The “seller” shall mean INDUSTRIAL DYNAMICS 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 its terms and conditions at any time prior to acceptance.
Unless otherwise stated prices are ex-works Melbourne in Australian dollars and do not include packing, delivery, goods and services tax or any other local taxes.
Notwithstanding a firm price quote made verbally or in writing by the seller is subject to any variance beyond the sellers control that could affect the final price or cost.
Goods manufactured by the seller are guaranteed against defective materials and workmanship for a period of 2 years (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.
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 Melbourne warehouse following the seller authorisation of acceptance.
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 Victoria. Any dispute arising thereunder shall be settled by arbitration in Melbourne, Victoria.
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.
RETURN FOR CREDIT
Unless within ten days from date of receipt of the goods and unless we are notified in writing to the contrary, the goods shall be deemed to have been accepted by the purchaser. Request for return of goods for credit may be allowed if made within ten days of receipt of goods. A re-stocking charge of 20% of the original selling price will be applied.The following goods ordered by the purchaser and confirmed by his order will not be returned for credit.
a) Any type of equipment made specially to this order.
b) any type of equipment specially ordered from overseas.
c) damaged or soiled goods.
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.
The terms of payment will be strictly 30 days from the invoice date unless stated on our official quotation.
DELIVERY AND LIABILITY FOR DELAY
Delivery time quotations are made in good faith in accordance with either our 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 occurring.
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.
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.