TERMS AND CONDITIONS (TERMS OF TRADE)

1. SCOPE OF AGREEMENT
These Terms apply to all goods and services supplied by Xi Tech ("The Provider") to the Customer. By requesting a quote, booking a service, or accepting delivery of goods, the Customer agrees to be bound by these Terms.

2. QUOTATIONS AND PRICING

2.1 All quotes are valid for 30 days unless otherwise stated. 2.2 Prices are exclusive of GST unless otherwise specified. 2.3 The Provider reserves the right to adjust pricing if the scope of work changes or if third-party costs (e.g., hardware or licensing) increase by more than 10%.

3. PAYMENT TERMS

3.1 Services: Payment is due within 14 days of the invoice date. 3.2 Hardware/Products: Full payment is required prior to delivery or installation unless credit terms have been approved in writing. 3.3 Late Payment: The Provider may charge interest on overdue accounts at a rate of 10% per annum, calculated daily. The Customer is liable for all debt collection and legal costs.

4. RETENTION OF TITLE (PPSA)

4.1 Ownership of any goods or hardware remains with the Provider until the Customer has paid all invoices in full. 4.2 The Customer grants the Provider a Purchase Money Security Interest (PMSI) in the goods under the Personal Property Securities Act 2009 (Cth).

5. INTELLECTUAL PROPERTY (IP)

5.1 All IP created by the Provider (including software code, designs, and recordings) remains the property of the Provider.

5.2 Upon full payment, the Customer is granted a non-exclusive, non-transferable license to use the IP for its intended business purpose.

6. WARRANTIES AND RETURNS

6.1 Services: The Provider will perform services with due care and skill in accordance with the Australian Consumer Law.

6.2 Hardware: Manufacturer warranties apply. The Provider is not liable for faults caused by third-party software or unauthorised tampering.

7. LIMITATION OF LIABILITY

7.1 To the extent permitted by law, the Provider’s liability is limited to:

  • (a) The resupply of the services; or

  • (b) The payment of the cost of having the services supplied again. 7.2 The Provider is not liable for any consequential loss, loss of data, or loss of profits.

8. TERMINATION

Either party may terminate the arrangement with 30 days' written notice. If the Customer terminates, they must pay for all work performed and costs incurred up to the date of termination.

9. GOVERNING LAW

These Terms are governed by the laws of Queensland, Australia.

Why these specific clauses protect you:

1. The PPSA (Clause 4)

In Australia, if you install $5,000 worth of CCTV or VoIP gear and the client goes bust, the liquidator will take your gear unless you have this "Retention of Title" clause. It proves the equipment is still yours until the final cent is paid.

2. Debt Collection (Clause 3.3)

Without this, if a client refuses to pay a $2,000 bill, you have to pay the debt collector out of your own pocket. This clause forces the customer to pay your legal and collection fees