1300 398 221

33 Planthurst Road
Carlton NSW 2218

National Two-Way Radio Dealer

Terms & Conditions

Conditions of Hire

These conditions of hire form part of the contract between Digicom Wireless Pty Limited ABN 74 145 321 366 (“Digicom”) and the person, company or other entity which hires equipment from Digicom (“the Hirer”).
1. HIRE CONTRACT
1.1 On each occasion that the Hirer obtains equipment from Digicom, a contract is formed between Digicom and the Hirer, relating to the equipment set out in the initial tax invoice. Such contract is subject to these conditions of hire.
2. HIRE CHARGES
2.1 The Hirer shall pay Digicom’s hire charges, as set out in the initial tax invoice
2.2 Such charges shall be paid on or before the time when the equipment is supplied to the Hirer, unless Digicom agrees to open a credit account for the Hirer. If Digicom agrees to open a credit account for the Hirer, Digicom shall issue monthly invoices to the Hirer, and the Hirer shall pay those invoices within 7 days of the respective dates of those invoices.
2.3 All other monies payable to Digicom pursuant to these conditions of hire shall be paid within 7 days of Digicom issuing an invoice for those monies.
2.4 The Hirer shall be entitled to no credit for returning equipment earlier than the date on which it was due to be returned, unless otherwise agreed in writing by Digicom.
3. HIRE PERIOD
3.1 The Hirer shall be entitled to possession of the equipment from the delivery date shown in the initial tax invoice until the return date shown in that invoice.
3.2 If any equipment is not returned by the return date referred to in clause 3.1, then the Hirer shall pay additional charges for the equipment until the equipment is returned, calculated by Digicom at the same rate per day as Digicom calculated the charges in the initial tax invoice.
3.3 For the purposes of determining the return date, if equipment is due to be returned at a time on a given date, and is returned on that date, but more than 4 hours after that time, than it shall be deemed to have been returned on the following day.
4. CARE OF EQUIPMENT
4.1 Throughout the hire period, the Hirer shall take reasonable and proper care for the equipment, including keeping it in a safe place, and not exposing it to rain, chemicals, excessive heat, excessive cold, or any other conditions which may reasonably be expected to damage the equipment.
4.2 The Hirer shall follow all instructions communicated by Digicom relating to the use and care of the equipment.
4.3 The Hirer shall notify Digicom in writing of any loss of, damage to or malfunction of any of the equipment as soon as is reasonably possible.
4.4 The Hirer shall not sell, assign, transfer or part with possession of the equipment, other than by returning it. The Hirer shall not be entitled to assign any of its rights under this agreement.
5. LOSS OF OR DAMAGE TO EQUIPMENT
5.1 The Hirer shall have the responsibility to return the equipment to Digicom in the same condition as it was when Digicom provided it to the Hirer.
5.2 The Hirer shall be responsible for paying Digicom’s charges for any loss of or damage to the equipment. Such charges shall be calculated by Digicom as being its costs of repairing or replacing the equipment, plus an amount calculated by Digicom as being the money it would have earned from hiring the equipment, had it not been lost or damaged. The cost of replacing equipment shall be deemed to be the retail price of that equipment at the time of the loss, as calculated by Digicom.
5.3 If any of the equipment is lost during the hire period, then the hire charges shall continue to be payable pursuant to clause 3.2. However, any charges paid by the Hirer for the period after the date of the notification referred to in clause 4.3 shall be deducted from the monies otherwise payable under clause 5.2.
5.4 If the equipment is not returned within 7 days of the date on which it is due to be returned then, unless Digicom otherwise agrees in writing, the equipment shall be deemed to have been lost, and clauses 5.2 and 5.3 shall apply.
6. LIMITATION OF LIABILITY
6.1 Digicom, its servants and agents shall have no liability, by way of contract, tort or otherwise to the Hirer in respect of the equipment including any malfunction of the equipment, or any failure of the equipment to fulfil any particular function.
6.2 Without limiting clause 6.1, Digicom its servants and agents shall have no liability to Digicom in respect of any indirect or consequential loss or damage, including any claim for loss of profit.
6.3 To the extent that the liability of Digicom to the Hirer pursuant to clauses 6.1 or 6.2 of this agreement, cannot be excluded by law, then such liability shall be limited to replacing the relevant equipment.
7. PERSONAL GUARANTEE
7.1 Where the Hirer is a company, the person or persons who order the equipment from Digicom hereby personally guarantee to Digicom the due performance by the Hirer of all of the Hirer’s obligations under this agreement.
8. APPLICABLE LAW AND JURISDICTION
8.1 This agreement shall be governed by the laws of New South Wales, Australia
8.2 The parties submit to the jurisdiction of the courts of New South Wales in relation to any dispute arising under this agreement.
9. INTERPRETATION
In this agreement, unless the context otherwise requires:-
9.1 Expressions indicating the singular number shall be capable of indicating the plural number and vice versa.
9.2 Expressions indicating natural persons shall also be capable of indicating bodies corporate and vice versa.
9.3 Headings shall not form part of this agreement and shall not be relevant to the construction hereof.
9.4 In the event that any of the provisions of this agreement are unenforceable, then the other provisions of this agreement shall remain of full force and effect.
10. DEFINITIONS
10.1 In these conditions of hire, the following terms have the following meanings;
“Equipment” means the equipment hired by the Hirer from Digicom as referred to in these conditions of hire.
“Hire period” means the period from the delivery date shown on the initial tax invoice until the equipment is returned.
“Initial tax invoice” means the invoice issued by Digicom to the Hirer at the time when the equipment is provided to the Hirer.
“Returned”. The equipment is deemed to be returned when it is delivered to Digicom’s premises or is collected by a courier on behalf of Digicom. All other grammatical forms of the words “return” shall have a corresponding meaning.

