General Terms and Condition For Supply of Goods
1. General
(a) These Terms and Conditions form an integral and fundamental part of the quotation submitted by Dill-Tech Pty Ltd (hereinafter referred to as Dill-Tech) and shall be embodied in and form part of the Agreement between Dill-Tech and the Purchaser of the Goods.
(b) Goods means the products and/or services specified overleaf or elsewhere.
(c) These terms shall be governed by and construed by in accordance with the laws of Western Australia.
(d) These terms (including any quotation) may not be varied except in writing and signed by a duly authorised Director of Dill-Tech.
(e) The Purchaser shall be deemed to have carefully examined all documents furnished by Dill-Tech and fully satisfied itself regarding all the technical specifications and suitability for the site and application constraints, conditions, risks, contingencies and other circumstances which might affect the supply and performance of the Goods.
2. Representations
(a) A quotation provided by Dill-Tech may be withdrawn at any time. Unless withdrawn, each Dill-Tech quotation is open for acceptance within the period stated on the quotation or, when no period is stated, within thirty (30) days after the date of the quotation.
(b) The descriptions, illustrations and performances contained in catalogues, price lists and other advertising matter do not form part of the terms and conditions of the sale of Goods.
(c) All Goods to be supplied by Dill-Tech shall be described on the purchase order agreed by Dill-Tech and the Purchaser. The description on the agreed purchase order shall prevail over all other descriptions including any Purchaser's specification or enquiry.
3. Price and Payment
(a) Unless otherwise stated, all prices quoted by Dill-Tech are nett, exclusive of GST.
(b) Unless otherwise stated all sales require 100% payment prior to shipping. Credit terms are not normally extended, and exceptions require submission of financial integrity information satisfactory to our accounting department. In case of credit card sales, shipment will be held until payment has been fully transacted by the credit card and banking channels.
(c) All sales will be considered ExWorks, Dill-Tech Perth WA. Dill-Tech will prepare and submit shipping and export documents, if so requested by the buyer, and Dill-Tech assumes no responsibility or will carry no liability for goods that are seized, detained, or otherwise delayed or confiscated by any agency, in the course of transfer of goods to the end user destination.
(d)Software licences are non-transferable single user licences.
4. Cancellation
(a) No order may be cancelled except with Dill-Tech consent in writing and on terms which will indemnify Dill-Tech against losses.
4. Warranty
(a) A warranty for parts and labour on all manufactured equipment is in effect for one year from the date the goods are shipped from Dill-Tech. except for consumable (such as batteries and fibre optic cables), normal wear and tear on equipment, and third-party products, such as computers and printers for which the original manufacturer's warranty applies.
(b) Extended warranty for periods up to 3 years may apply when extended warranty options are quoted. Inspection and service are to be carried out at a facility authorized by Dill-Tech only. Warranty does not include cost of shipment to and from manufactures facility. Warranty is only valid in the country this quotation is addressed to. Warranty is not transferable unless authorized by Drill-Tech.
6. Except as expressly set forth in this document, Dill-Tech. disclaims any and all promises, warranties, and representations, expressed, implied, statutory, or otherwise, with respect to the products quoted, and specifically disclaims any warranty of merchantability, fitness for a particular purpose (irrespective of any previous course of dealings between the parties or usage of trade) or non-infringement with respect to the products quoted.
5. Force Majeure
(a) Force Majeure, Neither party hereto will be liable to the other for default or delay in the performance or any of its obligations hereunder (except for the obligation of payment) due to act of God, accident, fire, flood, storm, riot, war, sabotage, explosion, strike, labour disturbance, national defence requirement, governmental law, ordinance, rule or regulation, whether valid or invalid, inability to obtain electricity or other type of energy, raw material, labour, equipment or transportation, or any similar or different contingency beyond its reasonable control whether or not the contingency is of the same class of those enumerated above, it being expressly agreed that such enumeration shall be non-exclusive the party whose performance is delayed by any such contingency shall have the right to extend any periods during which performance is required hereunder for a period equal to the period of time during which such performance is delayed by the contingency.
