GENERAL. In these conditions “You” or “Your” means any person(s), firm or company that purchases goods from us. All business is accepted by the Company only upon and subject to the following Terms & Conditions of Sales to the exclusion of all other terms (including any terms You purport to apply under any purchase order, confirmation of order, specification or other document). No alterations to these terms shall be accepted unless confirmed in writing by the Company.
CARRIAGE. All consignments of goods will be charged a “standard rate” applicable at the time of goods despatch. Special means of carriage requested by You shall be at Your expense.
RISK AND RETENTION OF TITLE. Risk of loss,damage or deterioration in the goods shall pass to You on delivery (or deemed delivery).
DELIVERY/CLAIMS. All delivery and performance times and dates are estimates only. Time for delivery or performance is not of the essence. The Company will
not be responsible for any delay or loss occasioned by any delay or non-delivery of goods in any circumstances. Any claim or notification regarding shortage or the condition of the goods must be made to the Company within 7 days of receipt of such goods. The Company shall be notified within 7 days of receipt of advice note or invoice if the goods have not been delivered. If You do not notify the Company within these time limits You shall be deemed to have received the goods. The Company’s liability for non delivery shall be limited to replacing the goods within a reasonable time or issuing a credit note against any invoice raised for the relevant goods, and for a shortfall in quantity to supplying additional goods to make up the shortfall.LIMITATION. Goods with faults or suspected faults shall be returned to the Company at Your expense within 14 days of delivery. You shall not be entitled to reject any goods after this time and You shall be bound to pay the price in full. Notwithstanding any provision of these conditions after inspection of the goods the Company may credit the cost of such goods or replace them as it sees fit within a period of 6 months from the date of delivery. The Company shall not be liable in contract or tort for any loss of profits or consequential loss or damage to You or any third party whatsoever. Where goods are described by drawings, specifications, technical recommendations or any type of promotional material, no warranty, express or implied, is given by the Company as to accuracy or otherwise. In particular, where goods are ordered by sample, the Company gives no warranty, express or implied, that the sample is representative of the quality of the goods. No liability shall be attributed to the Company in respect of any defects in goods whether caused by wear or tear, fair or otherwise, sabotage, working conditions, accident or neglect. Where the Company is operating as a distributor for the goods any liability for the quality and performance technical or otherwise shall revert directly to the manufacturer.
ALTERATION OF GOODS. The Company may at any time and without notice withdraw or alter the specification of any of the goods.
TECHNICAL RECOMMENDATIONS. Technical recommendations given by the Company are given in good faith but are for guidance only. It is Your responsibility to ascertain quality, fitness, suitability and durability of the goods.
INDUSTRIAL AND INTELLECTUAL PROPERTY. You shall indemnify the Company from any infringement by the Company or You of any industrial or intellectual property, including patent, copyright or other property rights owned by any third party.
NOTIFICATION OF THESE CONDITIONS OF SALES.
You agree, where relevant, to notify all persons with whom You deal of the terms of these Conditions of Sales.GOVERNING LAW. You agree that the terms of these Conditions of Sales are fair and reasonable. These Conditions of Sales shall be construed in accordance
with, and shall be governed by, Australian law.