Terms & Conditions

  1. APPLICATION OF THESE CONDITIONS

    These terms and conditions apply to all contracts for the sale of goods and provision of services by Digital Cinema Pty Ltd. Any amendments, alterations, waivers, or cancellations of these terms will only be binding if confirmed in writing by the company. The customer acknowledges that no employee or agent of the company is authorized to make any representations, warranties, or promises regarding the goods or the sale of the goods, except as explicitly stated in these terms and conditions.

  2. INCONSISTENCIES

    In cases where the supply of goods or services is purported to be made based on or subject to terms and conditions other than those outlined in these conditions, the purchaser acknowledges and agrees that such other terms and conditions will be disregarded and will not form a part of the contract, unless the supplier explicitly agrees otherwise in writing.

  3. ACKNOWLEDGMENT

    The purchaser acknowledges and agrees that:

    1. The liability of the supplier under these conditions is solely the responsibility of the supplier.
    2. The obligations accepted by the purchaser and the warranties made by the purchaser are done so for the benefit of the supplier and all related bodies corporate of the supplier.
  4. ACCEPTANCE OF ORDERS

    Payments are to be made to the company without any deductions or discounts, except as specified in these terms or in the relevant invoice or statement. It is understood that all goods remain the property of Digital Cinema until the invoice is fully paid. The following conditions apply to orders:

    1. A deposit of 35% of the invoice price must be paid upon placing an order.
    2. For custom-made goods or non-stocked items, a 50% deposit is required.
    3. The remaining balance of the invoice price must be paid in full prior to delivery. It is important to note that Digital Cinema retains the right to cancel an order at any time without notice, and in such cases, a full refund will be provided to the customer.
  5. TERMS OF PAYMENT

    The following terms of payment apply:

    1. Cash with order: Payments can be made in cash at the time of placing the order.
    2. Credit card: Payments can be made using a valid credit card.
    3. Bank deposit: Payments can be made by depositing funds directly into the company's bank account.
    4. Bank or personal cheque: Payments can be made by issuing a bank or personal cheque. It is important to note that in the case of cheque payments, the cheques must clear in full before the goods are released. These are the accepted methods of payment, and customers are advised to choose the most convenient option for their orders.
  6. INSPECTION OF GOODS

    It is important to note the following regarding the inspection of goods:

    1. Inspection by the Customer: The customer is responsible for inspecting the goods upon collection or delivery.
    2. Notice of Non-Compliance: If the customer finds that the goods do not comply with the relevant specifications or descriptions, written notice must be given to the company within 3 days after collection or delivery.
    3. Deemed Acceptance: If the customer fails to provide written notice of non-compliance within the specified timeframe, the goods are considered to have been accepted in good order and condition. This clause emphasizes the importance for customers to promptly inspect the goods upon receipt and notify the company of any non-compliance within the designated timeframe to ensure appropriate action can be taken.
  7. DELIVERY AND RISK

    The following terms and conditions apply to delivery and risk:

    1. Delivery Timeframe: Digital Cinema will make every reasonable effort to deliver the goods by the specified date, but it does not guarantee delivery on that particular date unless otherwise agreed upon in writing.
    2. Liability for Delay: Digital Cinema is not liable for any loss or damages resulting from late or early delivery, unless otherwise agreed upon in writing.
    3. Delivery Confirmation: Delivery of the goods is considered to be completed when the goods are unloaded from the delivery vehicle or placed on the purchaser's or their nominated carrier's premises.
    4. Unspecified Delivery Date: If no specific delivery date has been agreed upon in advance, the goods will be supplied to the purchaser as soon as practicable after the order has been accepted by Digital Cinema.
    5. Transfer of Risk: The risk associated with the goods transfers to the purchaser at the time of delivery.
    6. Deemed Delivery: Delivery to the purchaser is deemed to occur at the time of delivery to the purchaser, their agent, or the nominated carrier. These provisions outline the responsibilities and liabilities of both Digital Cinema and the purchaser regarding the delivery and risk associated with the goods.
  8. PASSING OF PROPERTY

    The following provisions outline the passing of property from the supplier to the purchaser:

