Aleis ISO-FFW Series Operational Manual
Page 43 of 45
19.0
ALEIS CONDITIONS OF SALE
In these conditions:
`Vendor' means Aleis Pty Ltd ACN 081 411 734 of Cnr Old Rosevale & Jandowae/Kingaroy Roads, Jandowae, Queensland, 4410 which is the seller
of the goods
‘Factory’ means the Vendor’s principal place of business at Cnr Old Rosevale & Jandowae/Kingaroy Roads, Jandowae, Queensland,4410.
Purchaser' means the customer(s) described overleaf which is the purchaser of the goods.
`Goods' means the products and, if any, services specified overleaf
Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any
condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974) and which by law cannot be excluded,
restricted or modified.
Words denoting the singular number only include the plural number and vice versa; where reference to any gender includes every other gender and
words denoting individuals include corporations
These conditions (which shall only be waived in writing signed by the vendor) shall prevail over all conditions of the purchaser's order to the extent of
any inconsistency.
3.
The goods and all other products sold by vendor are sold on these terms and conditions.
4.
Unless previously withdrawn, vendor's quotation is open for acceptance within the period stated therein or, when no period is so stated,
within thirty (30) days only after its date. The vendor reserves the right to refuse any order based on this quotation within 7 days after the receipt of
the order.
5.
The cost of any special packing and packing materials used in relation to the goods shall be at the purchaser's expense notwithstanding that
such cost may have been omitted from any quotation.
6.
The purchaser waives any claim for shortage or discrepancy of any goods delivered if a claim in respect thereof has not been lodged with
vendor within seven (7) days from the date of receipt of goods by the purchaser.
7.
All specifications, drawings, and particulars of weights and dimensions submitted by vendor are approximate only and any deviation shall
not be taken to vitiate any contract with vendor or form grounds for any claim against vendor. The descriptions, illustrations and performances
contained in catalogues, price lists and other advertising matter do not form part of the contract of sale of the goods. Where specifications, drawings
or other particulars are supplied by purchaser, vendor's price is made on estimates of quantities required. Should there be any adjustments in quantities
above or below the quantities estimated by vendor and set out in a quotation, then any such increase or decrease shall be adjusted on a unit rate basis
according to unit prices set out herein.
8.1
Any performance figures given by vendor are estimates only. Vendor shall be under no liability for damages for failure to attain such
figures unless specifically guaranteed in writing and any such written guarantee shall be subject to the recognised tolerances applicable to such
figures.
8.2
The Purchaser acknowledges that frequency from other products, for example computer equipment, videos, loud speakers and other metal
products may affect the goods’ performance. The Vendor gives no warranty that in the event of any frequency disruption the goods will remain fit for
the purpose intended. The Vendor will not be liable for any claims made as a result of other equipment or other things interfering with the
performance of the goods whether on account of frequency disruption or otherwise.
9.
Delivery dates mentioned are an estimate only and vendor shall not be liable for late delivery or non-delivery and under no circumstances
shall the vendor be liable for any loss, damage or delay occasioned to the purchaser arising from late or non-delivery or late installation of the goods.
10.
(1)
Unless specifically agreed otherwise in writing, delivery shall be ex-factory. The Purchaser must make its own arrangements
for the transport of the goods from the factory and any assistance that the Vendor gives in transporting the goods shall not effect the rights of the
Vendor under this Clause. Vendor is not responsible for any loss or damage to goods in transit.
(2)
Risk in the goods shall pass to the Purchaser upon dispatch of goods from Factory.
11.
(1)
Vendor's liability for goods manufactured by it is limited to making good any defects by repairing the same or at vendor's
option by replacement, within a period not exceeding twelve calendar months after the goods have been dispatched (or installed by Aleis) provided
that:
(a)
defects have arisen solely from faulty materials or workmanship;
(b)
the goods have not received maltreatment, inattention or interference;
(c)
accessories of any kind used by the purchaser are manufactured by or approved by vendor;
(d)
the seals of any kind on the goods remain unbroken; and
the defective parts are promptly returned free of cost to vendor.
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