SPORTSBEAMS AUSTRALIA PTY LTD
Effective Date: 01-June-2025

1. Definitions

• “Customer”: Entity purchasing Goods/Services.
• “Goods”: Sports lighting products (fixtures, controls, accessories).
• “Services”: Design, installation, maintenance, or consultancy.
• “Project Site”: Sports facility where Goods/Services are delivered.

2. Quotations & Orders

• Quotes valid 30 days unless specified.
• Binding orders require written acceptance by Sportsbeams.
• Sports-Specific Note: Orders involving field/court lighting require site validation by Sportsbeams engineers prior to confirmation.

3. Pricing & Payment

• Prices in AUD, exclude GST, installation (unless stated).
• Deposit: 30% for custom/project orders.
• Milestone Payments: For installation projects (e.g., 40% on delivery, 30% post-commissioning).
• Late payments incur 1.5% monthly interest.

4. Delivery & Installation

• Delivery: Incoterms 2024: FCA Sportsbeams Warehouse.
• Customer Responsibilities:
  • Site access, power, structural readiness.
  • Compliance with venue safety/access regulations.
• Delays: Customer liable for costs if site unprepared.

5. Risk & Title

• Risk passes on delivery to Project Site.
• Title retained until full payment.

6. Warranties

• Goods: 5-year warranty against defects (excluding lamps, misuse, environmental damage).
• Services: 12-month workmanship warranty.
• Exclusions:
  • Damage from improper use, weather events, or vandalism at sports venues.
  • Modifications by third parties.
• Claim Process: Notify in writing + evidence within 14 days.

7. Limitation of Liability

• Total Liability: Cap at 100% of the order value.
• Excluded Losses: Sportsbeams not liable for:
  • Event cancellations due to lighting failure.
  • Consequential losses (broadcast revenue, ticket sales).
• Statutory rights (ACL) unaffected.

8. Project Changes & Cancellation

• Changes: Written variation orders required; may adjust cost/timeline.
• Cancellation:
  • 30 days prior: 10% fee.
  • <30 days: 50% fee + recovery of committed costs.

9. Force Majeure

Not liable for delays/cancellations due to:

• Extreme weather affecting outdoor venues.
• Stadium access restrictions (e.g., events, pandemics).

10. Intellectual Property

• Designs, lighting plans, and technical documents remain Sportsbeams’ property.
• Customer granted license for use at designated Project Site only.

11. Governing Law

• Governed by laws of South Australia.
• Disputes resolved in SA courts.

12. General

Subcontracting: Sportsbeams may assign specialist subcontractors.

Entire Agreement: Overrides prior discussions.

Waiver: Failure to enforce ≠ waiver.