Set out below are our Terms and Conditions. You will see that we have two separate terms and conditions – one for “Online Purchases” and one for the “Sale of Goods (other than Online Purchases)”.
Shipping is charged as a one-way delivery fee of $25.00 (Ex GST) for all standard orders. Orders for Cryogen gas refills are charged an each-way delivery fee of $40.00 (Ex GST).
The average delivery times for Standard delivery are:
- 2-3 Business days for Sydney metro
- 3-5 Busines days for all non-Sydney metro
Please note that during major sales events (such as Stocktake Sale and Mid-Season Sale), we may take an extra day or two to prepare your order. Also, note that orders may arrive in more than one shipment as they may be sourced from multiple locations – you won’t be charged any more for delivery in that instance.
These terms apply to the ordering, purchase and delivery of Goods from the Website form a contract between you and Laseraid International Pty Ltd ABN 17 638 110 568 of 25/28 Barcoo Street, Roseville NSW 2069 (Laseraid). By using the Site in any manner, you agree and accept the Terms. If you have a Site account, you agree that these Terms (as amended from time to time) will apply to your use of the account and all of your Orders.
These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability. Laseraid reserves the right in its absolute discretion at any time and without notice to amend, remove or vary the services or Terms and/or any page of this Site. Each time you use the Site, you should review and be aware of the current Terms.
Other important terms may also apply to your Order, such as the Click & Collect terms or specific terms for certain Goods as identified in the product description field on the Website (eg. Supplier Direct Terms).
Compliance with Terms
You will be bound by these Terms each time you submit an Order.
Placing Orders for Goods
By placing an Order on the Site, you are making an offer to enter into an agreement to purchase the product(s) in that order. Orders will be deemed received by Us at the time We send an order confirmation to your nominated e-mail address. It is your responsibility to ensure that the correct email address and contact details are entered with your Order.
Each Order you place will be a separate contract. Each product in your Order is sold by Laseraid.
A Tax Invoice will be issued at the time the Goods are ready for dispatch.
You acknowledge that all Goods purchased under these Terms are intended for commercial use only and will not be re-sold.
From time to time, We may restrict the quantity of Goods which can be purchased in one Order or during a particular period of time or per person or per address. Any quantity restrictions will be stated on the product page, or in materials about the relevant promotion, or as otherwise advised to you.
We will not be liable to you for any loss you or any third party suffers as a result of, or in connection with, a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.
If you place consecutive or separate Orders, we cannot consolidate your Orders. A separate Delivery Fee, if applicable, will apply to each Order. Subject to any applicable quantity restrictions, you can order as many Goods as you wish in one Order.
We reserve the right to accept or reject your Order for any reason at any time. If We reject your Order you will receive a refund of any money paid.
Your Order becomes a sale when your Order is dispatched and We have issued you a Tax Invoice.
Availability of Goods
From time to time, some Goods may be out of stock or are unavailable and we may not be able to fulfil all or part of your order. If this happens, we will refund you the price paid for the Goods impacted.
We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time and without notice. Laseraid will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.
Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid.
Laseraid reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), We will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error and Laseraid will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.
If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your order and refund any money paid to us.
You acknowledge and agree that:
a) all pictures and images of Goods displayed are for illustrative purposes only;
b) any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and
c) where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good).
Price and payment
When you place an order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.
All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.
We reserve the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, We will supply your Goods at that Price (unless your Order is affected by a pricing error).
Payment methods are specified on the Website or explained by the consultant at the time you place your Order. They may include credit card, PayPal, Afterpay or Zip. The name on any credit card or Laseraid Card used for payment must match the name on the Order. Other methods of payment, including cash, can be used for Orders placed through the Website. If you pay using Afterpay, the Afterpay prevailing terms and conditions apply. View Afterpay terms at http://www.afterpay.com. Payment methods may be subject to change.
Any payment for an Order must be cleared by Laseraid before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
Delivery and Click & Collect
Dispatch times may vary according to availability. Any representations made regarding delivery times are estimates only and are subject to delays resulting from postal delays or force majeure for which We are not responsible. Please note that during major sales events (such as Stocktake Sales or Black Friday) We may take an extra day or two to prepare your Laseraid Order.
