GOVERNING TERMS AND CONDITIONS
Buyers are notified that any Purchase Order terms and conditions shall be expressly set aside and disregarded in favour of these terms and conditions. These are the only terms and conditions which are binding upon Safetech Hardware with the exception of those otherwise agreed in writing by Safetech Hardware or which are imposed by a statute and which cannot be excluded. Any direction by the Buyer either verbal or written to procure goods or services from Safetech Hardware will be deemed as acceptance by the Buyer of these terms and conditions, despite any provisions to the contrary in the direction or any purchase order issued by the Buyer. The United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980) known as the Vienna Sales Convention does not apply to the contract of sale comprised by these terms and conditions nor do any of the terms and conditions express or implied by the Vienna Sales Convention form any part of the contract of sale.
OWNERSHIP AND RISK
All items remain the property of Safetech Hardware physically and in title until paid for in full. Safetech Hardware maintains a lien over all items until paid for in full. Goods supplied by Safetech Hardware to the Buyer shall be at the Buyer’s risk immediately upon delivery to the Buyer, into the Buyer’s custody or at the Buyer’s direction (whichever happens first). The Buyer is advised to insure the goods from the time of that delivery at its cost against such risks as it thinks appropriate. The Buyer irrevocably authorises Safetech Hardware or its agent at any time to enter onto any premises of the Buyer upon which if the Buyer has breached the terms and conditions of payment to reclaim the goods.
Unless otherwise agreed in writing and subject to the provisions below and herein, all hardware provided by Safetech Hardware is warranted as fit for purpose for a period of 60 days from the date of sale (invoice date). All warranty offered under these terms and conditions are on a return to base basis only. Safetech Hardware is not responsible for freight, transport or insurance warranty claims. No warranty is given for corrosion, UV or Solar exposure, or rough handling, lack of maintenance or wear and tear.
Payment for goods delivered and accepted is due within 30 calendar days from the invoice date, unless other payment arrangements are mutually agreed in writing between Safetech Hardware and the Buyer. If the Buyer fails to make payment in accordance with this clause, all amounts owing by the Buyer to Safetech Hardware on any account shall immediately become due and payable. Safetech Hardware reserves the right to charge a late payment fee against outstanding accounts equal to 2% above the overdraft rate as charged by the National Australia Bank, calculated daily, plus a $40 per month administration fee.
With prior arrangement, Safetech Hardware may accept returned goods in its sole and absolute discretion. Safetech Hardware reserves the right to refuse the request to return goods in the event that there was no breach of the Commercial Warranties outlined above. All returns must be in original undamaged and unused condition and undamaged packaging. A 20% restocking fee will apply to all returned goods. Items returned in damaged packaging may incur a repacking fee.
INSPECTION AND ACCEPTANCE
The Buyer shall inspect all goods upon delivery, or by arrangement at Safetech Hardware prior to delivery, and shall within 48 hours of delivery give notice to Safetech Hardware of any matter or thing by which the Buyer considers the goods are not in accordance with the Buyer’s order. Failing such notice, subject to any non-excludable condition implied by law, such as those in the Competition and Consumer Act 2010 (Cth) or any equivalent legislation within the applicable jurisdiction, the goods shall be deemed to have been delivered to and accepted by the Buyer. Any claims or notifications outside the 48-hour period shall not be accepted by Safetech Hardware.
Unless previously withdrawn, a quotation is valid for 30 days or such other period as stated in it. A quotation is not to be construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise from it until the Buyer’s order has been accepted in writing by Safetech Hardware. Safetech Hardware shall not be bound by any conditions attaching to the Buyer’s order or acceptance of a quotation and, unless such conditions are expressly accepted by Safetech Hardware in writing, the Buyer acknowledges that such conditions are expressly negatived. Every Quotation is subject to and conditional upon obtaining any necessary import, export or other licence, availability of sub-supplies, and a +/- 10% currency rise and fall provision for internationally sourced items.
All deposits against tooling are non-refundable. Deposits will only be refunded where orders are cancelled or modified prior to any work being performed against that order, work shall include design, fabrication, development, purchasing or similar activities.
Unless items are marked “ex stock” Buyers are reminded that delays sometimes may occur in delivery and must be taken into consideration. Whilst Safetech Hardware will use all reasonable endeavours and strive to meet delivery timing and dates provided, Safetech Hardware cannot guarantee to deliver the items by a requested or agreed date. Any and all times or dates provided by Safetech Hardware in the course of providing a quotation or completion of a purchase order are estimates only. Specialist tooling and custom equipment often encounters delays due to a variety of reasons such as design issues, trades shortages, funding, transport, component shortages which Safetech Hardware will strive to mitigate but cannot be held responsible. Time is not of the essence for any contract formed under these terms and conditions. Safetech Hardware reserves the right to suspend or discontinue the supply of goods to the Buyer without being obliged to give any reason for its action.
If the performance or observance of any obligations of Safetech Hardware is prevented, restricted or affected by reason of a force majeure event including strike, lock out, funding, industrial dispute, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of Safetech Hardware, Safetech Hardware may, in its absolute discretion give notice of that cause to the Buyer. On delivery of that notice Safetech Hardware is excused from such performance or observance to the extent of the relevant prevention, restriction or effect.
Unless otherwise agreed in writing, the Buyer shall have no right to cancel an order which has been accepted by Safetech Hardware. If a right of cancellation is expressly reserved to the Buyer and agreed in writing with Safetech Hardware, such right of cancellation must be exercised by notice in writing from the Buyer to Safetech Hardware with which the order has been placed not later than 45 days prior to the estimated date of shipment. Unless otherwise agreed in writing, upon cancellation prior to shipment any deposit paid by the Buyer shall be forfeited to Safetech Hardware. Despite the cancellation of any order for any reason, the Buyer acknowledges that he/she must still purchase from Safetech Hardware any goods ordered by Safetech Hardware which constitute Exclusive Goods (whether in store, in transit or being manufactured) which were procured or ordered by Safetech Hardware in good faith before such cancellation. The full value of tooling and design/development shall be payable upon any cancellation, irrespective of the stage of build or development.
LIMITATION OF LIABILITY
To the extent permitted by law, and except as expressly agreed by Safetech Hardware, all warranties, representations, terms and conditions, concerning the items to be supplied by Safetech Hardware, whether express or implied, are hereby expressly excluded. Safetech Hardware shall not be liable in respect of any claim, whether in contractual, tortious, statutory or otherwise, for any loss, damage, costs, expenses or other injury or harm suffered by the Buyer or any other person in relation to, or arising out of the items. These terms and conditions must be read and construed subject to the provisions of the Competition and Consumer Act 2010 (Cth) or any equivalent legislation within the applicable jurisdiction. To the extent permitted by law, Safetech Hardware’s liability (if any) shall be limited, at its option to the replacement or repair of the items or the supply of equivalent items or the payment of replacing the items or having the items repaired or of acquiring similar items, at reasonable costs as determined by Safetech Hardware.
These terms and conditions and any contract including them shall be governed by and construed in accordance with the laws of the State of Victoria, Australia and the Buyer and Safetech Hardware submit to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia. Ref/Revision: POL.GRP.09.07-C 1 December, 2007 AM