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1. GENERAL:
1.1 These conditions apply to all quotations by and others
placed with Sephco Industries Pty. Ltd. ('Sephco') and no other
terms
or conditions, written or oral, whether contained in a customer's
order or elsewhere, shall be binding upon Sephco.
1.2 The customer acknowledges that Sephco is not bound by any
variation to these conditions unless recorded in writing signed
by a duly authorized officer of Sephco.
1.3 All verbal and telephone orders must be accompanied by written
confirmation within one week of date of order. Production or
delivery errors as a result of verbal orders will be charged
to the customer.
1.4 Following acceptance by Sephco, orders are not subject to
cancellation or modification except upon written approval by
Sephco and will be subject to cancellation charges as determined
by Sephco.
1.5 Sephco does not undertake to issue work shop drawings for
any of its products. General arrangement drawings and electrical
circuit diagrams of equipment will only be issued where appropriate.
2. PRICES:
2.1 Prices are strictly net. Of all sales taxes, customs
or excise duties and other charges or fees levied in respect
of the sale or delivery of the products unless otherwise
stated.
2.2 Where any taxes, duties or other charges or fees
are levied or imposed on Sephco, the amount will be added
to the price
payable by the customer.
2.3 Prices are F.O.B. Sipco’s nominated sales office
unless otherwise stated.
2.4 Prices and discounts are subject to change without
notice.
2.5 Quoted prices unless otherwise specified in the quotation
are based on Sipco’s standard method of construction
and comply with AS3000. Where a quotation is based on a
specification supplied by the customer or a third party,
the customer acknowledges
that Sephco undertakes to supply the equipment on the basis
of the information and specifications supplied at the time
of quotation. The quotation will confirm by way of page
number, the information Sephco has based the quotation
upon.
2.6 Specifications and information received after the customers'
receipt of the quotation and/or Sipco’s receipt of the
confirmation order that were not referred to in Sipco’s
quotation, May by subject to price variation.
2.7 All quotations are valid for 60days and there after
subject to review.
3. MINIMUM ORDER:
3.1 Orders for products which are held in stock by Sephco
must be for a minimum of $50 per combined order.
3.2 Orders for products which are not held in stock by
Sephco must exceed $75 per item.
4. DISCOUNTS:
Sephco may offer discounts by such amounts and on such
terms as it determines from time to time and without
limiting its
right under Clause 2.4:
5. TERMS OF PAYMENT:
5.1 Unless credit has been approved by Sephco, the customer
will make full payment in cash when placing its order for
standard or non-standard products.
5.2 Where credit has been approved by Sephco, the customer
will make full payment within 30 days of the date of invoice.
6. DELIVERY:
6.1 Delivery of the products will be made by Sephco (unless
otherwise agreed) to the customer's nominated address.
6.2 Times or dates of delivery indicated to the customer
are estimated only and whilst every reasonable effort
will be made
to deliver on time, failure to do so will not confer on
the customer a right of cancellation or refusal of delivery
or
render Sephco liable for any damages sustained by the customer
as a result.
6.3 Sephco will notify the customer of any material delay
in delivery and will specify the revised delivery date
as soon
as practicable.
6.4 Where delivery is delayed by any failure or refusal
on the part of the customer to forward dispatch instructions
or accepts delivery or for any other reason which is caused
by
the customer, any additional costs occasioned thereby will
be an extra charge to the customer.
7. PROPERTY AND RISK:
7.1 Notwithstanding delivery of the products or their installation,
property in the products will remain with Sephco until
the price of those products has been paid in full to Sephco.
7.2 The risk in the products will remain with Sephco
until delivery to the customer.
7.3 Where Sephco and the customer agree that the customer
will arrange delivery, risk in the product will pass to
the customer
from the commencement of first loading the products onto
the carrier's vehicle.8.
RETURNS:
8.1 No products will be returned by the customer without
express written approval of Sephco.
