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Standard Terms and Conditions

The following terms and conditions of sale (“Terms of Sale”) shall apply to and form part of any contract for the supply of goods and services (“Goods”) by SAFETYLINK PTY LTD (“the Company”) to another party (“the Purchaser”).
1.           QUOTATION
1.1         No quotation given by the Company to the Purchaser shall constitute an offer.
              Any order from the Purchaser to the Company for the supply of Goods shall not
              be binding upon the company until accepted by the Company.
1.2         Prices given in any quotation by the Company are applicable to that quotation only and 
              will not apply in any other instance.
1.3         Quotations are valid for a period of thirty (30) days from date of issue by the Company
              or otherwise specified in the quotations.
2.           PURCHASE ORDERS
2.1         When ordering, an official order is to be submitted by the Purchaser to the Company
              quoting an order number, full description of the Goods to be purchased and the delivery 
              time and address.  Reference to the Company’s quotation number to the Purchaser
              should also be made (where applicable).
2.2         These Terms of Sale apply to the Purchaser and to the Company in respect of Goods
              ordered by the Purchaser and any terms and conditions set out in the Purchaser’s order
              deviating from or inconsistent with these Terms of Sale will not bind the Company
              notwithstanding any statement by the Purchaser in its order that its terms and conditions
              shall prevail over these Terms of Sale.
2.3         A contract shall only be or be deemed to have been entered into between the Company
              and the Purchaser for the supply of the Goods when the Purchaser’s order has been
              accepted by the Company in writing.
3.           PAYMENT
3.1         The Purchaser must pay the Company for the Goods in full, by cash, credit card
              payment or direct debit into the Company’s nominated bank account, at the time an
              order is placed, unless credit is extended to the Purchaser by the Company. 
3.2         The extension of credit to the Purchaser by the Company shall be at the sole discretion
              of the Company and, where extended, unless otherwise advised in writing by the
              Company, the Company requires payment by cash, credit card payment or direct debit 
              into the Company’s nominated bank account 24 hours prior to delivery of the Goods to
              the Purchaser.
3.3         Without in any way limiting the Company’s right to require payment in full on the due
              date, the Company may at its sole discretion, charge interest on overdue accounts at 
              the rate of 2.5% above the National Australia Bank’s variable Benchmark lending rate
              as from time to time applicable.
3.4         The Purchaser agrees that the Company shall be entitled to use the services of a credit
              agency from time to time to obtain information concerning the Purchaser (and where the
              Purchaser is a company, its Directors) in order to assess the Purchaser’s credit
3.5         Time specified for payment is of the essence.  This clause 3 is an essential term of    
              these Terms of Sale.
4.           INDEMNITY
Without prejudice to any other rights the Company may have against the Purchaser, and to the extent permitted by law, the Purchaser shall indemnify the Company for, and save it harmless from any loss, damage or expense (including, without limitation, costs, whether or not the subject of a court order) incurred by it should be Purchaser breach any of these Terms of Sale or cancel any order or part thereof for the Goods after acceptance by the Company.
5.           DELIVERY
5.1         Unless agreed in writing the Company shall arrange for delivery of the goods
              (“Delivery”) to the Purchaser’s nominated delivery point.
5.2         The Company is entitled to charge a fee for Delivery.
5.3         The Company is deemed to have delivered the Goods when they are made available for
              unloading at the Purchaser’s nominated delivery point.
5.4         The Purchaser is responsible for unloading the Goods from the Company’s delivery
5.5         If the Goods are to be collected by the Purchaser from the Company’s store Delivery
              occurs when the Goods are loaded on the Purchaser’s vehicle.
5.6         The Company is not liable for any claims for non-fulfillment or late Delivery of Goods or
              for any loss or damage (including consequential loss or damage) suffered by the
              Purchaser arising from delay in Delivery or failure to deliver due to circumstances
              beyond the Company’s reasonable control and the Purchaser shall accept and pay for
              the Goods notwithstanding late Delivery.
5.7         The Purchaser shall in its purchase order advise the Company of the nominated
              delivery point and required delivery time.
