Terms and Conditions
Unless otherwise agreed in writing by AppVision Australia Pty Ltd hereafter called 'the Company' the following terms and conditions shall apply to the supply of goods, information and services herein called 'the Products' by the Company.
1. Specification Standard - The Products delivered will be generally in accordance with specification detailed on the face of this quotation. The Company will not entertain claims based on non-compliance with any other specification.
2. Design Changes - The Company shall have no obligation to make alterations in the design or construction of Products previously accepted and delivered even though design changes are incorporated in Products subsequently being delivered.
3. Buyer's Special Requirements - Changes to the specification at the Buyer's request after the placing of any order will only be accepted at the Company's discretion. Such changes will only take effect when agreed in writing by the Company and may result in an increase in price and delays in delivery.
4. Delivery - The delivery dates while given in good faith should be regarded as estimates only. The Company will only accept liability for delay in delivery if specifically agreed in writing and under no circumstances will responsibility for delay be accepted when such delays result from any cause beyond the control of the Company including, but not being limited to fire, explosions, tempests, strikes, lockouts, inability to procure materials, loss or damage or delay in transit or the action of any government. Delay by the Buyer in furnishing information such as operating specifications may result in delay in delivery of the Products. Place of delivery shall be as specified in this quotation.
5. Title - The title and risk in the Products shall pass on delivery.
6. Packing - Special packing if required shall be for Buyer's account.
7. Price Variation - Unless stated to be fixed, the price quoted will be subject to variation following acceptance of order in the event of the cost to the Company of producing the Products being increased for example by virtue of a variation in the weekly hours of work laid down under a relevant award or by a change in the rate of exchange affecting the cost of imported goods incorporated in the Products.
8. Goods and Services Tax - Unless specifically indicated, prices shown in this quotation include GST. The invoice which will accompany delivery will be a tax invoices such as is required for compliance with The New Tax System (goods and Services Tax) Regulations 1999.
(a) Adjustment in GST liability
If for any reason the company’s liability to GST in respect of the Products is increased or reduced then the company shall promptly notify the buyer of this fact and the consideration payable under clause 8(a) shall be increased or reduced (as the case may require) by a similar amount.
(b) If the consideration is increased or reduced under paragraph (a) then the buyer if the consideration is increased and the company if the consideration is reduced shall on demand pay to the other party the amount of the increase or reduction (as the case may require).
9. Other Taxes, Duties or Import - Unless specifically indicated, prices shown in this quotation do not include any other tax, levy, customs, due or primage which shall be to Buyers account. If any other such tax levy, duty or primage is included then any increase in the amount payable shall be for the Buyer’s account.
10. Payment – Subject to prior approval of an account and its current status, Net fourteen or thirty days from date of invoice, depending on the type of account established. Otherwise, cash prior to shipment.
11. Service Support - AppVision Australia Pty Ltd's charter is to offer Service Support to its complete range of products sold in Australia for a period of five years from date of invoice.
12. Warranty - The Company warrants that in the event of any defect in the Products occurring within twelve months from the date of delivery (unless specified) to the original purchaser as a result of faulty material or workmanship attributable to the Company then the Company will repair, replace or refund the cost of the Products at its option provided that:
(a) The Product has not been misused, or used for other than its intended purpose or services by an unauthorised person.
(b) The Company is notified in writing of the fault and except where the Company elects to repair on site the product or fault component is returned carriage paid at the Buyer's risk to the Company's designated works. Components are only covered by the component manufacturer's normal warranty and should such warranty have expired before the return of the Product then new components installed will be charged at cost. Products repaired under warranty will be returned to the Buyer or ultimate user carriage paid.
13. Limitation of Liability - The warranty given in clause (12) above is the only warranty given by the Company and all other warranties whether implied by statute or other wise are hereby excluded. Without limiting the generality of the foregoing liability for any consequential loss, damage or injury including death howsoever occasioned is specifically excluded.
14. Shortage -All claims by the Buyer that the Products were delivered short must be made in writing within seven (7) days of receipt of the delivery in question.
15. Damage Loss or Delay in Transit - Where Delivery is made ex works the Company does not accept any liability for damage, loss or delay of the Products in transit.
16. Patent Indemnity - If the Buyer is threatened with any action alleging that the Product in the form sold infringes any Australian Patent or Registered Design then provided that the Buyer promptly informs the Company and in cases where the Company so requests allows the Company to defend any action on the Buyer's behalf, then in all cases the Company will indemnify the Buyer against any award of damages and costs against the Buyer arising from such action. The above indemnity is given by the Company in lieu of any or all other liabilities the Company might have in relation to any action against the Buyer for infringement or patent or other proprietary rights and under no circumstances will the Company be liable for any contingent or consequential loss however arising.
17. Validity - The terms of this quotation are held firm for a period of thirty days unless otherwise stated herein.
18. Special Uses - Without limiting the generality of Clause 13 of these conditions under no circumstances will the Company accept liability for any claim in respect of bodily injury or damage to property arising out of or from the installation of the Products in any such special environment whether or not such injury or damage is caused by the negligence of the Company or its employees.
19. Oral Instructions - The Buyer acknowledges that all terms and conditions of the Contract are set out hereon superseding all previous terms and conditions and that the Company shall not be bound to carry out oral instructions alleged to have been given to or oral statements or representations alleged to have been given by any officer of the Company.
20. Cancellation - Cancellation of an order accepted on the basis of this quotation can only be made by mutual consent and on terms which indemnify the Company against all loss.
21. Severability - Any contract entered into by the Company shall be regarded as severable in the event of Products being of different kinds or the contract providing for delivery by instalments. Each and every delivery of separate items under the contract shall be regarded as being made under a separate contract and damages arising from any alleged breach of contract shall be limited accordingly.
22. Law - The contract formed by the Buyer's acceptance of this quotation shall be formed, construed and shall take effect in accordance with the laws of New South Wales, Australia.
23. Notices - Any notice or other communication sent to the Customer shall be decreed to be delivered if sent to the Customer's address last known to the Company.
24. Force Majeure - The Company shall not be responsible for the no fulfilment of its obligations as a consequence of Acts of God, wars, whether declared or not, riots, civil commotions, acts, orders, or requests of any Government or any other authority, strikes, lock-outs, accidents in manufacture, and any other cause beyond the control of AppVision Australia.