    1. Supplier's Rights: The supplier's rights under this clause secure their right to receive payment for all goods sold under the contract, as well as any other amounts owed to the supplier under this contract or any other contract.
    2. Application of Payments: All payments received from the purchaser must be applied in accordance with section 14(6)(c) of the Personal Property Securities Act (PPSA).
    3. Retention of Title: The purchaser acknowledges that legal title and property in the goods remain with the supplier until payment is received in cleared funds for all sums owed to the supplier, whether under the contract or otherwise.
    4. Separate Storage: The purchaser is required to keep the goods separate from other goods and store them in a way that clearly identifies them as supplied by the supplier.
    5. Remedies for Non-Payment: If the purchaser fails to pay any amount owing to the supplier by the due date, the supplier has the right to recover and resell any goods in which property has not yet passed to the purchaser. The supplier may enter the premises where the goods are located, remove them, and take possession without committing trespass. The purchaser also indemnifies the supplier from any loss incurred due to the exercise of these rights.
    6. Supremacy of Clause 8: If there is any inconsistency between the supplier's rights under this clause and their rights under Chapter 4 of the PPSA, this clause prevails.
    7. Security Interest: The purchaser acknowledges and warrants that the supplier has a security interest in the goods and any proceeds until title passes to the purchaser.
    8. Reasonable Requirements: The purchaser must cooperate and do anything reasonably required by the supplier to protect the supplier's rights under this clause. These provisions aim to protect the supplier's rights and interests in the goods until full payment is received from the purchaser. It is important for the purchaser to comply with these terms to ensure a clear understanding of ownership and to avoid any potential disputes or issues.
  9. CANCELLATIONS

    No order may be canceled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, it must incur a 25% restocking fee

  10. FORCE MAJEURE

    The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.

  11. WARRANTY

    All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer

  12. INSTALLATION

    1. Invoices must be fully paid 14 days prior to installation
    2. While Digital Cinema will take a lot of care during the installation process, there may be a need to create access holes to facilitate the running of cables and speakers. Digital Cinema is not responsible for any restoration work if access holes are created.
    3. Digital Cinema must be contacted if additional installation work is needed on site beyond what has been agreed to
    4. Digital Cinema is not responsible for any electrical work and all power points must be provided by customer.
  13. INTELLECTUAL PROPERTY

    Any technical information, knowledge or processing methods at any time transmitted either orally or in writing by the Supplier to the Purchaser shall remain the property of the Supplier and shall be considered absolutely confidential by the Purchaser who shall not use them for any purpose nor sell transfer or divulge them in any manner to anyone without the prior written consent of the Supplier. The Purchaser warrants that the use by the Supplier of any designs or instructions supplied by the Purchaser will not infringe the patents, trade marks, designs or copyright (”intellectual property”) of any other person and the Purchaser agrees to indemnify the Supplier against any claim relating to or arising from the infringement of any intellectual property of any other person. If at any time a claim is made against the Supplier or the Supplier becomes aware that a claim is likely to be made against the Supplier for infringing any intellectual property or contributing to any such infringement by the Supplier or any other person as a result of supplying Goods, the Supplier may immediately terminate or suspend this Contract

  14. TAX AND DUTIES

    The Purchaser is liable for all taxes (including GST), duties, levies and other government fees and charges in relation to the Goods. Unless specified otherwise, prices quoted do not include such taxes (including GST), duties, etc.

  15. GOODS AND SERVICES TAX

    1. If, and to the extent, any supply of the Goods under the Contract is a taxable supply within the meaning of the GST Law, the price for the Goods will be increased to include GST payable by the Supplier in respect of the supply.
    2. All rebates, discounts or other reductions in price will be calculated on the GST exclusive price.
    3. The parties agree that:
      1. the Supplier must provide tax invoices and if applicable adjustment notes to the Purchaser in the form prescribed by or for th
      2. costs required to be reimbursed or indemnified excludes any amount that represents GST for which an input tax credit within the meaning of the GST Law can be claimed.
  16. TRANSPORT

    If the Purchaser requests delivery by means other than the means normally used by the Supplier, then the Purchaser must pay all additional costs associated with the means chosen. If, within 4 weeks after the Goods are available for dispatch, the Supplier is unable or finds it impractical to transport the Goods by the means chosen, the Supplier may transport the Goods by any means it considers suitable.

  17. OTHER DELIVERY PROVISIONS

    Delivery may be made in one or more lots and at different times and by separate deliveries or shipments. Each lot must be accepted and paid for, notwithstanding any late delivery or non-delivery of any other lot. If the Supplier allows the Purchaser to nominate a delivery date, such date may not be more than 60 days after the expected date of manufacture of the Goods, as advised by the Supplier to the Purchaser.

  18. PRODUCT SPECIFICATIONS AND DESIGN CHANGES

    The Supplier may make any changes or improvements to the design or specification of the Goods at any time without giving prior written notice to the Purchaser unless otherwise agreed in writing.