Your Order may be fulfilled from multiple locations at different times depending on stock availability. You won’t be charged any more for delivery in this instance.
A signature on delivery may be required. If you refuse to sign the delivery document, this will be taken as a refusal to accept delivery.
If no-one is at the delivery address or there is limited access to the delivery address, and a signature is not required for the delivery, the Delivery Agent will leave a collection card with instructions on where to collect the Goods.
For Big & Bulky deliveries, your Order will be referred to a delivery service provider who will contact you directly to arrange delivery and request any specific relevant access details such as stairs, parking restrictions. If nobody is available at the address on that date additional delivery fees may apply for re-delivery.
Prior to placing your Order, please read the product information page to determine if assembly is required. Unpacking, assembly and installation fees do not form part of your Delivery Fee.
Order cancellations and returns
Unless provided for under these Terms or as otherwise agreed by Laseraid, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Goods under the Returns Policy.
If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.
Unless otherwise explicitly stated by Us, Delivery Fees will not be refunded if you return Goods for change of mind or you made an incorrect selection, including if you ordered the incorrect size, colour etc.
Any Goods you purchase can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms a part of these Terms.
Laseraid will process any refunds within a reasonable time of agreeing to do so.
If the original payment was made:
a) on a credit card, refunds will be processed on the same card as the original payment was made.
b) using Afterpay, refunds will be processed back to the account through Afterpay.
Big & Bulky Goods cannot be returned or exchanged once the item has been delivered, unless required by Law. Please call Laseraid on (02) 9011 5509 if the product is faulty so that pickup can be arranged. Big & Bulky Goods cannot be returned to Laseraid unless previously agreed with Laseraid.
If a Good is subject to a product recall, a notice will be posted in the Product Recall notice section of the Website. You can return recalled Goods as instructed in the Product Recall notice.
You consent to us contacting you using the personal information provided on your Order, to notify you of a product recall by telephone, email, SMS, MMS or post.
Promotions and discounts
You may receive online offers and promotions. Some offers may include a promotional or coupon code (Code) for use when placing an Order. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. The Code cannot be applied after you have submitted your Order. Separate terms may apply to the use of the Code. The Code may be specific to only certain orders or Goods on the Site. Any Code is non-transferable, cannot be posted on a forum or website and may not be used with other offers.
All references to times in promotions are based on the local time in Sydney, Australia unless stated otherwise.
We may also collect location and other information such as the URL or advertisement you came from or linked to, IP address, browser type, pages you visited from the Website etc.
Unless otherwise indicated in your account settings or at the time you placed your Order, Laseraid may send you marketing information.
If you wish to change or update your online account information (including your email address, password or communication preferences), simply login to your account. Alternatively, you may contact Laseraid on (02) 9011 5509.
Laseraid reserves the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details. If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details or rescind the transaction. In this case, your Order must pass our fraud prevention protocols before it will be fulfilled. If you do not provide the requested information within the required time frame, your Order will be cancelled and payment returned, if applicable, to the method you originally paid. These information requests are sent to help protect credit card holders from online fraud.
Risk & Liability
Risk and title in the Goods passes to you on the date and time of delivery of the Goods to you by the Delivery Agent.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
We exclude to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
You represent and warrant to Us that We will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statute or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
We may, at our discretion, terminate the agreement for the supply of Goods to you:
a) for convenience, at any time, on giving notice to you; or
b) immediately if We reasonably believe that you have breached these Terms and:
a. that the breach is not capable of remedy; or
b. if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
See Laseraid’s Website Terms for further information on trademarks, copyright and other applicable terms including those relating to the use of the Site.
We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time you place an Order are those that govern that Order.
Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
Our failure or delay to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and Our exercise of a power or right does not preclude its future exercise or the exercise of any power or right.
The laws of New South Wales, Australia govern this agreement. Your transaction is deemed to have taken place in Roseville, New South Wales.
The following definitions apply to these Terms.
