Aleis ISO-FFW Series Operational Manual
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all freight is paid by the purchaser.
(2)
If goods are not manufactured by vendor the guarantee of the manufacturer thereof shall be accepted by the purchaser and is the
only guarantee given to purchaser in respect of the goods.
(3)
Vendor shall not be liable for and purchaser releases vendor from any claims in respect of faulty or defective design of any
goods supplied unless such design has been wholly prepared by vendor and the responsibility for any claim has been specifically accepted by vendor
in writing and in any event vendor's liability hereunder shall be strictly limited to the replacement of defective parts in accordance with para 11(1) of
these conditions.
Except as provided herein, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability,
description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise
are hereby expressly excluded and vendor shall not be liable for physical or financial injury, loss or damage or for consequential loss or damage of
any kind arising out of the supply, layout, assembly, installation or operation of the goods or arising out of vendor's negligence or in any way
whatsoever.
12.
Vendor's liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974 (other than s 69) is
hereby limited to:
(1)
in the case of goods, any one or more of the following:
the replacement of the goods or the supply of equivalent goods;
(b)
the repair of the goods;
(c)
the payment of the cost of replacing the goods or of acquiring equivalent goods;
(d)
the payment of the cost of having the goods repaired; or
(2)
in the case of services:
(a)
the supplying of the services again; or
(b)
the payment of the cost of having the services supplied again.
13.
Vendor's liability under s 74H of the Trade Practices Act 1975 is expressly limited to a liability to pay to the purchaser an amount equal to:
(1)
the cost of replacing the goods;
(2)
the cost of obtaining equivalent goods; or
(3)
the cost of having the goods repaired, whichever is the lowest amount.
14.
Unless otherwise stated all prices quoted by vendor are net, exclusive of tax. Prices quoted are those ruling at the date of issue of quotation
and are based on rates of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, rate of weighs, cost
of materials and other charges affecting the cost of production ruling on the date the quotation is made and any alterations thereto either before
acceptance of or during the currency of the contract shall be to the purchaser's account.
15
The purchase price in relation to goods shall be payable and payment or balance thereof shall be made immediately at time of order, or
otherwise as agreed in writing.
16.
Vendor reserves the following rights in relation to the goods until all accounts owed by the purchaser to vendor are fully paid:
(1)
legal ownership of the goods;
(2)
to enter the purchaser's premises (or the premises of any associated company or agent where the goods are located) without
liability for trespass or any resulting damage and retake possession of the goods; and
(3)
to keep or resell any goods repossessed pursuant to (2) above;
If the goods are resold, or products manufactured using the goods are sold, by the purchaser, the purchaser shall hold such part of the proceeds of any
such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the
beneficial property of vendor and shall pay such amount to vendor upon request. Notwithstanding the provisions above vendor shall be entitled to
maintain an action against the purchaser for the purchase price and the risk of the goods shall pass to the purchaser upon delivery.
17.
Any property of the purchaser under vendor's custody or control shall be entirely at the purchaser's risk as regards loss or damage caused
to the property or by it.
18.
Vendor reserves the right to make a reasonable charge for storage if the purchaser does not take delivery of goods within fourteen days of
notification that the goods are ready for collection.
Summary of Contents for ISO-FFW-6000
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