On-Line Terms and Conditions of Sale

TERMS AND CONDITIONS OF SALE

Unless otherwise agreed in writing by Crown Group Pty Ltd (ABN 62 852 284 221) ("Crown Solar and Crown Visionguard"), the following conditions will apply:
1 EFFECT OF CONFLICT (IF ANY) WITH BUYER'S TERMS
1.1 These terms and conditions apply to the entire exclusion of any terms or conditions which may be proffered by the Buyer in its order, or in any other form, which are in any way in conflict or inconsistent with these terms and conditions, and regardless of when and how they are proffered, and notwithstanding that, but for this condition, Crown Group would or might otherwise have been regarded as having accepted or agreed to be bound by such terms and conditions at any time prior to or upon delivery of the goods.

2 PRICES
 2.1 Subject to any other arrangements agreed to in writing by Crown Group all quotations are estimates only and are subject to confirmation in writing by Crown Group.
2.2 All sale prices stated or quoted do not include delivery unless otherwise agreed in writing by Crown Group. Interstate/international freight charges may vary dependent on destination and are the responsibility of the buyer.
2.3 If between the date on which Crown Group agrees to sell the goods to the Buyer and the date of delivery of any of the goods, the cost to Crown Group of any of the goods or components increases by reason of any alteration in the cost of materials, labour, insurance (including war risk), freight, cartage, excise, goods and services tax, value added tax, sales tax, or any other tax or in the rate of exchange, or by reason of any order or regulation of any Government or other relevant authority, or by reason of any other cause beyond Crown Group's control, Crown Group shall have the right, by notice in writing to the Buyer, to increase the purchase price of any of the goods ordered which are then undelivered, by such amount as in the opinion of Crown Group, fairly reflects such increased cost or costs.

3 RETENTION OF TITLE
 3.1 Goods shall not pass to the Buyer until they have been paid for in full, but they shall be at the risk of the Buyer as from the time at which they leave Crown Group's premisses.
 3.2 Until the goods have been paid for in full by the Buyer, they are merely entrusted to the Buyer as a bailee and Crown Group remains the legal and beneficial owner of the goods, with full power to regain possession of them at any time (and for that purpose to enter any premises where they may be stored) and to re-sell them.
 3.3 Until payment in full of the purchase price, the Buyer shall store the goods in a separate section in its premises in such a way as to indicate that they are not the property of the Buyer, but remain the property of Crown Group.

4. DELIVERY
4.1 Unless otherwise agreed in writing by Crown Group, delivery shall be arranged by Crown Group at the Buyer's cost.
4.2 Crown Group will use its best endeavors to deliver the goods by the agreed date (if any), but shall not be liable for any lose or damage arising directly or indirectly from delay, whether such delay be caused by Crown Group or otherwise (average 7 to 10 working days).
4.3 If for any reason whatsoever beyond the reasonable control of Crown Group it is unable to supply the goods to the Buyer, this shall not constitute a breach of contract on its part, and its obligation to supply the goods shall be suspended while it continues to be unable to do so, but with liberty to it at any time to cancel the contract, or any unfulfilled part thereof, or renew it upon cessation of the cause which previously made it unable to do so.
4.4 The Buyer shall inspect the goods immediately on delivery and immediately give notice to Crown Group of any defect or allegation that the goods are not in accordance with the contract. Goods which are said to be defective or not in accordance with the contract must be placed aside for inspection by a representative of Crown Group. If the Buyer shall fail to give such notice, the goods shall be deemed to be in all respects in accordance with the requirements of the contract and the Buyer shall be bound to accept and pay for them accordingly.
4.5 Flat Rate Shipping applies to all Australian capital cities only. For regional and remote areas, the buyer shall be liable for any additional costs to secure delivery to your location.

5. INSTALLATION.
5.1 Unless otherwise agreed in writing by Crown Group equipment purchased by the buyer on line shall be the responsibility of the buyer to install and incorrect installation may not be grounds for withholding payment or the responsibility of Crown Group.

6. PAYMENT
6.1 Unless otherwise agreed in writing by Crown Group, all accounts are payable within the terms stated on the invoice.
6.2 Crown Group reserves the right to suspend deliveries without liability where payment is not received in accordance with clause 3.1, or in accordance with any alternative arrangement agreed to in writing by Crown Group.
6.3 If at the request of the Buyer, or as a result of any act or omission on its part, delivery of goods is postponed, payment will become due 30 days after notice to the Buyer that the goods are ready for delivery.

7. RETURN OF GOODS
7.1 It is a condition of the sale of goods that Crown Group is not obliged to accept the return of any goods for credit which the Buyer no longer requires. However, Crown Group may, at its absolute discretion, agree to do so on such terms and conditions as it thinks fit.
7.2 Crown Group reserves the right to charge a restocking fee where deemed applicable.

8.GOVERNING LAW
The validity, performance and construction of the contract between Crown Group and the Buyer shall be governed in all respects by the laws of that state.

9.WARRANTIES, ETC
 9.1 Crown Group undertakes to the Buyer that it will make available to the Buyer all benefits which Crown Group actually receives under any warranties which exist in its favor from the manufacturer or other person from whom Crown Group acquired the goods.
9.2 Any technical information, data literature and advice which may be given or made available in relation to the goods or their use or application is given in good faith and is believed by Crown Group to be accurate and reliable but Crown Group shall have no liability whatsoever to the Buyer or any other person in respect thereof.

10. SALES TAX, GST, ETC.
 10.1 All goods and services taxes, valued added taxes and all other taxes of whatsoever nature shall be to the account of the Buyer and shall be paid by the Buyer in addition to the purchase price. The Buyer indemnifies Crown Group against any and all such taxes.
 10.2 If by any reason of any legislation, regulation, government action or another cause beyond Crown Group's control, any charge, impost, duty or tax of any nature which is not at present chargeable, applicable or payable on or in respect of the goods and/or the sale of them to the Buyer, becomes chargeable, applicable or payable, the full amount or amounts thereof shall be to the account of the Buyer, who indemnifies Crown Group in respect thereof.

11 GENERAL
11.1 Crown Group reserves the right to at any time refuse to accept or proceed with any order should any trade reference in respect of the Buyer be unsatisfactory to Crown Group.
11.2 The Buyer acknowledges that the goods (in relation to security) are deterrents only. Crown Group does not guarantee the Buyer against theft, robbery, break and enter or other illegal intrusion and shall not be liable for any loss (in negligence or for breach of contract) including consequential or economic loss resulting from any failure of the goods to operate, to act as a deterrent, to lead to the capture of any thief or vandal and/or otherwise prevent the damage or destruction of life or property.