The "seller" shall mean AUTOMATED MOTION SYSTEMS PTY LTD. The "purchaser" shall mean the company, firm or persons to whom the offer is addressed and shall include executors, administrators, successors and permitted assigns.
The seller's acceptance by receipt of the purchaser's signed official order includes the following terms and conditions.
In case of any conflict variance or inconsistency between these conditions and the terms of the purchaser's enquiry or order or any correspondence relating thereto, these conditions shall prevail except to the extent that (a) such conditions are excluded by specific reference in writing and (b) such exclusion is agreed by the seller in writing. No alterations to the purchaser's order will be recognized by the seller unless requested by the purchaser in writing confirmed by the seller in the same way.
Quotations and offers are open for acceptance within 30 days from the date thereof unless otherwise stated. After this date the seller reserves the right to withdraw any offer or vary any of it's terms and conditions at any time prior to acceptance.
Unless otherwise stated prices are ex-works Perth in Australian dollars and do not include packing, delivery, goods and services tax or any other local taxes.
Notwithstanding a firm price quotation made verbally or in writing by the seller is subject to any variance beyond the sellers control that could effect the final price or cost. Prices for imported goods are quoted on the basis of customs duty, exchange rates, freight rates, insurance rates, local clearing and handling charges, and other incidental charges, which are known to us at the date of preparing the quotation. Any variation will be to the purchaser's account.
Goods manufactured by the seller are guaranteed against defective materials and workmanship for a period of twelve months (or longer if confirmed in writing by the seller), from the invoice date and are subject to the following restrictions:
a) The equipment must be installed
and operated in accordance with our instructions and
receive where necessary proper routine maintenance as laid down in the instructions provided.
b) The guarantee is void if the equipment has been tampered with in any way by anyone
not authorised by the seller.
c) The guarantee is also void if data labels or serial numbers have been removed or defaced.
Other equipment supplied by the seller, but not of his manufacture, is excluded from this guarantee but will carry the benefit of any guarantee issued by the seller's principal.
The seller must first be advised of all claims before returning goods. Claims can only be made by returning goods to the sellers Perth warehouse following the seller authorisation of acceptance. All goods must be securely packed, insured and freighted at the purchaser's cost.
Replaced or repaired goods will be returned also at the purchaser's cost.
All reasonable efforts will be made by the seller to carry out any contract to which these conditions apply but if the seller is prevented (directly or indirectly) from making delivery of the products, or performing or completing any of his obligations hereunder by acts of God, war strikes, trade disputes, other industrial action, fires, droughts, floods, explosions, breakdowns, interruption of transport, refusal of licence, Government or administrative action, delays in delivery to him or increase in the price of any goods or materials, any statute rule regulation order requisition recommendation or directive of any Government agency or other authority or any other body of competent judicial authority, or any other cause whatsoever (whether or not of the nature to those specified above), which shall reasonably be considered to be outside his control, the seller shall be under
no liability whatsoever to the purchaser, and shall be entitled at his option ( to be notified to the purchaser in liabilities hereunder) or to extend the time of its performance by him has been prevented by the circumstances herein before referred to.
These standard conditions of sale shall be operated and be construed in conformity with the laws of the State of Western Australia. Any dispute arising thereunder shall be settled by arbitration in Perth, Western Australia.
The purchaser assumes responsibility that products stipulated by him are sufficient and suitable for his purposes and safe insofar as specific mention thereof is made in any quotation or offer the purchaser shall not rely upon the seller's skill or judgment as to whether the products are fit for any particular purpose as to the manner in which the products shall be used, irrespective of any advice which may have been given by the seller, his servants or agents in good faith.
Automated Motion Systems Pty Ltd will ship goods according to the method stated on the quotation. If a customer prefers, Automated Motion Systems Pty Ltd will ship goods in accordance to a customer's instructions. Unless accepted in writing by Automated motion Systems Pty. Ltd., risk transfers to the customer at the point of leaving the works of Automated Motion Systems Pty. Ltd. A customer may also collect goods at the office of Automated Motion Systems Pty Ltd at an arranged time.
The purchaser's placement of an order on Automated Motion Systems Pty. Ltd. is an acceptance of these terma and conditions or sale.
The purchaser's order can only be cancelled by the purchaser with the written consent of the seller which if given shall be deemed to be on the express condition that the purchaser shall indemnify the seller against all loss, damage, claim or actions arising out of such cancellation unless otherwise agreed in writing.
The terms of payment will be strictly nett 30 days from the end of the month of the invoice date unless stated on our official quotation.
AND LIABILITY FOR DELAY
Delivery time on quotations are made in accordance with either previous experience of such transactions or in response to advice given to us by our principals. Unless such liability is expressly agreed to in writing by us we are not responsible for any delays which may extend the delivery period beyond that stated on our quotation.
DAMAGE OR LOSS
Where the transport of products to be delivered to the purchaser is to be effected by the seller or his carrier the goods must be examined by the purchaser on receipt and the purchaser must notify the seller promptly if such goods are received in a damaged condition or they are not received on the due date thereof. The purchaser will indemnify the seller against any loss suffered by him as a result of this occuring.
No person representing or purporting to represent the seller has authority to make any representation or give any warranty or accept any condition or obligation on behalf of the seller except as set forth in these terms and conditions.
GOODS AND SERVICES
It is the responsibility of the Seller to collect goods and services tax. Unless otherwise stated in a quotation, prices do not include G.S.T.
Unless otherwise agreed in writing, all electronic circuit diagrams, computer software, connection diagrams, supplied to the purchaser and the copyrights thereof shall remain the exclusive property of the seller.
A machine manufacturer in Australia has the legal responsibility to conduct a hazard identification and risk assessment of the machine and ensure it conforms to the relevant safety standards. This is the responsibility of the purchaser.