8.2 All unapproved returns will be refused and returned
to the customer at its expense.9. LIMITED WARRANTY:
9.1 Sephco warrants that each of the products will be
free from defects in materials and workmanship for a
period of
12 months from installation or 18 months from delivery
from our factory. Resistor components incorporated in
models provided
with integral fan cooling, other than mobile portable
models are warranted for a period of 36 months, subject
to conditions
of use and maintenance procedures. Resistor components
incorporated in marine applications are warranted for
a period of 12 months
from delivery date. Warranty is subject to conformance
with the installation, maintenance and operational requirements.
9.2 Sephco shall repair in its factory or replace, whichever
Sephco in its absolute discretion elects to do, any of
the products determined by Sephco to be defective during
the
warranty period. This is the customer's sole and exclusive
remedy for
products, which do not meet this warranty. The customer
must notify Sephco in writing of the claimed defect promptly
after
its detection and in no event later than 7 days after the
expiry of the warranty period. Warranty replacement of
parts is subject
to inspection and evaluation. The equipment or parts must
be returned to the Sephco factory for evaluation in the
event
of a claim being made. Freight costs to and from the factory
are to be paid by the purchaser.
9.3 In the case of equipment
or components which are not of Sephco manufacture, but
supplied by Sephco, the warranty is
limited to that extended by the suppliers or manufacturers
of such equipment.
9.4 Sephco will not accept responsibility
for damage caused to the products:-
a) During transit, handling or installation; or
b) By unintended use or abuse or improper storage, installation,
maintenance, operation or repairs by the customer or by
any person not under Sephco’s supervision.
c) Improper or failure to carry out frequent maintenance
as required in accordance with instruction manuals supplied
with
the product. 9.5 Sephco does not warrant any product against
damage or failure caused by corrosion, electrolytic action
or operation
beyond Sephco’s control. Electric resistor failure
by sheath corrosion or galvanic action or over heating
if such
failure is the result of improper use and operating conditions
beyond Sephco's control.
10. REPRESENTATIONS:
Any advice, recommendation, information or representation
provided by Sephco as to the quality or performance
of the products
or their suitability for a particular purpose or otherwise
in relation to the products is given in good faith but
without any liability or responsibility on the part of
Sephco. The
customer acknowledges that it has not relied upon or
been induced by any representation by Sephco not expressly
set out in these
conditions.
11. LIMITATION OF LIABILITY:
11.1 These conditions do not exclude, restrict or modify
the application of any provisions of any Commonwealth
State or
Territorial law which by law cannot be excluded, restricted
or modified.
11.2 Unless otherwise expressly provided in these conditions,
Sephco will not be liable or responsible for any loss,
damage, injury to property or persons (including but
not limited to
loss of profits, business, use of facilities or other direct,
indirect, special, consequential or incidental damages)
resulting from, arising out of or in connection with
the construction,
acquisition, delivery, re-supply, installation, commissioning,
testing, use, possession or burn-out or the products irrespective
of whether such loss, damage or injury results from the
negligence of Sephco, its servants or agents or any other
cause whatsoever.
11.3 All terms, conditions and warranties that the products
will correspond with their description, will correspond
with any sample, will be of merchantable quality or will
be reasonably
fit for any purpose expressed or implied directly or indirectly,
by common law or any Federal, State or Territorial laws
are hereby excluded.
12. EXCUSABLE DELAYS:
Sephco will not be liable for any failure or delay to manufacture,
supply or deliver the products where such failure or
delay is wholly or partly due to any cause or circumstance
whatsoever
outside the reasonable control of Sephco including, but
not limited to, war, strikes, lockouts, industrial disputes,
government restrictions or intervention, transport
delays, fire, flood,
winds, act of God, breakdown of plant, shortage of supplies
or labour, storm or tempest, theft, vandalism, riots,
civil commotion’s or accidents of any kind.
13.
GOVERNING
LAW: These conditions will be governed by and construed
in accordance with the laws of the State of New South
Wales, Australia.
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