  19. INTERNATIONAL BUYERS

    If the Purchaser is not in Australia or is not an Australian company, payment must be made by bank deposit. If the Purchaser requires delivery of the Goods outside Australia, purchaser must organise courier pick up from their end. The Purchaser is liable for all taxes, duties, levies and other government fees and charges in relation to the Goods.

  20. WARRANTY SERVICING

    The Supplier is not responsible for any dismantling or removal of any installed products for warranty claims. The Purchaser is responsible for any installed equipment to be taken in for warranty. The Purchaser is responsible for re-installation of said equipment.

  21. RELATIONSHIP OF THE PARTIES

    Except as expressly provided in the Contract nothing in the Contract is intended to constitute a fiduciary relationship or an agency, partnership or trust; and no party has authority to bind any other party.

  22. SIGNIFICANT REGULATORY CHANGES

    Should any significant change in law or regulation (including the introduction of any form of emission or carbon trading scheme or emissions or carbon tax) occur during the Term, the Supplier will subject to clause 11.1 be entitled, by 10 days notice in writing to the Customer, to increase the price payable by the Customer for Products by an amount equal to the increased cost that will be incurred by the Supplier in supplying the Products to the Customer as a result of such significant change.

  23. DEPOSITS

    All deposits are strictly non refundable.

  24. MISCELLANEOUS

    1. Any of these conditions may be varied in writing by the Supplier unless otherwise agreed between the parties. Any variation to
    2. The Supplier may set-off any amounts owed by it to the Purchaser under the Contract against amounts owed by the Supplier to the
    3. The waiver by the Supplier of any provision, or breach of any provision of the Contract is not to be construed as a waiver of
    4. If any provision of the Contract is unenforceable or void either in whole or in part for any reason, then that provision (or par
    5. The Contract (including the details appearing on the Purchase Order) constitute the entire agreement between the Purchaser and
    6. Any dispute arising out of the Contract is governed by the laws of the State or Territory of Australia where the Purchase Order was received by the Supplier and the Purchaser submits to the jurisdiction of and agrees to be bound by the Federal Courts of Aus
    7. The following words have the following meanings in these conditions:
      1. “Contract” means the contract between the Purchaser and the Supplier for the supply of the Goods, as described in clause 1;
      2. “Goods” means all goods and/or services ordered in the Purchase Order;
      3. “GST” has the same meaning as in the GST Law;
      4. “GST Law” means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
      5. “Loss” means any loss, liability, damage, expense or cost whatsoever and includes (without limitation) indirect or consequential loss or damage, loss of profits or business opportunity, and damage to equipment or property;
      6. “PPSA” means the Personal Property Securities Act 2009 (Cth);
      7. “Purchase Order” means a purchase order issued by the Purchaser to the Supplier;
      8. “Purchaser” means the person (including its successors, personal representatives and permitted assigns) who acquires the Goods from the Supplier, and where this consists of more than 1 person the obligations in the Contract are deemed to be joint and several;
      9. “Related Bodies Corporate” has the meaning given to it in the Corporations Act 2001 (Cth); and
      10. “Supplier” means the company identified in the invoice.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Digital Cinema Pty Ltd. The collective work includes works that are licensed to Digital Cinema Pty Ltd. Copyright 2003, Digital Cinema Pty Ltd ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Digital Cinema Pty Ltd or purchasing Digital Cinema Pty Ltd products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Digital Cinema Pty Ltd or to purchase Digital Cinema Pty Ltd products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Digital Cinema Pty Ltd. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Digital Cinema Pty Ltd used in the site are trademarks or registered trademarks of Digital Cinema Pty Ltd. All other trademarks are property of their respective owners.

Limitation of Liability

Digital Cinema Pty Ltd shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Digital Cinema Pty Ltd has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Digital Cinema Pty Ltd product is mistakenly listed at an incorrect price, Digital Cinema Pty Ltd reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Digital Cinema Pty Ltd reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Digital Cinema Pty Ltd shall issue a credit to your credit card account in the amount of the incorrect price.

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Digital Cinema Pty Ltd without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Digital Cinema Pty Ltd may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Digital Cinema Pty Ltd.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of NSW, AUSTRALIA, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Digital Cinema Pty Ltd products) shall be in the state or federal courts located in SYDNEY, NSW. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Digital Cinema Pty Ltd products) must be commenced within one (1) year after the claim or cause of action arises. Digital Cinema Pty Ltd's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Digital Cinema Pty Ltd may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Digital Cinema Pty Ltd or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Digital Cinema Pty Ltd does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Digital Cinema Pty Ltd is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Digital Cinema Pty Ltd reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Digital Cinema Pty Ltd in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Digital Cinema Pty Ltd, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Digital Cinema Pty Ltd may link to sites operated by third parties. However, even if the third party is affiliated with Digital Cinema Pty Ltd, Digital Cinema Pty Ltd has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Digital Cinema Pty Ltd. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Digital Cinema Pty Ltd seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Store Pick-up & PayPal

Please note: Pick up option is not available on purchases made with PayPal and must be delivered to a PayPal verified address as per PayPal terms and conditions. We apologize for your inconvenience.

