Terms & Conditions of sale
Terms and conditions to form part of contract
Goods and services supplied by Scott Systems Pty. Ltd. are supplied upon the following terms and conditions which form part of any Contract entered into by Scott Systems Pty. Ltd. and not otherwise. These terms and conditions shall not be varied unless agreed to in writing by Scott Systems Pty. Ltd.
Terms may be included in quotation
Further terms or a variation of these terms may be included in Scott Systems Pty. Ltd. official quotation form to the purchaser upon placing an Order for the goods and/or services as outlined in the quotation and the purchaser offers to enter into the Contract on the terms and conditions of payment as described in the quotation.
No further terms
The Purchaser acknowledges that no conditions or terms other than those contained in these Conditions of Sale and the official quotation unless otherwise incorporated in writing as agreed between the parties.
Exclusion of liability
Unless prevented by statute all implied terms conditions and warranties are hereby excluded.
Scott Systems Pty. Ltd. as far as practicable guarantees that the goods and services supplied will be free of defects but is not responsible for the use or misuse of goods or the installations thereof by the purchaser or third party. The purchasers remedy for breach of condition of warranty of condition of goods shall be limited at the discretion of Scott Systems Pty. Ltd. to the repair or replacement of the goods or services and shall not include any consequential loss or damages of any nature whatsoever in the event of any defect in or failure of any goods or services provided.
Scott Systems Pty. Ltd. expressly rejects any conditional sales order placed by a purchaser.
Scott Systems Pty. Ltd. will not be responsible for any delay or failure of performance of supply of delivery of goods or services caused by circumstances beyond its control including but not limited to strikes, lock-outs, labour disturbances, Act of Government, riot, civil war commotion, fire, flood, failure of power supply or similar event and shall not be liable for any consequential loss, damage, expense or claim suffered by the purchaser or any other party as a result of any such event.
While every effort has been made to ensure that equipment supplied or services provided system operate satisfactorily, under no circumstances shall Scott Systems Pty. Ltd. be liable for loss of profit or any other consequential incidental or special damages or injury arising directly or indirectly out of the supply and use of or inability to use the system supplied.
An order or request by a purchaser for the supply of goods or services will only be accepted by Scott Systems Pty. Ltd. when written acceptance of the offer or a supply of goods or services is made by Scott Systems Pty. Ltd.
Scott Systems Pty. Ltd. may refuse to accept any cancellation of any order or part thereof after acceptance by Scott Systems Pty. Ltd. and reserves all rights in relation to recovery for breach of Contract.
Interest on overdue accounts
Any discount provided on invoices endures only for the period in which credit is available. If payment is not made within the prescribed time the full amount shall become due and payable and Scott Systems Pty. Ltd. may seek recovery of the full amount outstanding.
Payment is to be made by the end of the month following the month in which the invoice is rendered. If payment is not made as aforesaid interest will accrue at the prevailing Commonwealth Bank Overdraft Facility Loan Interest Rate for a similar amount commencing as from the date of the invoice.
Retention of title
All goods and services are supplied subject to retention of title. The Title is retained by Scott Systems Pty. Ltd. in all goods and services supplied to the purchaser until payment is made with respect to the goods or services and all other claims by Scott Systems Pty. Ltd. against the purchaser.
Prior to use or resale of goods or services the purchaser shall maintain them in an identifiable condition in store or on site. The purchaser may resell the goods subject to maintaining Scott Systems Pty. Ltd. rights against the goods and segregating such proceeds for the account of Scott Systems Pty. Ltd. until Scott Systems Pty. Ltd. is paid in full. The purchaser assigns to Scott Systems Pty. Ltd. any claims or rights against sub-purchasers in order to enable Scott Systems Pty. Ltd. to make full recovery of monies owing to it in respect of the goods or services.
In the event of the failure of the purchaser to pay for the goods or services or in the event of the appointment of a Receiver and Manager, Liquidator, agent in possession or execution of distress Scott Systems Pty. Ltd. may enter the purchasers premises or elsewhere where the goods are stored or installed and recover them or appoint an agent in writing to do so and the purchaser acknowledges and guarantees such right of entry during normal business hours.
This sale is governed by the laws of Victoria. All disputes arising hereunder will be dealt with in the Courts of Victoria and Courts hearing appeals therefrom.
Release and indemnity
The purchaser hereby releases, indemnifies and defends Scott Systems Pty. Ltd. from and against any losses liabilities claims suits and costs caused by or arising out of the way in which the goods are packaged if the goods and any packages or containers in which they are contained are made in compliance with the purchasers design or specifications.
Any manuals and software furnished with the system supplied are copyright and accordingly attract all protections under the Copyright Act 1968 (Cth). in particular but not limited to that no part may be reproduced, stored in a retrieval system or transmitted in any form by any means be it electronic, mechanical recording or otherwise without the prior written permission of Scott Systems Pty. Ltd.
Software and/or manuals supplied as a component of a system or control are supplied for a licensing fee that forms a part of the price paid for the equipment which allows for use of one copy of the software and manuals on the equipment for which they were originally supplied. You must not adapt, translate, reverse engineer, decompile or disassemble the software or create derivative works based on the software or written materials. The software and/or manuals are and always remain the property of Scott Systems Pty. Ltd.
If in the opinion of Scott Systems Pty. Ltd. the user fails to comply with these conditions or fails to pay the licensing fee or other monies owed to Scott Systems Pty. Ltd., Scott Systems Pty. Ltd. reserve the right to terminate the licensing agreement and take possession of the manuals and software and remove any software in which Scott Systems Pty. Ltd. holds copyright from the purchasers system.
Return of goods
Scott Systems Pty. Ltd. may in its absolute discretion, but is under no obligation to, except the return of standard products (but not services or special buy-ins or specially manufactured goods) to the credit of the purchaser provided that such products are returned to its factory unused, undamaged and accompanied by proof of purchase before the expiry of seven (7) days after their delivery to the purchaser and the purchaser agrees to pay a handling and administration charge equal to 10% of the purchase price or $20.00 whichever is the greater amount.
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