Terms and Conditions of Sale
The goods and services on this Website are offered for sale by
proconX Pty Ltd (ACN 104 080 935, ABN 83 380 085 230) from its offices in
Brisbane of Queensland of Australia.
Products sold are for commercial use.
By completing the checkout on this Website or by sending us a written
purchase order, you ("Buyer") are offering to make a contract to purchase goods or
services from proconX Pty Ltd ("PROCONX"). If we accept your offer,
the goods and services will be sold on the basis of the Terms and
Conditions set out below. Please read these terms carefully.
The Prices listed are subject to changes, any time, at the discretion of
PROCONX without prior notice to the Buyer. Our Prices
are updated regularly according with the Australian Dollar, US Dollar and
Euro exchange rates.
The Prices to be paid by the Buyer for all Products will be PROCONX' current
selling price on the date of receipt by PROCONX of the Order, less any
applicable discounts in effect at that time or as set out in a written
offer or quotation made by PROCONX.
All Orders for tangible goods will attract a shipping charge as set out on
the Shipping Information page of the Website's checkout or as set out
in a written offer or quotation made by PROCONX.
Some Payment Methods may incur a surcharge as set out on the Payment
Information page of the Website's checkout or as set out in a written
offer or quotation made by PROCONX.
The Prices do not include Australian goods and services tax (GST).
For domestic Orders GST will be charged at the applicable rate unless
exemption is claimed at the time of order. Goods ordered from outside
Australia are not subject to GST.
The Prices do not include insurance nor customs duties, taxes or other
inbound government charges or fees levied at the point of entry in
countries outside Australia. Customs duties, taxes and inbound government
charges are the purchasers responsibility and must be paid by you at the
time of delivery of the Products.
PROCONX will not be responsible for errors in pricing that appear on the
Site. PROCONX will notify a Buyer in the event of a pricing error
before an Order is delivered and the Buyer will have the opportunity to
cancel its Order within a reasonable time.
All Orders are subject to acceptance by PROCONX.
PROCONX will send the Buyer a confirmation email acknowledging the Products
ordered as soon as possible after the Buyer places an Order. If PROCONX
does not accept the Buyer's Order for any reason, it will inform the Buyer
by email in the same manner.
Certain Products sold by PROCONX and other related technology and
documentation are subject to export control laws, regulations and orders
of the United States and the export and/or import control laws and
regulations of other countries including Australia.
Buyer will not directly or indirectly export any Products to any third
party or country where such export or transmission is restricted or
prohibited. Buyer agrees it is responsible to obtain any license to
export, re-export, or import as may be required.
Requests for cancellation will be considered on a case-by-case basis and
PROCONX will exercise its sole discretion in determining whether an Order
validly placed may be cancelled. PROCONX reserves the right to charge a 10%
cancellation fee to cover administrative costs for any Orders cancelled
prior to the despatch of the Order.
Terms are strictly net and payment must accompany an Order,
unless agreed otherwise.
Buyer must pay in the currency invoiced.
Accepted payment instruments are Bank Transfer into our nominated bank
account, PayPal, VISA and MasterCard credit cards, Company Cheque (no
personal cheques) and Western Union Money Order.
Certain payment instruments may incur a surcharge when placing the Order.
This surcharge reflects the additional costs imposed on us by the
payment instrument provider.
In case of international bank transfers, all foreign and correspondence
bank charges are to the Buyers account and must not be deducted from the
The Buyer's banks may charge the Buyers account additional international
transactions fees and currency conversion fees which are the Buyers
Availability of Products
PROCONX appreciates your interest in its Products and will endeavour to make
the Products available for purchase at all times. From time to time,
however, heavy demand, manufacturing and supplier delays or other factors
beyond the control of PROCONX may render the Products temporarily or
permanently unavailable. We will endeavour to notify you if this will
affect your Order in any way.