APPLICATION OF THESE CONDITIONS

These terms and conditions apply to all contracts for the sale of goods and provision of services by Digital Cinema Pty Ltd. Any amendments, alterations, waivers, or cancellations of these terms will only be binding if confirmed in writing by the company. The customer acknowledges that no employee or agent of the company is authorized to make any representations, warranties, or promises regarding the goods or the sale of the goods, except as explicitly stated in these terms and conditions.

Inconsistencies

In cases where the supply of goods or services is purported to be made based on or subject to terms and conditions other than those outlined in these conditions, the purchaser acknowledges and agrees that such other terms and conditions will be disregarded and will not form a part of the contract, unless the supplier explicitly agrees otherwise in writing.

Acknowledgement

The purchaser acknowledges and agrees that:

  1. The liability of the supplier under these conditions is solely the responsibility of the supplier.
  2. The obligations accepted by the purchaser and the warranties made by the purchaser are done so for the benefit of the supplier and all related bodies corporate of the supplier.

Acceptance of Orders

Payments are to be made to the company without any deductions or discounts, except as specified in these terms or in the relevant invoice or statement. It is understood that all goods remain the property of Digital Cinema until the invoice is fully paid. The following conditions apply to orders:

  1. A deposit of 35% of the invoice price must be paid upon placing an order.
  2. For custom-made goods or non-stocked items, a 50% deposit is required.
  3. The remaining balance of the invoice price must be paid in full prior to delivery. It is important to note that Digital Cinema retains the right to cancel an order at any time without notice, and in such cases, a full refund will be provided to the customer.

Terms of payment

The following terms of payment apply:

  1. Cash with order: Payments can be made in cash at the time of placing the order.
  2. Credit card: Payments can be made using a valid credit card.
  3. Bank deposit: Payments can be made by depositing funds directly into the company's bank account.
  4. Bank or personal cheque: Payments can be made by issuing a bank or personal cheque. It is important to note that in the case of cheque payments, the cheques must clear in full before the goods are released. These are the accepted methods of payment, and customers are advised to choose the most convenient option for their orders.

Inspection of Goods

It is important to note the following regarding the inspection of goods:

  1. Inspection by the Customer: The customer is responsible for inspecting the goods upon collection or delivery.
  2. Notice of Non-Compliance: If the customer finds that the goods do not comply with the relevant specifications or descriptions, written notice must be given to the company within 3 days after collection or delivery.
  3. Deemed Acceptance: If the customer fails to provide written notice of non-compliance within the specified timeframe, the goods are considered to have been accepted in good order and condition. This clause emphasizes the importance for customers to promptly inspect the goods upon receipt and notify the company of any non-compliance within the designated timeframe to ensure appropriate action can be taken.

Delivery and Risk

The following terms and conditions apply to delivery and risk:

  1. Delivery Timeframe: Digital Cinema will make every reasonable effort to deliver the goods by the specified date, but it does not guarantee delivery on that particular date unless otherwise agreed upon in writing.
  2. Liability for Delay: Digital Cinema is not liable for any loss or damages resulting from late or early delivery, unless otherwise agreed upon in writing.
  3. Delivery Confirmation: Delivery of the goods is considered to be completed when the goods are unloaded from the delivery vehicle or placed on the purchaser's or their nominated carrier's premises.
  4. Unspecified Delivery Date: If no specific delivery date has been agreed upon in advance, the goods will be supplied to the purchaser as soon as practicable after the order has been accepted by Digital Cinema.
  5. Transfer of Risk: The risk associated with the goods transfers to the purchaser at the time of delivery.
  6. 6. Deemed Delivery: Delivery to the purchaser is deemed to occur at the time of delivery to the purchaser, their agent, or the nominated carrier. These provisions outline the responsibilities and liabilities of both Digital Cinema and the purchaser regarding the delivery and risk associated with the goods.

