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Terms & Conditions

These terms and conditions are in addition to the Blae Commercial Pty Ltd As Trustee for Blae Commercial No.2 Trust trading as Harvey Norman Commercial Division (ABN 11 530 188 684) (“HNCD”) Trading Accounts standard terms and conditions. It forms an integral part of any HNCD proposal.

Warranty

HNCD offers a 12 month warranty on installation work carried out. All manufactures warranties carry over to the customer and shall be to the maximum extent permissible under the Original Equipment Manufacturer (OEM) and subject to OEM standard warranty terms and conditions. If a product was to become faulty inside its warranty period then that product will be covered for its repair. If HNCD's technicians are required to uninstall or reinstall the faulty product then our standard service call out fee will apply. For all non-warrantee service calls, customers will be charged $150 Inc. per hour per technician for the duration of the service.

Foxtelssw

Foxtel is the customer's responsibility to arrange connection to at the time or before our final installation. If not installed at that time a callout charge of $240.00 Inc GST per visit will be charged.

FM Radio AM Reception

FM radio will be connected to the customer's existing TV antenna and as such will be reliant on the TV antenna signal to be acceptable. If the FM reception is not acceptable it is the customer's responsibility to improve it. AM technology is slowly being phased out and because of this AM reception cannot be guaranteed. Sonos can cover AM via web streaming.

TV Reception (Free to Air)

TV will be connected to the customer's existing TV antenna (if available) and as such will be reliant on the TV antenna signal to be acceptable. If the TV reception is not acceptable it is the customer's responsibility to improve it.      

Cabinetry

HNCD's Audio Visual installation solely relies that all cabinetry being supplied and installed will be on location and in accordance with HNCD product spacing and ventilation requirements prior to the AV installation. If this is not the case and HNCD is required to conduct additional installation visits then an additional hourly rate of $150 Inc. per hour will be charged.      

The Builder

Heat ventilation can be a major issue in any cabinet or rack location and we need ask the builder to make allowances for venting the heat above or behind any of these areas. Stealth Loudspeakers are to be fitted by the builder. We ask for the builder to mount any motorised lifts or screen boxes as required.

The Electrical Contactor

To provide cable access and any required chasing for our cable access. GPO points for the AV equipment, TV locations and any Sonos modules in their designated locations. To supply and terminate all TV and Telephone / Data wall plates for Foxtel, TiVo and Sonos. All TV points should also have Data points run to them. To supply, Pay TV and Free to Air Antenna feeds to the equipment and TV locations.

Computers and Networks

HNCD is not responsible for any computer, network or internet service related issues.

Sonos System Installation

An active network internet connection via a fixed Linksys modem / router (at the network switch location) needs to be supplied by owner in the main AV rack location and must be available at the time of the final Sonos install/commission. Power and an active Data point to each Sonos amp or equipment location must be organised by the site electrician. Your internet service must be in and running for us to commission the Sonos System. As the Sonos system has the ability to stream music content from the internet it is recommended that the customer provide an Internet Plan with an additional download of 15 GB per month just for this service.

To the fullest extent of the law possible, all contracts and dealing between Blae Commercial Pty Ltd As Trustee for Blae Commercial No.2 Trust trading as Harvey Norman Commercial Division (here-in-after ‘HNCD') and any Applicant (‘the Customer') relating to any product (“Products”) or services are subject to the Terms & Conditions of Trade set out on page 2, 3, 4 and 5 hereof (1-23) (‘these terms') unless otherwise expressly agreed in writing.

1. PAYMENT

  • (a) TRADING ACCOUNT HNCD shall provide auto-generated Tax Invoice(s) to the Customer Accounts Email after each delivery and installation (if applicable). Payments are to be made by Electronic Funds Transfer or Company cheque without deduction, unless otherwise agreed. The Customer must make payment within the agreed payment terms, as stated on the invoice.
  • (b) CASH IN ADVANCE “CIA” (NON-TRADING ACOCUNT)
    • (i) A Cash In Advance “CIA” account will be established where:
      • (A) credit is not required by the Customer;
      • (B) Trading Account could not be established or credit not approved; or
      • (C) where the credit limit is inadequate.
    • (ii) Payment of non-account transactions are required prior to delivery/installation.

