About Us

SBC is fully owned Australian broadcast business with sales and manufacturing/design offices based in Sydney. The company comprises two business units, SBC Broadcast and LCD Accessories.

Company details:

Sydney Broadcasting Company Pty. Ltd. (Trading as SBC Pty Ltd)

ACN: 150 880 112

ABN: 19 150 880 112

LEGAL NOTES - Trading Terms and Conditions

SBC

Sydney Broadcasting Company -  SBC Pty. Ltd.

General Terms and Conditions of Sale

The following conditions will apply to all Quotations and all sale transactions unless otherwise agreed in writing.

1.      INTERPRETATION

In these conditions of sale:

"SBC" means Sydney Broadcasting SBC Pty Ltd (known here as SBC Pty Ltd)

SBC Pty Ltd – ACN: 150 880 112 and ABN: 19 150 880 112

"Goods" means any goods supplied by the SBC;

"Purchaser" means a party addressed in written quotation prepared by the SBC for a Purchaser in respect of Goods.

By placing an official order on SBC the Purchaser accepts herewith outlined General Terms and Conditions of sale in full.

2.      PRICES

Quotations are open to acceptance for a period of thirty (30) days from the date of issue. After which they shall be subject to written confirmation, unless it is stated on the Quotation that it is subject to adjustment in accordance with variations in the current market prices, which may occur on or before the date of dispatch.

3.      MINIMUM INVOICE VALUE

A minimum charge per account invoice of 50 dollars ($50.00) (excluding sales tax, delivery fees and other charges) will apply to all sale transactions.  Should the total value of any account invoice be less than 50 dollars ($50.00) the SBC reserves the right to impose an accounting surcharge to result in an invoice value of the minimum amount which shall be due and payable in accordance with the SBC's usual terms of payment.

4.      TERMS OF PAYMENT

All goods and services supplied by the SBC shall be paid in full by the Purchaser within seven (7) days of date of invoice or delivery of goods whichever is the sooner.  If the purchaser shall fail to make payment in accordance with the terms hereof, interest shall be charged on the amount outstanding in accordance with the rate applicable from time to time on overdraft accounts with the SBC's Bankers.  Notwithstanding the foregoing, the SBC reserves the rights to require full or part pre-payment or guarantee of payment prior to acceptance of orders.

If failure to comply with the above terms of payment and action is taken to recover the outstanding debt, all debt collection, solicitor and incidental costs will be payable by the customer.

4.      TITLE

Title to the Goods shall not pass to the Purchaser until payment in full is received by the SBC from the Purchaser, although, subject to clause 14, all risks loss or damage to the Goods pass to the Purchaser upon the Goods leaving the SBC's warehouse.

The Purchaser agrees to:

a)     separately store the Goods purchased until they are sold or paid in full;

b)     keep separate records in relation to the proceeds of the sale of any Goods which have not been paid for in full;

c)     hold the proceeds of any such sale on trust for the SBC;

d)     deposit such proceeds into a separate bank account;

e)     deliver such proceeds to the SBC upon demand; and

f)      in relation to any goods used in a manufacturing process or mixed with other materials, record the value of goods so consumed in relation to each unit of finished product. Upon sale of any unit of finished product immediately remit that amount from the proceeds of sale to the vendor.

6.      HANDLING CHARGES

All quoted prices are ex the SBC's warehouse and a handling, packing and delivery charge per consignment will apply unless stated to the contract in such quotation.  Such charge or charges will be those applicable at the date of dispatch and shall be subject to change from time to time without notice.

7.      MINIMUM QUANTITIES

Minimum selling quantities apply to some products and the SBC shall not be bound to sell in smaller or broken bits.  Notwithstanding the foregoing, the SBC reserves the right in its sole and absolute discretion to refuse to accept any order.

8.      GST

Unless specifically stated in any Quotation, Goods and Services Tax is not included and if applicable will be charged to the customer's account at a general rate of ten percent (10%) or at the rate applicable at the relevant time as specified by the Australian Tax Office.  Note the Australian Tax Office may not permit the subsequent refund by the SBC of GST charges included on any invoice. All enquiries for refund should be directed in the first instance to the Australian Tax Office.

9.      DELIVERIES

Every endeavor will be made by the SBC to complete and deliver the order by the estimated delivery date. The SBC shall not be liable for any loss or damage or other claim alleged to arise as a result of late delivery. Without limiting the effect of the foregoing, the estimated delivery date shall be extended where delays occur as the result of strikes, fire, accident, civil commotion, war or other causes beyond the SBC's control.

10.    FREIGHT AND INSURANCE

The Purchaser shall be responsible for insuring and transporting the Goods at the Purchaser's expense unless otherwise stated.