Passing of Property

The following provisions outline the passing of property from the supplier to the purchaser:

  1. Supplier's Rights: The supplier's rights under this clause secure their right to receive payment for all goods sold under the contract, as well as any other amounts owed to the supplier under this contract or any other contract.
  2. Application of Payments: All payments received from the purchaser must be applied in accordance with section 14(6)(c) of the Personal Property Securities Act (PPSA).
  3. Retention of Title: The purchaser acknowledges that legal title and property in the goods remain with the supplier until payment is received in cleared funds for all sums owed to the supplier, whether under the contract or otherwise.
  4. Separate Storage: The purchaser is required to keep the goods separate from other goods and store them in a way that clearly identifies them as supplied by the supplier.
  5. Limitations on Sale: The purchaser is not allowed to sell the goods except in the ordinary course of their business.
  6. Remedies for Non-Payment: If the purchaser fails to pay any amount owing to the supplier by the due date, the supplier has the right to recover and resell any goods in which property has not yet passed to the purchaser. The supplier may enter the premises where the goods are located, remove them, and take possession without committing trespass. The purchaser also indemnifies the supplier from any loss incurred due to the exercise of these rights.
  7. Supremacy of Clause 8: If there is any inconsistency between the supplier's rights under this clause and their rights under Chapter 4 of the PPSA, this clause prevails.
  8. Security Interest: The purchaser acknowledges and warrants that the supplier has a security interest in the goods and any proceeds until title passes to the purchaser.
  9. Reasonable Requirements: The purchaser must cooperate and do anything reasonably required by the supplier to protect the supplier's rights under this clause. These provisions aim to protect the supplier's rights and interests in the goods until full payment is received from the purchaser. It is important for the purchaser to comply with these terms to ensure a clear understanding of ownership and to avoid any potential disputes or issues.

Cancellations

The following conditions apply to cancellations of orders:

  1. Cancellation, Modification, or Deferral: No order can be canceled, modified, or deferred without the prior written consent of the company. The decision to grant such consent rests solely with the company.
  2. Restocking Fee: If the company agrees to cancel an order, it has the option to charge a 25% restocking fee on the canceled items. These conditions highlight that canceling an order requires obtaining written consent from the company. The company retains discretion in granting or denying such requests. Additionally, if the company agrees to cancel the order, it may choose to apply a restocking fee amounting to 25% of the canceled items' value.

Force Majeure

The following provision outlines the company's limitation of liability in the event of a breach of contract due to circumstances beyond its control:

  1. Limitation of Liability: The company will not be held liable for any breach of contract caused by any matter or thing beyond its control.
  2. Examples of Events: These matters or things include, but are not limited to: a. Transport stoppages or transport breakdown b. Fire, flood, earthquake, or other acts of nature c. Strikes, lock-outs, work stoppages, or labor disputes d. Wars, riots, or civil commotion e. Intervention or action by a public authority f. Explosion or accident The purpose of this provision is to protect the company from liability in situations where it is unable to fulfill its contractual obligations due to unforeseen events or circumstances beyond its control. These events are commonly referred to as force majeure events. If such an event occurs, the company will not be held responsible for any resulting breach of contract.

Warranty

The warranty terms for all goods supplied by the company are as follows:

  1. Manufacturer's Warranty: All goods provided by the company are covered by the warranties specified by the manufacturer. The specific details and duration of these warranties may vary depending on the product.
  2. Product Standards: The goods supplied by the company adhere to the product standards set forth by the manufacturer. These standards ensure the quality, functionality, and performance of the products. It is important to note that the exact terms and conditions of these warranties, including any limitations or exclusions, are determined by the manufacturer. The company acts as a distributor or reseller of the goods and will provide support and assistance in the warranty process as required. Customers should refer to the documentation provided by the manufacturer or contact the company for further information regarding the specific warranty coverage for any purchased goods.

Installation

Terms & Conditions for Installations Performed by Digital Cinema

This Terms & Conditions Agreement (the "Agreement") governs the installation services provided by Digital Cinema ("Company") for Home Theatres, Star Ceilings, Recliners, Projectors & Screens. By scheduling or allowing the installation services to be performed, the Customer agrees to be bound by the terms and conditions outlined herein.

