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1 Scope
1.1 All products are sold by Cutting Edge Lasers (CEL) upon these Terms and Conditions.
If there is any inconsistency between the provisions of any CEL quote or tender
response and these Terms and Conditions, the quote or tender response will apply
to the extent of the inconsistency.
1.2 Unless CEL otherwise agrees in writing, none of CELs quotes are contractual
offers and all quotes lapse after 30 days or the lesser period specified in the
quote.
1.3 No orders submitted by the purchaser will bind CEL until accepted by CEL and
CEL may accept any order in whole or in part.
1.4 All specifications, illustrations, drawings, data, dimensions and weights
in respect of products are believed to be accurate but are given for the purchasers
information only. To the extent permitted by law, they do not form part of the
contract of supply.
2 Price and Payment
2.1 Prices are listed or quoted by CEL in Australian dollars unless specified
otherwise and, subject to paragraph 1.2, may be varied without notice.
2.2 In the case of imported products, prices are calculated by CEL on the basis
of exchange rates selected by CEL from time to time. All CEL quotes will include
the exchange rate used to calculate prices specified in those quotes. If an imported
product is delivered to CEL or its agent in Australia after the date upon which
CEL last advised its purchaser of its price and the exchange rate used to calculate
that price differs, by more than 2%, from the spot rate quoted by the Commonwealth
Bank of Australia (CBA) for conversion of Australian dollars into the relevant
currency as at the date CEL or its agent, at CELs election, took delivery of
that product in Australia (and CEL will inform the purchaser of the relevant date
if the purchaser so requests), either CEL or the purchaser may revise 75% of the
total price last advised to the purchaser by the same percentage rate.
2.3 All prices include freight to purchasers premises by surface transport, unless
CEL states otherwise in writing. A charge of $10 will be added to each invoice
to cover packaging, handling and insurance. Delivery by airfreight, express delivery
or courier at the purchasers request will be charged to the purchaser at cost.
If the purchaser wishes to use its own carrier, the purchaser will pay all freight
and insurance costs ex-CELs store and will indemnify CEL and keep CEL indemnified
from and against any claims, demands, losses and/or liabilities arising in respect
of the transportation of products by the purchasers carrier.
2.4 Unless CEL states otherwise, all prices exclude sales tax and other government
taxes and duties that will be determined by CEL and added to the invoice. Sales
tax will not be added if the purchaser satisfies CEL that it is exempt. Taxes
and duties paid by CEL are not refundable to the purchaser. The purchaser will,
on demand, reimburse CEL any amounts so paid.
2.5 Unless CEL agrees otherwise in writing, where:
[A] a credit account has been approved by CEL, accounts are payable in Australian
dollars in full within 30 days from date of invoice, or unless specified shorter
settlement period in the quote; or
[B] a credit account has not been approved by CEL, full payment in Australian
dollars must be made in cash on delivery.
2.6 The purchaser must not make any deduction from payments due to CEL in respect
of any set-off or counter-claim unless CEL agrees in writing.
2.7 If the purchaser fails to make any payment to CEL when payment is due, CEL
may, without prejudice to any of its other rights and remedies:
[A] charge interest on the overdue amount at the rate of 2% per annum, in excess
of the interest rate charged by the CBA to corporate customers on a monthly charging
cycle for overdrafts less than $100,000 accruing daily, compounded at intervals
determined by CEL and calculated from the date payment was due to the date of
full and final payment. Any payment made by the purchaser to CEL will be applied
firstly against any accrued interest and then in reduction of the overdue amount;
and/or
[B] cancel any order by the purchaser and/or suspend further deliveries of products
to the purchaser.
3 Warranty and Exclusion of Liability
3.1 Subject to paragraphs 6.2, 6.3 and 6.4, CEL will repair or replace, at its
option, its products or any parts of its products which it ascertains are defective
or unserviceable due to poor materials, faulty design or deficient manufacture
for a period of 12 months from their date of delivery or the period specified
in the relevant quote. A product repaired or replaced under this warranty will
be warranted only for the remainder of the original period.
3.2 This warranty does not cover
3.2.1 damage to any product during shipment;
3.2.2 any product that is repaired or altered by the purchaser or any third party
other than with CELs prior written consent;
3.2.3 any product that fails or is damaged as a result of fair wear and tear,
improper storage, operation or maintenance, operation under abnormal or unsuitable
conditions, misuse, neglect, abuse, accident or act of God;
3.2.4 accessories or consumables such as fuses, bulbs and batteries; and
3.2.5 any shipment and/or traveling expenses.
3.2.6 any batteries
3.3 6.3 No products may be returned to CEL for service under this warranty without
a Returns Authorisation. All requests to CEL for a Returns Authorisation must
include the product name and serial number, details of proof of purchase and a
description of the alleged defect.
3.4 All products returned to CEL for service under this warranty must be returned
within the period specified in paragraph 6.1 and in accordance with all other
terms of the Returns Authorisation. 6.5 Except as expressly provided in these
Terms and Conditions, to the extent permitted by law, all warranties, representations,
terms and conditions concerning products and/or services to be supplied by CEL
are expressly excluded. CEL will not be liable, nor will there be arty remedy
against CEL, for any consequential loss, damage, costs, expenses or other injury
or harm, whether on a contractual, tortious (including without limitation, negligence)
or statutory basis or otherwise.
3.5 Provisions of the Trade Practices Act, 1974 (Cth) and other legislation and
laws from time to time in force in Australia, may imply warranties or conditions
or impose obligations or liability upon CEL which cannot, in whole or in part,
be excluded, restricted or modified. These terms and conditions must be read and
construed subject to these statutory provisions. If such statutory provisions
apply then, subject to paragraph 6. 1, liability (if any) arising out of or in
relation to the products or services supplied by CEL will be limited, at its option,
to:
3.5.1 in the case of products: the replacement or repair of products or supply
of equivalent products or the payment of the cost of replacing the products or
having the products repaired or of acquiring equivalent products; and
3.5.2 in the case of services: the supply of the services again or the payment
of the cost of having the services supplied again.
4 Infringement of Property Rights
4.1 Nothing in these Terms and Conditions confers or is deemed to confer on the
purchaser any license, right or other interest in any intellectual or other property
or rights comprised in the products or in any designs, drawings or specification
relating to the products, which at all times as between CEL and the purchaser,
are vested in CEL.
4.2 If the purchaser becomes aware of any infringement or potential infringement
of any of CELs intellectual or other property or other rights in the products
or if the purchaser becomes aware of any claim by a third party that a product
supplied by CEL infringes the intellectual or other property or other rights of
that third party, it will immediately notify CEL of the infringement or potential
infringement or claim and will give every assistance to CEL in that connection
that CEL may reasonably require.
5 Miscellaneous
5.1 These Terms and Conditions:
i) supersede all of CELs previous general terms and conditions;
ii) may only be varied in writing signed on behalf of CEL; and
iii) are to be governed by, and construed in accordance with, the laws of the
State of Western Australia. The parties submit to the jurisdiction of the courts
of this State.
5.2 In these Terms and Conditions:
i)$ and dollar refer to Australian currency;
ii) the singular includes the plural and vice versa;
iii) reference to a right or obligation of any two or more persons is to be taken
as
iv) conferring that right or their assuming that obligation, as the case may be,
severally; and
v) the word "person" includes a company, firm or other legal entity.
5.3 Unless CEL agrees otherwise in writing, CEL will not be bound by provisions
inconsistent with these Terms and Conditions that appear in any purchasers acknowledgement,
purchase order or in any other communication between CEL and the purchaser . |
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