Sales Terms & Conditions

photoSentinel Pty Ltd provides timelapse hardware and related products (“Goods”) plus software and cloud solutions (“Services”).

Supply and use of these offerings is governed by these Terms and Conditions, plus any applicable End User License Agreement or Terms of Use. By completing a Purchase Order or acquiring Goods or Services, you agree to these Terms, which constitute the entire agreement and supersede prior discussions.

The company's contractual terms take precedence. Any other contractual terms of the Customer shall not apply and shall have no effect.

You are responsible for timely payment of all fees. Unless otherwise notified:

• Payment must clear before shipment of Goods
• Service fees are due upon invoice

For Services access, you may link a credit card to your subscription. The company uses third-party payment processors and does not directly store payment information. You authorize charges for fees incurred.

The company may charge interest at two percent (2%) in excess of the rate under Victoria's Penalty Interest Rates Act 1983 if payments are late. photoSentinel can set off amounts owed and suspend or terminate subscriptions if payment processing fails.

Pricing follows current quotations or standard published prices as of order date. Quotations remain valid for twenty days unless stated otherwise and do not constitute offers.

Documents requiring signatures may be signed electronically and are binding.

Unless specified, prices exclude statutory taxes (GST, duties) and costs for insurance, packing, crating, delivery, and export. Currency fluctuations are the customer's responsibility, as are any customs duties or landing charges.

Delivery timeframes are estimates only; the company is not liable for delays. You remain obligated to accept and pay regardless of delivery timing.

photoSentinel may refuse orders at its discretion and may require satisfactory credit assessment. Delivery occurs when goods reach your nominated address or become available for collection.

You are liable for installation, maintenance, and repair costs once delivered. If you cannot accept delivery, photoSentinel may store goods at your nominated location or elsewhere, with you bearing all storage and handling expenses.

You must pay for the Goods on the due date notwithstanding that delivery is made after the agreed delivery date.

photoSentinel may require customers or end users to enter into EULAs or Terms of Use for certain Goods or Services. The company can refuse supply until these agreements are accepted. Acceptance of EULAs does not give the Customer a right to delay payment.

Until full payment is made, title does not pass to you. You hold goods as a bailee and must return them on request, though goods are at your risk from delivery. You must insure them immediately.

If you sell goods to third parties in good faith on commercial terms, you act as photoSentinel's fiduciary agent. All proceeds are held in trust. When goods are incorporated into other products, you must hold a proportional amount of any payment in trust equal to the goods' dollar value.

photoSentinel can enter premises to recover goods without liability for trespass or damage. You must return pallets in good condition within fourteen days of delivery and indemnify the company for non-compliance.

Orders that cannot be fulfilled are automatically back-ordered. Mark orders “Do Not Back Order” if you prefer otherwise. photoSentinel is not liable for unavailability charges.

Unless agreed otherwise, photoSentinel ships via the least expensive route and carrier. If you choose a more expensive option, you pay the difference.

No returns are accepted without a completed Return Authorization Procedure and approved form. Credit notes issue only after photoSentinel evaluates returned goods.

Returned goods must be of merchantable quality, complete, in original packaging, unsoiled, unpriced, and in the current price list. A fifteen percent handling fee may apply to accepted returns; you cover freight and risk.

Cancellations require written consent and a charge covering photoSentinel's losses. Non-stock items being manufactured are not subject to cancellation.

All complaints, claims, or notification of lost, incomplete, or damaged Goods must be submitted within seven business days of receipt. Entire shipment losses must be reported within ten business days from the carrier's estimated delivery date. Failure to report means the Customer shall be deemed to have accepted the Goods.

These Terms constitute a Security Agreement under Australia's Personal Property Securities Act 2009. By ordering Goods, you grant photoSentinel a Purchase Money Security Interest in the Goods and their Proceeds to secure payment and other obligations.

You must provide assistance enabling registration of the Security Interest at your expense. You cannot change your business name without notifying photoSentinel seven days before the change.

To assess credit applications, photoSentinel is authorized to obtain consumer or commercial credit reports, share identity particulars and application details with credit providers, and exchange information about your creditworthiness.

Information is used for credit assessment, avoiding defaults, evaluating creditworthiness, and notifying others of defaults under these Terms.

You must subscribe to Services to fully utilize the Goods. photoSentinel does not represent or warrant that Goods function as intended without Service use.

Your subscription automatically renews monthly or per your agreement term until you suspend or terminate under these Terms. You must comply with intended use instructions and install all updates to ensure ongoing service.

Services may not be available everywhere or uninterrupted. photoSentinel can change, modify, or disable Services anytime without liability for material adverse changes where notice is not possible due to circumstances beyond its control.

photoSentinel, and its licensors, retain full right, title and interest (including all intellectual property rights and other proprietary rights) in and to the Services.

“Content” means all data, material, and information, including audio, video, images, and metadata, that you upload, store, create, or share through Services.

You are responsible for backing up Content. photoSentinel can delete backups or stored Content if Services fees are unpaid or if your subscription is terminated.

You grant photoSentinel a non-exclusive, fully-paid, worldwide right to reproduce, modify, use, and exploit all data and Content for providing Services, training and development, and research and development of current or future product offerings, including AI and machine learning, using de-identified Content.

Within seven days, notify photoSentinel in writing of any alteration to your name or ownership, any legal proceedings against you, appointment of liquidators or administrators, or changes in business ownership.

photoSentinel does not represent or warrant that the Goods and/or Services will be defect or error-free or uninterrupted or that they are suitable for the Customer's intended purpose.

Goods and Services are provided on an “as is” and “as available” basis. You acknowledge relying on your own skill and judgment or professional advisors for suitability determinations and indemnify photoSentinel against resulting claims.

These Terms do not modify conditions, warranties, undertakings, or rights under the Australian Consumer Law that cannot be lawfully excluded (“Statutory Guarantees”).

Except for Statutory Guarantees, all other warranties, conditions, guarantees, liabilities, and remedies are expressly excluded. When photoSentinel is liable under Statutory Guarantees, liability is limited, at the company's option, to replacement, repair, or cost of replacement of Goods; or re-supply or cost of re-supply of Services.

photoSentinel has no liability for any loss or damage, direct, indirect, consequential, special, or exemplary, arising from Goods or Services supply or use, or from storage, backup, access, loss, deletion, damage, or corruption of Content.

With photoSentinel's written permission, you may suspend or terminate Services use. You are responsible for retrieving Content before cessation. Suspension or termination does not relieve payment obligations for accrued fees.

photoSentinel may immediately suspend or terminate without liability when you breach Terms provisions, use Services fraudulently or unlawfully, fail to pay fees by due date, or harass photoSentinel staff.

You cannot assign these Terms in whole or part. photoSentinel reserves the right to assign its rights and obligations without notice.

photoSentinel reserves the right to amend, update, modify, or replace these Terms through notification. Changes do not apply retroactively and take effect from the notification date.

photoSentinel is released from obligations during national emergency, war, prohibitive governmental regulation, or other causes beyond the parties' control rendering Goods or Services provision impossible. If force majeure continues beyond 120 days, either party may terminate these Terms.

photoSentinel's failure to enforce Terms, exercise rights or remedies, insist on timely performance or payment, or demand charges or fees shall not constitute a waiver of any subsequent default or a waiver of photoSentinel's right to demand timely payment.

These Terms are governed by Victorian law. photoSentinel and you consent to the exclusive jurisdiction of Victorian Courts and the Federal Court's Victorian division.

If any provision proves illegal or unenforceable, it is omitted without affecting remaining provisions, which continue in full force.