  1. Scope of Services: The Company agrees to provide installation services for home theatres and star ceilings at the location designated by the customer (the "Customer").
  2. Acceptance of Terms: By scheduling or allowing the installation services to be performed, the Customer acknowledges that they have read, understood, and agree to be bound by this Agreement. If the Customer does not agree with any part of these terms, they must not proceed with the installation services.
  3. Access to Premises: The Customer agrees to provide the Company's installers with safe and unobstructed access to the installation location at the scheduled date and time. Failure to provide access may result in an additional charge of $300 for rescheduling of the installation.
  4. Product Readiness: The Customer agrees to ensure that the designated installation location is prepared and ready for the installation of the home theatre and star ceiling components. This includes clearing the area of any obstacles and ensuring that the necessary utilities (such as electrical outlets) are available and accessible in the appropriate locations.
  5. Payment Terms: Payment for the installation services must be made in full no later than 14 days prior to the scheduled installation date. Failure to provide payment within this timeframe may result in the cancellation or rescheduling of the installation appointment.
  6. Installation Warranty: The Company warrants that the installation services will be performed in a professional and workmanlike manner. If any issues arise due to defects in workmanship within a specified warranty period of 30 days, the Company will, at its discretion, repair or re perform the installation services at no additional cost to the Customer.
  7. Customer Responsibilities: The Customer acknowledges that certain responsibilities fall upon them, including:
    • Providing accurate and complete information regarding the installation location, room dimensions and any special requirements.
    • Ensuring that the home theatre and star ceiling components are suitable for the intended purpose and compatible with the installation location.
    • Notifying the Company of any changes or delays to the scheduled installation appointment.
  8. Cancellation and Rescheduling: The Customer may cancel or reschedule the installation appointment by providing advance notice to the Company. Cancellations made within a specified timeframe may be subject to cancellation fees.
  9. Installation Process: Digital Cinema will exercise utmost care during the installation process. However, it may be necessary to create access holes to accommodate cables and speakers. Please note that Digital Cinema will not be responsible for any restoration work required if access holes are created.
  10. Additional Installation Work: If there is a need for additional installation work on-site beyond what has been agreed upon initially, the customer must contact Digital Cinema for further discussion and agreement. Any additional work may incur extra charges and should be mutually agreed upon before proceeding.
  11. Electrical Work: Digital Cinema is not responsible for any electrical work associated with the installation. It is the responsibility of the customer to ensure that all necessary power points are provided for the installation to proceed smoothly. These terms and conditions are in place to clarify the responsibilities of both Digital Cinema and the customer regarding the installation process. It is recommended that customers review and agree to these terms before proceeding with the installation services provided by Digital Cinema.
  12. Limitation of Liability: In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the installation services, except as provided by applicable law.

Contact Information: If the Customer has any questions or concerns about this Agreement or the installation services, they may contact the Company by calling  T: 1300 859 905

By scheduling or allowing the installation services to be performed, the Customer signifies their acceptance of these terms and conditions. 

 

Intellectual Property

The following provision outlines the responsibilities and obligations of both the supplier and the purchaser regarding intellectual property:

  1. Supplier's Intellectual Property: Any technical information, knowledge, or processing methods shared by the supplier with the purchaser, whether orally or in writing, will remain the property of the supplier. The purchaser is obligated to treat this information as strictly confidential and shall not use, sell, transfer, or disclose it to any third party without prior written consent from the supplier.
  2. Warranty Against Infringement: The purchaser warrants that any designs or instructions provided to the supplier will not infringe upon the patents, trademarks, designs, or copyrights of any other individual or entity ("intellectual property"). The purchaser agrees to indemnify the supplier against any claim arising from the infringement of intellectual property by the supplier in connection with the supplied goods.
  3. Claim of Infringement: If a claim arises or is likely to arise against the supplier for infringement of intellectual property due to the supply of goods, the supplier may immediately terminate or suspend the contract. This provision ensures that the supplier's intellectual property rights are protected, and the purchaser assumes responsibility for any intellectual property infringement resulting from their designs or instructions. It also establishes the supplier's right to address any potential intellectual property claims that may arise.

Tax and Duties

The following provision outlines the responsibility of the purchaser to pay taxes, duties, levies, and other government fees and charges related to the goods:

  1. Liability for Taxes and Duties: The purchaser is responsible for all applicable taxes, including Goods and Services Tax (GST), duties, levies, and any other government fees and charges associated with the purchase of goods.
  2. Exclusion from Quoted Prices: Unless explicitly stated otherwise, the prices quoted for the goods do not include any taxes, including GST, duties, levies, or other government fees and charges. The purchaser should consider these additional costs when reviewing the quoted prices. By clearly stating this provision, it establishes that the purchaser assumes the responsibility for paying any applicable taxes, duties, levies, and government fees related to the purchase of goods. It also clarifies that the quoted prices are exclusive of such charges unless specified otherwise.