Big & Bulky Goods are goods for which extra handling and additional resources are required for delivery. Different Delivery Fees and requirements may apply.
Business Day means a weekday in which trading banks are open for the transaction of banking business in Sydney, Australia.
Delivery Address means the address to which the Goods are to be delivered, as stated on your Order.
Delivery Agent means a third party delivery or shipping company engaged by Us to deliver Goods.
Delivery Fee means the applicable fee for the delivery of Goods.
Goods means the items offered for sale on the Website, through our In-Store Ordering system and through our Customer Service Centre.
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Laseraid means Laseraid International Pty Ltd (ABN 17 638 110 568).
Laseraid Order means a request by you to purchase Goods from Laseraid under these Terms.
Order means a request by you to purchase Goods from Laseraid under these Terms.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website.
Returns Policy means the Laseraid Returns Policy. https://www.Laseraid.com.au/content/returns-policy
Website means the sites available from Laseraid.com.au.
Website Terms means the terms governing your use of the Website, in addition to these Terms. View the Website Terms here.
We, Us and Our means Laseraid in respect of a Laseraid Order. You and your means you as the purchaser of Goods from Laseraid pursuant to these Terms.
We want you to love your purchase, but if you have changed your mind you can return most unused or unwanted items as long as you have your receipt or proof of purchase.
Our policy including the change of mind limits do not exclude or replace your rights under Consumer Guarantees of the Australian Consumer Law, regulations or otherwise as required by law.
Please choose carefully when purchasing merchandise as change of mind returns will not be accepted.
Sales to individuals who Laseraid believes to be resellers or bulk purchasers are final sales, and the change of mind policy does not apply.
Refunds, exchanges or repair requests must be accompanied by any one of the following proof of purchase documents or Online Tax Invoice (order confirmations will not be accepted) and Credit Card statement.
Please note that our team members are not responsible for proving your purchase. You must supply the proof of purchase, which our team members can validate.
As a consumer, you are entitled to certain guarantees in respect of goods and services purchased from Laseraid. These guarantees are called Consumer Guarantees and are not impacted by a defined timeframe. The Australian Consumer Law, however does recognise that the relevant time period may vary by product (or service) depending on the nature of the goods (or service), the price paid and any representations made about the goods (or service).
Where you believe an item is faulty or defective, it may be necessary for us to send your goods to the manufacturer or their service agent for it to be assessed within a reasonable period of time. If the goods or service has a major failure, you may reject the good or service and seek a refund, exchange or repair or you may keep the item and seek compensation for any drop in value. If the failure is minor, we will repair the item (or, at our discretion, we may replace the item or refund you) within a reasonable time.
Please be aware that data (including, but not limited to, images, music and video) may be lost during the assessment and repair process of electrical and electronic products. It is the responsibility of the consumer to ensure that all personal data is deleted and backed-up before returning the item to Laseraid. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair goods.
Where an item is damaged through misuse, neglect or abnormal use, Laseraid will not provide a refund, exchange or repair.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
Laseraid will require satisfactory proof of purchase before providing a remedy under the Australian Consumer Law.
Refunds for all purchases will be given using your original payment method (online purchases will automatically be refunded to the account used to pay)
Gift or bonus with purchase offers and bundled items
Where merchandise is purchased with a gift or bonus offer, the gift or bonus must also be returned (unless otherwise stated). If you are unable to return the gift or bonus or it is not in a saleable condition, the value of any available refund will be reduced by the value of the gift or bonus (in full or in part).
In the instance of bundle offers, all items within the bundle must also be returned or the value of the unreturned items will be deducted from any available refund.
Sale of Goods (other than Online Purchases)
The following definitions apply to these Terms.
Buyer means the Company, authorised person and/or person who accepts the quotation from the Seller for the sale of Goods or whose order for the Goods is accepted by the Seller.
Contract means the legal relationship created between the Buyer and Seller in agreeing to an exchange of Goods in return for consideration resulting from the Buyer accepting the quotation from the Seller for the sale of Goods or from the Seller accepting an order for the Goods from the Buyer.
