Terms and Conditions - Protection for ChronoLogic and Our Customers
Terms & Conditions for Quotation, Sale and Repair
ChronoLogic Pty Ltd ("ChronoLogic") and the customer (the “Purchaser”), agree that quotation, sale and repair of ChronoLogic hardware, software and services are made under these Terms and Conditions and ChronoLogic will not be bound by the Purchaser's additional or different terms, whether express or implied. By placing a Sales/Purchase Order with ChronoLogic the Purchaser expressly acknowledges acceptance of these Terms and Conditions. This Agreement cannot be assigned to another party but can be modified by mutual agreement to comply with applicable Government Statute if necessary.
1. GENERAL
These conditions are in place of and exclude all other warranties and conditions except those that are expressly implied by statute, and in particular the Purchaser acknowledges that he has relied solely upon his own inspection and skill and judgement and not by reason of any representation by ChronoLogic.
ChronoLogic's Order Acknowledgement/Invoice will constitute the basis of the agreement.
ChronoLogic reserves the right to correct any accidental error or omission, or quotation or invoice, without prior notice.
2. PRICES
All prices are net unless otherwise stated. The Purchaser is responsible for freight,insurance premiums, customs duties, taxes, primage and other costs. All such taxes and charges shall be paid by the Purchaser and may be added to the price by ChronoLogic if required by relevant Government Law, or requested by the Purchaser.
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3. TERMS OF PAYMENT/RETENTION OF TITLE
Terms of Payment may be varied at the discretion of ChronoLogic and will be outlined on the ChronoLogic website, quotation or Order Acknowledgement/Invoice. The property in the goods shall not pass to the Purchaser until the goods are paid for in full. ChronoLogic reserves the right to suspend deliveries and/or cancel contracts and/or apply a service fee at the rate of 2.5% per month on all outstanding monies from the due date and/or void warranty.
4. AVAILABILITY OF GOODS
ChronoLogic does not accept orders under penalty for late delivery, shall have no liability direct or indirect for delay in delivery, and the delivery time for goods quoted on an indent basis is an estimate only.
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5. ACCEPTANCE OF GOODS
The Purchaser shall inspect the goods on arrival and shall within 7 days give notice in writing to ChronoLogic of any specific matter that is not considered to be in accordance with the contract.
6. RISK, DISPATCH, INSTALLATION
The point of delivery of the goods shall be at ChronoLogic’s premises. Goods delivered elsewhere shall be at the Purchaser’s risk from dispatch to such premises and the Purchaser shall specify in writing on their official order if insurance is to be taken out on their behalf and at their cost. All equipment shall be installed and commissioned by and at the expense of the Purchaser.
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7. LITERATURE
Illustrative and descriptive literature supplied by ChronoLogic to the Purchaser represents generally, but not necessarily specifically, the goods specified therein.
8. CANCELLATION
The Purchaser may only cancel an Order upon ChronoLogic’s consent in writing and with payment to ChronoLogic of a reasonable cancellation fee if deemed necessary. Filing a petition of bankruptcy or commencement of any legal action for insolvency, or creditor’s petition for winding-up of the Purchaser’s company shall be deemed a cancellation by the Purchaser.
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9. RETURN OF GOODS
Returns may only be made with express consent of ChronoLogic and may not be accepted after 7 days from the date of ChronoLogic’s invoice. Freight costs on goods being forwarded to ChronoLogic will be borne by the Purchaser and a restocking fee may be charged.
(a) Packaging: Where goods were originally supplied in special Principal’s carton, any return shall be made in that original carton and the goods shall be in their original and unmarked condition complete with any instruction sheets supplied.
(b) Goods not returnable;
- Any goods specially made, including items cut to length
- Any goods made, or purchased to a firm and irrevocable order.
- Any goods altered or damaged by the Purchaser
- Any goods having an invoice value of ten dollars or less
- Any goods especially indented and which are not normal stock lines.
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10. WARRANTIES
This warranty does not cover the repair of any fault or replacement of any defective part resulting from an unforseen act, or the negligence or malpractice of the Purchaser or his servants. Unless stated to the contrary in writing, products are warranted for a period of one year from dispatch provided that no alteration or additions are made or repairs undertaken except by ChronoLogic or ChronoLogic’s authorised representatives. Warranty is likewise extended to repairs carried out by ChronoLogic but is limited to three months and is applicable to the repair work done and not to any subsequent failure of unrelated parts and or software.
11. WAIVERS
Failure by ChronoLogic to insist upon strict performance by the Purchaser of any terms or conditions contained herein shall not be taken to be a waiver thereof or of any rights of ChronoLogic in relation thereto and in any event shall not be taken to be a waiver of the same terms and conditions on any subsequent occasion.
