GENERAL CONDITIONS OF SALE QUOTATIONS
Where these conditions accompany a Quotation then these
conditions should be read in conjunction with that Quotation, and apply
in full unless and except where specifically varied in writing in the
Quotation. In submitting a Quotation UNITRONIX offers to provide the equipment
and/or service described at the stated prices subject to the terms and
conditions printed herein. No order placed pursuant to any Quotation is
binding on UNITRONIX until accepted by UNITRONIX. Availability of goods
may be affected by prior sale. Unless otherwise specified any Quotation
will require written revalidation after thirty (30) days from the date
of issue.
CASH OR CREDIT SALES
These conditions shall apply to all UNITRONIX credit sales and their acceptance
is a precondition to the granting of any credit facility.
a. Prices: Prices are for goods supplied and packed to UNITRONIX's specification
and are based on delivery Carriage Paid To Purchasers' addresses in Sydney,
Melbourne, Brisbane, Adelaide, Perth and Canberra. All other deliveries
are offered free ex UNITRONIX store, or with a delivery charge applied
in addition to the quoted price, where the customer requires delivery
into store. Installation, commissioning and maintenance costs are not
included in the sale price unless specifically indicated in our Quotation.
b. Sales Tax: Sales Tax is not included in quoted prices and if applicable
will be charged at the rate applying at the date of invoice. Where Sales
Tax exemption is applicable, a Sales Tax Exemption number or Certificate
as per the Sales Tax Act must be provided in writing at the time of order,
otherwise Sales Tax will be charged.
c. Variations: Published prices are subject to change without notice.
All prices are based on the quantity specified and do not necessarily
operate pro rata for any greater or lesser quantities. In the case of
Quotations prices are based on labour and material prices ruling at the
date of our Quotation. Unless specified otherwise in any Quotation document.
UNITRONIX shall only vary prices in accordance with increases in the cost
of materials, labour, shipping rates, insurance, wharfage, customs duty,
any Federal or State taxes necessary, and currency exchange rates. Where
an exchange rate is pertinent, it shall be the rate published daily by
the Westpac Banking Corporation on the date of UNITRONIXs invoice. The
base rate to be used in calculating any exchange rate variation shall
be expressed in our Quotation.
PROPERTY AND RISK
The purchased goods remain the property of UNITRONIX until payment has
been received in full. Until property of the goods passes to the buyer
the goods must remain clearly identified as the property of UNITRONIX.
DELIVERY
a. Any time or date stated by UNITRONIX for anticipated or promised delivery
of the goods is a bona fide estimate only. If UNITRONIX is delayed by
any circumstance or event beyond its control then it may suspend delivery
or extend the delivery time in respect of the whole or part of the goods
and it shall not be liable to the Buyer for any consequential loss or
damage arising from any such delay.
b. The Buyer shall accept delivery of the goods at the agreed delivery
point of the Buyer. In the event of substantial delay in accepting delivery
UNITRONIX shall be entitled to charge the Buyer for extra costs of storage
and/or other expenses incurred.
c. Any agreement or undertaking by UNITRONIX is contingent upon its ability
to secure or supply the goods.
d. Delivery may be made in one or more lots. Each lot shall form a separate
contract on delivery and be accepted and paid for accordingly notwithstanding
late delivery or non-delivery of any other lot. Upon failure of the Buyer
to pay any amount when due UNITRONIX may at its option terminate the contract
as to further delivery and no forbearance or course of dealing shall affect
this right of UNITRONIX.
TERMS OF PAYMENT
a. Credit Accounts: The Buyer will only be granted a credit account if
he has completed a formal UNITRONIX Credit Application Form and has had
that accepted in writing by UNITRONIX. Payment by credit account buyers
is to be made strictly nett cash within thirty (30) days from the date
of invoice. Should payment not be received by the due date then any credit
facilities may be withdrawn without notice and future supply may be refused.
b. Interest:: UNITRONIX shall be entitled to charge interest on overdue
accounts calculated from the day following the date upon which payment
should have been made, at the published overdraft Westpac Banking Corporation
rate plus two percent (2%) per annum.
c. Payment by Cash Buyers: In the case of cash buyers, payment shall be
made strictly nett cash before supply takes place. Cheques are to be cleared
prior to delivery of the goods. Credit Cards - Bankcard, Visa and MasterCard
are accepted as a means of payment - the corresponding transaction to
be cleared prior to dispatch. Electronic transfer of funds directly to
UNITRONIX's account is an acceptable means of payment, and the goods will
be despatched once UNITRONIX is satisfied that the funds have been lodged
in the corresponding account.
d. Claims: Subject to the provisions of any appropriate Commonwealth or
State legislation to the contrary, no claim in relation to the goods will
be recognised unless such claim is made in writing within seven (7) days
after receipt of the goods.