2. RETENTION

HNCD does not accept deduction of monies from Invoices/Progress Claims for Retentions.

3. PROPERTY

  • (a) Title in the products shall not pass to the Customer until payment in full for the products has been made. HNCD reserves the right to take possession of the product as it sees fit at any time after due payment has not been received within the “Payment Terms” noted in your Application for a Trading account. The Customer grants permission to HNCD to enter any property where any product is in order to do so.
  • (b) The Customer agrees that a certificate purporting to be signed by an officer of HNCD identifying products as unpaid for shall be conclusive evidence that the goods have not been paid for and of HNCD's title thereto;

 4. LIMITATION OF LIABILITY

  • (a) to limit any claim it makes to the cost of replacement of the subject products and HNCD shall not be liable for any loss or expense arising after 14 days from delivery (or at all once products have been unpacked, affixed or otherwise used or applied) after which they shall be derived to be unqualified acceptance: and
  • (b) HNCD will not be liable for any contingent, consequential, direct or indirect, special or punitive damage, whether due to negligence or otherwise & the Customer acknowledges this limit of liability and agrees to limit any claim accordingly; and
  • (c) No other term, condition, agreement, warranty, representation or understanding whether express or implied, in any way extending to, otherwise relating to or binding upon HNCD, other than these terms is made or given by or on behalf of HNCD.
  • (d) HNCD is not liable to the Customer for any damage or destruction of the works (including products and materials supplied) caused by:
    • (i) any failure by the Customer to properly or safely protect the works after sign off by the Customer (or its authorised Builder);
    • (ii) any use by the Customer or any other Person of the products contrary to their specifications;
    • (iii) any act or omission by the Customer or any other Person after delivery and installation by HNCD;
    • (iv) any failure to properly maintain, operate or repair the works/products after installation by HNCD.
  • (e) Risk in the products passes to the Customer on delivery. Risk for and in the works shall pass from HNCD to the Customer at the completion and handover of the Works.

5. EXCLUSION

The Customer agrees that: -

(a) no dealing between HNCD and the Customer shall be or be deemed to be a sale by sample;
(b) the Customer will rely on its own knowledge & expertise in selecting any products for any purpose and any advice or assistance given for or on behalf of HNCD shall be accepted at the Customers risk and shall not be deemed given as expert or advice not to have been relied upon; and
(c) all products are sold subject to the Original Equipment Manufacturers (OEM) trading terms and conditions and any warranty of the OEM.

6. RETURNS

The Customer agrees that:

(a) HNCD may or may not elect to take back product in saleable conditions. If HNCD does allow the return of goods it will only be on terms agreed and a re-stocking fee of 20% of invoice value will apply; and
(b) Any custom-made customer cut, custom processed or customer acquired products will not be returnable at all.
(c) Returns and/or credit claims will not be recognised after 14 calendar days from delivery date.

7. ORDERS

The Customer agrees that:

(a) each order it places shall be deemed to include a representative that is solvent & able to pay all of its debts as and when they fall due; and
(b) When any order is placed, the Customer shall inform HNCD of any acts which might reasonably affect any decision to accept the order and/or grant credit. Any failure to do so shall be deemed to create and constitute an inequality of bargaining position. The taking of unfair advantage of HNCD and shall be deemed unconscionable, misleading and deceptive.

8. PURCHASE PRICE

All sales are made by HNCD at its ruling price at the time of delivery.

9. DELIVERY

The Customer agrees that:

  • (a) Delivery will be deemed completed upon the signing of HNCD's delivery docket/invoice.
  • (b) the Customer specifically agrees that any employee who signed HNCD's delivery docket/invoice will be a deemed representative of the Customer and as such will bring the Customer to have accepted delivery and/or credit claims will not be recognised after 14 calendar days from delivery date.

10. LIQUIDATED DAMAGES

HNCD does not accept, and will strike out any clause that refers to the application of Liquidated Damages.

11. RECOVERY COSTS

The Customer shall pay costs & expenses incurred by HNCD, its legal advisers, mercantile agents and others in respect of anything instituted or being considered against the Customer, whether for debt, possession of any products or otherwise.

12. CUSTOMER RESTRUCTURE

The Customer shall notify HNCD in writing of any change in its structure or management including any change in director, shareholder, or management or change in partnership or trusteeship within 7 days of the date of any such change.

