SatellitePhoneSales.com.au

Terms & Conditions

TERMS AND CONDITIONS OF PURCHASING FROM SATELLITE PHONE SALES                         

Customer hereby purchasing from Satellite Phone Sales the equipment listed ("Equipment") upon the following terms and conditions at the applicable rate as displayed on the Satellite Phone Sales Website.

1.             PURCHASING:  Customer shall pay the Purchase fee set forth in this catalogue to Satellite Phone Sales by instalments in advance with the first instalment due upon the date of delivery of the Equipment to the Customer.   In the event that Equipment is not returned by the prescribed date & time utilised in clause 1 then a further periodical fee shall become due and payable and such shall continue to accrue daily until the Equipment is returned.  In the event that Equipment is returned prior to the prescribed date and time then Satellite Phone Sales may give a rebate on the rental but is not obliged to do so.  No claim shall be made for maintenance if Satellite Phone Sales determines not to give a rebate.

2.             OTHER CHARGES:  Customer shall be responsible for reimbursement to Satellite Phone Sales of any Stamp Duty of like duties or levies applicable by virtue of this transaction and shall reimburse Satellite Phone Sales for any Stamp Duty payable by Satellite Phone Sales in respect of the rental of the Equipment.

3.             DELIVERY AND RETURN OF EQUIPMENT:  Delivery of Equipment to customer shall take place at such of the premises of Satellite Phone Sales as set forth in this catalogue as appropriate and return of Equipment by customer shall take place at the same premises of Satellite Phone Sales from which the Equipment is supplied.  Shipment of Equipment when required by customer may be effected if approved by Satellite Phone Sales to an address specified by customer and at the expense and risk of customer.  Customer agrees to not ship Equipment by post. Please be aware we are open Monday to Friday 9am - 5pm and all pickups and returns need to be made during this time. Any returns due back outside these hours will incur a daily rental until return is made during normal business hours.

4.             CUSTOMER'S COVENANTS:  Customer agrees with Satellite Phone Sales that:

a)  The Equipment shall remain the property of Satellite Phone Sales;

b)  The Customer shall no sell, charge, pledge or part with possession of Equipment;

c)  The Customer shall use Equipment in a careful and proper manner and not interfere or tamper with or let anyone else do so;

d)  The Customer shall notify Satellite Phone Sales immediately if any judgement or order is levied against customer or property of Customer or if a petition is presented for the liquidation of the Customer or a Receiver is appointed or a scheme of arrangement is proposed;

e)  The Customer shall permit Satellite Phone Sales its agents or servants to enter the premises where Equipment is located at all reasonable times in order to inspect Equipment or carry out repairs to Equipment.

5.             WARRANTY:  Satellite Phone Sales warrants that each item of Equipment hired is of merchantable quality and reasonably fit for the purpose for which it was designed.  Customer acknowledges that it has not relied upon any statement by Satellite Phone Sales in respect of Customer's purpose for utilisation of Equipment and that Satellite Phone Sales is not responsible or liable for the failure of Equipment to perform the purposes required by the Customer.

6.             MAINTENANCE:  Satellite Phone Sales shall at its expense provide routine maintenance and recalibration for Equipment and shall use its best endeavours to expeditiously repair or replace Equipment which becomes defective during the rental period through no fault of the Customer.  In the event that the equipment does not operate properly Customer shall notify Satellite Phone Sales and request instructions before taking remedial action. Satellite Phone Sales may at its option and for such length of time as it deems expedient replace Equipment with another of such type or model as shall for the time being be available and Equipment so substituted shall be subject to these conditions.

7.             EARLY CESSATION:  Notwithstanding the rental period Satellite Phone Sales expressly reserves to itself the right of early cessation which may be exercised on demand and at the absolute discretion of Satellite Phone Sales.  In the event that Satellite Phone Sales so demands Customer shall forthwith return Equipment to Satellite Phone Sales.  The applicable rental shall be adjusted and payable on a pro rata basis.  For the purpose of pro rating a week shall be of seven days and a month shall be of 30 days.