Goods mean the merchandise or service that the Seller agrees to supply to the Buyer.
Manufacturer means the original producer of the Goods which the Seller provides to the Buyer.
Quotation means any quotation provided by the Seller to the Buyer that contains the equipment, parts, accessories, services and work the Seller wishes to offer to the Buyer.
Seller means Laseraid International Pty Ltd, ABN 17 638 110 568 with whom the Buyer has contracted for the supply of Goods.
Sellers Premises means the premises mentioned in the Seller’s quotation or if not mentioned therein means 25 / 28 Barcoo Street, Roseville, NSW, 2069.
State means the state of New South Wales.
Terms and Conditions means these terms and conditions of sale which forms part of the Contract.
In this Terms and Conditions except to the extent that the context otherwise requires.
- any party named means and includes any or all of the heirs executors administrators and permitted assigns of that party or in the case where the party named is a corporation then the corporation its successors and permitted assigns;
- where two or more persons are named as a party the warranties covenants agreements and deeds of this Terms and Conditions bind them jointly and severally;
- in the event of any inconsistency between this Terms and Conditions and any other document, these Terms and Conditions prevail;
- any terms defined in the statement of the names and descriptions of the parties has the meaning there defined;
- reference to any legislation or any provision of any legislation includes any modification or re-enactment of the legislation or any legislative provision substituted for and all legislation and statutory instruments and regulations issued under the legislation;
- words denoting individuals or persons include bodies corporate and trusts and vice versa;
- headings are for convenience only and do not affect interpretation;
- any party referred to in this Terms and Conditions includes that party’s officers servants or agents;
- reference to a clause, sub-clause or schedule is a reference to a clause, sub-clause or schedule in these Terms and Conditions;
- reference to any document or deed includes reference to such document or deed as amended, novated, supplemented, varied or replaced from time to time;
- words denoting any gender include all genders;
- where any word or phrase is given a definite meaning in these Terms and Conditions any part of speech or other grammatical form in respect of such word or phrase has a corresponding meaning;
- unless otherwise stated in the Quotation reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
- reference to a time and date in connection with the performance of an obligation by a party is a reference to the time and date in the State notwithstanding that the obligation is to be performed elsewhere, and
- whereby virtue of the provisions of this Terms and Conditions the day on or by which any act, matter or thing is to be done is a Saturday, a Sunday or a public holiday in the place in which such act, matter or thing is to be done then that act, matter or thing must be done on the next succeeding day which is not a Saturday, a Sunday or a public holiday.
All Contracts are deemed to be governed by these Terms and Conditions unless specifically excluded or varied in writing and signed by a duly authorised employee or director of the Seller.
Validity & Acceptance
Any Quotation given by the Seller is valid for 30 days from the date of Quotation, unless otherwise stated elsewhere on the Quotation or an extension is granted in writing by the Seller. The acceptance of the Seller’s Quotation must be confirmed in writing and followed by a purchase order. Any verbal agreement by the Seller to proceed with the supply of Goods will be deemed to be on the basis that these Terms and Conditions form part of such supply.
Orders & Specifications
Any advice or recommendation, verbally or in writing, given by the Seller or its employees or authorised agents to the Buyer or its employees or authorised agents regarding storage, use or application of the Goods is given in good faith and does not constitute a guarantee of suitability or fitness for use. The Buyer shall at all times remain responsible for the use, application, storage and care of the Goods and the Seller’s liability in this regard shall be limited absolutely to the providing of Goods in compliance with published specifications.
Any typographical, clerical or other error or omission in any sales literature, Quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
Where the Buyer has provided an order for the Goods, the Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of such order as submitted together with supplying any necessary information pertinent to the Goods within a sufficient time to enable the Seller to perform the terms of the order.
The quantity, quality and description of, and any specification of the Goods shall be those stipulated in the Quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller). Unless otherwise accepted by the Seller, minimum or standard-pack quantities for the Goods, as shown in the Seller’s Price List, are applicable and may only be ordered accordingly.