5.8         Unless otherwise agreed by the Purchaser and the Company, the Company shall be
              entitled to deliver the Good in one or more lots. Where Delivery of the Goods is affected
              by way of part Delivery the Company shall be entitled to invoice the Purchaser for pro-
              rata progress payments in respect thereof.
5.9         Notwithstanding the Purchaser’s inability to accept Delivery of the Goods, the Company
              shall be deemed to have delivered the Goods in accordance with these Terms of Sale
              and the Goods shall be at the Purchaser’s risk from the time when the Goods have
              been loaded onto the Purchaser’s collecting vehicle or delivered to the Purchaser’s
              nominated delivery point (as the case requires).
              The Company reserves the right to charge the Purchaser for any costs charges or      
              expenses whatsoever that the Company may incur as a result of.
              A    vehicle or wagon detention of the Goods (to the extent the same is not caused or
                    contributed to by the Company).
              B    demurrage on ships as a consequence of any act or omission of the Purchaser.
              C    any special requirements or stipulations of the Purchaser accepted by the Company
                     but not provided for in the Terms of Sale.
              D    any increase in duties, taxes, freight, insurance or other charges or expenses from
                     the date of acceptance of the Purchaser’s order by the Company to the date of
7.           STORAGE
              If the Company notifies the Purchaser that the Goods are ready for Delivery and the
              Purchaser requests the Company to hold the Goods on its behalf, such Goods will be
              held by the Company at the Purchaser’s risk, and the Company shall be entitled to
              charge storage fees in respect of the Goods so stored.
8.           CLAIMS
8.1         The Purchaser shall inspect the Goods immediately upon Delivery and, if the Goods are
              damaged or not otherwise in conformity with the contract relating to their supply, shall 
              give written notice to the Company of the details in respect thereof within seven days of
              the date of Delivery.
8.2         Any Goods the subject of a notice under clause 8.1 shall be left in the state and
              condition in which they were delivered until such time as the Company or its duty
              authorized agent has inspected the Goods, such inspection to be carried out within a
              reasonable time after notification by the Purchaser.  If the Goods are not so left in the
              state and condition in which they were delivered, the Purchaser shall be deemed to
              have accepted the Goods and shall pay the purchase price for the Goods to the
8.3         Acceptance of the Goods shall be deemed for all purposes to have taken place when
              Delivery has occurred.
8A.1       No Goods may be returned by the Purchaser to the Company without prior written
              authorisation from the Company.  This authorisation will only be given where the Goods
              are incorrectly delivered by the Company to the Purchaser or where the Goods are 
              incomplete or defective (other than as a consequence of the acts of the Purchaser or its
8A.2       In order to obtain authorisation under clause 8A.1, the Purchaser must contact the
              Company.  The Goods returned must be accompanied by all appropriate 
              documentation, all applicable packaging and all contents of the Goods as originally 
              supplied by the Company to the Purchaser.
8A.3       The Purchaser must dispatch all incorrectly delivered, incomplete or defective Goods
              for return to the Company;
              (a)                 in the case of incorrectly delivered Goods, within 10 days of delivery of 
              the Product to the Purchaser; or
              (b)                 in the case of defective Goods, within 10 days of the Purchaser 
              becoming aware of the defect.
8A.4       Subject to the Purchaser strictly complying with the provisions of this clause, the
              Company will:
              (a)                 provide a full refund to the Purchaser for incorrectly delivered Goods; and
              (b)                 provide the Purchaser with a credit in respect of defective Product.
              (c)                 arrange for the collection and uplifting of defective goods
8A.5       All Goods returned by the Purchaser must be received by the Company at the address
              noted in this Agreement unless otherwise notified to the Purchaser by the Company.
8A.6       No Goods will be accepted for return by the Company unless agreed in writing by the
              Company prior to such return and then only upon conditions acceptable to the Company
              and at the Purchaser’s entire risk as to loss or damage.  Where the Company agrees to
              accept Goods for return, the Company’s then current restocking charge, as varied from
              time to time, will be charged to the Purchaser and shall be immediately payable.
