JJ ELECTRICAL MANUFACTURING PTY LIMITED ABN 49 131 762 641
sTANDARD TERMS OF SALE
General - Unless otherwise agreed to in writing by us, these conditions shall override any terms and conditions stipulated, incorporated, or referred to in your order of negotiations.
Validity - Unless previously withdrawn, our tender is open for acceptance for the period stated therein and when no period is stated, within thirty (30) days only of its date. Our quotation is not to be construed as an obligation to sell and no contractual relationship shall arise therefrom until your order has been accepted by us in writing.
Acceptance - The acceptance of our tender must be accompanied by sufficient information to enable us to proceed with the order forthwith, otherwise we shall be at liberty to amend the tender price to cover any increase in cost which has taken place after acceptance, or amend the date of dispatch.
Limits of Contract - Our tender includes only such goods, accessories, and works as are specified therein and is made subject to the goods being unsold at the time of receipt of the order.
Prices - Unless our tender specifically indicated otherwise, the prices quoted are firm. Sales tax and other government imposts (not previously referred to) are not included and if payable will be for your account.
Variations - In the event of any variations of the contract or suspension of work by your instructions or lack of instructions the contract price shall be adjusted accordingly and any extra expense incurred by us shall be added to the contract price. The date of delivery shall be extended by a reasonable period commensurate with the time required to incorporate the variation or make good the suspension of the work.
Product Information - All descriptive information, specifications, datasheets, drawings, etc, including the particulars of weights and dimensions submitted with our tender, are approximate only, and the descriptions and illustrations contained in our catalogs, price lists, and other advertisement matter are intended merely to present a general idea of the goods described therein, and none of these shall form part of the contract.
Inspection & Performance Tests - Our products are carefully inspected and where practicable, submitted to our standard tests at our works before dispatch. If tests other than those specified in our tender or tests in the presence of you or your representative are required, these will be charged for. In the event of a delay on your part in attending such tests, after seven (7) days' notice that testing is ready to proceed; the tests will proceed in your absence and shall be deemed to have been made in your presence. If any goods do not meet any performance figures quoted we are to be given a reasonable opportunity and time to rectify their performance. You are responsible that goods stipulated by you are sufficient and suitable for your purposes save in so far as your stipulations are in accordance with our advice.
Dispatch - Unless otherwise specified in our tender, the price quoted includes packing in accordance with our standard practice and delivery by any method of transport at our option to the place named in the contract or if none be named, at the works where the goods are manufactured. For imported goods or material delivery will, unless otherwise advised, be made F.O.B at the port of dispatch. Unless otherwise specified in the contract, we shall not be deemed responsible for the off-loading. If you desire us to deliver beyond the point named in our tender or to off-load, we are prepared to act as your agent in the matter. All additional expenses in undertaking such work will be for your account. Any times quoted for dispatch or deliveries are to date from receipt by us of a written order to proceed, and all necessary information and drawings enabling us to put the work in hand. The time for dispatch and delivery shall be extended by a reasonable period if a delay in dispatch or delivery is caused by instruction or lack of instructions from you or by industrial dispute or by any cause beyond our reasonable control. If we do not receive forwarding instructions sufficient to enable us to dispatch within 14 days after notification that the goods have been tested and are ready for dispatch, you shall be deemed to have taken delivery of the goods and payment shall be due from that date. If you fail to accept the delivery within the aforementioned time, storage will be arranged and all charges for storage, insurance, demurrage, and other appropriate contingent charges shall be payable by you.
Loss or damage in transit - When the prices quoted include delivery other than F.O.B, C.I.F, Ex Works, or Warehouse. We will repair or at our option replace free of charge goods lost or damaged in transit, provided we are given written notification of such loss or damage within such time as will enable us to comply with the carrier's conditions of carriage affecting loss or damage or where delivery is made by our own transport within a reasonable time after receipt of the advice note.
Terms of payment - Unless otherwise agreed, payment in full shall be due on notification by is that the goods are ready for dispatch. Where a credit amount has been approved, accounts are payable 30 days from the end of the month in which the invoice is issued, unless otherwise agreed by us in writing. Unless otherwise agreed, interest at the rate of 1% above the maximum commercial overdraft rate as fixed by the Reserve Bank shall be charged from the date payment was due until the actual date of payment. The followng surcharges are applicable depending on payment method: • Credit Card (via telephone) – 2.2% • Credit card (walk-in) – 1.6% • Bank Transfer – 0%
Insurance - Unless otherwise agreed our insurance responsibilities will be in accordance with Clause 10. Where it is by the terms of the contract our responsibility to provide Marine Risk Insurance or you specifically request us to insure on your behalf, we will in the absence of your specific instructions to the contrary, ensure shipment by sea against Marine War Risk (in so far as cover can be obtained) and the cost of such insurance shall be paid to us by you.
Patents - We will indemnify you against any claim or infringement of Letters Patent, Registered Design, Trade Mark, or Copyright (published at the date of the Contract) by the use or sale of any article or material supplied to us by you against all costs and damages which you may incur in any such action. You or your part warrant that any design or instruction furnished or given by you shall not be such as will cause us to infringe any Letters Patent, Registered Design, Trade Mark, or Copyright in the execution of your order.
Warranty and Liability - For goods of our manufacture, we will, unless otherwise agreed, make good by repair or at our option by the supply of a replacement, defects which under proper use, fair wear and tear excluded, appear in the goods within a period of twenty four calendar months after the goods have been dispatched and arise solely from faulty design, materials and workmanship provided the defective parts are returned by you free to our works unless otherwise arranged. Our liability under this clause shall be in lieu of any warranty or condition implied by laws as to the quality or fitness for any particular purpose of the goods and save as provided in this clause we shall not be under any liability, whether in contract, tort or otherwise in respect of defects in goods delivered or for any injury, damage or loss resulting from such defects or from any work done in connection herewith.
Disputes - If any questions, disputes, or differences whatsoever shall arise which cannot be amicably settled either party may give written notice to the other and the same shall be referred to the arbitration of a person mutually agreed upon or failing agreement to a person appointed by the President of the Institution of Engineers of Australia. The decision of such arbitration shall be binding on both parties.
Legal Construction - The contract shall in all respects be construed as an Australian contract and in conformity with State Laws, which govern the contract.
Cancellation - No order or any undelivered part thereof may be canceled or suspended by you, without our written consent. In such event, we reserve the right to invoice you for any work done, the material provided, or expenditure commitment under the contract up to the date of cancellation or suspension.