The Seller reserves the right to make any changes in the specification of the Goods in order to conform with any applicable safety or other statutory requirements, as directed by the Manufacturer. The Seller further reserves the right to make any changes to the specification of the Goods where the Goods are to be supplied to the Seller’s specification, provided the changes proposed by the Seller do not materially affect the Goods’ quality or performance.
If the Goods are to be assembled, produced and/or additional processing added by the Seller in accordance with the specification stipulated by the Buyer, then the Buyer shall indemnify the Seller against any loss, damages, costs and expenses awarded against or incurred by the Seller in any infringement of intellectual property rights, which may result from the Buyer’s specification.
In the event the Buyer suspends or cancels any part or all of the order to which extent the Seller has placed orders with the Manufacturer and the Seller is then subjected to additional costs as a result of the Buyer’s suspension or cancellation of the order, the Seller reserves the right to seek compensation from the Buyer for all costs incurred or committed inclusive of any other expenses and loss of profits as at the date of suspension or cancellation.
Prices & Payment Terms
Unless otherwise specified, all prices are quoted nett FOB (Free on Board) or FOT (Free on Truck), Point of Supply in Australian Dollars. Point of Supply shall be the Seller’s premises on which the Buyer placed the order for Goods. Unless stipulated on the Quotation all prices exclude freight, carriage, insurance, non-standard packaging charges, GST and sales taxes (as applicable).
Freight charges for Goods dispatched to areas other than metropolitan areas or by other than the Seller’s normal carriers shall be billed to the Buyer’s account at cost.
Standard payment terms for Buyers who have approved credit accounts with the Seller are 30 days EOM (end of month). Payment terms for Buyers without approved credit accounts are full payment prior to shipment or collection.
Risk in the Goods shall pass to the Buyer as soon as they are delivered or deemed to be delivered. Property in and title to the Goods will not pass to the Buyer until those Goods and all other amounts owed to the Seller by the Buyer have been paid in full.
The Seller reserves the right to charge interest at the published overdraft reference rate by the Sellers bank per month on all overdue accounts.
Expenses and disbursements incurred in recovering any overdue payment including debt collection agency costs will be charged to the Buyer’s account.
Delivery, Storage & Returns
All times or dates given for delivery of Goods are given in good faith but without any responsibility on the part of the Seller. Time of delivery shall not be of the essence of the Contract unless agreed in writing. The Seller however reserves the right to make partial delivery of the Goods and each partial delivery shall for the purpose of payment be deemed as a separate Contract and will be invoiced respectively. The Goods may be delivered by the Seller in advance of the quoted delivery date unless specifically excluded by the Buyer in his written purchase order.
Where no method of delivery of the Goods has been specified, the Buyer shall give the Seller all necessary instructions and authority for making all necessary arrangements such that the delivery may be effected within 5 business days after the Seller notifies the Buyer of the availability of the Goods. All claims for non-delivery or damage to the Goods must be made in writing to the Seller within 7 days of dispatch date.
In the event of any delay or failure of delivery due to unforeseen circumstances or beyond the control of the Seller, the Seller shall not be deemed to be in breach of the Contract, and the Buyer shall grant the Seller an extension of the delivery time so as to fulfill the obligations of the Contract.
The Buyer may not return the Goods or any part of the Goods to the Seller after delivery unless an approved returned goods authorisation number is obtained in advance and a copy of same is issued to Seller on return of Goods as evidence of acceptance of return. The Seller will not under any circumstance accept for credit any Goods returned without approval and will not be held responsible for their disposition.
In the event the Seller agrees to accept Goods for return by issuing a returned goods authorisation number the following conditions will apply to the return of such goods;
- with the exception that the return is a result of an incorrect supply made by the Seller all freight charges incurred to return Goods to point of supply must be prepaid by the Buyer;
- reference to the Seller’s goods returned authorisation number must accompany all retuned Goods;
- Goods to be returned must be either the original supplied quantities or in full pack quantities and be in “as new” saleable condition;
- Goods specially ordered on indent or those of a custom nature are not returnable;
- applications for return of Goods must be made within 14 days of the original invoice date;
- no returns will be accepted for Goods with an invoice value less than $100.00;
- restocking charge of 20% of the invoice value will apply to Goods accepted for return. If the Buyer orders (at the time of return of goods) alternate Goods with a value equivalent to or greater than the invoice value of the returned Goods, this restocking charge will be reduced to 10% of the invoice value.