11.    EXCHANGE RATES

Unless stated to the contrary in the Quotation, the price quoted for imported goods is based on the currency exchange rate applicable at the date of Quotation. Any variation in those rates will be charged to the Purchaser's account.

12.    DUTY AND PREMIUMS

Duty and premiums, where applicable, will be included in the Quotation under an appropriate tariff item. Should there be any change in classification, method of assessment, or rate of duty, such variation will be charged to the Purchaser's account.

13.    RETURN OF GOODS

Under no circumstances may indent, non-standard stock, or specifically manufactured Goods be returned for credit. Standard Goods may be returned for credit or re-supply providing prior approval is obtained from an authorised employee of the SBC. Notwithstanding the foregoing, the SBC reserves the right to impose a re-stocking fee set at thirty five percent (35%) of the total original invoice value and subject to change from time to time. The current rate will be advised on application to the SBC.

Return of indent, custom built orders including non-standard stock items will not be accepted. Cancellation of orders for such products will not be accepted seven days after an official order has been placed.

14.    BREAKAGES

Unless stated to the contrary in the Quotation, the SBC will not be responsible for damage in transit.

15.    WARRANTY

If any of the Goods sold by the SBC fail for any inherent electrical, electronic or mechanical defect within one year (1) year from the date of dispatch, the SBC will undertake the repair of the same free of charge, provided always that:

A)    the defective Goods are returned freight paid to the SBC's warehouse;

B)    no unauthorised repairs or alterations have been made to the Goods;

C)    no service or maintenance of the Goods has been undertaken by unqualified personnel;

D)    the goods have been properly serviced and maintained by qualified personnel;

E)    the SBC makes no undertaking and accepts no liability in respect of any defects in Goods sold by the SBC to the extent that they are attributable to defects in components forming part of the Goods but not manufactured by the SBC;

F)     the SBC reserves the right to limit the terms of this warranty in respect of Goods sold pursuant to a particular Quotation by stating in the quotation the terms of the warranty;

G)    this warranty shall not be transferable and shall endure for the benefits of the Purchaser only; and

H)    the SBC shall not be liable to the Purchaser, its successor, assigns, employees, agents or customers for any damages or consequential loss of any description whatsoever however caused by the goods or the use thereof.

Where Goods contain products manufactured by others, the SBC will extend to the Purchaser the benefit of any warranty given by the manufacturer so far as such benefit is assignable by the SBC.

Should it be necessary for the SBC's employee, agent or authorised representative to inspect the faulty Goods at the client's premises, the SBC may make a charge for this service.

Nothing in these conditions shall exclude, restrict or modify any condition, warranty or liability which may at any time be implied by the Trade Practices Act 1974, or any other law where to do so is illegal or would render any provision of these conditions void.

To the maximum extent permitted by law, all other warranties, terms and conditions in relation to the state, quality of fitness of the Goods and of every other kind whether implied by use, stature or otherwise are hereby excluded.

16.    AMENDMENTS

The SBC reserves the right to amend, alter, vary or add to these conditions of sale from time to time provided however that the SBC shall give the Purchaser seven days notice in writing prior to such amendments, alterations, variations or additions coming into effect.

17.    GOVERNING LAWS

These conditions of sale shall be subject to, and interpreted in accordance with, the laws applying in the State of New South Wales, and the laws of Commonwealth of Australia.

SBC

1. GENERAL:  All additions and alterations to General Conditions shall be in writing and attached as Special Conditions to the Purchase Order and Contract, in the event of any inconsistency between these General Conditions and any Special Conditions, the latter shall prevail.

By accepting an order for the supply of goods and services issued by SBC Contractor/Supplier acknowledges and accepts Company’s GENERAL CONDITIONS OF CONTRACT FOR THE SUPPLY OF GOODS AND SERVICES.

2.  PRICE BASIS: The Purchase Order and Contract Price is firm subject to any other Special Conditions. Price shall include customs duty (unless specifically exempt), packaging, marking, handling, freight and delivery (Free-in-Store), insurance, Goods and Services Tax. Where the Contractor is registered for GST, and any other applicable costs and charges.

The Contractor shall issue SBC with a valid tax invoice in accordance with A New Tax System (Goods and Services Tax) Act 1999. (the GST Act).

The Contractor is entitled to recover from SBC the amount of any GST payable on taxable supplies, within the meaning of the GST Act, provided under this Purchase Order and Contract.

3.  PAYMENT OF ACCOUNTS: SBC's standard terms of payment are 30 days from acceptance of the Goods and Services and receipts of a correctly rendered invoice. This may be varied where SBC accepts a discount offered by the Contractor for earlier payment, or where payment by cheque or Direct Credit (if available) is offered by SBC and preferred by the Contractor.