PROCONX may in its absolute discretion decline to supply the Products where
- the Products are unavailable for any reason;
- an Order placed through the Website has not been
received for any reason; or
- full payment for the Products has not been received within
reasonable time after ordering the Products.
Goods will not ship and ordered Downloads not made available until we
receive full payment of the invoiced amount and in case of cheque payment,
the cheque has been cleared by our bank.
Products marked as "Electronic Delivery Method" are made available as Web
Download after verification of payment from our Website. We do not ship
boxed versions of software which is marked as "Electronic Delivery Method".
Domestic Orders (delivery addresses within Australia) are despatched via
Australia Post or a courier service of our choice unless otherwise agreed.
We will endeavour to ship your Order within five (5) days of your Order
being received, subject to availability and time of ordering. You will
receive an email notifying you of the date of despatch of your Order.
International Orders (delivery addresses outside Australia) are
despatched via Australia Post. Air mail delivery time is 10-20 days from
the date of ordering to locations in New Zealand, Canada, the
USA and the European Union.
Express Courier (EMS) delivery time is 3-5 days from the date of ordering.
We will endeavour to deliver in accordance with these estimated time frames,
however as we are reliant on Australian and international postal
schedules to specific locations it is unable to guarantee specific
delivery dates for Products ordered. Delivery later
than these estimated times will not constitute a valid reason for returns
or refunds for Products. In particular, normal time frames may be
exceeded where remote locations are involved.
We reserve the right to make partial delivery of an Order.
Title and Risk
Risk in the Products will pass to you upon despatch of the Products from
our premises in Australia. Notwithstanding the passing of risk,
title in the Products delivered will not be passed to you until all
amounts payable by you have been paid in full.
Title to software will remain with the applicable licensor(s).
Where PROCONX agrees to store or hold on consignment
goods on behalf of the Buyer, all risk remains with the Buyer.
Any goods so held are to be insured for full purchase value by the
We offer a 7-day return policy
for all Products provided the
goods are returned freight prepaid and in "as new" condition. The
following conditions relating to the return of goods for credit apply to
all goods returned for this purpose:
- All claims must be submitted in writing within 7 days of delivery.
- Goods returned must be accompanied by a delivery docket stating
original invoice number, date of purchase and reason for return and
a copy of the original invoice.
- Non standard equipment made to special Order cannot be credited under
- In case of a boxed software Product, the shrink wrapped
package must not be opened.
- All goods returned must be in original packaging and
include all, accessories manuals and instructions.
- Returned goods will be subject to count & inspection before credit is
passed. Where goods are returned for reasons other than faulty, damaged
or incorrectly delivered goods, the Company reserves the right to apply a
re-stocking fee of 15% of the sale price of the returned goods.
- Inward freight, packing and delivery charges are the responsibility of
the purchaser. If not prepaid by the purchaser, freight will be deducted
from the amount of the credit.
As a special condition our FieldTalk™ software
products include a 30-day Money Back Guarantee for all orders placed by end-users through our web site.
Reseller and distributor orders and orders placed by purchase order are excluded.
In order to claim the 30-day Money Back Guarantee we require a written
claim within 30 days of the software made available to you.
It must be accompanied by a confirmation that all copies of the delivered
software have been destroyed.
All software provided is subject to the terms and conditions of the
license agreement relating to that software. Buyer acknowledges its
obligations to abide by such license agreements. Buyer acknowledges
that PROCONX does not warrant any software under these Terms and
Conditions. All software is warranted in accordance with the license
agreement that governs its use.
non - proconX Products
Non-proconX manufactured products will be covered by that specific
manufacturer's warranty, terms and conditions that accompanies the
Product. Please refer to the manufacturer's Website for their specific
PROCONX makes no additional or independent warranty. PROCONX does not
warrant the performance, compatibility, integrity, merchantability and
fitness for a particular purpose of any Product, but merely passes through
to the Buyer whatever end-user warranty the manufacturers or software
publishers provide with their respective products.
