Terms and Conditions

Please read the following terms of use and disclaimer carefully before using this web site Fire Systems Products. By using this Site, you agree to the following terms of use. If you do not agree to these terms, you may not use this Site. Fire Systems Products reserves the right, at any time, to modify, alter, or update these Terms of Use. By accepting our terms of use, you agree to be bound by such modifications, alterations, or updates.

 General

The information contained in this Site, including but not limited to the rules that govern the use of the Site, is subject to change without notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules as changed.

 Copyright

All Web site design, text, graphics, and the selection and arrangement thereof are Copyright 2013 by Fire Systems Products, All rights reserved., or in the case of product material, all text and graphics are Copyright by the original owner. ALL RIGHTS RESERVED. Permission is granted to copy electronically and to print in hard copy portions of this Web site for the sole purpose of using this Web site as an information resource (or of ordering goods or services and using this site as a shopping resource). Any other use of materials on this Web site—including reproduction for purposes other than noted above, modification, distribution, or reproduction—without the prior written permission of Fire Systems Products is strictly prohibited.

 Trademarks

The Fire Systems Products Web site and Fire Systems Products logo are service marks of Fire Systems Products. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

 Order Acceptance

Verification of information may be required prior to the acceptance of any order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and Fire Systems Products reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted and payment has been made).

 Cancellation of Orders

The customer may not alter or cancel a purchase order without the supplier’s prior written consent. If the supplier agrees to alter or cancel the purchase order, the customer will indemnify the supplier against any loss, damage and expense incurred by the supplier in relation to the alteration or cancellation of that purchase order, including the cost of return freight, return shipping to factory of origin, items purchased from third parties for inclusion in the goods and all labour and engineering costs incurred by the supplier in the execution or part execution of the goods and including compensation payable to any of the supplier’s supplier’s and loss of profit.

 Links to Other Web Sites

Fire Systems Products makes no claim or representation, and accepts no responsibility, regarding the quality, nature, or reliability of the sites accessible by hyperlinks from this Site, or Web sites linking to this Site.

 Warranties and Disclaimers

Fire Systems Products intends for the information and data contained in the Site to be accurate and reliable, however, since the information and data have been compiled from a variety of sources, it is provided "as is." You expressly agree that your use of this site is at your sole risk. Fire Systems Products expressly disclaims all warranties and/or conditions, express or implied, as to any matter whatsoever relating to or referenced by this site, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non-infringement.

 Resolutions

Fire Systems Products intends for all resolutions a fair and viable outcome taking into account ALL factors relevant to all parties (manufacturer, distributor, agents, Fire Systems Products, employees and customer). Fire Systems Products expressly reserves the right to finalise its decision in the resolution of the matter. Use of this site constitutes acceptance of this resolution.

 ABN And ACN Details:  

ABN 41 162 988 614

ACN 162 988 614

 Limitation of Liability for Goods

To the extent permitted by law, the supplier makes no warranties or representations to the customer.

The supplier warrants the goods to be free from defects in workmanship and materials under normal use and service for a period of 1 calendar year from the delivery (Warranty Period). This warranty does not cover costs of recovery of the goods from the site or damage, fault, failure or malfunction due to external causes including accident, abuse, misuse, mechanical or electrical overload, abrasion, corrosion, incorrect installation, failure to perform required preventative maintenance or normal wear and tear.

During the warranty period, to the extent permitted by law, the customers sole remedy with respect to breach of warranties set out in the clause immediately above will be to repair or replace (as the supplier may elect) any such defective goods at the supplier’s expense. The replacement or repaired goods shall be covered by the unexpired portion of the warranty period in respect of the original goods or for a period of 90 days, whichever is the greater.

For equipment forming part of the goods, which equipment is not manufactured by the supplier, the original manufactures warranty will apply. The supplier’s liability for such equipment shall not exceed the liability of the manufacturer.

In respect of goods that are not ordinarily acquired for personal, domestic or household use or consumption, the liability of the supplier for a breach of any condition or warranty implied by laws is limited at the supplier’s option to the repair the goods or supply replacement goods.

The supplier’s liability under the agreement will be reduced by the amount of any contributory loss or damage to the extent caused by the customers act or omission.

The customer acknowledges and agrees that, to the extent permitted by law, the supplier has no liability in contract, tort (including negligence or breach of statutory duty), by statute or otherwise for loss or damage (whether direct or indirect) of profits, opportunity, revenue, goodwill, bargain, production, contracts, business or anticipated savings, corruption or destruction of data or for any indirect, special or consequential loss or damage whatsoever.

The supplier’s total liability under any contract and the agreement shall not exceed the total dollar amount of the goods purchased by the customer under each contract.

 Insurance

The customer must keep the goods insured against all risk for goods of that kind from the time the risk in the goods passes to the customer until that time that title to the goods passes to the customer. The customer holds the proceeds of that insurance on the trust for the supplier up to the amount it owes the supplier in respect of those goods, and must keep such proceeds in a separate account until the liability to the supplier is discharged and must immediately pay that amount to the supplier.

 Title and Risk

Title to the goods shall remain with the supplier until all monies owing by the customer to the supplier have been paid in full (whether such monies are payable under a specific contract or on any other account).

Until such times as the customer has paid in full all monies owing to the supplier, the customer shall:

(a)  Store the goods separately and mark them so that they are clearly and easily identifiable as the supplier’s property and, if supplier requests, inform the supplier of the location of the goods.

(b)  Hold the goods as baillee for the supplier, subject to the customer’s right to deal with the goods in the ordinary course of the customer’s business (Bailment).

(c)  Indemnify the supplier against any claim arising out of the possession, use or disposal of the goods by the customer or repossession or attempted repossession by the supplier.

If:

(a) A payment is not made in accordance with agreement

(b) The customer commits any other breach of the agreement

(c) The customer becomes bankrupt, has an administrator, a receiver or a receiver and manager appointed, goes into liquidation (whether voluntarily or otherwise), or is wound up, dissolved or declared insolvent,

 Then the supplier may not at any time, without notice to the customer and without prejudice to any other rights that it may have against the customer.

(a)   Terminate the agreement and the bailment

(b)   Suspend some or all its obligations to the customer under the agreement and/or

(c)   Enter upon any premises owned or occupied by the customer where the supplier reasonably believes the goods may be stored and repossess the goods without being liable for any damages caused.

If the customer sells the goods before payment in full to the supplier, or uses the goods in a manufacturing or construction process of its own or some third party, the customer holds the proceeds on trust for the supplier in respect of those goods, and must keep such proceeds in a separate account until liability to the supplier is discharged and immediately pay that amount to the supplier.

The risk in the goods passes to the customer at the time of delivery.