SciVac Vacuum Components
Value Added Solutions with Unparalleled Service
General Terms and Conditions of Sales
Definitions
All orders are accepted by the Company subject to and in accordance with the following Conditions of Sale which override and exclude any other terms stipulated or incorporated or referred to by the Customer during any negotiations or in any course of dealing between the Company and the Customer. No variation to these Terms and Conditions of Sale are permitted unless expressly authorised in writing by a director of the Company.
Any quotation given by the Company is a mere invitation to treat and does not constitute a contractual offer and the Company reserves the right to vary or withdraw a quotation at any time. Once the Company has sent to the Customer an acknowledgment of the acceptance of the purchase order the Customer may not alter or modify the purchase order without the written consent of an authorised employee of the Company. The Company quotes prices exclusive of GST. Unless the Customer provides the Company with an authorised tax exempt certificate, GST will be added to invoices.
The Customer shall make his own transport arrangement. Where the Customer fails to make transport arrangements the Company shall: (a) For deliveries WITHIN the metropolitan area of mainland state capital cities, use a freight service of its own choosing and add a standard freight charge to the invoice; or (b) For deliveries OUTSIDE these areas, the goods will be dispatched freight on, or charged to the customer on our invoice.
Unless specifically stated otherwise all prices are expressed net of any applicable freight and insurance
charges, GST and customs duty which shall be added to the amount to be paid by the Customer.
All prices of imported good quoted are based on the FOB price of the Company’s supplier and the rates of exchange, freight, insurance and
customs duty ruling at the date of quotation. If the Customer has an approved credit account with the Company the goods and services supplied
must be paid for within thirty (30) days of the date of invoice or thirty (30) days from the date of shipment whichever occurs first.
Risk in the goods passes to the Customer when the goods are loaded at the Company’s premises for
delivery to the Customer risk of loss in transit is then the responsibility of the Customer. The Company shall retain title to the goods until it has
received payment in full for them. Goods belonging to the Company which have not been paid in full shall be stored by the Customer so that
they are identifiable as such. The fact that the Company retains title to the goods until they have been paid for shall not affect its right or the
passing of the risk of the goods to the Customer. Where payment is overdue, or the Customer enters into bankruptcy, liquidation, administration,
a composition with its creditor, has a receiver or manager appointed over all or any of its assets or becomes insolvent the Company shall be
entitled without prejudice to any other remedy, to repossess goods belonging to it and to enter any premises of the Customer without notice for
this purpose. Delivery times shall not be of the essence of the contract. Delivery dates are estimated in good faith by
the Company. Under no circumstances shall the Company be liable for damages (including consequential special and incidental damages) for
failure to deliver or delay in delivery howsoever occasioned.
The Customer must inspect the Goods as soon as is reasonably practicable after delivery and the Company shall not be liable for any defect in
the Goods or shortages in delivery unless written notice is given to the Company within 14 days of delivery. In the case of non-delivery, the
Customer must notify the Company immediately the invoice is received, otherwise no liability can be accepted. Any Goods returned must be received by the Company within 14 days of the original invoice date and
must be undamaged and in original packaging. Customer shall not return any Goods for credit, exchange or otherwise without the prior issuance
by the Company of an approved Return Authorisation. A restocking fee of 25% applies to all returns which relate to incorrectly ordered goods or
order cancellations. All transport costs associated with the return are at the customer's expense
The Company will endeavour to transfer to the Customer the benefit of any warranty or guarantee given to it by the manufacturer of Goods. Any defects which, under proper use, appear in the Goods within a period of twelve months (unless otherwise stated by the Company) and which are due to faulty materials, workmanship or design will be made good by the Company either by repair, or at the Company's option, replacement (which is the Company's sole obligation and the Customer's sole remedy under this provision). The Company shall not be liable for defective Goods if the defect arises because the Customer alters or repairs such Goods without the written consent of the Company or because the Customer did not follow the manufacturer’s instructions for storage, usage, installation, use or maintenance of the Goods. Any Goods replaced or repaired under this paragraph will be warranted on these terms for any unexpired portion of the guarantee given on the original Goods.
The Company shall not be liable to the Customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise) costs, expenses or other claims for consequential compensation whatsoever (whether caused by the negligence of the Company, its employees, agents or subcontractors) which arise out of or in connection with any Contract.
The Goods offered for sale that are subject to any license, patent, trademark, copyright, design right or any other rights of any person. The Company shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising
Customers are responsible at their expense for obtaining any licence and complying with any export and re export regulations in force within this country and the country for which goods are destined. US products and/or technology must not be exported or re exported without prior approval from the US RC Export authorities or the US Embassy.
The Company shall not be liable to the Customer in any manner or be deemed to be in breach of these Conditions of Sale because of any delay in performing or any failure to perform any of the Company's obligations under these Conditions of Sale if the delay or failure was due to any cause beyond the Company's reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, acts of terrorism, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies of Goods or labour). The Company may, at its option, delay the performance of, or cancel the whole or any part of a Contract
The construction validity and performance of any contract incorporating these terms and conditions shall be governed by the laws of the State of New South Wales and the Customer shall submit to the jurisdiction of the Courts of that State.
If any provision or paragraph of this document is determined to be illegal and unenforceable it shall not affect the enforceability of any other provision or paragraph of this document