CONDITIONS OF SALE
The following are expressly included amongst the conditions of sale of Scientific Devices Australia Pty Ltd herein referred to as the seller.
- GENERAL EXEMPTION: There is no condition or warranty, other than that given by the manufacturer, expressed or implied as to the performance of any goods, or that they will be suitable for use under any specific conditions, or fit any specific purpose although such conditions or purpose may be known to the seller.
- RETURNED GOODS: Goods accepted as being defective by the seller, will upon return be replaced as originally ordered if practical, but shall not form the subject of any claim whatsoever by the customer except for the refund of any monies paid.
- DELIVERY: Any time or date given by the seller for delivery is made in good faith and intended as an estimate and is without responsibility for the consequences of delay.
- INDEMNITY: The customer shall indemnify the seller against loss, damage, or injury suffered by third parties arising out of the use of goods supplied.
- SHORT SUPPLY: Claims for delivery of incorrect quantities must be written to the seller within 10 days of supply. Such occurrence does not permit the customer to alter the original quantity ordered unless by mutual agreement.
- ON APPROVAL GOODS: In regards to merchandise sent to a customer for his inspection and evaluation, it shall be expressly understood that in the event of the return, subject goods shall be returned to the seller on a pre-paid basis and shall be in reasonably unused and new condition, or subject repairs shall be chargeable to the customer.
- ENGINEERED EQUIPMENT: We reserve the right to cancel any order for goods placed against the quotation, should the goods not function when built in accordance with the quote specifications. In such case, the development costs of the equipment are to be borne by the seller.
We warrant the material and goods supplied to a customer’s order for engineered equipment to be as specified and of good quality. No specific time life shall be stated, since the results of good workmanship are of timeless age and good quality properly used, shall be self evident.
- BREAKDOWNS & FAILURES: We shall not be held responsible for the breakdown or failure of our installations, where such breakdown or failure is due to overloading, or operation of the equipment outside the limits of the specification, or in an incorrect manner which is outside the control of the seller.
- CANCELLATION: A contract once having been entered into shall not be broken other than by common consent of the parties concerned and on terms and under conditions laid down by us and the cancellation fee shall be calculated to include all out pocket expense including labour, materials, services, overhead expenses, professional expense, and profit the Seller considers equitable in accepting a cancellation.
- ROMPALA CLAUSE:
- The parties agree that the ownership of the goods delivered by the Seller to the Customer is only transferred to the Customer when he has paid all sums owing to the Seller whether under this or any other contact.
- Where the Seller has not been paid in the manner specified in the last preceding sub-clause and the Seller delivers the Goods to the Customer, then, until disposed of by the Customer in accordance with the provisions of this clause, the Customer agrees with the Seller to keep the Goods as a fiduciary for the Seller and, if required, store the Goods in a manner than clearly shows the ownership of the Seller.
- CONTRACTS: Shall be interpreted in accordance with and governed by the laws of the State of Victoria and the parties hereby subject themselves to the jurisdiction of Victoria courts and courts with appellate jurisdiction therefrom.
Contracts are only entered into subject to the foregoing conditions of sale.
Unless expressly accepted by the Seller in writing any terms and conditions of the customers’ which conflict with, or in any respect, qualify or negate these conditions shall be deemed to be inapplicable.