Unit 5, 24-28 River Road West, Parramatta NSW 2150, Ph: +61 2 8837 9333, Fax: +61 2 9891 6725
HONEYWELL LIMITED (ACN 000 646 882) TERMS AND CONDITIONS OF SALE
The following terms and conditions apply where Honeywell Limited ("Honeywell") supplies goods or services to a customer ("Customer"). 1.
Definitions
For the purpose of these Conditions and unless the context otherwise requires: “Conditions” means these Terms and Conditions of Sale “Contract” means the contract formed in accordance with clause 2.1, consisting of Honeywell's proposal (if any), the relevant invoice and these Conditions. "Equipment" means goods manufactured by Honeywell, its affiliates or Non Honeywell. “Errors" means the failure of Goods to perform a function as described in the proposal, the functional specification for those Goods, the appropriate user manual or product literature as the case may be. "Goods" means Equipment or Software. “GST” means the tax imposed by the A New Tax System (Goods & Services) Act 1999 (Cth) and related imposition Acts of the Commonwealth. "Loss or Damage" includes all types of property, pecuniary or other loss or damage, including consequential loss or damage and loss of profits. "Non-Honeywell Goods or Services" means equipment, documentation, product literature, labour, knowledge, and service or computer programs in machine readable form that is supplied, manufactured, installed or provided by a person other than Honeywell. "Services" means labour or service. "Software" means computer programs in the form of machine readable instructions and any documentation or product literature relating to those computer programs. "System" may include equipment and software and Goods or Services.
2. Contract Formation 2.1 Subject to clause 2.3, a binding agreement will form between the parties: (a) If these Conditions form part of a proposal to Customer, on receipt by Honeywell of Customer's unconditional acceptance of the proposal, evidenced by Customer's purchase order referencing the proposal; or (b) Otherwise, on Honeywell's written acceptance of Customer's purchase order; and the Contract will constitute the entire contract between the parties in connection with the sale of Goods and Services; 2.2
Any proposal incorporating these Conditions:
(a) Will not be valid after 30 days of its date, unless otherwise agreed by Honeywell; and (b) May be varied or withdrawn by Honeywell at any time prior to unconditional acceptance by Customer. 2.3 No modifications or variation of the Contract (including any statement by Customer that Customer's terms will apply) shall bind Honeywell unless expressly agreed to in writing by an authorised representative of Honeywell.
2.4 These Conditions will prevail in relation to the supply of Goods and Services to the extent of any inconsistency between these Conditions and any other documentation agreed by Honeywell under clause 2.3.
3. Express Warranty 3.1 a. General
Subject to the terms and conditions of this Limited Warranty and except as provided in Section 1(b), Seller warrants its products to be free from defects in materials and workmanship under normal use and service, normal wear and tear excepted, for three (3) years from the manufacture date code; provided, however, that in the event the Buyer presents a proper invoice relating to the purchased product and such invoice bears a date later than the manufacture date, then Seller may at its discretion, reflect the warranty period as commencing at invoice date. Except as required by law, this Limited Warranty is only made to Buyer and may not be transferred to any third party. Seller shall have no obligation under this Limited Warranty or otherwise if:
(i) The product is improperly installed, applied or maintained;
(ii) Installed outside of stated operating parameters, altered or improperly serviced or repaired by anyone other than the Seller/Seller's Authorized Service/Repair Center; (iii) Damage is caused by outside natural occurrences, such as lightning, power surges, fire, floods, acts of nature, or the like. In addition, this Limited Warranty shall not apply to: (Iv) Defects resulting from unauthorized modification, misuse, vandalism, alterations of serial numbers, other causes unrelated to defective materials or workmanship, or failures related to batteries of any type used in connection with the products sold hereunder. Non-Seller branded products are warranted by the third party manufacturer for a period as defined by the third party manufacturer. Seller assigns to the Buyer those warranties and only those warranties extended by such third party manufacturers or vendors for non-Seller branded products. Seller does not itself warrant any non-Seller branded product and sells only on an as is basis.
3.2. Exceptions to Warranty With Respect to Certain Honeywell Products VCRs Seller warrants parts and labor, including video heads, on Video Cassette Recorders in accordance with the terms of the above limited warranty for a period of one (1) year from the date of manufacture (or invoice as described above). This warranty excludes cosmetic parts, knobs, cabinets and routine maintenance as specified in the product manual.
MONITORS, CRTs Seller warrants parts and labor for monitors in accordance with the terms of the above limited warranty for a period of three (3) years from the date of manufacture. Seller warrants parts and labor for CRTs in accordance with the above limited warranty for a period of one (1) year from the date of manufacture (or invoice as described above). CRTs are not covered for tube burn-in and all defects related to tube burn-in void and nullify the CRT warranty.
INFRARED ILLUMINATORS Seller warrants parts and labor for Infrared Illuminators (IRs) in accordance with the terms of the above limited warranty for a period of three (3) years from the date of manufacturer. IR Halogen lamps (bulbs) are warranted for ninety (90) days from the date of manufacture (or invoice as described above).
