ORDER ACCEPTANCE AND DELIVERY
All orders for Ulbrick Sound Equipment (hereinafter referred to as “equipment”) are accepted by R&D Music Pty Ltd subject to the customer agreeing to being bound by these terms and conditions. Any Other terms and conditions are superceded by these terms and conditions. R&D Music Pty Ltd will use reasonable endeavours to deliver orders accepted by R&D Music Pty Ltd as indicated however in no circumstances shall it be liable to the customer for late or non delivery.

PAYMENT
Full payment by credit card subject to its authorization or direct deposit into R&D Music Pty Ltd bank account is required with each order prior to delivery. Cheques to be made payable to R&D Music Pty Ltd and crossed “not negotiable”. For approved account customers payment of the total amount is due no later than 30 days from the date on the tax invoice / delivery note. Approved account customers may optionally elect to avail themselves of a 3% discount on the extended price (excluding GST, insurance and freight costs) by making full payment with each order prior to delivery.

ORDER AVAILABILITY, AMENDMENT, SUSPENSION AND CANCELLATION
R&D Music Pty Ltd shall fulfill orders received and accepted from the customer with current Ulbrick equipment however R&D Music Pty Ltd reserves the sole right to make equipment changes without notice to the customer where such changes are part of equipment enhancement or are due to variations in supplier equipment component sourcing.
Orders modified or cancelled by the customer after R&D Music Pty Ltd has accepted the order but prior to shipment to the customer shall incur a fee of 5% of the total amount of the order unless prior negotiation and agreement has been confirmed between R&D Music Pty Ltd and the customer.

BACK ORDERS
Ulbrick equipment not available at the time of order shall be accepted for back ordering where denoted by the customer on the order form.

ORDER DELIVERY
Where the customer elects to use R&D Music Pty Ltd nominated carrier the freight cost and insurance shall be included in the total amount on the tax invoice / delivery note. Should the customer nominate a specific carrier then the freight cost and insurance charge are the responsibility of the customer to make its own payment arrangements with the specific carrier nominated. Responsibility for insurance on equipment delivered to the carrier automatically passes onto the customer.

EQUIPMENT INSPECTION, DEFECTS AND NON-DELIVERY
The customer shall within 14 days of receipt of a delivery from R&D Music Pty Ltd notify R&D Music Pty Ltd of any defects or shortages of Ulbrick equipment supplied against the tax invoice accompanying the delivery.
R&D Music Pty Ltd at its sole discretion shall determine defects and elect to either repair or replace such defective equipment and notify the customer accordingly. Any liability of R&D Music Pty Ltd for non-delivery shall be remedied by R&D Music Pty Ltd by making good the delivery within a reasonable time or by giving a refund to the customer of any monies already paid against the non delivered equipment.

EQUIPMENT RETURNS AUTHORITY
The customer shall complete an equipment return authorization form. A return is to be received from the customer at R&D Music Pty Ltd nominated location within 28 days of the original delivery and in original packaging unaltered. The customer shall accept freight costs shipping to and from R&D Music Pty Ltd nominated location if the return is outside the 28 days.

RETENTION OF TITLE IN EQUIPMENT DELIVERED
Title in the equipment delivered to the customer shall only pass to the customer upon completion of full payment for the equipment delivered. R&D Music Pty Ltd reserved the right to reclaim the equipment delivered and unpaid if the customer invoice is not paid within the terms and conditions contained herein or as expressly agreed upon in writing between R&D Music Pty Ltd and the customer.

WARRANTY
Warranty shall be for the equipment delivered by R&D Music Pty Ltd as included with the equipment and in any event is limited in liability at R&D Music Pty Ltd discretion to the repair or replacement of the equipment within the warranty period.

LIABILITY
R&D Music Pty Ltd shall not be liable to the customer for any indirect or consequential damages loss or claims for consequential compensation howsoever arising out of or in connection with the use of equipment supplied. To the fullest extent permitted by law the customer releases R&D Music Pty Ltd and any associated entities from and against all liability whatsoever for any injury loss or damage sustained howsoever arising.

GENERAL WARRANTIES
The customer acknowledges it has no ownership or property rights in the intellectual property created developed and embodied in equipment supplied by R&D Music Pty Ltd. The customer shall forthwith provide R&D Music Pty Ltd with a copy of any notice or claim alleging infringement of intellectual property rights against the customer or against R&D Music Pty Ltd.

NOTICES AND VARIATIONS TO AN ORDER AND DELIVERY
All Communication pertaining to an order and supply of equipment must be confirmed in writing and signed by an authorised officer of the customer or R&D Music Pty Ltd and sent by post facsimile or signed email and takes effect from the date it is received by the recipient.

DISCLAIMER
R&D Music Pty Ltd equipment specification are subject to change without prior notice due to continuing development of equipment

FORCE MAJEURE
R&D Music Pty Ltd shall not be in breach of its performance of the fulfillment and delivery of an order if delays or failures are due to any cause or circumstance beyond R&D Music Pty Ltd reasonable control including but not limited to government actions war fire floods acts or terrorism import regulation or embargoes labour disputes or inability to obtain or a delay in obtaining suppliers of equipment components. R&D Music Pty Ltd may at its sole discretion delay performance of or cancel the whole of an order and delivery.

RELATIONSHIP
The relationship between R&D Music Pty Ltd and the customer is one of vendor and purchaser. The customer its agents employees under no circumstances are deemed as agents or representatives of R&D Music Pty Ltd and have no right to enter into any contract or commitment in the name of R&D Music Pty Ltd or otherwise bind to commit R&D Music Pty Ltd.

GOVERNING LAW AND JURISDICTION
This order and delivery is governed by the laws of the state of Victoria and may be enforced by action in a Victorian court of competent jurisdiction.