Conergy SunEasy 1000, Руководство пользователя

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1. Validity of General Terms and Conditions
1.1 Until Conergy Pty Ltd ABN 57 112 387 569 (“Conergy”) notifies a
customer of replacement Terms and Conditions, these Terms and
Conditions will apply to all sales of products (“Products”) and supplies
of services (“Services”) by Conergy and will form part of any contract
resulting from any customer (“Purchaser”) placing an order with
Conergy except as varied by written agreement by Conergy and the
Purchaser (“Order”).
1.2 In the event of any inconsistencies between any Order or other
documentation of the Purchaser and these Terms and Conditions,
these Terms and Conditions will prevail.
. Offer and Conclusion of a Contract
2.1 A quotation is not an offer by Conergy to sell or supply and may be
withdrawn or varied at any time prior to Conergy’s acceptance of an
Order, and is void after thirty (30) days unless extended in writing by
Conergy. In addition, prices are subject to variation in accordance
with clause 3. Conergy reserves the right to correct typographical
and clerical errors. Any and all declarations of acceptance and Orders
need to be confirmed by Conergy in writing or by fax to become
legally effective. Conergy’s issue of an Order acknowledgement is
not and does not imply acceptance of any terms or conditions in any
Order form or other documentation of the Purchaser.
2.2 Conergy’s employees are not authorised to make any oral collateral
agreements or oral confirmations which go beyond the content of
the written contract and the Purchaser will not rely on any such oral
collateral agreements or oral confirmations.
2.3 In the event that Conergy cannot perform an accepted Order for
whatever reason, Conergy will immediately inform the Purchaser
that the performance is not available and the Purchaser’s counter-
performance relating to the specific accepted Order will be
immediately reimbursed.
2.4 Only properties which are set out in the technical product description
of an Order are considered to be agreed as quality of the Products.
Public statements, recommendations or advertising of the
manufacturer are not considered contractual qualities of the Products.
2.5 Any and all drawings, illustrations, measures, weights or other
performance data related to a quotation or an offer to a Purchaser will
only be binding if they are explicitly agreed in writing by Conergy.
2.6 Quotations may only be accepted as a whole; component parts of
a quotation are not open to be accepted separately. Subsequent
Orders are subject to further quotation.
3. Prices and Terms of Payment
3.1 The terms of payment are net cash before dispatch, unless the
Purchaser has a current credit account with Conergy. The terms
of payment for a Purchaser with a current credit account are net
cash, free of exchange, thirty (30) days from the end of the month
in which the Products are delivered, or are ready for delivery, or the
Services are supplied. Conergy reserves the right to invoice for
partial deliveries or supplies, or deliveries or supplies delayed at the
Purchaser’s request.
3.2 Prices quoted or accepted:
3.2.1 do not include taxes, imposts or duties. Conergy may recover
from the Purchaser, and the Purchaser must pay the amount
of any sales tax, customs tax, use tax, consumption tax,
goods and services tax, value-added tax or any similar tax,
impost or duty levied on any supplies made by Conergy to
the Purchaser under or in connection with these Terms and
Conditions; and
3.2.2 are “ex works” and all costs of freight and delivery from
Conergy’s works will be to the Purchaser’s account.
3.3 Conergy reserves the right to modify its prices accordingly if there
is any change in the costs of labour, materials, transport, essential
services, tariffs, duties, exchange, and other costs and statutory
obligations, between the date of quotation and the date of invoice.
Conergy will provide proof of such cost changes at the Purchaser’s
request.
3.4 Conergy must agree to any reduction of cash discounts separately in
writing.
3.5 The Purchaser must pay interest on any amounts in arrears. Interest
will be calculated from the due date for payment until Conergy
receives payment.
3.6 Conergy may use payments to satisfy older debts, even if otherwise
stated in the Purchaser’s terms and conditions. Conergy will inform
the Purchaser about any such set-off. In the event that the Purchaser
has already incurred costs and interest , Conergy will be entitled to
set-off the payment, first with costs, then with any applicable interest
and finally with the principal performance.
3.7 The Purchaser will not cancel or amend any Order accepted by
Conergy without Conergy’s written approval.
4. Period of Delivery and Performance
4.1 Delivery will be deemed to occur when Conergy informs the
Purchaser that the Products are ready for collection at Conergy’s
works.
4.2 Dates and periods of delivery of which Conergy will advise the
Purchaser in writing only, will be regarded as best estimates,
but will not be guaranteed and may be subject to extension to
cover delays caused by Government priorities, strikes, lockouts,
breakdowns, delays in transport, fines, late delivery of raw materials or
components, or other causes beyond Conergy’s control, and Conergy
will accept no responsibility or liability for the consequence of any
delays. In this event, Conergy will be entitled to postpone the delivery
and the performance by the period of the complication plus an
appropriate restarting time, or to cancel the acceptance of an Order
in full or in part with respect to the part not yet fulfilled.
4.3 If a complication referred to in clause 4.2 lasts more than three
months, following the setting of an appropriate additional period of
time, the Purchaser may cancel that part of the Order which has not
already beenperformed by Conergy. In the event that the period of
delivery or performance is extended or in the event that Conergy is
released from its obligations, the Purchaser will not be entitled to any
claim for damages.
4.4 If Conergy accepts in writing responsibility for non-compliance with
bindingly agreed dates and periods of delivery or performance the
Purchaser shall be entitled to compensation for delay amounting to
a half percent for every full week of delay, totalling a maximum of
five percent of the invoice value of the Products and Services Order
affected by the delay. Any and all further claims will be excluded,
unless the delay is caused by Conergy’s gross negligence.
4.5 Conergy may carry out partial deliveries and partial performances at
any time within the period advised by it for delivery or performance.
4.6 Any delivery and performance obligations arising in relation to
these Terms and Conditions will not apply to Conergy until timely
satisfaction of all the Purchaser’s corresponding duties. Time for
payment will be of the essence of the contract.
4.7 If the Purchaser requests Conergy to delay delivery or performance,
or fails to give Conergy adequate instructions for delivery or
performance, or is in delay of acceptance of delivery or performance
for any other reason, Conergy may claim the damage or cost caused
by such delay, including the cost of storage of Products. Upon
the beginning of the delay in acceptance, the risk of accidental
deterioration or accidental loss of Products passes to thePurchaser.
5. Passing of Risk
All Products will be at the Purchaser’s risk from the point of delivery
as defined in clause 4. Insurance cover is the responsibility of the
Purchaser, and Conergy will not be responsible for any loss or
damage occurring after the point of delivery and will only arrange
insurance upon written instructions from the Purchaser, and at the
Purchaser’s cost.
6. Liability for Defects or Shortfall
6.1 If there is any shortfall in the number of Products, or if the Products
are damaged during delivery, the Purchaser will inform Conergy within
three (3) days from the date of delivery. If the Purchaser does not,
then Conergy will not be responsible for any loss or damage suffered
by the Purchaser as a result of the shortfall or damage.
6.2 If there is a shortfall in the number of Products or if the Products are
damaged during delivery, Conergy’s liability will in any case be limited
to the price of the Products not delivered or damaged.
6.3 No returns may be made, or will be accepted by Conergy, unless the
returned Products are defective or damaged in transit. In either case,
the Purchaser must first give notice under clause 6.1 before it can
return the Products.
CONERGY PTY LTD - GENERAL TERMS
AND CONDITIONS FOR TRADE