Each and every delivery will be deemed to be sold under a separate contract and will be subject to these Terms & Conditions.
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12. LAWS
The contract constituted by the acceptance by ChronoLogic of the Purchaser’s order or by the Purchaser’s acceptance of ChronoLogic’s tender/quotation shall be construed to be in accordance with the laws of the State of South Australia.
13. LIENS
In addition to any lien to which ChronoLogic may be entitled by statute or common law, ChronoLogic shall, in the event of the Purchaser’s insolvency, bankruptcy or winding up, be thereupon entitled to a general lien on all property whatsoever owned by the Purchaser but in ChronoLogic’s possession at the time, such lien to cover the unpaid price of any product sold by ChronoLogic to the Purchaser.
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14. INJURY AND DAMAGE
The Purchaser shall indemnify ChronoLogic against all claims whether made under any contract or statute or under common law in respect to any loss or damage to any property whatsoever, or injury to any person whatsoever arising out of any defect in material or workmanship in connection with any goods manufactured and/or sold by ChronoLogic or any default or negligence on the part of ChronoLogic’s personnel in connection with or during the carrying out of any work by ChronoLogic or the Purchaser’s or any other persons property.
15. PROPRIETARY INTELLECTUAL PROPERTY
By using ChronoLogic product and associated software the Purchaser agrees to abide by prevailing international and domestic: Law, convention, and treaties, regarding proprietary intellectual property (IP) including but not limited to; copyright, trademarks, patented technology, trade secrets, and know-how. This Contract does not assign any IP of ChronoLogic. The Purchaser may only use the IP provided with or incorporated into the product for the sole purpose of using the product. The Purchaser is expressly not to use the ChronoLogic IP for any other purpose, including but not limited to, reverse engineering and design of non-ChronoLogic product, irrespective of market application.
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Terms & Conditions for Use of ChronoLogic Website
Please read these Terms and Conditions that cover your use of the ChronoLogic Website. If you do not accept these Terms and Conditions you should not use the Website.
1. Proprietary Intellectual Property
By using this ChronoLogic website I agree to abide by prevailing international, and domestic, Law, convention and treaties regarding proprietary intellectual property including, but not limited to; copyright, trademarks, patents and know-how.
2. Disclaimer
I acknowledge that ChronoLogic does not make any warranty, express or implied, with respect to any material available through its website, as to the non-infringement of 3rd party intellectual property, or the merchantability and fitness for purpose of its products and services.
3. Free and Unencumbered Right to Use
I agree to do nothing to the ChronoLogic website that would affect the site or the free and encumbered enjoyment of the site by other visitors to the site.
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Standard ChronoLogic Competition and Survey (C&S) Terms & Conditions
ChronoLogic Pty Ltd of 227 Gouger Street, Adelaide, Australia, 5000 is the promoter of the competition or survey (“Promoter”).
These standard terms and conditions (“C/S Terms And Conditions”) will apply to all of the Promoter’s competitions and surveys unless otherwise stated and by entering a Promoters competition or completing a Promoters survey Entrants agree to be bound by these Terms And Conditions.
Depending on the nature of the competition or survey, it may be necessary to have additional terms and conditions (“Additional Terms And Conditions”), which will take priority over these Terms and Conditions. The Promoter shall notify the Entrants of any Additional Terms And Conditions that may apply to a competition or Survey.
Entrants may enter the competition or survey by following the directions given in respect of each competition or Survey.
- Closing Date: The closing date shall be the date and/or time given in the instructions for the competition or survey and also apply to competitions running for several designated time periods (e.g. monthly). The competition will also close when it no longer appears on the Promoters official website. Unless otherwise stated, entries must be received by the Promoter on the closing date by the following times:
- Midnight for entries by email and/or online, or Facsimile (Fax)
- Competitions are open globally, unless excluded by statute, and excluding employees of the Promoter, relatives of employees of the Promoter or of its respective parent, subsidiary or affiliated companies, its agents or any other person connected to the competition or survey.
- Age Restrictions: Unless otherwise stated in the Additional Terms and Conditions, the following age restrictions will apply to the competitions and surveys promoted by the Promoter:
- All entrants must be 21 years of age and be considered to be of fit and proper mind.
- Entrants are allowed one entry per competition or survey, or designated time period for competitions running for several designated time periods (e.g. Monthly).
- Entrants must provide the details requested by the Promoter, which may include entrant’s name, date of birth, age, address (including postcode), telephone number and/or email address.