Goods and Services Tax

The following provisions address the application of Goods and Services Tax (GST) in relation to the supply of goods:

  1. Inclusion of GST: If any supply of goods under the contract is considered a taxable supply as per the GST Law, the price for the goods will be increased to include the GST amount payable by the supplier in respect of that supply.
  2. Calculation of Rebates, Discounts, and Price Reductions: Any rebates, discounts, or other reductions in price will be calculated based on the GST-exclusive price. Additional agreements between the parties include:
    1. Provision of Tax Invoices and Adjustment Notes: The supplier is required to provide tax invoices and, if applicable, adjustment notes to the purchaser in the form prescribed by or for the GST Law.
    2. Exclusion of GST from Reimbursement or Indemnification: Any costs that are required to be reimbursed or indemnified by the purchaser to the supplier will not include any amount representing GST for which an input tax credit can be claimed within the meaning of the GST Law. By including these provisions, it is established that if the supply of goods is subject to GST, the price will be adjusted accordingly. It also clarifies that rebates, discounts, and other price reductions will be calculated based on the GST-exclusive price. The supplier is obligated to provide the necessary tax invoices and adjustment notes, and any reimbursement or indemnification costs will exclude any GST amount eligible for input tax credit.

Transport

The transportation provisions outlined state the following:

  1. Request for Alternative Delivery Means: If the purchaser requests delivery using a method other than the one typically used by the supplier, the purchaser is responsible for covering all additional costs associated with the chosen means of transportation.
  2. Supplier's Discretion for Alternative Transportation: If, within a period of 4 weeks after the goods become available for dispatch, the supplier is unable or finds it impractical to transport the goods using the means chosen by the purchaser, the supplier has the right to transport the goods using any means it deems suitable. In summary, these provisions establish that if the purchaser requests a specific delivery method other than the supplier's standard method, the purchaser will be responsible for the associated costs. However, if the chosen method becomes impractical or unavailable, the supplier has the discretion to choose an alternative means of transportation.

Other Delivery Provisions

The "Other Delivery Provisions" section contains the following terms:

  1. Partial Deliveries: Delivery may occur in multiple lots, at different times, and through separate deliveries or shipments. Each lot must be accepted and paid for by the purchaser, regardless of any late delivery or non-delivery of other lots. In other words, partial deliveries are permissible and should be treated as separate transactions.
  2. Nominated Delivery Date: If the supplier grants the purchaser the ability to nominate a delivery date, the chosen date cannot exceed 60 days after the expected date of goods manufacturing, as communicated by the supplier to the purchaser. By setting this condition, the supplier seeks to ensure that the nominated delivery date aligns reasonably with the manufacturing timeline. To summarize, these provisions allow for delivery in multiple lots, independent of each other, with the requirement that each lot is accepted and paid for individually. Additionally, if the purchaser is given the option to select a delivery date, it must be within 60 days of the expected date of goods production.

Product Specifications and Design Changes

The clause regarding product specifications and design changes states the following:

  1.  Supplier's Authority to Make Changes: The supplier has the authority to make changes or improvements to the design or specifications of the goods at any time without providing prior written notice to the purchaser, unless there is a separate written agreement stating otherwise. In essence, this provision grants the supplier the discretion to modify the design or specifications of the goods without informing the purchaser in advance, unless there is a written agreement specifying otherwise. The intention behind this clause is to allow the supplier flexibility in making improvements or adjustments to the product without being bound by the requirement to notify the purchaser beforehand. However, it is always preferable to have written agreements in place to clarify any exceptions or limits to this provision.

International Buyers 

The section pertaining to international buyers includes the following stipulations:

  1. Payment Method: If the purchaser is located outside of Australia or is not an Australian company, payment for the goods must be made via bank deposit. This requirement implies that alternative payment methods, such as credit cards or checks, may not be accepted for international buyers in this particular scenario.
  2. Delivery Arrangements: If the purchaser requires the goods to be delivered outside of Australia, they are responsible for organizing courier pick-up from their own location. In other words, the purchaser is tasked with arranging transportation from their premises to the desired destination, rather than relying on the supplier to handle the shipment.
  3. Taxes and Fees: The purchaser bears the responsibility for all taxes, duties, levies, and other government fees and charges associated with the goods. This means that any applicable import duties, customs fees, or taxes imposed by the destination country would be the purchaser's responsibility to pay. In essence, the purchaser is liable for any additional costs incurred due to government regulations or import/export requirements. These provisions aim to establish clear guidelines for international buyers, specifying the preferred payment method, delivery arrangement, and the purchaser's responsibility for taxes and fees. It is important for both parties to understand and agree to these terms before entering into any international transactions.