8.             SAFEKEEPING:  Customer is responsible for the safekeeping of the Equipment and shall bear the risk of any loss, theft, damage or destruction of Equipment and in the event of Customer negligence, misuse or abuse Customer shall bear cost of any such repair or recalibration including any freight charges there occasioned.  Customer shall forthwith pay to Satellite Phone Sales the new replacement cost as assessed by Satellite Phone Sales of the Equipment which is lost, stolen, destroyed or damaged beyond repair.  Customer shall pay to Satellite Phone Sales a reasonable calibration and refurbishing fee in the event that ownership labels, calibration seals or anti-tamper notices affixed to Equipment are removed or defaced.  Any item of non-expendable materials (Including operations manuals) not returned to Satellite Phone Sales upon cessation of the rental period shall be charged to the account of the Customer at full replacement cost or $50 which ever shall be the greater amount.

9.           CUSTOMERS DEFAULT:  At any time after the expiration of the rental period or in the event that Customer is in default pursuant to the provisions of the Agreement, Equipment shall forthwith upon request being made by Satellite Phone Sales be delivered up by Customer to Satellite Phone Sales and the rental period shall upon delivery of the Equipment to Satellite Phone Sales pursuant to the provisions of this Agreement be terminated but without prejudice to the right of Satellite Phone Sales to require from Customer immediate payment of such monies as may be or become owing to Satellite Phone Sales by Customer.

10.           SEPARATE ITEMS OF EQUIPMENT:  Where more than one item of equipment is supplied under this Agreement in interpreting this Agreement the singular shall be read as the plural where appropriate and the rental shall be apportioned to each item of Equipment as set forth and the conditions herein set forth shall apply separately to each individual item of Equipment as though each item of Equipment were subject to a separate Agreement.

11.           LIABILITY:  In the event that the Equipment does not function as warranted or in the event of any breach by Satellite Phone Sales the Agreement then to the extent permitted by law Satellite Phone Sales' liability (if any) shall be restricted to the amount of the rental for the duration of the rental period which the breach occurs and Satellite Phone Sales shall not be liable for any item of so called consequential loss.

12.           SUNDRY:  The conditions herein before set forth constitute the entire Agreement between Satellite Phone Sales and Customer with respect to Equipment and shall not be amended except in writing signed by both parties and Customer does acknowledge and agree that all other (if any) warranties or suitability of the Equipment for any particular use of purpose whether implied or statutory hereby excluded.

13.           PROPERTY:  In the event that the Customer seeks to purchase the Equipment and Satellite Phone Sales agrees to sell the Equipment the property herein shall not pass until and unless all payments by way of rental and by way of purchase price have been received by Satellite Phone Sales and the payments shall be applied first in reduction of rental and second on account of the purchase price.

14.           INTELLECTUAL PROPERTY RIGHTS:  All rights pertaining to industrial or intellectual property including but not limited copyrights patents and trade marks are expressly reserved.  Customer shall not authorise any copying or breach of rights.  All copies or articles made in breach of rights shall be destroyed or surrendered to the owner of the rights.

15.           Insurance: Insurance is not offered on this handset. This falls in the responsibility of the customer to negotiate the availability of insurance with their insurance provider. The Customer assumes all risk whilst phone is in transit.

16.           IN RESPECT TO DAMAGE OR LOSS OF EQUIPMENT, THE RENTAL SHALL CONTINUE UNTIL THE ITEMS HAS BEEN REPAIRED BY Satellite Phone Sales, OR REPLACEMENT COST HAS BEEN PAID BY THE CUSTOMER. I HAVE READ THESE CONDITIONS, AND AGREE TO ABIDE BY THEM. IF THE EQUIPMENT RENTAL SHALL FALL INTO ARREARS THROUGH DEFAULT OF CHEQUES OR NON PAYMENT, THE PROPRIETOR OF Satellite Phone Sales OR HIS AGENT SHALL ENTER ANY PLACE WHERE THE EQUIPMENT IS LOCATED TO RECOVER THE SAID PROPERTY.   

17.           USAGE: The customer agrees to pay all applicable charges for the usage of the equipment at the applicable rental rate as specified on the Satellite Phone Sales website.