Warranties & Liabilities
The Seller warrants to the extent such warranty or guarantee is given to or extended by the Manufacturer or third party to the Seller, that the Goods conform to their published specifications as at the time of delivery and will be new and free of defects in material and workmanship. The Seller further warrants upon consultation with the Manufacturer and subject to the conditions of warranty set out in this clause 8 that it will repair or replace any defects in material or workmanship which become apparent within 12 months from the date of shipment.
The Seller’s warranty to repair or replace any defects in material or workmanship in the Goods is subject to the following conditions:
- the Goods must be returned to the Seller with proof of purchase;
- the Goods must not have had their serial number removed, defaced or changed, casing opened, or otherwise have been tampered with in any other way;
- failure of the Goods must not be due to fair wear and tear, willful damage, negligence, abnormal working conditions, failure to comply with the Seller’s or Manufacturer’s instructions (whether in writing (including but not limited to clause 8.7) or oral), misuse, alteration or repair of the Goods without the Seller’s and Manufacturer’s written consent or use or application of the Goods with incompatible products;
- the Seller will not be responsible for damage or loss caused during shipping;
- the Seller shall be under no liability in respect of any defect arising from any drawing, design or specification supplied by the Buyer;
- any Goods which are found to be faulty due to abuse, misuse or improper installation will not form part of above warranty.
The Seller’s warranty does not cover or extend to parts, materials or equipment not manufactured by the Seller. The guarantee of the Manufacturer of those Goods is accepted by the Buyer and notwithstanding anything contained herein in the contrary, it is the only guarantee given to the Buyer in respect of the Goods. The Seller agrees to assign to the Buyer on request made by the Buyer the benefit of any warranty or entitlement to the Goods that the Manufacturer has granted to the Seller under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable. Seller’s warranty obligation shall be limited to providing reasonable assistance to Buyer in the enforcement of third party warranty obligations for Goods manufactured, produced or fabricated by others during the warranty term stipulated by the third party.
There are no warranties which extend beyond the description on the face hereof. this warranty is given expressly and in place of all other express or implied warranties and all implied warranties, including those conditions for merchantability and fitness for a particular purpose, are disclaimed.
Seller shall not be liable and the Buyer releases the Seller from any claims in respect of any injury, loss or damage (whether direct or consequential) arising from any defect in, or in the operation of, any Goods or part thereof or from loss of use thereof caused by any act or omission of the Seller or its servants or agents (including negligent acts or omissions). In any event the Seller’s liability under this clause is limited strictly to the replacement of defective parts in accordance with these Terms and Conditions. The Buyer, in purchasing Goods from the Seller agrees in this respect to further fully indemnify the Seller against any claims which may be made against the Seller by any third party in respect of such injury, loss or damage.
For purpose of this section, the following definitions shall apply:
Seller Group shall mean (i) Seller, its parent, subsidiary or related companies, (ii) its and their working interest owners, co-lessees, co-owners, partners, joint venturers, if any, and their respective parents, subsidiary or related companies and (iii) the officers, directors, employees, consultants, agents and invitees of all of the foregoing.
Buyer Group shall mean (i) Buyer, its parent, subsidiary or related companies, (ii) its and their working interest owners, co-lessees, co-owners, partners, joint venturers, if any, and their respective parents, subsidiary or related companies and (iii) the officers, directors, employees, consultants, agents and invitees of all of the foregoing.
Claims shall mean all claims, demands, causes of action, liabilities, damages, judgments, fines, penalties, awards, losses, costs, expenses (including, without limitation, attorneys’ fees and costs of litigation) of any kind or character arising out of, or related to, the performance of or subject matter of this Agreement (including, without limitation, property loss or damage, personal or bodily injury, sickness, disease or death, loss of services and/or wages, or loss of consortium or society).