13.  JURISDICTION

The Customer agrees that all contracts made with HNCD shall be deemed to be made in the State of NSW and under the laws of NSW.

14. CREDIT LIMIT

The granting of any credit facility and/or nomination of any credit limit is an indication only of HNCD's intention at that time. The credit facility may be varied or withdrawn at any time at Harvey Norman Commercial Division's discretion & without any liability to the customer or any other person or entity.

15. SECURITY FOR PAYMENT

The Customer agrees upon request to charge with payment of all monies owed and/or owing to HNCD from time to time in favour of HNCD by:

  • (a) By way of a fixed charge over books of account; financial records, goodwill, documents of title, current or later acquired real property, intellectual property; and
  • (b) by way of a floating charge, the whole of its other undertaking, property and assets.

16. FORWARD ORDERS

The Customer agrees:

  • (a) To pay for so much of any forward order as is from time to time invoiced by HNCD;
  • (b) That no delay or failure to fulfil any part of such order will entitle any cancellation or variation of that order or delay or reduce any payment; and
  • (c) To pay any demurrage and/or other costs & expenses of HNCD in handling and/or holding.

17.  FORCE MAJEURE

For the purpose of giving effect to the Customer's obligation pursuant to these Terms (and in particular anything arising in clause 15), the Customer hereby irrevocable appoints the general manager of HNCD as its attorney in all things.

18.  ATTORNMENT

For the purpose of giving effect to the Customer's obligation pursuant to these Terms (and in particular anything arising in clause 15), the Customer hereby irrevocable appoints the general manager of HNCD as its attorney in all things.

19.  DISPUTES

The Customer agrees to pay into a trust account (earning market interest) in the joint names of HNCD and the Customer any amount claimed by HNCD as a condition precedent to disputing any such claim on the basis that upon a resolution; this clause shall operate as a bar to any defence and/or counterclaim by the customer until complied with.

20.  QUOTATIONS

Every quotation is an estimate only and is subject to withdrawal, corrections or alterations at any time prior to HNCD's acceptance of the Customer order.

21.  DEFAULTS

Upon any default or breach hereof by the Customer, HNCD may (inter alia) retain all monies paid and/or cease further deliveries and/or recover from the Customer all loss of profits arising and/or at HNCD's discretion take immediate possession of any product not paid for without prejudice to any other of its rights & without being liable in any way to any party.

22.  SUSPENSION OF WORKS

For the avoidance of doubt, the Customer has no claim against HNCD for liquidated damages (or otherwise) in the event that HNCD suspends the Works due to:

  • (a) non-payment by the Customer within the payment terms; or
  • (b) if the Customer exceeds its credit limit as outlined under its trading terms.

If the Works is delayed due to suspension by HNCD for non-payment or where the Customer exceeds its credit limit, the Customer shall have no recourse or claim against the Company (liquidated or otherwise), until such times that the Customer's credit account has been paid within the payment terms, and the balance is within the Customer's credit limit.

23.  ELECTRONIC SIGNING

The scanned signatures of the parties shall be deemed to constitute original signatures, and scanned copies hereof shall be deemed to constitute duplicate originals.

A signed copy of this Agreement transmitted by email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.

23.  SEVERABILITY

Any part hereof being a whole or part of a clause shall be capable of severance without affecting any other party of these terms.

23.  ELECTRONIC SIGNING

I/We agree that Blae Commercial Pty Ltd is covered by the National Privacy Principles. In the course of trading we may collect information about individuals. The information collected may be passed on to the following third parties, credit reporting agency, credit insurance organisation, finance company, cheques clearance facility organisation, credit bureau or trade reference information, sales department, debt collection company or manufacturers. If required; a copy of our Privacy Policy may be viewed by contacting our Privacy Officer on Ph: 02 9710 4155. All information collected will be held on file at Blae Commercial Pty Ltd and available for review if requested (on occasions there may be reasons where this is not possible.) Please ensure that the information provided is accurate. I/We agree for Blae Commercial Pty Ltd to exchange information to the above mentioned parties. I/We understand that failure to provide any information requested in this form, or agreement not given to any of the possible exchanges of information or uses detailed above, the application may be refused by Blae Commercial Pty Ltd.