Warranty Services

The section on warranty servicing contains the following terms:

  1. Dismantling and Removal: The supplier is not obligated to dismantle or remove any installed products as part of the warranty claim process. In other words, if a warranty claim is made, it is the purchaser's responsibility to arrange for any necessary dismantling or removal of the product.
  2. Responsibility for Installed Equipment: The purchaser bears the responsibility for any installed equipment that requires warranty service. This includes organizing transportation or shipment of the equipment to the designated warranty service location.
  3. 3. Re-installation: Additionally, the purchaser is also responsible for the re-installation of the equipment after it has undergone warranty servicing. This means that any costs or efforts associated with reinstalling the equipment post-servicing should be borne by the purchaser. These provisions outline that the supplier is not responsible for the dismantling or removal of installed products during the warranty claim process. The purchaser assumes responsibility for managing the logistics of warranty servicing, including the dismantling, removal, transportation, and re-installation of the equipment. It is important for the purchaser to be aware of these responsibilities to ensure a smooth warranty service experience.

Relationship of the Parties

The "Relationship of the Parties" section states the following:

  1. No Fiduciary Relationship: The contract does not establish a fiduciary relationship between the parties. This means that the parties involved in the contract do not owe each other any legal duty or obligation arising out of a special relationship of trust and confidence.
  2. No Agency, Partnership, or Trust: The contract does not create an agency, partnership, or trust between the parties. It clarifies that the relationship established by the contract is solely for the purpose of executing the terms and conditions of the agreement and does not extend to any broader legal relationships.
  3. No Authority to Bind: No party has the authority to bind any other party to the contract. This means that the parties do not possess the power or right to act on behalf of or legally commit the other party without their explicit consent. These provisions aim to clarify the nature of the relationship between the parties involved in the contract. It ensures that no fiduciary duty, agency, partnership, or trust is created unless expressly stated in the contract. It also establishes that the authority to bind another party is not implied or inherent in this agreement.

SIGNIFICANT REGULATORY CHANGES

The provision regarding significant regulatory changes states the following: If there is a significant change in law or regulation, such as the introduction of emission or carbon trading schemes or emissions/carbon taxes, during the term of the agreement:

  1. Supplier's Entitlement: The supplier is entitled, subject to the terms of clause 11.1, to increase the price payable by the customer for products.
  2. Notice Requirement: The supplier must provide the customer with a written notice at least 10 days in advance of the price increase.
  3. Amount of Increase: The price increase will be equal to the additional cost incurred by the supplier in supplying the products to the customer due to the regulatory change. This provision allows the supplier to pass on any additional costs resulting from significant regulatory changes to the customer. Upon occurrence of such changes, the supplier has the right to increase the price of the products being supplied, provided that the notice period and calculation of the increase are adhered to.

Deposits 

The revised "Deposits" clause states that all deposits made by the customer are generally considered strictly non-refundable, unless state or federal laws stipulate otherwise. This update acknowledges that while the default position is that the deposits are non-refundable, there may be situations where state or federal laws supersede this provision and require refunds to be provided under specific circumstances. By incorporating this exception, the clause ensures compliance with applicable legal requirements and allows for the return of deposits if mandated by law. It provides a more balanced approach that takes into account legal obligations while still emphasizing the general non-refundable nature of deposits.

Miscellaneous 

In the "Miscellaneous" section, several important points are outlined:

  1. Variation: The supplier has the ability to vary any of the conditions in writing, unless otherwise agreed upon by the parties. This allows for flexibility in modifying the terms of the contract if necessary.
  2. Set-Off: The supplier is permitted to set-off any amounts owed by the purchaser under the contract against amounts owed by the supplier to the purchaser. This provides the supplier with the right to offset debts between the parties.
  3. Waiver: The waiver by the supplier of any provision or breach of the contract does not constitute a waiver of other provisions. In other words, if the supplier chooses to overlook or not enforce one breach, it does not mean they waive their right to enforce other provisions in the future.
  4. Severability: If any provision of the contract is unenforceable or void, whether in whole or in part, for any reason, that provision or part thereof is considered invalid. However, the remainder of the contract remains enforceable.
  5. Entire Agreement: The contract, including the details on the purchase order, constitutes the entire agreement between the purchaser and supplier for the supply of goods. This means that any prior agreements or understandings, not included in the contract, are superseded.
  6. Governing Law and Jurisdiction: Any dispute arising from the contract is governed by the laws of the state or territory of Australia where the purchase order was received by the supplier. The purchaser agrees to be bound by the jurisdiction of the Federal Courts of Australia.
  7. Definitions: The section concludes with definitions of key terms used throughout the conditions, including terms such as "Contract," "Goods," "GST," "Purchase Order," and others. These definitions provide clarity and common understanding of specific terms used in the contract. It is important for both parties to review and understand these provisions as they outline crucial aspects of the agreement and the relationship between the purchaser and the supplier. Legal advice may be sought to ensure full comprehension and compliance with these terms.

 

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