Seller shall release, indemnify, defend and hold Buyer Group harmless from and against any and all Claims in respect of personal or bodily injury to, sickness, disease or death of any member of Seller Group or Seller Group’s subcontractors or their employees, agents or invitees, and all Claims in respect of damage to or loss or destruction of property owned, leased, rented or hired by any member of Seller Group or Seller Group’s subcontractors or their employees, agents or invitees.
Buyer shall release, indemnify, defend and hold Seller Group harmless from and against any and all Claims in respect of personal or bodily injury to, sickness, disease or death of any member of Buyer Group or Buyer Group’s other contractors or their employees, agents or invitees, and all Claims in respect of damage to or loss or destruction of property owned, leased, rented or hired by any member of Buyer Group or Buyer Group’s other contractors or their employees, agents or invitees.
Notwithstanding anything contained in this agreement to the contrary, neither party shall be liable to the other and each party releases the other for any indirect, special, punitive, exemplary, incidental or consequential damages or losses of any kind or nature whatsoever (including without limitation, damages for lost production, lost revenue, lost product, lost profit, lost business or business opportunities), or any lost income of profits (whether direct or indirect), regardless of whether arising from breach of contract or tort, even if advised of the possibility of such loss or damage at the date of this agreement or if such loss or damage could have been reasonably foreseen.
Seller’s total liability for all Claims (including attorney’s fees and cost of litigation) shall be limited to and shall not exceed the value of the Goods purchased under the Contract.
The exclusions of liability, releases and indemnities set forth shall apply to any claim(s), losses or damages without regard to the cause(s) thereof, including but not limited to pre-existing conditions, whether such conditions be patent or latent, the unseaworthiness of any vessel or vessels, imperfection of goods, defect or failure of goods, breach of representation or warranty (express or implied), ultrahazardous activity, strict liability, tort, breach of contract, breach of duty (statutory or otherwise), breach of any safety requirement or regulation, or the negligence or other legal fault or responsibility of any person (including the indemnified or released party), whether such negligence be sole, joint or concurrent, active or passive.
For the Buyer to be able to rely on the Seller’s warranty, the Buyer must:
- take all reasonable and proper care of the Goods and keep them in good working order, repair and condition (fair wear and tear excepted);
- comply with all Seller’s or manufacturer’s instructions and manuals relating to the Goods;
- service and maintain the Goods in accordance with the Seller’s and/or manufacturer’s specifications and all reasonable directions given by the Seller in writing;
- not use, or permit to be used, the Goods for any purpose for which it is not designed, which contravenes any applicable law or which is not permitted by the terms of any insurance policy effected with respect to the Goods;
- keep the Goods in its possession at the location and conditions agreed with the Seller;
- not make or permit to be made any alteration or addition to the Goods without the Seller’s prior written consent; and
- comply and be responsible for ensuring compliance with all of the obligations imposed upon the Buyer in relation to the Goods under all applicable laws.
The intellectual property rights in or relating to the Goods shall remain exclusively the property of the Seller and neither the Buyer nor any agent or subcontractor or any other person authorised by the Buyer shall, at any time, make use of same without the prior written authorisation of the Seller.
All specifications, drawings and other particulars including weights and dimensions are approximate only. Descriptions and illustrations contained in the Seller’s catalogues and other illustrated materials are intended only as a conceptual presentation of the equipment or merchandise described therein and none of these shall form part of the Contract.
All specifications, software, firmware, drawings and technical details submitted with, in support of or in connection with the Seller’s Quotation constitute copyright property and material. All such material, information and application knowledge, whenever supplied, shall at all times be treated by the Buyer or its employees or authorised persons, as confidential and shall not be used, without our consent, for purposes other than the following,
- evaluation of the Quotation,
- confirmation of order or Contract with the Seller,
- the operation or application of the equipment or merchandise.
The Buyer will immediately notify the Seller of any unauthorised disclosure or use of any documents supplied to the Buyer or produced by the Seller under the Buyers instruction or the specifications, software, firmware, drawings and technical details submitted with, in support of, or in connection with the Quotation of which the Buyer becomes aware and will take all steps which the Seller may reasonably require in relation to such unauthorised disclosure or use.
