“Company” shall mean Eltech Global Pty Ltd.
“Customer” shall mean the Customer or any person acting on behalf of and with the authority of the Customer.
“Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Customer on a principal debtor basis.
“Goods” shall mean Goods supplied by the Company to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined).
“Services” shall mean all services supplied by the Company to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined supra).
“Price” shall mean the cost of the Goods as agreed between the Company and the Customer subject to clause 4 of this contract.
The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery notify the Company of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford the Company an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
For defective Goods, which the Company has agreed in writing that the Customer is entitled to reject, the Company’s liability is limited to either (at the Company’s discretion) replacing the Goods or repairing the Goods provided that:
The Company may (in its discretion) accept the Goods for credit but this may incur a restocking fee of 20% of the invoiced value of the returned Goods plus any freight.
Goods made to special order, Customer specification, non-catalogue items or product cut to length are under no circumstances acceptable for credit or return. Cancellation of orders for special or non-catalogue items will definitely not be accepted, once these orders have been received from the Customer.
Any performance figures given by the Company are based on the Company’s experience and are figures that the Company expects to obtain on testing. Despite any representation by a representative of the Company to the contrary, the Company is under no liability whatsoever for damages for failure to attain such performance figures.
The Company makes no warranty, representation or other statement in respect of the Goods, their quality or their fitness for any purpose, except as stated expressly in these Terms of Sale, or as may otherwise be required by law.
The Company warrants that the Goods, whether manufactured by the Company, its Supply Line Partners or its Suppliers, as published in the Company’s current catalogues and supplied by the Company, shall, for a period of six (6) months from the date of dispatch of the Goods from the Company’s premises, be free of faulty workmanship, materials or design.
The warranties provided herein shall be effective, and impose liability on the Company to give effect to such warranty, only if:
The Company’s liability for any loss, injury or damage, shall be limited to making good, by replacement or repair, at the Company’s option, and at the Customer’s expense in relation to costs over and above the direct costs of replacing or repairing the Goods or the component parts of the Goods at the Company’s premises, any defects which appear under proper use.
The Company warrants that any repairs that the Company undertakes to the Goods, shall, for a period of six (6) months from the date of completion of the repair, be free of faulty workmanship, materials or design for a further period of twelve months, but only in respect of the components that are the subject of the repair.
Any repairs, alterations or other works carried out to the Goods by a person other than an authorised representative of the Company shall invalidate the warranty.
If the Customer requests or insists that warranty service shall be carried out on site at the Customer’s premises then any costs over and above the direct costs of replacing or repairing the Goods or the component parts of the Goods at the Company’s premises shall be at the Customer’s expense.