Each and every proconX manufactured unit sold by PROCONX is warranted
to be free from defects in materials and workmanship under normal use and
service for a period of twelve months from the date of sale. This
warranty covers defective parts and workmanship provided that the
defective parts shall be shipped prepaid to PROCONX for examination
within twelve months of purchase of goods. This warranty is limited to
the repair or replacement (at PROCONX' option) of parts and shipping
prepaid to the original despatch destination.
We regret that no liability can be accepted for consequential or special
damages of any kind howsoever arising in connection with Products supplied
by PROCONX, including, but not limited to:
- costs incurred for removal or re-installation of a Product
- any Product or part thereof which has suffered through normal wear
and tear, alteration, improper installation, physical abuse, misuse,
neglect or accident.
This warranty is in lieu of all other warranties expressed or implied. No
representative is authorised to assume for PROCONX any other liability
in connection with PROCONX' Products.
The Buyer is responsible for ensuring that the Product is suitable for
their application, and nothing provided by PROCONX is to be considered as
professional advice in this regard. In the case of errors or omissions in
the information provided by PROCONX, whether or not caused by negligence,
the total liability of PROCONX to the Buyer will be limited to refunding the
Any typographical, clerical or other error or omission in sales material,
PROCONX' websites, price lists, acceptance of offer, invoice or other documents
or information issued by PROCONX shall be subject to
correction without any liability on the part of PROCONX.
PROCONX will not be liable for lost profits, loss of business or other
consequential, special, indirect, or punitive damages, even if advised of
the possibility of such damages, or for any claim by any third party
except as expressly provided herein. PROCONX will not be liable for
products or services not being available for use or for lost or corrupted
data or software. Buyer agrees that for any liability related to the
purchase of products or services, PROCONX is not liable or responsible for
any amount of damages above the aggregate dollar amount paid by Buyer for
the purchase(s) under this agreement.
PROCONX does not warrant that the products and designs
do not infringe the patent or other intellectual property rights of third
PROCONX shall not be liable for any delay or failure to
perform its obligations if such failure was caused by any event for which
PROCONX could not reasonably have exercised control.
Use of Products
The Products are not authorised for use in critical safety or other
applications where a failure may reasonably be expected to result in
personal injury, loss of life, or catastrophic property damage. If
Buyer uses or sells the Products for use in any such applications,
Buyer acknowledges that such use or sale is at Buyer's sole risk.
Buyer agrees to indemnify, defend and hold PROCONX and the Product
manufacturer harmless from and against any and all liabilities and costs
arising out of or in connection with such use or sale.
Amendments to the Conditions
PROCONX may amend these Terms and Conditions at any time by giving
Buyer notice by mail, email or by posting a notice on PROCONX' Website.
By continuing to place Orders for Products,
Buyer will be deemed to have accepted the revised Terms and Conditions.
If any provision of these Terms and Conditions is unenforceable or void
either in whole or in part for any reason then that provision (or part) is
deemed to be deleted without in any way affecting the validity or
enforceability of the remainder of this document.
These Terms and Conditions represent the complete Agreement
between PROCONX and the Buyer covering the sale of Products. Except for
terms implied by applicable legislation, PROCONX does not offer or agree to
any conditions, warranties, guarantees or representations relating to the
quality, description or performance characteristics of the Products other
than those set out in these terms.
Buyer may not assign or attempt to assign any of its rights and
obligations under these Terms and Conditions.
Governing Law and Jurisdiction
These Terms and Conditions will be construed in accordance with
and governed by the laws of the State of Queensland of Australia, without
regard to conflicts of laws principles, and any legal action or proceeding
relating to the same shall be brought exclusively in a state or federal
court in Brisbane of Australia. Further, you agree to submit to the
jurisdiction and venue therein.
All sales shall be deemed made in the State of Queensland of Australia
regardless of the location of the Buyer. If you choose to place order
from outside Australia you do so of your own initiative and are solely
responsible for your compliance with applicable local laws and
Version 1.6, 2012/10/09