Conditions of Sale

These conditions of sale form part of the contract between Digicom Wireless Pty Limited ABN 74 145 321 366 (“Digicom”) and the person, company or other entity that purchases Equipment from Digicom (“the Purchaser”).
1. SALE OF EQUIPMENT
1.1 Digicom hereby agrees to sell and the Purchaser agrees to purchase the Equipment upon the terms of the Contract Documents.
1.2 Digicom shall have the right to substitute other items of Equipment in place of any item of Equipment referred to in the Contract Documents, provided that this does not adversely affect the functioning of the Equipment, if it needs to do so in order to supply and commission the Equipment without delay.
2. CONSIDERATION
2.1 In consideration of the obligations of Digicom under this agreement, the Purchaser shall pay the Price to Digicom in accordance with clause 2.2.
2.2 The Purchaser shall pay the Price as follows:
2.3 If Digicom is satisfied that the Purchaser is based in Australia, then the Purchaser shall pay the Price within 14 days of the invoice that relates to such Equipment, unless otherwise agreed in writing between the parties; and
2.4 If Digicom is not satisfied that the Purchaser is located within Australia, then the Purchaser shall make such payment in full immediately upon the Purchaser ordering the Equipment.
2.5 Notwithstanding the provisions of clause 9 hereof, the Price and any other amounts payable by the Purchaser to Digicom shall be paid without deduction or setoff.
3. INTEREST
3.1 If any payment by the Purchaser is not made as and when it falls due, the Purchaser must pay to Digicom interest at the Interest Rate on such amount as time from time remains unpaid. Such interest is payable on demand by Digicom.
3.2 If the Purchaser breaches clause 2 or clause 3 hereof in any respect, then all amounts payable at such time or in the future shall become immediately due and payable to Digicom.
3.3 In the case of default by the Purchaser in observing or performing any of its obligations pursuant to the Contract Documents contained or implied, the Purchaser shall pay to Digicom all legal and other costs, charges and expenses for which Digicom shall become liable in consequence of or in connection with such default, with such legal costs payable on a solicitor-client basis.
4. CARE OF EQUIPMENT
4.1 Throughout the Credit Period:
4.1.1 the Purchaser shall take reasonable and proper care of the Equipment, including keeping it in a safe place, and not exposing it to rain, chemicals, excessive heat, excessive cold, or any other conditions which may reasonably be expected to damage the Equipment;
4.1.2 the Purchaser shall follow all instructions communicated by Digicom relating to the use and care of the Equipment;
4.1.3 the Purchaser shall notify Digicom in writing of any loss of, damage to or malfunction of any of the Equipment as soon as is reasonably possible; and
4.1.4 the Purchaser shall not sell, assign, transfer or part with possession of the Equipment, other than by returning it. The Purchaser shall not be entitled to assign any of its rights under this agreement.
5. FREIGHT AND OTHER COSTS
5.1 The Purchaser shall pay upon demand by Digicom:
5.1.1 All freight, insurance or any similar costs or charges that relate to the Equipment or its delivery, unless otherwise agreed in writing between the parties; and
5.1.2 Any other duty, costs, tax (including GST), charges or expenses of whatsoever nature levied or charged directly or indirectly in connection with the supply of the Equipment.
6. LIMITATION OF LIABILITY
6.1 Digicom, its servants and agents shall have no liability, by way of contract, tort or otherwise to the Purchaser in respect of the Equipment including any malfunction of the Equipment, or any failure of the Equipment to fulfil any particular function.
6.2 Without limiting clause 6.1, Digicom and its servants and agents shall have no liability to Digicom in respect of any indirect or consequential loss or damage, including any claim for loss of profit.
6.3 To the extent that the liability of Digicom to the Purchaser pursuant to clauses 6.1 or 6.2 of this agreement cannot be excluded by law, then such liability shall be limited to replacing the relevant Equipment.
7. PERSONAL GUARANTEE
7.1 Where the Purchaser is a company, the person or persons who order the Equipment from Digicom hereby personally guarantee to Digicom the due performance by the Purchaser of all of the Purchaser’s obligations under this agreement.
8. RETENTION OF TITLE
8.1 The terms used in this clause 8 shall have the same meaning as contained in the PPSA.
