TERMS & CONDITIONS OF SALE

1. Definitions

1.1 Buyer means the person, company or entity purchasing Goods or Services from BuyLED Screens.

1.2 Seller means BuyLED Screens, its successors, assigns, employees, agents and contractors.

1.3 Goods means LED display screens, display systems, cabinets, modules, controllers, software, accessories, spare parts and associated products supplied by BuyLED Screens.

1.4 Services means installation, commissioning, configuration, programming, repair, maintenance, support, consulting and related services supplied by BuyLED Screens.

2. Acceptance of Terms

2.1 These Terms and Conditions apply to all quotations, orders, sales and supplies made by BuyLED Screens.

2.2 The Buyer is deemed to have accepted these Terms upon:

• accepting a quotation;
• placing an order;
• paying a deposit;
• accepting delivery; or
• engaging BuyLED Screens to supply Goods or Services.

2.3 Any terms proposed by the Buyer are expressly excluded unless accepted by BuyLED Screens in writing.

3. Quotations and Orders

3.1 Quotations are valid for thirty (30) days unless otherwise stated.

3.2 BuyLED Screens may amend or withdraw a quotation at any time prior to acceptance.

3.3 Orders become binding only upon written acceptance by BuyLED Screens.

3.4 BuyLED Screens reserves the right to refuse any order at its sole discretion.

3.5 Orders for custom-manufactured, imported, configured, special-order or non-stock Goods may not be cancelled once procurement, manufacturing or production has commenced.

4. Pricing and Payment

4.1 All prices are exclusive of GST unless otherwise stated.

4.2 BuyLED Screens may require payment of a deposit before procurement, manufacture, shipment or commencement of Services.

4.3 Deposits and progress payments are non-refundable to the extent reasonably necessary to compensate BuyLED Screens for costs incurred, commitments entered into, and losses arising from the relevant order, except where otherwise required by applicable law.

4.4 The Buyer must pay all invoices in accordance with the agreed payment terms.

4.5 BuyLED Screens may suspend delivery, installation, support, warranty services or further supply while any account remains overdue.

4.6 Interest may be charged on overdue amounts at the rate of 2% per month, calculated daily.

4.7 The Buyer must indemnify BuyLED Screens for all reasonable legal fees, collection expenses and debt recovery costs incurred in recovering overdue amounts.

5. Delivery and Lead Times

5.1 Any delivery date, lead time, installation date or completion date provided by BuyLED Screens is an estimate only.

5.2 Delivery schedules may be affected by:

• supplier delays;
• manufacturing delays;
• freight disruptions;
• customs clearance;
• labour shortages;
• governmental restrictions;
• weather events;
• force majeure events; or
• any other circumstance beyond BuyLED Screens’ reasonable control.

5.3 BuyLED Screens is not liable for delays in delivery or installation.

5.4 Delivery delays do not entitle the Buyer to:

• cancel an order;
• reject Goods;
• withhold payment;
• claim damages; or
• seek compensation.

5.5 Delivery is deemed completed when the Goods are:

• delivered to the nominated address;
• collected by the Buyer; or
• handed to a carrier, freight forwarder or transport provider.

6. Risk and Ownership

6.1 Risk in the Goods passes to the Buyer immediately upon delivery.

6.2 Ownership of the Goods remains with BuyLED Screens until all amounts owing to BuyLED Screens have been paid in full.

6.3 Until ownership passes, the Buyer must:

• keep the Goods identifiable;
• maintain the Goods in good condition;
• not create any security interest over the Goods; and
• keep the Goods insured for their full replacement value.

6.4 Subject to applicable law, BuyLED Screens may take reasonable steps to recover Goods for which title has not passed where payment remains outstanding.

6A. Security Interests

6A.1 The Buyer acknowledges that these Terms may create a security interest in favour of BuyLED Screens in the Goods and their proceeds.

6A.2 The Buyer agrees to do all things reasonably required by BuyLED Screens to protect, perfect, register, maintain or enforce any security interest arising under these Terms.

6A.3 The Buyer waives any right to receive notices or documents to the extent such waiver is permitted by law.

7. Inspection and Acceptance

7.1 The Buyer must inspect the Goods immediately upon delivery.

7.2 Any shortages, transit damage, visible defects or discrepancies must be reported to BuyLED Screens in writing within seven (7) days of delivery.

7.3 Failure to notify BuyLED Screens within seven (7) days will be deemed acceptance of the Goods for any visible shortages, transit damage or apparent defects, without limiting any rights the Buyer may have under applicable law.

8. Refunds, Returns and Cancellations

8.1 Except where otherwise required by applicable law, Goods may not be returned, cancelled or refunded except in accordance with this Clause 8.

8.2 Deposits and progress payments are non-refundable to the extent reasonably necessary to compensate BuyLED Screens for costs incurred, commitments entered into, and losses arising from the relevant order, except where otherwise required by applicable law.

8.3 Change-of-mind returns are not accepted.

8.4 Custom-manufactured, imported, configured, special-order or non-stock Goods cannot be returned or cancelled after order acceptance.

8.5 The Buyer’s sole contractual remedy for defective Goods shall be, at BuyLED Screens’ option:

• repair;
• replacement; or
• refund of the affected Goods.

