

Risk & Title

Risk on all ordered equipment will pass to the Purchaser upon dispatch from National Wireless and throughout the delivery process to receipt of goods at the Purchaser’s nominated delivery site.

National Wireless retains title to the equipment until it receives payment in full for the equipment.

If the Purchaser does not make payment in full for the equipment, the Purchaser irrevocably authorizes National Wireless to take any steps to recover the equipment.

Payment Terms

For approved credit account holders National Wireless requires the Purchaser to make payment in full of the invoiced sum within 30 days from date of invoice.

If the Purchaser wishes to become an approved credit account holder, the Purchaser must submit a fully completed National Wireless ‘Credit Application Form’.

National Wireless will then consider the Application and advise the Purchaser whether its’ application is accepted.

Existing credit account holders, overdue, on ‘credit hold’ or under review due to dormant trading history of 12 months or more will be required to re-submit a credit application if requested for the purposes of this offer.

If the Purchaser is not approved for a credit account by National Wireless, the Purchaser must make payment in full for the equipment prior to its dispatch by National Wireless. If payment in full is not received, National Wireless expressly reserves its rights to alter its delivery schedule.

If the Purchaser breaches any of these trading terms, or fails to make payment in full, National Wireless may recover from the Purchaser the outstanding sum together with any costs of and incidental to any recovery proceedings including, but not limited to solicitors’ fees and disbursements (on an indemnity basis), and collection fees.

Cash &/or Counter Sales

For those parties who are not approved for a credit account, National Wireless accepts cash, most major Credit Cards or Bank Cheques made payable to National Wireless on the date of purchase. EFTPOS is also available at National Wireless’ offices on presentation of an authorized card. No cash out facility is provided.

Personal cheques or Company cheques are not accepted unless prior arrangements are made ahead of dispatch of equipment (including deposit and clearance of funds into nominated bank account) or if the Purchaser is an approved credit account holder.

Price Variation

Unless otherwise expressly stated, this proposal is for a Fixed Price for all equipment identified in this proposal and ordered by the Purchaser within the validity period of the offer.

Price variations may apply to any on-going services identified (whether delivered by National Wireless or other providers of services such as licensing authorities or utility providers).

Any Maintenance Agreement portion of this Agreement is subject to review on an annual basis with reference to the CPI or as may be required due to altered scope of works under agreement by both parties.

Warranty

Radio equipment offered is covered by the relevant manufacturer’s standard terms and conditions of warranty for a period of 12 months from date of purchase unless otherwise expressly stated. This warranty covers defects or failures of the equipment as a result of faulty parts, materials or workmanship for failure events arising under normal use but excludes events of physical damage, liquid ingress, neglect or malicious acts.

Accessory items of a personal use, issue or nature and subject to personal hygiene issues and cleaning practices (ie: earbuds, earpieces, eartubes, earbone mic’s, headset cups, microphone booms etc) are limited to 3 months warranty from date of purchase. Original proof of purchase must be provided.

‘Light Duty’ disposable or consumable accessory items used on the person and all items of a personal use nature are limited to 3 months warranty from date of purchase. Original proof of purchase must be provided.

Motorola ‘MAG ONE’ accessories are limited to 6 months warranty from date of purchase.

National Wireless provides standard product warranty repair, and where necessary in association with the relevant manufacturers repair facilities during normal business hours Monday to Friday excluding public holidays.

Freight and Insurance arrangements to return items for warranty attention and all associated charges will be the responsibility of the Purchaser or if by exception and specifically requested of National Wireless to facilitate, then all charges will be attributed to the Purchaser’s account.

Uplift of standard product warranty to 24 hour, 7 day week coverage within the initial 12 month period or beyond is available and can be quoted under a separate maintenance agreement.

Manufacturer’s standard terms and conditions of warranty statements are available separately on request by the Purchaser.

For equipment and items outside of the standard manufacturers warranty period that have had repair work completed, National Wireless provides a 90 day warranty on parts and workmanship for the specific fault and repair event. This does not cover any further, additional or other un-related performance problems that occur to the equipment, items or associated accessories such as batteries during the repair warranty period. Any such additional performance problems will be regarded as separate events and will incur separate repair charges accordingly. A repair warranty event requiring further repair work for the same performance failure will not re-start the 90 day repair warranty period.

Return of Goods

Return of goods is acceptable only:

i. Within 14 days of delivery and/or invoice date.

ii. Invoice or original Proof of Purchase is provided with goods.

iii. Goods must be in as new condition, un-circulated/not issued for beneficial use.

iv. Complete with original packaging materials and documents.

v. Delivered to the originating National Wireless office goods dispatched from.

A Re-stocking Fee will be applicable to all agreed returns on the above conditions with the credit amount being 15 % less of the original invoice value, except if the return is attributed to an error, incorrect delivery, or fault of National Wireless.

Freight & Insurance for any returned goods sent to National Wireless whether under return agreement or not will be the responsibility of the Purchaser except as specifically agreed in writing by National Wireless due to our error or fault outlined above. Risk and Title will only pass from the Purchaser back to National Wireless if the return is explicitly accepted by National Wireless and upon actual delivery and invoice credit occurring at the National Wireless premises originally dispatched from.

Accessory items of a personal use, issue or nature and subject to personal hygiene issues and cleaning practices (ie: earbuds, earpieces, eartubes, earbone mic’s, headset cups, microphone booms etc) are not applicable for return unless returned un-used within 7 days of purchase, in as new condition with original packaging together with original proof of purchase and returned at the Purchaser’s full expense.

‘Light Duty’ disposable or consumable accessory items used on the person and all items of a personal use nature are not applicable for return unless returned un-used within 7 days of purchase, in as new condition with original packaging together with original proof of purchase and returned at the Purchaser’s full expense.

Order Cancellation

Purchaser orders cancelled for any reason after 24 hours of issue by National Wireless and not yet delivered or invoiced will be subject to a 10 % cancellation fee to recover processing costs incurred. In circumstances where delivery is underway at time of cancellation advice, the Return of Goods terms will apply including the 15 % re-stocking fee and applicable freight and insurance charges.

Exclusion of Liability

Whilst every care is taken by National Wireless to ensure satisfactory communications for the Purchaser or the user, no warranty or understanding is given by National Wireless as to the quality of radio signals, in relation to interference from other users or stations, nor shall National Wireless be obliged to operate any service if prevented from so doing by reason of circumstances beyond its control.

Should this agreement be subject to the provisions of the Trade Practices Act, 1974 (as amended) or similar legislation of any state authority, the liability of National Wireless under such legislation shall be limited to payment of the cost of performing the service which invoked the operation of that provision.

Both parties acknowledge that from time to time and for whatever reason there may be some loss of communication to the user. National Wireless shall use its best endeavors to rectify the problem in as brief a period of time as possible. However, National Wireless shall not be liable to the user or to any other party for any loss or claim whatsoever direct or indirect consequential or incidental to property or person regardless of cause arising out of the performance and non-performance of National Wireless’ obligations hereunder. Unless specifically identified otherwise and documented it is assumed that the purchaser has conducted performance tests including radio coverage in the area intended for use and agrees that the equipment is fit for purpose (purchase by trial). National Wireless accepts no responsibility for the radio coverage or ‘system’ performance aside from the supplied goods meeting manufacturer specifications unless specifically contracted to conduct such tests and warrant any agreed system performance and design levels.

Jurisdiction

These terms and this agreement is governed by the laws in force in the State of New South Wales. National Wireless and the Purchaser submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there in relation to any matter arising out of these terms.