8.2 If Digicom determines that a Transaction Document is or contains a Security Interest, then the Purchaser agrees to do anything that Digicom reasonably requires (such as obtaining consents, signing and producing documents, having documents completed and signed and supplying information) for the purposes of;
8.2.1 Ensuring that the Security Interest is enforceable, perfected (including, where possible, by control in addition to registration) and otherwise effective.
8.2.2 Enabling Digicom to apply for any registration, or give any notification, in connection with the Security Interest to the effect that the Security Interest has the priority required by Digicom. This includes registration under the PPSA for such collateral class as Digicom shall deem appropriate. The Purchaser consents to any such registration or notification and agrees not to make an Amendment Demand.
8.2.3 Enabling Digicom to exercise rights in connection with the Security Interest.
8.3 Digicom shall not be liable to the Purchaser for any failure by Digicom to register a financing statement or for any error or omission in the financing statement.
8.4 The Purchaser agrees that, despite any other provision in any Transaction Document and to the extent permitted by law, in relation to any Security Interest in Digicom’s favour;
8.4.1 Digicom need not comply with sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4) and such other sections of the PPSA as are notified to the Purchaser by Digicom and the Purchaser further acknowledges that sections 142 and 143 of the PPSA are excluded.
8.4.2 Neither Digicom nor any receiver in relation to Digicom shall be required to give any notice under any provision of the PPSA.
8.5 The Purchaser warrants to Digicom that it will not perform any act or execute any document or otherwise cause or establish any encumbrance over or in relation to the Equipment.
8.6 The Purchaser and Digicom agree that, notwithstanding the degree of annexation of the Equipment to any other property, the Equipment shall remain the property of Digicom during the Credit Period, and shall not be deemed to form part of the property to which it is annexed. If, notwithstanding the foregoing, the Equipment is deemed to form part of any other property to which it is affixed or annexed, the Purchaser shall not have any ownership or similar rights in relation to the Equipment, and shall permit Digicom, at the expense of the Purchaser, to remove the Equipment from such property to which it is annexed or affixed.
8.7 The Purchaser and Digicom agree that all goods the subject of any hiring, sale or other agreement between the Purchaser and Digicom shall remain the property of Digicom until all amounts payable in relation to any such goods has been paid by the Purchaser to Digicom.
8.8 The Purchaser hereby charges to Digicom to secure the payment of the Price and all other monies paid or payable to Digicom the whole of the assets and undertakings of the Purchaser. Such charge constitutes a fixed charge on the plant, fixtures and fittings of the Purchaser, and is otherwise a floating charge.
9. RETURNS AND CLAIMS
9.1 At any time after receipt of the Equipment, the Purchaser may send an email to sales@digicomwireless.com.au , requesting a Return Authority.
9.2 The Purchaser may notify Digicom in writing within 7 days of the date of the invoice in relation to Equipment purchased by the Purchaser or within 10 days after the Equipment is shipped or sent by Digicom to the Purchaser (which ever period ends later) that the Equipment does not comply with the Terms Sheet.
9.3 If the Purchaser does not serve the notice referred to in clause 9.2 within the period referred to in clause 9.2 then the Purchaser is deemed to accept the Equipment in all respects.
9.4 If the Purchaser submits a Valid Claim Notice and specifies the CRA number on all packaging and returns the Equipment to Digicom together with a copy of the original invoice, then Digicom must, within a reasonable time, inspect the Equipment and determine whether, in Digicom’s opinion, the Equipment does not comply with the Terms Sheet. If Digicom determines that it does not so comply, then, to the extent that it does not so comply, Digicom will credit the Purchaser’s account within 14 days of such determination by an amount equivalent to the Price.
9.5 The Credit Note or any other amount payable or owing to the Purchaser by Digicom shall be reduced, in the event that, in Digicom’s opinion, the Equipment has not been returned in its original condition, by the higher of:
9.5.1 20% of the Price; or
9.5.2 The cost to Digicom of restoring the goods to their original condition.
