1. Introduction
These Distributor & Reseller Terms ("Terms") govern the appointment of authorised distributors, resellers and commercial partners of ShotTrack Pty Ltd ("ShotTrack", "we", "our" or "us").
These Terms establish the minimum commercial standards applicable to organisations authorised to promote, market, demonstrate and resell ShotTrack Products and Services.
These Terms form part of the ShotTrack Legal & Trust Framework and should be read together with the:
- Products & Services Terms;
- Warranty Policy;
- Returns & Repairs Policy;
- Subscription Terms;
- Privacy Policy;
- AI & Data Policy; and
- any Distributor Agreement or Reseller Agreement executed between ShotTrack and the Partner.
Where a separate written Distributor Agreement exists, that agreement prevails to the extent of any inconsistency.
2. Purpose
ShotTrack develops and manufactures professional monitoring technology for mining, construction, civil engineering, infrastructure, environmental monitoring and research applications.
Our authorised distribution network plays an important role in providing local sales, technical support and customer service.
These Terms establish consistent standards to ensure Customers receive a professional and reliable experience regardless of location.
3. Scope
These Terms apply to organisations authorised by ShotTrack to:
- market Products;
- demonstrate Products;
- sell Products;
- provide first-level customer support;
- coordinate repairs;
- provide local training;
- assist with commissioning;
- perform other authorised commercial activities.
Nothing in these Terms creates an employment relationship, agency, partnership or joint venture unless expressly stated in a separate written agreement.
4. Appointment
Appointment as an authorised distributor or reseller is made solely at the discretion of ShotTrack.
Appointment may be:
- non-exclusive;
- territory-specific;
- industry-specific;
- project-specific;
- customer-specific.
No Partner may represent itself as an authorised ShotTrack distributor unless formally appointed in writing.
5. Territory
Where a territory has been allocated, the Partner may actively market ShotTrack Products within that territory.
Unless expressly agreed in writing:
- territorial appointments are non-exclusive;
- ShotTrack may continue to sell directly;
- ShotTrack may appoint additional Partners;
- Customers may purchase Products directly from ShotTrack.
Territories may be reviewed periodically based on commercial performance and market requirements.
6. Partner Responsibilities
Partners are expected to:
- represent ShotTrack professionally;
- promote Products accurately;
- maintain appropriate product knowledge;
- comply with applicable laws;
- respond promptly to customer enquiries;
- maintain customer confidentiality;
- protect ShotTrack's reputation.
Partners should make reasonable efforts to understand new Products and software releases as they become available.
7. Product Demonstrations
Partners may demonstrate Products using current Product Documentation and approved marketing materials.
Demonstrations should accurately represent Product capabilities.
Partners must not:
- exaggerate Product performance;
- make misleading claims;
- guarantee engineering outcomes;
- provide legal or regulatory advice on behalf of ShotTrack.
Where technical uncertainty exists, Partners should consult ShotTrack before making representations to Customers.
8. Pricing
Unless otherwise agreed in writing:
- Partners determine their own resale pricing;
- ShotTrack determines wholesale pricing;
- published pricing may change without notice;
- quotations remain subject to written confirmation.
Partners must not represent indicative pricing as guaranteed pricing unless confirmed by ShotTrack.
9. Orders
Orders submitted by Partners become binding only when accepted by ShotTrack.
Acceptance remains subject to:
- Product availability;
- export controls;
- payment status;
- applicable laws;
- other commercial considerations.
ShotTrack reserves the right to refuse any Order prior to acceptance.
10. Product Information
Partners must use the latest Product Documentation and approved marketing material supplied by ShotTrack.
Obsolete specifications, superseded brochures and outdated marketing material should not be used once replacement material has been issued.
Partners should promptly update websites, catalogues and promotional material following significant Product updates notified by ShotTrack.
11. Marketing and Promotion
Partners are encouraged to actively promote ShotTrack Products and Services within their approved markets.
Marketing activities should be professional, accurate and consistent with the ShotTrack brand.
Partners must not:
- make misleading or deceptive representations;
- guarantee technical outcomes;
- publish inaccurate specifications;
- alter Product performance data;
- publish outdated technical information after receiving updated material;
- represent themselves as acting on behalf of ShotTrack except where expressly authorised.
Where local language marketing materials are produced, Partners are responsible for ensuring that translations accurately reflect the approved English-language content.
ShotTrack may request corrections to marketing material that does not comply with these standards.
12. Brand and Intellectual Property
ShotTrack retains all Intellectual Property Rights relating to its:
- company name;
- trademarks;
- logos;
- product names;
- software;
- firmware;
- documentation;
- marketing materials;
- photographs;
- videos;
- technical drawings;
- training materials;
- AI models;
- source code;
- cloud platform;
- engineering know-how.
Partners receive a limited, non-exclusive, revocable licence to use approved ShotTrack branding solely for the purpose of promoting authorised Products and Services during the term of their appointment.