8A.7       Notwithstanding sub-clauses 8A.1 to 8A.6, the Company may, at its sole discretion,  
              elect in writing to accept returned Goods. The Goods returned must be:
  1. accompanied by all appropriate documentation, all applicable packaging and all contents of the Goods as originally supplied by the Company to the Purchaser;
  2. returned by pre-paid freight within thirty (30) days of Delivery; and
  3. in the original, resalable condition.
The Company reserves the right to charge the Customer 10% of the value of the Product for the Company’s re-stocking fee.     This restocking fee is a genuine pre-estimate of the Company’s loss and expenses from accepting the returned Goods.
9.1         Whilst the risk in the Goods passes on Delivery, legal and equitable title remains with
              the Company until payment in full for all debts accrued or owed to the Company is
9.2         The Purchaser may sell or deal in the ordinary course of business with Goods and with
              the interest of the Company in the Goods and may for the purpose of such sale or 
              dealing part with possession thereof but the proceeds of any sale or dealing with be
              held by the Purchaser on trust for the company.  The Purchaser hereby agrees to
              accept this appointment as bailee and fiduciary.
9.3         Notwithstanding the above, the Company reserves the following rights in relation to the
              Goods until all amounts owed by the Purchaser to the Company are fully paid
              A           legal and equitable ownership of the goods.
              B           to enter the Purchaser’s premises (or the premises of any associated company
                           or agent where the Goods are located) without liability for trespass or any
                           resulting damage and retake possession of the Goods, and
              C           to keep or resell any of the Goods repossessed pursuant to (b) above.
 9.4        In the event that the Goods are resold, or goods manufactured using the Goods are
              sold, by the Purchaser, the Purchaser holds on trust such part of the proceeds of any
              such sale as represents the invoice price of the Goods sold or used in the manufacture
              of the Goods sold in a separate identifiable account as the beneficial property of the
              company and must pay such amount to the company upon request.  Notwithstanding
              the provisions above the Company is entitled to maintain an action against the
              Purchaser for the purchase price of the Goods.
 9.5        Where the Purchaser processes the Goods or incorporates them in or with any other 
              product before property has passed to the purchaser, the new product shall be
              separately stored or marked in a manner which makes such new product readily
              identifiable as the Goods of the Company.
  9.6       If payment for the Goods is not made by the Purchaser by the due date specified by the
              Company to the Purchaser then the Purchaser shall return the goods to the company on
              demand.  If the Purchaser does not return the goods to the Company within 48 hours of
              receipt of the demand, the Company shall be entitled to enter upon the Purchaser’s 
              premises at any time to do all things necessary to recover the Goods.  The Purchaser
              shall be liable for all costs associated with the exercise by the Company of its rights
              under this clause, which shall be repayable on demand.
10.         DEFAULT
              Should the Purchaser fail to make due payment for any Goods supplied by the
              Company or commit a breach of any term of the sale, or being a natural person commit
              an act of bankruptcy, or being a corporation by act or omission enables the appointment
              of an administrator, scheme manager, trustee, official manager, receiver, receiver and
              manager, liquidator or any other person authorized to enter into possession or assume
              control of any property of the Purchaser pursuant or a mortgage or other security, the
              Company may, without prejudice to any other rights it may have, do any or all of the
                A           Withdraw any credit facilities which may have been extended to the Purchaser
                             and require immediate payment of all moneys owing or accrued.
                B           Withhold any further deliveries of Goods or performance of services required 
                             under the accepted purchase order.
                C           In respect of Goods already delivered, enter into the Purchaser’s premises to
                              recover and resell same for its own benefit.
                D           Suspend and/or terminate performance of any other contracts which the 
                             Company has with the Purchaser.
11.         WARRANTIES
11.1       To the extent permitted by law all implied conditions, guarantees, warranties and 
              undertakings are expressly excluded.
11.2       Except as provided in this clause the Company shall not be liable for any loss or 
              damage, whether direct or indirect (including consequential losses or damage) arising
              out of any breach of contract by the Company or any negligence of the Company, its
              employees or agents.
11.3       Should the Company be liable for a breach of a consumer guarantee, condition or
              warranty implied by the Australian Consumer Law (not being a guarantee, condition or
              warranty implied by Sections 51, 52 and 53 of that Law) then its liability for a breach of
              any such guarantee, condition or warranty express or implied shall be limited, at its
              option, to any one or more of the following.
