Terms and Conditions
1. General. The acceptance of all quotations includes the acceptance of the following terms and conditions for goods and/or service.
Notwithstanding an acceptance of any order any contract is subject to the subsequent obtaining of reasonably satisfactory credit references part of the
Seller reserves the right to vary the terms of payment in accordance with
any credit standing of the purchaser
2. Validity. Unless previously withdrawn all quotations are open for acceptance within the period stated therein or where no period is stated are for immediate acceptance and is subject to change without notice
3. Acceptance. The acceptance of all quotations must be accompanied by sufficient information in sellers opinion to enable seller to proceed with the order forthwith otherwise seller is to be at liberty to amend the quotation prices to cover any increase in cost which has taken place after acceptance
4. Deliveries. All sales are EXW. point of shipment unless otherwise expressly stipulated. The delivery time stated has been estimated in good faith and while every effort is made to maintain schedules seller will not be liable for damage whether consequential or otherwise arising out of delay. Seller may deliver goods in one or more installments.
5. GST. Prices quoted are exclusive of GST
6. Insurance. Unless otherwise instructed seller will not insure any delivery.
If required and arranged all charges will be debited to buyers account
7. Sellers Responsibility. Buyer agrees that upon delivery to and reasonable inspection of the goods the seller’s responsibility ceases to the extent that the buyer agrees that the goods are free of defects, which such inspection would disclose. The statement contained in any bill of loading/delivery docket that the goods are received in good or apparent good order and condition shall constitute evidence that the goods were shipped in good order and condition.
8. Indemnity. Buyers agree to indemnity and save harmless seller from all claims for loss, damage or injury sustained by buyer, its employees or any person whomsoever by reason of any defect in the said goods attributable to buyer, his employees or agents.
9. Warranty. For a period of twelve (12) months from the date of original purchase, and provided the goods have been paid for in full, Web-Tech will repair or replace equipment, which our examination proves to be defective in material or workmanship. This warranty is valid if unauthorised persons have not tampered with the equipment, misused, abused or improperly installed, and has been used in accordance with the instructions or original specifications supplied.
The purchaser will be responsible for the removal, packing and all freight costs associated with returning faulty equipment to our Brisbane premises. Should Web-Tech waiver the need to inspect the faulty equipment prior to despatching replacement equipment; the Purchaser shall issue a Purchase Order for the replacement equipment. A credit will be issued to the Purchaser only on return, inspection and confirmation of warranty status. This can only be done if the faulty equipment is returned promptly
Warranty Extensions - if extended warranty (maximum 18 months) is required due to load date or installation date being more than 12 months from date of purchase, commissioning and installation must be performed by Web-Tech approved person or by Web-Tech personnel.
Should the return of the defective equipment to our premises not be possible because of impossibility or impracticability, and then Web-Tech will, upon reasonable notice, make available at our convenience a service engineer to attend to the equipment. The Purchaser shall pay for the engineer's travelling time, transportation costs, airfares (if applicable) and other reasonable expenses as incurred.
The extent of Web-Tech’s liability under said warranty is limited to the repair or replacement of any defective item. Equipment not manufactured by Web-Tech but supplied by Web-Tech as part of a system, shall be covered by the original equipment manufacturers terms and conditions of warranty
Web-Tech will not be responsible for any expense, inconvenience or consequential damage caused by items of our manufacture or sale.
10. Force Majeure. All orders and agreements are contingent on strikes, accidents and other acts beyond the seller’s control.
11. Loss or Seizure. In the event of any loss or seizure of goods during transit to Australia of any goods intended by seller for fulfillment of this contract seller shall be excused from fulfillment of its obligations hereunder to the extent to which seller obligation to perform contract is affected by such loss or seizure.
12. Claims. Any shortage or error must be notified within seven (7) days of delivery. Goods may be credited only with sellers written consent and provided they are returned to sellers warehouse in new condition freight prepaid within fourteen (14) days of delivery. Goods returned for credit later than fourteen (14) days after delivery or without prior arrangement would be subject at sellers discretion to a minimum restocking fee of 15% on sale price if acceptable for credit. Goods manufactured to specification or non-standard items are not returnable. Goods must be returned as new.
.
13. Title Lien. Title to the goods to be delivered will not pass to the buyer until payment in full for the goods has been received by Web-Tech. Until the date of final payment, the buyer shall store the goods so that they are clearly identified as the property of Web-Tech. In addition to any lien to which the company may, by statute or otherwise, be entitled, Web-Tech shall in the event of a buyer's insolvency, bankruptcy or winding-up be entitled to a general lien on all property or goods belonging to the buyer in its possession (although such goods or some of them have been paid for) for the unpaid price of any other goods sold
and delivered to the purchaser under this or any other arrangement understanding or contract
14. Cancellation. Orders cannot be cancelled by buyer without the buyer first reaching an agreement in writing with the seller covering all cost/damages. Written permission must be secured prior to returning goods for credit.
15. Storage. Storage costs caused by failure of buyer to take delivery of goods within seven (7) days after notification by seller that goods are ready for
delivery shall be to buyers account
.
16. Payment .
Equipment - Non-Account Customers.
1). For standard items –payment prior to despatch.
2). For non-standard items – All orders over $10,000.00
25% deposit at time of placement of order, balance prior to despatch
Equipment - Account Customers.
1) For standard items - 30 days from date of despatch of equipment.
2). For items over $10,000.00 AUD 25% deposit on placement of order,
Balance 30 days from date of despatch of equipment.
Note: Payment terms may be varied according to the status of the account
All TigKleen units/consumables – payment prior to despatch. Minimum order for credit terms $250.00.
Service - Non-Account Customers - payment seven (7) days from invoice date.
Service - Account Customers - Payment fourteen (14) days from invoice date.
17. Termination. In case of death, incapacity, bankruptcy, liquidation, suspension of payment or the making of any agreement with creditors on buyers part and of any non-payment punctually for any delivery or of any failure to make any payment or to meet any draft under this or any other contract or obligation to seller or should a receiver be appointed in respect of buyers business or affairs seller may cancel this contract or suspend or continue delivery hereunder at sellers option always reserving all rights to recover any loss consequent upon any such loss cancellation or suspension.
18. Modification. No modification or variation of the contract shall bind the parties hereto or either of them unless such modification shall be in writing signed by the parties hereto or their duly authorised agents or representative.
19. Law of Contract. The law governing the construction and performance of this contract shall be the law of the State in which the contract is made.
20. Trade Practices Act. Nothing in these Terms and Conditions of Sale shall be taken to exclude, restrict, modify or otherwise affect any of the provisions of the Trade Practices Act 1974 (as amended).