8.6 Any approved refund shall not exceed the amount paid for the affected Goods and shall exclude freight, installation, labour, travel, customs duties, taxes, financing costs and all other third-party expenses.

8.7 No return of Goods will be accepted without the prior written approval of BuyLED Screens.

8.8 Except where otherwise required by applicable law, any approved return of Goods shall be at the Buyer’s sole cost, risk and responsibility. BuyLED Screens shall have no obligation to arrange, pay for or reimburse any packaging, freight, insurance, handling, customs duties, taxes, storage charges or other costs associated with the return of Goods.

8.9 Goods approved for return must be returned in their original condition and packaging and may be subject to a reasonable restocking fee reflecting actual handling, inspection, repackaging and administrative costs.

8.10 Returned Goods that are damaged, incomplete, altered, modified, improperly packaged, used, installed, or otherwise unsuitable for resale may be rejected by BuyLED Screens and returned to the Buyer at the Buyer’s sole cost, risk and responsibility.

8.11 Nothing in this Clause 8 is intended to exclude, restrict or modify any rights, guarantees, warranties, remedies or obligations that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law.

9. Product Tolerances and Display Variations

9.1 The Buyer acknowledges that LED display products may contain normal manufacturing tolerances.

9.2 Minor pixel defects, brightness variations, colour variations, uniformity variations and cosmetic differences that fall within generally accepted industry standards do not constitute defects.

9.3 Product photographs, renderings, brochures, specifications and marketing materials are illustrative only and may vary from the final Goods supplied.

10. Installation and Site Requirements

10.1 Unless expressly stated in writing, installation services are excluded.

10.2 The Buyer is responsible for:

• structural adequacy;
• engineering certification;
• building approvals;
• permits;
• electrical compliance;
• internet connectivity;
• crane access;
• safe site access; and
• workplace health and safety compliance.

10.3 Additional works, delays or costs arising from site conditions are the responsibility of the Buyer and may be charged separately.

10.4 BuyLED Screens may suspend installation where site conditions are unsafe or unsuitable.

11. Warranty

11.1 In addition to any rights available under applicable law, BuyLED Screens will pass through the benefit of any applicable manufacturer warranty.

11.2 Warranty claims must be submitted in writing and include:

• proof of purchase;
• serial numbers;
• photographs or videos; and
• a description of the alleged defect.

11.3 Warranty does not cover:

• accidental damage;
• misuse;
• abuse;
• neglect;
• vandalism;
• incorrect voltage;
• power surges;
• water ingress;
• weather exposure outside product specifications;
• unauthorised modifications;
• third-party repairs;
• improper installation; or
• normal wear and tear.

12. Software and Control Systems

12.1 Software, firmware and control systems remain subject to the intellectual property rights and licence terms of their respective owners.

12.2 BuyLED Screens does not warrant compatibility with third-party hardware, software platforms or future software updates unless expressly agreed in writing.

13. Limitation of Liability

13.1 To the maximum extent permitted by law, BuyLED Screens excludes liability for:

• loss of profits;
• loss of revenue;
• loss of business;
• loss of contracts;
• loss of opportunity;
• business interruption;
• indirect loss;
• consequential loss;
• special loss; and
• incidental damages.

13.2 To the extent permitted by law, BuyLED Screens’ total aggregate liability arising out of or in connection with the supply of Goods or Services shall not exceed the amount paid by the Buyer for the specific Goods or Services giving rise to the claim.

13.3 The Buyer acknowledges that these limitations are fair and reasonable having regard to the nature and value of the transaction.

13.4 Subject to any rights that cannot be excluded under applicable law, the remedies described in Clause 8 represent the Buyer’s sole contractual remedies against BuyLED Screens.

14. Indemnity

14.1 The Buyer indemnifies BuyLED Screens against losses, claims, liabilities, damages and expenses arising from:

• misuse of the Goods;
• negligent operation;
• unauthorised modifications;
• third-party installation;
• unlawful conduct by the Buyer; or
• breach of these Terms by the Buyer.

15. Force Majeure

15.1 BuyLED Screens is not liable for any delay or failure in performance arising from events beyond its reasonable control, including:

• natural disasters;
• floods;
• fires;
• pandemics;
• war;
• civil unrest;
• government restrictions;
• transport interruptions;
• utility failures;
• labour shortages; or
• supplier failures.

16. Consumer Rights

16.1 Nothing in these Terms excludes, restricts or modifies any rights, guarantees, warranties or remedies that cannot lawfully be excluded, restricted or modified under applicable consumer protection laws.

16.2 Where permitted by law, BuyLED Screens may elect to:

• repair Goods;
• replace Goods;
• resupply Services; or
• pay the cost of repairing, replacing or resupplying the relevant Goods or Services.

17. Governing Law

17.1 These Terms and any dispute arising from or connected with them are governed by the laws of New South Wales, Australia.

17.2 The parties submit to the exclusive jurisdiction of the courts of New South Wales and any courts hearing appeals from those courts.

18. Customer Acknowledgement

18.1 By accepting a quotation, paying a deposit, placing an order, accepting delivery or engaging BuyLED Screens to provide Goods or Services, the Buyer acknowledges that it has read, understood and agreed to these Terms and Conditions.