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The expression "The Company", when referred to in these Terms and Conditions, refers to CORNICK PTY LTD ABN 74 001 621 610.
These Terms and Conditions of Sales apply to the sales of goods and services manufactured or supplied by The Company.
Any order received by The Company is deemed to be an order incorporating these Terms and Conditions and no variation or cancellation of any of these Terms and Conditions shall be binding on The Company unless assented to by The Company in writing.
Each order placed by the customer shall be & be deemed to be a representation by it, made at the time that it is solvent & able to pay all of it's debts as & when they fall due. Failure to pay The Company in accordance with these terms shall be & be deemed to be conclusive evidence that the customer had no reasonable grounds for making the representation hereof & that the representations were unconscionable, misleading and deceptive.
Any quotation by The Company is not to be construed as an offer or obligation to sell and The Company reserves the right, at its option, to accept or reject any orders received.
All prices charged/quoted shall be The Company's prices ruling at the date of despatch. Verbal quotations are subject to written confirmation which will be given when requested. All goods are sold and all prices are quoted FOB ex-works The Company unless otherwise specified. The Company reserves the right at any time to make reasonable adjustments of prices in relation to fluctuations in The Company's cost of labour, material, goods or transport and also in relation to any changes in currency exchange rates or duty which affect The Company's costs for imported goods.
Unless expressly noted all prices charged/quoted are exclusive of GST. All government imposts of GST or any equivalent as separately itemised on The Company's invoices are to the customer's account.
5. CANCELLATION OR VARIATION
A contract may, at The Company's option, be terminated in the event of insolvency of the purchaser or the purchaser being placed in liquidation, whether voluntarily or otherwise. A purchaser may only vary an order if such variation is accepted by The Company in writing and any variation or cancellation may only occur on terms which will provide for The Company to be indemnified by the purchaser against any loss or damages. Cancellations will attract a cancellation fee and must be at least 90 days prior to current due delivery date. No cancellation will be accepted on indented products.Re-schedules must be at least 45 days prior to the current due delivery date and any item may be deferred only once, up to a maximum of 90 days from the original requested date.
Unless otherwise indicated prices include standard cases or packing.
Unless otherwise stated in writing the price quoted is ex The Company's store where stocked. Where delivery is requested beyond this point The Company may, at its discretion, agree to act as agent for the purchaser in this matter and all costs for cartage and insurance will be for the purchaser's account.
8. TERMS OF PAYMENT
Cash on Delivery otherwise expressly agreed to in writing. The Company reserves the right to deliver and invoice any item or items comprising the whole or part of any order. Failure of The Company to deliver any part of an order shall not entitle the purchaser to repudiate the contract.
The following conditions relating to the return of goods for credit apply to all goods returned for this purpose.
9.1 Goods returned must be accompanied by a Delivery Docket stating original invoice number, date of purchase and reason for return.
9.2 Non-standard equipment made to special order cannot be credited under any circumstances.
9.3 Inward freight packing and delivery charges are the responsibility of the purchaser.
9.4 Goods will only be accepted for credit to the extent of that wrongly or over-supplied.
9.5 All returns must be in good order and condition, unused and in original packaging. No claims by the purchaser need be recognised unless made in writing within fourteen days after delivery of the goods to the purchaser.
9.6 No claim for damage or resultant expense direct or indirect in respect of any goods shall in any case exceed the invoice price of the goods in respect of any damages or expense shall arise. All damage or expense over and above such invoice shall be the responsibility of the purchaser.
9.7 The company may elect to accept return of new and unused goods from customers, at its discretion. In this circumstance the company reserves the right to charge a restocking fee, as it sees fit.
10. CONDITIONS AND WARRANTIES
All conditions and warranties expressed or implied by statute, the common law equity trade custom or usage or otherwise howsoever are hereby expressly excluded to the maximum extent permitted by law. Where so permitted the liability of The Company for a breach of a condition or warranty that cannot be excluded is limited (at The Company's option) to the replacement or repair of the goods or the supply of equivalent goods or the cost of replacing or repairing the goods or of acquiring equivalent goods. The Company shall not be liable in any way whatsoever for indirect or consequential loss or damage whatsoever (whether based on tort or contract or otherwise). It is a condition of this contract that the purchaser shall not use the goods for the installation in or in association with aircraft. Goods are not authorised for use in life support devices, systems intended for surgical implant into the body or for applications intended to support or sustain life or where the failure of the product would ordinarily create a situation where personal injury or death is likely to occur. In the event the goods are so incorrectly used, The Company shall be exempt from all liability whatsoever and the purchaser hereby indemnifies The Company in respect of any claims, demands, suits or proceedings whatsoever resulting from such misuse of the goods. The Company warrants its products to be in conformance with its own plans and specifications and to be free from defects in materials and workmanship under normal use and service for the warranty term specified for each product. The Company's obligation shall be limited to repairing or replacing, at its option, free of charge for materials or labor, any part which is proved not in compliance with The Company's specifications or proves defective in materials or workmanship under normal use and service. The Company shall have no obligation under this Limited Warranty or otherwise if the product is altered or improperly repaired or serviced by anyone other than The Company. For warranty service, return transportation prepaid, to 9 Hannabus Place McGraths Hill NSW 2756 Australia.