PAN TILT ZOOM -DOMES Seller warrants parts and labor for PTZ Domes, in accordance with the terms of the above limited warranty for a period of two (2) years from the date of manufacture (or invoice as described above).
KEYBOARDS, CONTROLLERS AND ACCESSORIES Seller warrants parts and labor for keyboards, controllers and accessories in accordance with the terms of the above limited warranty for a period of one (1) year from the date of manufacture (or invoice as described above).
SOFTWARE To the extent that any product includes software, whether it is included in a product furnished hereunder or provided separately, Seller warrants that such Software will at the time of delivery by Seller, conform in all material respects to Seller's documentation relating to such Software.
CARD READERS Seller warrants in accordance with the terms of the above limited warranty for a period of a limited Lifetime Warranty from the date of manufacture (or invoice as described above) and improper use and installation as per manufacturers recommendations.
CONTROL PANELS Seller warrants parts and labor for control units in accordance with the terms of the above limited warranty for a period of one (1) year from the date of manufacture. Seller warrants parts and labor for control panel enclosures in accordance with the above limited warranty for a period of one (1) year from the date of manufacture (or invoice as described above). Control panels are not covered for improper installation and improper use out side the user guides provided.
LOCKS Seller warrants parts and labor for locks in accordance with the terms of the above limited warranty for a period of one (1) year from the date of manufacturer. This includes all associated hardware required for the operation of the lock.
POWER SUPPLIES Seller warrants parts and labor for Power Supply Products in accordance with the terms of the above limited warranty for a period of one (1) years from the date of manufacture.
WIRELESS TRANSMITTERS AND ALL OTHER HONEYWELL LABELLED SECURIITY PRODUCSTS Seller warrants parts and labor for Wireless transmitters in accordance with the terms of the above limited warranty for a period of two (2) years from the date of manufacture. MOTION SENSORS Seller warrants parts and labor for Motion Sensors in accordance with the terms of the above limited warranty for a period of five (5) years from the date of manufacture. OPTEX INDOOR MOTION SENSORS Seller warrants parts and labor for Motion Sensors in accordance with the terms of the above limited warranty for a period of five (5) years from the date of manufacture. OUTDOOR MOTION SENSORS Seller warrants parts and labor for Motion Sensors in accordance with the terms of the above limited warranty for a period of one (1) years from the date of manufacture.
SOFTWARE To the extent that any product includes software, whether it is included in a product furnished hereunder or provided Separately, Seller warrants that such Software will at the time of delivery by Seller, conform in all material respects to Seller's documentation relating to such Software.
3.3 In the case of Goods not manufactured by Honeywell, Product warranties, if any, are provided by the manufacturer or publisher of those Products. Honeywell makes no warranties whatsoever for goods not manufactured by Honeywell. Honeywell's sole obligation (and Customer's sole remedy) in the event of breach of any warranty shall be the repair or replacement of defective Products. The period for which this obligation exists shall be determined by the manufacturer or publisher, not by Honeywell. It is Customers' responsibility to obtain information from manufacturer regarding these obligations
3.4 4.
To the full extent permitted by law, Honeywell does not make any representations or give any warranty as to the overall performance of any System or the results of any process with which the Goods or Services are used or integrated.
Limitation of Liability 4.1 To the full extent permitted by law and subject to clauses 3.1 and 4.2: (a) Honeywell makes no warranty other than express warranties set out in these conditions and any Honeywell Product Warranty provided by Honeywell to Customer and will not be liable for any breach of statutory obligation or implied condition or warranty in respect of Goods and Services or the materials used, Systems or results of any process with which the Goods and Services are used or integrated;
(b) Except as set out in these conditions Honeywell shall under no circumstances be liable in any way whatsoever to Customer for any Loss or Damage sustained or incurred by Customer or any other party arising directly or indirectly out of the supply of Goods or Services by Honeywell, the use or performance of Goods or Services in isolation or as part of a System, any breach by Honeywell of the Contract, or negligence of Honeywell.Honeywell's liability to the Customer, if any, in contract, tort or otherwise will be reduced to the extent the Customer contributed to the Loss or Damage.
(c) The express warranty in clause 3.1 and any Honeywell Product Warranty provided by Honeywell to Customer is in substitution for all other terms, conditions, warranties and representations, implied by statute or otherwise and all other terms, conditions, warranties and representations are excluded.
4.2 4.3
Where the Trade Practices Act or equivalent State legislation implies warranties in respect of Goods or Services, or gives rights to the Customer to seek indemnity from Honeywell for claims made under implied warranties by persons acquiring Goods from Customer, and the Goods or Services are of a kind not ordinarily acquired for personal, domestic or household use or consumption then the Customer's remedies shall be limited to those set out in clause 3.1.
This clause 4 will survive termination or completion of the Contract.
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