|
|
|
|
|
|
|
us |
|
policy |
|
map |
DEFINITION
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.
GENERAL
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.
VALIDITY
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.
PRICES
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.
PRICE VARIATION
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.
WARRANTY
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.
CLAIMS UNDER
WARRANTY
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.
FORCE MAJEURE
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.
PROPER LAW
& ARBITRATION
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.
SUITABILITY
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.
FREIGHT
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.
ORDERING
The purchaser's placement of an order on Automated Motion Systems
Pty. Ltd. is an acceptance of these terma and conditions or sale.
CANCELLATION
OF ORDERS
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.
PAYMENT
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.
DELIVERY TIME
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
IN TRANSIT
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.
REPRESENTATION
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
TAX
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.
INTELLECTUAL
PROPERTY
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.
SAFETY
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.