- The Promoter will only ship to a Street address; it will not ship to Post Office Box or alike addresses.
For skills based competitions or surveys, such as designing or commenting on a design the winner will have successfully completed the required skills based task and will be the person whom the Promoter judges deem to have performed such task the best from all the entries received. The Promoter’s decision is final.
- The judge's decision is final. No correspondence will be entered into.
- The Promoter reserves the right to not select a winner when entries are deemed to have fallen below an acceptable standard as determined by the Promoter.
- The Promoter reserves the right to select an alternative winner and award the prize to another Entrant In the event that :
- The Promoter has reasonable grounds for believing that an Entrant has contravened any term or condition of entry;
- The Promoter is unable to contact the winner within a week of the closing date/time in respect of competitions or surveys.
- The winner does not wish to receive the prize; or
- The Promoter does not receive confirmation of the winner’s shipping address within 14 days.
- Winners will generally be notified either by email, telephone or post within 7 days of the closing date.
- Subject to confirmation by Promoter of the winner’s shipping address the winner will generally receive the prize within six to eight weeks from the closing date.
- No responsibility can be accepted for entries lost, delayed, misdirected, damaged or undelivered. Incomplete, inaudible and/or illegible entries will be disqualified. The Promoter shall not be responsible for technical errors in telecommunications networks, internet access or otherwise preventing entry to any competition.
- Prizes are as stated and are non-transferable. No cash alternatives will be offered. If due to circumstances beyond the Promoter's control, the Promoter is unable to provide the stated prize(s), the Promoter reserves the right to award a substitute prize(s). Prizes are subject to the additional terms and conditions of the manufacturer or supplier.
- Where prizes comprise a Promoter "Credit Note" the Credit Note and quantum applying will be recorded in the Promoters Database. Only one such Credit note can be applied per product purchase and purchase value must exceed US Dollar $1000.
- The Credit Note will be valid for a period 18 months from the date of recording it against the Entrant in the Promoters Database.
- Where prizes include trips, travel will take place in accordance with the dates and any restrictions specified and unless otherwise stated must be taken within twelve months of the competition closing date, subject to availability and excluding public holidays. Unless informed otherwise, winners are advised to obtain their own travel insurance and must hold a valid passport.
- The Promoter shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the winner (and/or any guests) under these Terms And Conditions if such delay or failure is caused by circumstances beyond its reasonable control including without limitation delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation, war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes arising without limitation out of or in connection with:
- The activities of third party event organisers;
- Any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars); and/or
- By third parties providing accommodation included in the prize.
For the avoidance of doubt, the winner shall be solely liable for any additional costs incurred as a result.
- The Promoter shall not be liable to the winner for any loss or damage howsoever caused (whether in contract, tort or statutory duty or otherwise) arising out of or in connection with the competition and/or prize other than that covered by statute or common law.
In consideration of the entrants’ participation in the Promoter’s competition or survey each entrant irrevocably agrees and consents to the Promoter, its successors, assignees and licensees, to:
- Allow details of the entry to be publicised including the entrants first name and second name and institution or employer (if relevant and by mutual consent) in the Promoter’s sole discretion and the entrant accepts that Promoter is under no obligation to use such details.
- The exploitation of the entry in whole or in part, (including the entrant’s first name) by any and all means and in all media and formats whether known or hereafter devised throughout the world in perpetuity including without limitation cable and satellite television and websites;
- Waive and release the Promoter from any claim, action or demand arising out of or in connection with any such exploitation of the entry.
- By entering the competition or survey, entrants acknowledge that they may be required to be used in publicity without further consent or payment. Such publicity may include without limitation the entrant’s first name and/or likeness, voice, photographs and/or video footage of the entrant, biographical information provided by the entrants/winner and/or any statement made by them concerning the competition and/or the survey and/or the prize. Entrants agree that such elements may be used by the Promoter in any and all media in perpetuity throughout the world as the Promoter in its sole discretion sees fit.
- Any personal information collected by the Promoter in connection with a competition will be used in accordance with the Promoter’s Privacy Policy which can be viewed at http://www.chronologic.com.au/privacy.html or which can be obtained by writing to the Promoter either by email at info@chronologic.com.au, or by post to the Promoter’s address marked for the attention of The Data Protection Officer. If entrants don’t want the Promoter to use their information in this way, entrants can tell the Promoter when entering the competition or at any time by writing to the Promoter as set out above.
- These Terms And Conditions shall be governed by and construed in accordance with the laws of South Australia and the courts of South Australia shall have exclusive jurisdiction in relation to any disputes arising there from.
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