9.6 If the Purchaser purports to submit a notice pursuant to clause 9.2, and the notice does not comply with clause 9.4 or, in Digicom’s opinion, the claim is not valid or in any other respect does not comply with this clause 9, then the Purchaser shall pay upon demand to Digicom a process fee in the sum of $97.50 plus GST in respect of such purported claim. Digicom shall not be required to carry out any further repairs or diagnoses in respect of such purported claim unless arrangements to the satisfaction of Digicom are made in respect of the Purchaser compensating Digicom in respect of such repairs or diagnosis.
9.7 Where the Purchaser obtains goods or services from Digicom as a consumer, within the meaning of the Australian Consumer Law, the following provisions of this clause 11.3 shall apply:
9.7.1 Such goods and services are supplied subject to the guarantees set out in Division 1 of the Australian Consumer Law (“the Guarantees”), subject to clauses (ii) and (iii);
9.7.2 In the case of goods, the liability of Digicom for failure to comply with a guarantee (other than a guarantee under section 51, 52 or 53 of the Australian Consumer Law) is limited to the replacement of the goods or the supply of equivalent goods;
9.7.3 In the case of services, the liability of Digicom for failure to comply with a guarantee is limited to the supply of the services again; and
9.7.4 This clause 9.6 prevails over all other provisions of this agreement.
10. INSURANCE
10.1 This clause applies if the box marked “insurance” on the Terms Sheet is marked “yes”.
10.2 The Purchaser shall pay, in addition to the Price, an additional amount representing 17.5% of the Price.
10.3 In the event that the Equipment is lost or damaged, the liability of the Purchaser to Digicom shall be limited to the greater of $350.00 per event per item of Equipment or 40% of the Price, whichever is greater.
11. APPLICABLE LAW AND JURISDICTION
11.1 This agreement shall be governed by the laws of New South Wales, Australia
11.2 The parties submit to the jurisdiction of the courts of New South Wales in relation to any dispute arising under this agreement.
12. INTERPRETATION
In this agreement, unless the context otherwise requires:-
12.1 Expressions indicating the singular number shall be capable of indicating the plural number and vice versa.
12.2 Expressions indicating natural persons shall also be capable of indicating bodies corporate and vice versa.
12.3 Headings shall not form part of this agreement and shall not be relevant to the construction hereof.
12.4 In the event that any of the provisions of this agreement are unenforceable, then the other provisions of this agreement shall remain of full force and effect.
13. DEFINITIONS
13.1 In these conditions of hire, the following terms have the following meanings;
“Australian Consumer Law” means schedule 2 of the Competition and Consumer Act 2010.
“Contract Documents” means these terms and conditions, and the Terms Sheet.
“CRA Number” means a number specified in a return Authority as the “CRA Number” in respect of the equipment supplied by Digicom to the Purchaser.
“Credit Period” means the period commencing on the date of this agreement, and ending when Digicom has been paid in full by the Purchaser for the Equipment and has paid any other amounts outstanding, such as interest pursuant to clause 3.
“Equipment” means the Equipment purchased by the Purchaser from Digicom as referred to in the Terms Sheet.
“Interest Rate” means the interest rate charged by Commonwealth Bank overdraft facilities on amounts under $20,000.00 plus 2%.
“PPSA” means the Personal Properties Security Act 2009, the Personal Properties Regulations 2010, as amended or replaced from time to time.
“Price” means the amount payable by the Purchaser as specified in the Terms Sheet.
“Return Authority” means an email sent by Digicom to the Purchaser entitled “Return Authority” and specifying a CRA number.
“Security Interest” has the meaning given to it in the PPSA.
“Tax Invoice” means the invoice issued by Digicom to the Purchaser at the time when the Equipment is provided to the Purchaser.
“Terms Sheet” means the document annexed hereto or otherwise supplied by Digicom to the Purchaser, specifying the Equipment to be purchased and other relevant details.
“Transaction Document” means these terms and conditions, any other agreement between Digicom and the Purchaser and any documentation associated with or related to any transaction between Digicom and the Purchaser.
“Valid Claim Notice” means the notice referred 9.1, specifying the invoice number that relates to such Equipment and the date of such invoice, and stating in reasonable detail the reason for the claim.