              A           in case of Goods
                           (i)    the replacement of the Goods or the supply of equivalent Goods.
                           (ii)   the repair of the goods,
                           (iii)  the payment of the cost of replacing the Goods or acquiring equivalent
                           (iv)  The payment of the cost of having the Goods repaired.
                            Provided that any such Goods are returned to the Company by the Purchaser
                            at the Purchaser’s expense.
              B            in the case of services
                            (i)    the supply of the services again,
                            (ii)   the payment of the cost of having the services supplies again.
11.4       The Company will not liable for the costs of recovery of the Goods from the field, loss of
              use of the Goods, loss of time, inconvenience, incidental or consequential loss or
              damage, nor for any other loss or damage of her than as stated above, whether ordinary
              or exemplary, caused either directly or indirectly by use of the Goods. 
11.5       The Company warrants that at the time of shipment, Goods manufactured by it will be
              free from defects in material and workmanship.  In the absence of a modified written
              warranty, the Company agrees to making good any such defects by repairing the same
              or at the Company’s option by replacement, for a period of (1) one year from the date of
              shipment.  This limited warranty applies provided that:
              (a)                 defects have arising solely from faulty materials or workmanship;
              (b)                 the Goods have not received maltreatment, inattention or interference;
              (c)                 the Goods have been installed in accordance with the Company’s 
                                    Installation Handbooks using only products supplied by the Company;
              (d)                 accessories used with the Goods are manufactured by or approved by the
                                   Company ;
              (e)                 the Goods are maintained in accordance with Australian Standard 1891.4
                                   (section 9)
              (f)                  you notify any claim under this warranty to SafetyLink in writing to the 
                                   address below no later than 14 days after the event or occurrence
                                   concerning the produce giving rise to the claim and you pay all costs
                                   related to your claim.
              This warranty does not apply to any defects or other malfunctions caused to the Goods
              by accident, neglect, vandalism, misuse, alteration, modification or unusual physical,
              environment or electrical stress.
              Please note that the benefits to the purchaser (as a consumer) given by this warranty
              are in addition to your other rights and remedies under the Australian Consumer Law. 
              Our goods come with guarantees that cannot be excluded under the Australian
              Consumer Law.  You are entitled to a replacement or refund for a major failure and
              compensation for any other reasonably foreseeable loss or damage.  You are also
              entitled to have the goods repaired or replaced if the goods fail to be of acceptable
              quality and the failure does not amount to a major failure.
11.6       If any goods are not manufactured by the Company, the guarantee of the manufacturer
              thereof shall be accepted by the Purchaser as the only express warranty given in
              respect of the goods.
11.7       Except as provided in this clause 11, all express and implied warranties, guarantees and
              conditions under statute or general law as the merchantability, description, quality,
              suitability or fitness of the Goods for any purpose or as to design, assembly, installation,
              materials or workmanship or otherwise are hereby expressly excluded (to the extent to
              which they may be excluded by law).
              The Purchaser agrees that it does not rely on the skill or judgment of the Company in
              relation to the suitability of any of the goods for a particular purpose unless it has
              indicated that purpose in writing to the company and the Company has acknowledged
              in writing that the Goods will be fit for the particular purpose.
13.1       The Purchaser acknowledges that all proprietary information in respect of the Goods
              and all right title and interest therein are the sole property of the Company and the
              Purchaser shall gain no right title or interest in the Proprietary Information whatsoever. 
              The Purchaser specifically acknowledges the Company’s exclusive rights to ownership 
              of any modification, translation or adaptation of the Proprietary information and any
              other improvement or development based thereon which is developed, supplied,
              installed or paid for by or on behalf of the purchaser or any customer of the Purchaser.
13.2       The Purchaser acknowledges that the Proprietary, Information is confidential and
              contains trade secrets and that its disclosure will cause the company to suffer financial
13.3       The Purchaser shall implement all measures necessary to safeguard the Company’s
              ownership and confidentiality of the proprietary information including without limitation.
