Terms and Conditions of Sale for Fix8 Systems Pty. Ltd. (Fix8)
These are the Terms and Conditions under which Fix8 Systems Pty. Ltd. (herein called Fix8) sells Products to customers (herein called Customer).
1. Validity of Quotations
All quotations are valid for a period of 30 days from the date shown on the quotation, unless otherwise specified in writing by Fix8.
In the event that the prevailing exchange rate between the currency of the country of origin and the currency quoted has fluctuated from the time the quotation is rendered to the time of payment is received from the Customer, Fix8 reserves the right in its sole discretion to adjust any prices quoted herein and the customer agrees to meet the revised price. For the purpose of this contract, the prevailing exchange rate at the time of the quotation shall be the rate specified, (at the time payment is received) to be that issued by the Commonwealth Bank of Australia for a spot transaction on that day.
All Products shall be paid for on or before delivery or if Fix8 and the Customer agree on and maintain a credit arrangement, by the terms and conditions of the arrangement.
Property of the Products shall remain with Fix8 and shall only pass to the Customer upon the payment of the purchase price in full. Prior to payment of the purchase price in full, the Customer shall hold the Products as bailee for Fix8. In the event of the Products whether in the same or a modified form being disposed of prior to the payment of the purchase price in full, any amount received by the Customer shall be held in trust by the Customer for Fix8.
All prices quoted are in Australian dollars, unless otherwise specified.
Orders may be cancelled or rescheduled up to thirty (30) days before the scheduled shipment date. Any cancellation or rescheduling occurring in less than thirty days prior to the scheduled shipment date will be subject to cancellation/rescheduling charge equal to 40% of the gross order value.
4. Limitation of Liability
In no event shall Fix8 be liable to the Customer for incidental or consequential damages (including loss of profits) of any nature arising out of or related to the supply, design, manufacture, installation or service or the performance or use of any Products and, in the event that Fix8 are liable for a breach of warranty or condition implied by law and not capable of exclusion by agreement. Fix8’s liability shall be limited to the minimum level possible under that law.
An offer made by the Customer shall not be binding on Fix8 until accepted in writing by Fix8.
Unless otherwise specified, Products are located in Sydney and delivery shall take place at the time of the physical taking of the Products by the Customer or by the carrier whether engaged by Fix8 or the customer or 10 days after Fix8 notifies the Customer that the Products are ready for delivery, whichever first occurs. Where the Customer arranges its own carrier, it shall be responsible for all freight, insurance and other costs associated with the carriage Where Fix8 arrange carriage, all freight, insurance and other costs shall be to the account of the Customer.
New Products: Fix8 warrants that the products supplied will be free from defects in materials and workmanship for the period of warranty provided for each product described from the date of shipment to Customer. Fix8 will, without charge to Customer, promptly repair or replace, at its option, any parts which are determined to be defective within this warranty and which are returned to Fix8 provided:
(1) Customer shall have notified Fix8 of any alleged defect within the warranty period and
(2) the equipment has not been damaged, subject to misuse, altered or repaired or improperly installed by Customer or others in a manner which Fix8 reasonably determines to have adversely affected performance or reliability.
Fix8's liability hereunder is limited to the repair or replacement of the defective part and does not include any labour related to the subsequent installation thereof. Parts repaired or replaced by Fix8 will be shipped to Customer F.O.B. destination. The above warranties extend solely to Customer and all warranty claims must be generated by the original Customer Repair or replacement of component parts shall not extend nor decrease the Equipment warranty.
THE WARRANTIES CONTAINED IN THIS CLAUSE ARE IN LIEU OF ALL OTHER WARRANTIES (OTHER THAN NON INFRINGEMENT AS HEREINAFTER PROVIDED) EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.
If any of the terms and conditions hereof shall to any extent be invalid or unenforceable, the remainder of these the Terms and conditions, or the application of such the terms and provisions to persons or circumstances other than those as to which it is held unenforceable shall not be affected thereby.
9. Applicable Law
The validity, interpretation and performance of this Agreement shall be governed by the laws of the State of New South Wales, Australia.