There are no warranties, expressed or implied, of merchant ability, or fitness for a particular purpose or otherwise, which extend beyond the description on the face hereof. In no case shall The Company be liable to anyone for any consequential or incidental damages for breach of this or any other warranty, express or implied, or upon any other basis of liability whatsoever, even the loss or damage is caused by its own negligence or fault. The Company does not represent that the products it sells may not be compromised or circumvented; that the products will prevent any personal injury or property loss by burglary, robbery, fire or otherwise; or that the products will in all cases provide adequate warning or protection. Customer understands that a properly installed and maintained alarm system may only reduce the risk of a burglary, robbery, or fire without warning, but it is not insurance or a guarantee that such will not occur or that there will be no personal injury or property loss as a result.
Consequently, The Company shall have no liability for any personal injury; property damage or other loss based on a claim the product failed to give any warning. However, if The Company is held liable, whether directly or indirectly, for any loss or damage arising under this limited warranty or otherwise, regardless of cause or origin, The Company's maximum liability shall not in any case exceed the purchase price of the product, which shall be the complete and exclusive remedy against The Company. This warranty replaces any previous warranties and is the only warranty made by The Company on this product. No increase or alteration, written or verbal, of the obligations of this Limited Warranty is authorised.
11. TITLE TO GOODS
11.1 Notwithstanding delivery of the goods to the purchaser, until the purchaser has effected full payment for the Goods and any other goods previously supplied by The Company:
a) legal title to the Goods will remain with The Company;
b) the risk in the Goods will pass to the purchaser on delivery to the purchaser or its agent;
c) the relationship between The Company and the purchaser will be fudiciary;
11.2 The Purchaser will:
a) hold the Goods as bailee for The Company;
b) keep the goods separate from other goods; and
c) label the goods so that they are identifiable as the goods of The Company;
11.3 With The Company's consent (which is given) the purchaser is at liberty to sell the Goods, in the ordinary course of the purchaser's business, provided that the money from the sale will:
a) be held in a separate account in trust for the vendor;
b) not be mingled with other money; and
c) not be placed into an overdrawn account
11.4 The purchaser is not an agent of The Company in any sale of the Goods by the purchaser.
11.5 After the happening of an Event of Default, the vendor may without demand retake possession of the Goods and may without notice sell the Goods on such terms and in such a manner as it determines and will be entitled to deduct all expenses incurred. For the purposes of recovering possession and without limiting the generality of the foregoing, the purchaser irrevocably authorises and licenses The Company and its servants and agents to enter any premises where any Goods may be stored and to take possession of the Goods.
Risk in the goods purchased shall, unless otherwise agreed in writing, pass to the purchaser upon delivery of the goods to the purchaser or his agent or to a carrier commissioned by the purchaser.
To the best of The Company's knowledge goods sold to the purchaser will not infringe any patent, trade mark, registered design or copyright of any third party but The Company shall in no circumstances be liable to the purchaser in respect of any such infringement constituted by the sale or use of the goods.
14. PERFORMANCE AND REPRESENTATION
Any figures or estimates given for performance of goods are based upon The Company's experience and are such as The Company would expect to obtain on test. But The Company will only accept liability for failure to obtain the figures or estimates given when such figures or estimates are guaranteed in writing within specified margins. The purchaser acknowledges that neither The Company nor any person purporting to act on its behalf has made any representation or given any promise or undertaking which is not expressly set out in the contract whether as to the fitness of the goods for any particular purpose or any other matter.
15. RECOVERY OF COSTS
The customer will pay to The Company any costs and expenses incurred by it or it's solicitors, legal advisers, mercantile agents and other parties acting on The Company's behalf in respect of anything instituted or being considered against the customer whether for debt, possession of any goods or otherwise.
16. FORCE MAJEUR
The Company will not be in default or in breach of any contract with the customer by as a result of Force Majeur. Force Majeur means beyond the reasonable control of The Company and includes any strike or lockout either directly or indirectly by any supplier of goods or services.
17. LEGAL CONSTRUCTION
Except as may be otherwise agreed by The Company, the contract shall be governed by the laws of the State of NSW.