4.  PERFORMANCE OF THE CONTRACT: The Contractor shall deliver the Goods and provide the Services at the time and place specified in the purchase Order and Contract. The Contractor shall ensure that the Goods and Services comply with all of the General Conditions of Contract and Specified Conditions of Contract.

Variations to the Purchase Order and Contract must be in writing.

GOODS: All Goods shall be new and comply with the highest relevant commercial accepted standards and be fit for purpose unless varied by s Special Condition.

SBC may reject within a reasonable time Goods that are faulty or do not fully comply with this Purchase Order and Contract. The Contractor shall make good or replace these Goods at no additional cost, including removal and incidental cost, within the time specified by the SBC.

SERVICES: The Contractor warrants that it will render the Services with due skill and care, and that materials supplied in connection with the Services will be fit for purpose.

If there is a defect in performance of the Services or they are incomplete, SBC may, by notice, require the Contractor the remedy the defect in performance, complete the Services, or re-do the Service at no additional cost to SBC. The Contractor has 30 days from that date of the notice to comply.

5.  TERMINATION: SBC may terminate the Contract in whole or in part when the Contractor has not remedied a breach within the time specified in the notice or breach; becomes bankrupt or insolvent’ or is unable to complete the contract.

6.  WARRANTIES: The warranty commences on the day of delivery or acceptance of the Goods and Services, whichever occurs last. It shall be valid for 90 days, or the length of the Contractor's or Manufacturer's standard warranty period, whichever is longer. The conditions and the period for completing warranty work that apply are the same as for the remedial work in Clause 4.

7.  INSPECTION AND SOURCE QUALITY ASSURANCE: To meet SBC's requirements to verify compliance with the specified QA type, a SBC Quality Assurance Representative (QAR) may perform:

-             quality audits and quality surveillance as defined in ANZ/ISO 8402 of the quality system and/or the production processes and/or quality inspection of the completed Goods and Services before acceptance.

The Contractor shall provide the authorised SBC representatives with full and free access to, its premises and work areas, and all documentation appropriate to check compliance with this Purchase Order and Contract.

The Contractor shall provide all reasonable facilities and assistance at its own expense that the SBC representatives may require for the purpose of this clause.

All information accessed will be treated as strictly commercial confidence.

8.  ASSIGNMENT/SUBCONTRACTING: The Contractor must obtain the prior written approval of SBC to assign or sub-contract the Purchase Order and Contract or any part of thereof. Approval to assign or sub-contract shall not relieve the Contractor from any of its obligations under the purchase Order and Contract, or impose any liability upon SBC to an assignee or a sub-contractor.

9.  TITLE, ACCEPTANCE AND RISK: Title to the goods vests in the SBC on acceptance by the SBC. The risk of any loss or damage to the Goods remains with the Contractor until delivery to or acceptance by SBC, whichever is the larger.

10.  NOTICES: All notices, request, variations, and other communications by both parties are to be in writing and delivers promptly to the appropriate addresses named in the Purchase Order and Contract.

11.  EXISTING CONTRACT AND STANDING OFFERS: Where this Purchase Order and Contract is issued under the terms of a Standing Offer or to extend the terms of an existing contract, the terms of that Standing order or existing contract shall prevail. Special Conditions, where utilised, shall take precedence over both the terms of the Standing Offer and an existing Contract.

12.  INDEMNITY: The Contractor agrees that it shall at all times indemnify and hold harmless SBC, its management, employees, and agents (those indemnified) against all losses and additional expenses including legal costs and expenses on a solicitor/own client basis, and liabilities reasonable incurred or suffered by those indemnified, caused by any willful, unlawful, or negligent act or omission of the Contractor, its management, employees, agents, or sub-contractors in connection with this Purchase Order and Contract and which arises from any claim, suit, demand, action, or proceeding  by any person. The Contractor's duty of indemnity to SBC under this clause shall be reduced proportionately to the extent that any willful, unlawful, or negligent act or omission of SBC, its management, employees or agents contributed to the loss of liability.

13.  WAIVER: Failure by either party to enforce a provision of the Purchase Order and Contract shall not be construed as in the way affecting the enforceability in any other instance, or the enforceability of the Purchase Order and Contract as a whole.

14.  EQUAL OPPORTUNITY IN THE WORKPLACE: The Contractor shall not appoint any sub-contractor that have been named or considered as not complying with the requirements of the Equal Employment Opportunity Act 1999 (Cwth)  for the purpose of this Purchase Order or Contract.

 15.  APPLICABLE LAW: The laws of the New South Wales and Commonwealth of Australia shall apply to this Purchase Order and Contract unless SBC nominates another jurisdiction. The courts of the New South Wales shall have non-exclusive jurisdiction to decide any matter arising out of the Purchase Order and Contract.