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Standard Terms and Conditions of Sale and Warranty
1. Goods are only supplied by HYDRATRON on the following terms and conditions to the exclusion of any terms and conditions contained in any document submitted by the Purchaser unless otherwise specifically agreed by HYDRATRON in writing.
2. On behalf of various Principals whose products we represent and in respect of our own proprietary lines, we reserve the right to change design, subject to no substantial deviation from the specified performance being caused thereby, and without incurring any obligation to make equivalent changes in any product previously supplied.
3. The price quoted is based on present costs to us including material cost, relevant award wages, freight and miscellaneous charges, cost of manufactured equipment, foreign exchange rates and rates of import duty, if any. Should there be any variation in any or all of the foregoing we reserve the right to vary our selling price, including profit, proportionately.
4. Prices are FOB, Coopers Plains, Brisbane Qld. AUSTRALIA, unless otherwise stated.
5. Our terms are nett cash 30 days after date of invoice, unless otherwise specifically agreed.
6. Prices do not include Sales Tax or Goods and Services Tax and, if applicable, such tax or taxes are to be paid by the Purchaser (or the Purchaser will reimburse HYDRATRON for any tax paid).
7. If delivery cannot be made from stock at the time of receiving an order, then HYDRATRON will deliver as soon as possible thereafter, but in no case will HYDRATRON be liable for any loss or damage howsoever caused by delay in delivery.
8. All products sold by HYDRATRON are built to a high standard of workmanship and design and carry a warranty against defective workmanship and material. Unless otherwise specified, this warranty shall extend for a period not exceeding 12 months from the date of invoice or that extended to us by our suppliers. Liability is limited to the purchase price paid and to repairing and replacing any product or part which after being returned to HYDRATRON's works, together with a full description of conditions under which the alleged failure occurred, is found to have been defective. Should it be mutually agreed that the product or parts need not be returned to our works, then replacement parts will be invoiced in the regular manner, with Invoices subject to adjustment after the parts claimed to be defective are examined at our works. HYDRATRON accepts no liability for consequential damage and for defects or deterioration caused by faulty installation, improper application, damage resulting from mishandling, damage in transit or other conditions due directly or indirectly to circumstances beyond HYDRATRON's control.
It is also agreed, unless otherwise specified, that no warranty is made or implied covering the resistance to, or effect of corrosion of any type on any product or part, irrespective of cause. HYDRATRON only accepts liability pursuant to the terms of this Clause and all other conditions or warranties whether as to condition, description, quantity, fitness or otherwise and whether express or implied by law are hereby expressly excluded and negatived.
9. The Purchaser's Order cannot be modified or rescinded except by written agreement with HYDRATRON. If all or part of a sales contract is terminated by such modification or recision, the Purchaser, in absence of a contrary written agreement with HYDRATRON, shall pay termination charges based upon cost determined by acceptable accounting principles, plus a reasonable profit.
10. No claim for credit of goods will be accepted unless made within 7 days after receipt of goods. Return and acceptance of goods by HYDRATRON will not necessarily entitle a credit for same. Save with HYDRATRON's prior written consent, HYDRATRON will not accept return of goods which have been manufactured, modified or altered by or at the request of the Purchaser. A credit note will only be considered after a claim has been submitted and supported with all details relating to the sale of the goods and the reason for their return. Products which are obsolete or made to a special order are not returnable.
11. Standard products returned for credit will be subject to a minimum 20% restocking charge or $100 whichever is the greater to cover refurbishing, repacking and accounting procedures. Retention of title to the goods will remain with HYDRATRON and shall not pass to the Buyer until the goods are paid in full by the Buyer to Hydratron Australia Pty Ltd.
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