AZTRONICS PTY LTD
A.B.N. 33 099 362 268
170 STURT STREET, ADELAIDE S.A. 5000 PH. 08 8212 6212 FAX. 08 8212 4212
The expression “the Company,” when referred to in these Terms and Conditions, refers to Aztronics Pty. Ltd.
These Terms and Conditions of Sale apply to the sale of goods and/or services provided by the Company.
Any order received by the Company is deemed to be an order incorporating these Terms and Conditions and no variation or cancellation of any of these Terms and Conditions shall be binding on the Company unless assented to by the Company in writing.
Any quotation by the Company is not to be construed as an offer or obligation to sell and the Company reserves the right, at its option, to accept or reject any orders received.
All prices charged/quoted shall be the Company’s prices ruling at the date of despatch. Verbal quotations are subject to written confirmation that will be given when requested. All goods are sold and all prices are quoted FOB ex-works the Company unless otherwise specified. The Company reserves the right at any time to make reasonable adjustments of prices in relation to fluctuations in the Company’s cost of labour, material, goods or transport and also in relation to any changes in currency exchange rates or duty which affect the Company’s costs for imported goods.
A contract may, at the Company’s option, be terminated in the event of in solvency of the purchaser or the purchaser being placed in liquidation, whether voluntarily or otherwise.
A purchaser may only vary an order if such variation is accepted by the Company in writing and any variation or cancellation may only occur on terms which will provide for the Company to be indemnified by the purchaser against any loss or damages.
Unless otherwise indicated prices include standard cases or packing.
Unless otherwise stated in writing the price quoted is ex the Company’s store where stocked. Where delivery is requested beyond this point the Company may, at its discretion, agree to act as agent for the purchaser in this matter and all costs for cartage and insurance will be for the purchaser’s account.
Net cash thirty days unless otherwise expressly agreed to in writing. The Company reserves the right to deliver and invoice any item or items comprising the whole or part of any order. Failure of the Company to deliver any part of an order shall not entitle the purchaser to repudiate the contract.
Risk in the goods purchased shall, unless otherwise agreed in writing, pass to the purchaser upon delivery of the goods to the purchaser or his agent or to a carrier commissioned by the purchaser.
Title in each unit of the goods purchased shall pass to the purchaser upon payment in full of the invoice or contract price.
The following conditions relating to the return of goods for credit apply to all goods returned for this purpose
1. Goods returned must be accompanied by a Delivery Docket stating original invoice number, date of purchase and reason for return.
2. Non standard equipment made to special order cannot be credited under any circumstances.
3. Inward freight packing and delivery charges are the responsibility of the purchaser.
4. Goods will only be accepted for credit to the extent of that wrongly or oversupplied.
All returns must be in good order and condition, unused and in original packaging.
No claims by the purchaser need be recognised unless made in writing seven days after delivery of the goods to the purchaser. No claim for damage or resultant expense direct or indirect in respect of any goods shall in any case exceed the invoice price of the goods in respect of any damages or expense shall arise. All damage or expense over and above such invoice price shall be the responsibility of the purchaser.
All conditions and warranties expressed or implied by statute, the common law equity trade customer usage or otherwise howsoever are hereby expressly excluded to the maximum extent permitted by law. Where so permitted the liability of the Company for a breach of a condition or warranty that cannot be excluded is limited (at the Company’s option) to the replacement or repair of the goods or the supply of equivalent goods or the cost of replacing or repairing the goods or of acquiring equivalent goods. The Company shall not be liable in anyway whatsoever for indirect or consequential loss or damage whatsoever (whether based on tort or contract or otherwise.)
It is a condition of this contract that the purchaser shall not use the goods for the installation in or in association with aircraft. In the event the goods are incorrectly used, the Company shall be exempt from all liability whatsoever and the purchaser hereby indemnifies the Company in respect of any claims, demands, suits or proceedings whatsoever resulting from such misuse of the goods.
To the best of the Company’s knowledge goods sold to the purchaser will not infringe any patent, trademark, registered design or copyright of any third party but the Company shall in no circumstances be liable to the purchaser in respect of any such infringement constituted by the sale or use of the goods.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Any figures or estimates given for performance of goods are based upon the Company’s experience and are such, as the Company would expect to obtain on test. But the Company will only accept liability for failure to obtain the figures or estimates given when such figures or estimates are guaranteed in writing within specified margins.
The purchaser acknowledges that neither the Company nor any person purporting to act on its behalf has made any representation or given any promise or undertaking which is not expressly set out in the contract whether as to the fitness of the goods for any particular purpose or any other matter.
Except as may be otherwise agreed by the company, the contract shall be governed bylaws of the State of South Australia.