DEFAULT
a. Upon the happening of any of the following events:
1 The commission by the Buyer of any act of bankruptcy or the Buyer going
into liquidation or a petition being presented for the sequestration of
the Buyer's estate or the winding up of the Buyer; or
2 The Buyer assigning its property for the benefit of creditors or having
a receiver or official manager appointed :or
3 The Buyer being in breach of any of these terms and conditions: then
in such event UNITRONIX shall have the right to:
a Decline to deliver the goods or any balance of the goods still due;
and/or
b Stop any goods in transit, or
c Otherwise cease to perform any of its obligations to the Buyer; and/or
d Terminate the contract without incurring any liability at law or in
equity and without prejudice to its rights to recover amounts owing to
it by the Buyer; and/or damages; and/or
e Enter into any premises of the Buyer and repossess any goods already
delivered in which it has property; and/or
f Recover from the Buyer the contract price of the goods delivered and
for freight, storage, handling and other expenses incurred by the Buyer;
and/or
g To sell the goods elsewhere and charge the Buyer with any resultant
loss.
b. Should UNITRONIX by its servants or agents enter upon any premises
where goods are situated for the purpose of repossessing such goods in
accordance with its rights herein and any person bring any action for
trespass or any other action against UNITRONIX based upon such entry or
anything done during or in connection with such entry, the Buyer shall
indemnify and keep indemnified UNITRONIX for all damages for which UNITRONIX
may be responsible as a result of such action.
RETURNS FOR CREDIT/ORDER CANCELLATION
Unless otherwise agreed in writing, UNITRONIX will not accept any goods
returned for credit for reasons other than incorrect supply by UNITRONIX,
or damage or failure to perform to specification. Goods being returned
for credit are to be clearly consigned to the address of UNITRONIX in
accordance with the following procedures:
a. Approval must first be obtained from UNITRONIX who will provide a Returned
Materials Authority number.
b. Goods must be in the original carton and complete with all accessories
and in a saleable and undamaged condition and marked with UNITRONIX's
Returned Materials Authority number.
c. The UNITRONIX invoice number and Returned Materials Authority number
date must be stated on the claim form.
d. The reason for return of the goods (eg faulty, damaged, wrongly delivered)
must be stated on the claim form.
e. UNITRONIX shall in each case determine whether it should bear the relevant
cost of freight.
f. If the return of goods is requested, then UNITRONIX may charge a cancellation
fee to be advised and dependant on the return of the goods and/or cancellation
of the purchase on the UNITRONIX supplier being accepted by the UNITRONIX
supplier.
WARRANTY
a. UNITRONIX supplied goods are warranted to be free from defects in design,
materials and workmanship. Provided they are properly installed, maintained
and operated under the specific rating and conditions set out in the relevant
technical manual for a period of twelve (12) months or as offered by UNITRONIX
supplier if greater than twelve (12) months. The warranty commences from
the date of dispatch from UNITRONIX from its store.
b. The above warranty is in addition to the warranties and conditions
implied by Part V Division 2 of the Trade Practices Act 1974 or by applicable
State Acts and Territorial Ordinance to the extent that such implied warranties
and conditions are incapable of being excluded here-from. All other warranties
and conditions are hereby expressly excluded.
c. The Buyer and its employees or agents shall not make any statement,
representation, undertaking or warranty concerning the goods other than
those contained in literature published by the manufacturer and supplied
by UNITRONIX or those which are expressed or implied by law and which
cannot be excluded.
d. The acceptance of any of the goods by the Buyer shall imply a condition
indemnifying UNITRONIX and keeping it indemnified against any loss, claim
or damage suffered by reason of or arising out of:
1 Any statement, representation, undertaking or warranty regarding the
goods which is not authorised by UNITRONIX, and
2 Any loss or damage caused to the goods after risk therein has passed
to the Buyer.
e. Where the goods supplied by UNITRONIX are not of a kind ordinarily
acquired for personal, domestic or household use or consumption, UNITRONIX's
liability for breach of a condition or warranty implied in relation to
the goods by the Trade Practices Act 1974 (other than a condition implied
by Section 69) shall be limited to any one of the following as determined
by UNITRONIX:
1 Replacement of the goods or the supply of equivalent goods;
2 The repair of the goods at UNITRONIX's designated premises;
3 The payment of the cost of replacing the goods or of acquiring equivalent
goods; or
4 The payment of the cost of having the goods repaired.
SPECIFICATIONS
Any specification, illustration or description accompanying any Quotation
is indicative and may not completely represent the goods. UNITRONIX or
its supplier reserves the right to incorporate minor modifications thereto
without notice and without incurring any liability.
TESTS
Equipment offered is subject to an established Quality Assurance procedure
in the Manufacturer's factory and/or UNITRONIX premises prior to delivery.
CONSTRUCTION
These terms and conditions cannot be changed or terminated orally and
they and any contract containing them shall be construed in accordance
with the laws of the State of New South Wales, Australia.
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