Partners must not:
- modify ShotTrack logos without approval;
- register ShotTrack trademarks;
- remove copyright notices;
- represent ShotTrack intellectual property as their own;
- reverse engineer Products except where expressly permitted by law.
Upon termination of the relationship, all rights to use ShotTrack branding immediately cease unless otherwise agreed in writing.
13. Technical Support
Unless otherwise agreed, Partners are expected to provide first-level customer support within their territory.
First-level support may include:
- product familiarisation;
- basic troubleshooting;
- assistance with installation;
- account assistance;
- warranty coordination;
- liaison with ShotTrack technical support.
Second-level and factory-level technical support remains the responsibility of ShotTrack unless specifically delegated under a written agreement.
14. Training
ShotTrack may provide training to authorised Partners from time to time.
Training may include:
- Product operation;
- software functionality;
- ShockAI;
- installation guidance;
- warranty procedures;
- service processes;
- sales training;
- product updates.
Completion of training does not authorise a Partner to modify Products or perform repairs unless separately authorised by ShotTrack.
Partners are responsible for ensuring that their personnel maintain appropriate product knowledge.
15. Warranty Responsibilities
Partners should assist Customers by facilitating warranty claims in accordance with the ShotTrack Warranty Policy.
Unless expressly authorised in writing, Partners must not:
- approve warranty claims;
- reject warranty claims;
- offer warranty extensions;
- modify warranty conditions;
- undertake warranty repairs on behalf of ShotTrack.
All warranty decisions remain the responsibility of ShotTrack.
Partners should promptly forward warranty enquiries and returned Products in accordance with the applicable RMA procedures.
16. Customer Information
Partners remain responsible for complying with applicable privacy legislation when collecting Customer information.
Where Customer information is shared with ShotTrack for the purpose of processing Orders, providing support or managing warranty claims, the Partner warrants that it has obtained all necessary permissions required by applicable law.
ShotTrack will manage personal information in accordance with its Privacy Policy.
17. Confidentiality
Partners may receive confidential commercial, technical or operational information from ShotTrack.
Confidential Information includes, without limitation:
- pricing;
- engineering information;
- source code;
- product roadmaps;
- software;
- AI models;
- customer information;
- commercial strategies;
- technical documentation;
- unpublished Product specifications.
Partners must:
- keep Confidential Information secure;
- use it only for authorised business purposes;
- not disclose it to third parties without written consent.
These obligations survive termination of the commercial relationship.
18. Performance Expectations
ShotTrack values long-term commercial relationships built on professionalism, customer service and technical competence.
While specific performance obligations will normally be contained within separate Distributor Agreements, ShotTrack may periodically review factors including:
- customer service standards;
- responsiveness;
- product knowledge;
- technical capability;
- sales activity;
- market development;
- compliance with these Terms;
- protection of the ShotTrack brand.
Where concerns arise, ShotTrack will generally seek to resolve issues collaboratively before considering changes to a Partner's appointment.
19. Suspension or Termination
ShotTrack may suspend or terminate a Partner's appointment where:
- these Terms are materially breached;
- applicable laws are breached;
- misleading representations are made;
- the Partner's conduct damages the ShotTrack brand;
- insolvency occurs;
- fraudulent conduct is identified;
- continued appointment presents unacceptable commercial, legal or reputational risk.
Termination of the commercial relationship does not affect accrued rights or obligations existing prior to termination.
Upon termination, the Partner must cease representing itself as an authorised ShotTrack distributor or reseller and discontinue use of ShotTrack branding unless otherwise agreed in writing.
20. Export Compliance
Partners are responsible for complying with all applicable import, export, sanctions and trade compliance laws within the jurisdictions in which they operate.
Partners must not export, re-export or supply ShotTrack Products where doing so would breach applicable Australian or international trade restrictions.
Where export permits or regulatory approvals are required, Partners must cooperate with ShotTrack in providing all reasonably necessary information.
21. Contacting ShotTrack
For enquiries relating to distributor or reseller arrangements, please contact:
ShotTrack Pty Ltd
ABN 43 168 396 183
Unit 4, 21–23 Hurley Drive
Coffs Harbour NSW 2450
Australia
General Enquiries: info@shottrack.com.au
Website: https://www.shottrack.com.au
22. Related Legal Documents
These Distributor & Reseller Terms form part of the ShotTrack Legal & Trust Framework and should be read together with the Products & Services Terms, Partner Terms, Subscription Terms, Warranty Policy, Returns & Repairs Policy, Website Terms of Use, Privacy Policy, Cookie Policy, AI & Data Policy and Acceptable Use Policy.
Where a separate written Distributor Agreement or Reseller Agreement expressly provides different terms, that agreement prevails to the extent of any inconsistency.
23. Governing Law
These Terms are governed by the laws of the State of New South Wales, Australia.
The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.