              (i)           Allowing its employees, agents, and customers access to the Proprietary
                            Information only to the extent necessary to ensure performance of the Goods
                            and to require, as a condition to such access that such persons comply with
                            the provisions of this part of these Terms of Sale.
              (ii)          To co-operate with company in the enforcement of such compliance by the
                            Purchasers employees, agents and customers,
              (iii)         Not to remove any nor permit the removal of any or alteration of any copyright
                            or confidentiality labels placed on the goods by the Company.
              (iv)         Not to disassemble, decompile or reverse engineer any part of the Goods
                            whether software or hardware.
              (v)          Not to or reproduce any part of the Goods whether software or hardware.
              The Purchaser indemnifies, and agrees to keep indemnified the Company against any
              loss, cost, expenses, damages, and harm suffered or incurred by the Company in 
              connection with or arising out of or as a result of the breach by the Purchaser of any of
              the provisions of this clause.
14.         DEFINITION
              For the purposes of this clause “Proprietary Information” means any and all 
              information relating to the goods or the installation thereof including designs, drawing, 
              instruction booklets, specifications, circuit drawings, componentry, trade marks and 
              patents an any and all proprietary information, intellectual property and copyright in 
              such proprietary information.
             Should any sales tax, Goods and Services Tax as levied under the A New Tax System
             (Goods & Services Tax) Act 1999 (as amended) and any other tax, fee, levy or duty
             imposed by any competent authority he payable on any of the Goods supplied by the
             Company, such tax, fee, levy or duty will be to the Purchaser’s account and shall be
             calculated using the rates and methods of assessment in force at the time of Delivery. 
             The Purchaser is liable of any other applicable tax, including, without limitation
             withholding tax.
16.        DISPUTES
16.1      Any disputes between the parties arising from the performance of the provisions of these
             Terms of Sale must be settled through Friendly consultation by the Parties.  All disputes
             arising in respect of these Terms of Sale which are not resolved within thirty (30) days of
             first arising will be finally settled under the Rules of Conciliation and  Arbitration of the 
             International Chamber of Commerce by a single arbitrator appointed in accordance with
             the said Rules.  The place of arbitration will be the Sate from which the goods are sold
             by the Company (‘the Sate”).  The procedural law applicable to the arbitration will be that
             of the State.  The decision of the arbitration is final and binding upon both parties.
 16.2     During the period in which the dispute is being resolved, the parties must continue to
             perform all of the provisions of these Terms of Sale which are not under dispute and
             which are able to be performed by the parties.
17.        FORCE MAJEURE
             The Company shall not be liable for any claims of non-fulfillment or late Delivery should
             actual Delivery of the Goods or any parts be delayed in consequence of unforeseen
             events such as strikes, unforeseen breakdown of machinery (save where caused by
             improper maintenance or operation by untrained personnel), suspension of electricity or
             other relevant power supply, riots, war, robber, civil commotion, adverse non foreseeable
             weather conditions, disaster caused by fire and/or water, action of government or port
             authority, delay of vessel, rail-road embargoes, inability to obtain transportation facilities
             or due to a failure of an original equipment manufacturer to supply components by the
             due date.
             These Terms of Sale contain the entire agreement between the parties hereto on the 
             subject matter of this agreement. Any variation or modification of these Terms of Sale
             must be in writing.
18.1      The company reserves the right to review and amend its terms of sale from time to time. 
             Written notification forwarded to the Purchaser by ordinary mail shall be deemed 
             sufficient notification to bind the Purchaser to any revised or amended terms of sale for
             all orders place by the Purchaser and accepted by the Company after receipt of such
19.        SEVERANCE
             If any provision of the Contract is deemed to be unlawful or unenforceable, such 
             provision shall be severed from the Contract and all other provisions shall remain in
20.        NON WAIVER
             The failure of any party to enforce the provisions of this Contract or to exercise
             provisions or rights and shall not affect the enforcement of this Contract or preclude or
             prejudice such party from exercising the same or any other rights it may have.        
             The parties agree that this Contract shall be governed by the Laws of New South Wales
             and submit to the exclusive jurisdiction of the Courts of New South Wales.


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