The designs and features of the Goods offered by the Seller are, in many cases, protected under patents, either existing or pending and unauthorised reproduction of same constitutes an infringement of the Manufacturer’s rights.
The Buyer acknowledges and accepts that the Seller would suffer financial and other loss and damage as a result of any unauthorised disclosure or use of all documents supplied to the Buyer or produced by the Seller under the Buyers instruction or the specifications, software, firmware, drawings and technical details submitted with, in support of, or in connection with the Quotation and that monetary damages may be insufficient remedy. The Buyer acknowledges and accepts that, in addition to any other remedy which may become available in law or equity, the Seller is entitled to injunctive relief to prevent a breach of these Terms and Conditions and to compel specific performance of these Terms and Conditions. The Buyer will immediately reimburse the Seller for all costs and expenses (including legal costs and disbursements on a full indemnity basis) incurred in enforcing the obligations of these Seller under these Terms and Conditions.
Inspection, Test & Certification
All Goods, where deemed appropriate by the Seller, may be subjected to the Seller’s internal test, quality and inspection procedures as set out by or in line with the Manufacturer’s quality control procedures. Any additional certification or inspection carried out under request from the Buyer, which is additional to those inspections or testing required to maintain any third party product certification that the Manufacturer may hold will be invoiced to the Buyer.
Disputes & Arbitration
Any and all disputes which cannot be settled between the Buyer and Seller by informal negotiation shall be submitted to an arbitrator for resolution in accordance with the provisions of the Commercial Arbitration Act 2012. In the event the parties cannot agree on an arbitrator within 14 days of the end of any informal negotiation, the arbitrator will be appointed by the President from time to time of the NSW Chapter of the Institute of Arbitrators & Mediators Australia. The decision of the arbitrator shall be final and binding on both parties.
The rights arising out of these Terms and Conditions are exclusive and in lieu of any other right available in law or equity.
Any clause or part of a clause of these Terms and Conditions which is void, voidable, illegal or unenforceable in any jurisdiction is void, voidable, illegal or unenforceable only to that extent in that jurisdiction. Where any clause or part of a clause is void, voidable, illegal or unenforceable it may be severed without affecting any other part of these Terms and Conditions.
No right under these Terms and Conditions is waived or deemed to be waived except by notice in writing signed by the party waiving the right.
A waiver by one party does not prejudice its rights in respect of any subsequent breach of these Terms and Conditions by the other party.
A party does not waive its rights under these Terms and Conditions because it grants an extension, indulgence or forbearance to the other party.
Governing Law & Jurisdiction
These Terms and Conditions are governed by the laws of the State, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of the State.
Any rights or obligations provided in these Terms and Conditions may not be assigned or transferred by the Buyer without the prior written permission of the Seller.
These Terms and Conditions form part of the Contract and comprise the entire agreement between the parties and no earlier representation or agreement whether oral or in writing in relation to any matter dealt with in these Terms and Conditions has any effect from the date of the Contract.
Each party must do or cause to be done or refrain from doing all such acts or things necessary to give effect to these Terms and Conditions.
None of the terms or conditions of these Terms and Conditions or any act, matter or thing done under or by virtue of these Terms and Conditions or any other deed, instrument or document, or judgment, or order of any court, or judicial proceedings operates as a merger of any of the rights and remedies of the parties under these Terms and Conditions and those rights and remedies at all times continue in force.
If, notwithstanding the provisions of these Terms and Conditions a provision is still void, voidable, illegal or unenforceable:
- if the provision would not be void, voidable, illegal or unenforceable if a word or words were omitted, that word or those words are severed; and
- in any other case the whole provision is severed, the remainder of these Terms and Conditions remain in full force and effect.
Any communication to be given by a party under the Contract must be in writing addressed in accordance with the particulars for that party appearing in the Contract as may be notified in writing by that party to the other parties.
Each communication must be delivered and is deemed to be received either by hand, prepaid post or by electronic means.