CONDITIONS OF SALE

EBOS GROUP PTY LTD T/A CROWN SCIENTIFIC

Unless EBOS Group Pty Ltd trading as ‘Crown Scientific’ (hereinafter called the Company) agrees in writing to any alteration or other conditions, the Purchaser’s order is accepted subject to the following conditions which apply to the whole or any executed part of an order.

ACCEPTANCE AND DELIVERY

(a) Unless otherwise agreed, the point of delivery of the goods shall be at the time the goods pass over the side of the truck onto which they are being loaded for consignment to the Purchaser.  Unless expressly provided to the contrary, the Purchaser requests the Company to arrange the consignment of the goods to the Purchaser’s designated delivery point.  The Purchaser has the right to arrange delivery of the goods at their cost other than through the Company, in which case the goods will be at the Purchaser’s risk from despatch and the Purchaser will indemnify the Company against any claim or liability, damage or injury to or by the goods after despatch and shall specify in writing on his official order any insurance to be taken out on his behalf and at his cost.  This provision will apply notwithstanding the fact that the Company may have agreed, at its discretion, to install the goods at the premises nominated by the Purchaser.

(b) The Purchaser shall inspect the goods immediately on the arrival thereof and shall, within seven (7) days from such inspection, give notice in writing to the Company of any matter or thing by reason whereof he may allege that the goods are not in accordance with the contract.  If the Purchaser shall fail to give such notice the goods shall be deemed to be in all respects in accordance with the contract and the Purchaser shall be bound to accept and pay for the same accordingly.

(c) The Company may recall any goods not taken by the Purchaser within seven (7) days from the date of delivery and at its option deem the contract repudiated or by subsequently substituting other goods treat the contract as subsisting.

(d) Unless otherwise specified, the Purchaser agrees that the goods shall be at the sole risk of the Purchaser from the point of delivery.

WARRANTIES

Where the Purchaser is a consumer as defined by any relevant law such as the Trades Practices Act, 1974 (Commonwealth) and similar state laws in respect of any goods, certain conditions and warranties cannot be excluded, restricted or modified (“the consumer warranties”). 

In those circumstances the Purchaser has the benefit of both the consumer warranties and the conditions contained in this clause and in the event of any inconsistency the customer warranties shall prevail; all other express or implied conditions or warranties in respect of the goods are excluded from this contract.  Where goods are goods in respect of which the Purchaser is not a consumer, the following conditions will apply.  Instruments and accessories except electronic tubes and components, illumination sources, items wholly or partly of glass, silica or ceramic material, thermocouples, batteries, electrical elements and reconditioned replacement parts such as exchange circuit boards, are guaranteed to be free from defects in materials and workmanship in accordance with the Manufacturer’s Warranty.

This warranty does not cover the repair of any fault or the replacement of any defective part resulting from the negligence or malpractice of the Purchaser or his servants.

LIMITATION OF LIABILITY

(a) The Company and the Purchaser hereby agree that, to the extent permitted by law, in the event of any loss, damage or claim arising out of a breach of one or more of the consumer warranties and/or the Manufacturer’s Warranty, the liability of the Company is limited to, at the option of the Company, the repair or replacement of the goods or the cost of such repair or replacement or, in the case of service, to the supplying of the services again.

(b) Parts and labour for repair or replacement pursuant to sub-clause (a) herein shall be provided by the Company during normal working hours at a place of business of the Company and the Company shall have no liability for the cost of transportation of the goods to such place of business.

(c) The Purchaser’s property under the Company’s custody or control will be entirely at the Purchaser’s risk as regards loss or damage thereto or thereby from whatsoever cause arising.

(d) The Company shall not be subject to nor incur and the Purchaser hereby releases the Company from any claim, action or liability for consequential loss or damage to persons or property including, without limiting the generality of the foregoing, loss of use of the goods or of profits or loss on resale arising by reason of delays, non-delivery, defective materials or workmanship, negligence or any act, matter, conduct or thing done, permitted or omitted by the Company.

(e) All rejected parts or defective parts shall be the property of the Company to dispose of as it sees fit.

(f) The Company accepts no responsibility whatsoever for errors in dimensions, quantities, specifications or otherwise where orders for any goods are placed on the Company by the Purchaser otherwise than in writing.

(g) The Company accepts no responsibility for loss of or damage to maintenance of secrecy with respect to any plans, drawings, samples or other materials supplied by the Purchaser to the Company.

CANCELLATION

Cancellation of an order will not be accepted after delivery of the goods.  Additionally, the Company cannot accept cancellation of an order for a specially manufactured product or a non-stock item if the supplier has already forwarded the goods to the Company and/or the supplier will not accept cancellation of that item for whatever reason.

INSTALLATION

In the case of equipment, which the Company or the Manufacturer undertakes to install, it is the Purchaser’s responsibility to provide any service utilities required, e.g. electric power outlets, water outlets, drains, compressed air lines, etc.

If special handling equipment is required such as heavy lift gear for movement of equipment to and/or at the installation site, the cost of hiring or using such equipment and any associated charges will be additional to the Purchaser’s account.  Installation will be made at the time of delivery or as soon as practicable thereafter and the equipment will be at the Purchaser’s risk.

Unless otherwise mutually agreed, the Company’s responsibility to install such equipment may cease at the Company’s option if the installation is deferred by the Purchaser for any period.

DESCRIPTION

(a) Any representation, promise, statement or description from the Company or any employee, agent, dealer or other person or company is expressly excluded and the Purchaser acknowledges that he has relied solely upon his own inspection and skill and judgement and not by reason of any such representation, promise, statement or description.

(b) All photographs, weights, illustrations, dimensions and any other particulars given in or accompanying a quotation, or contained in descriptive literature are approximate only and deviations therefrom shall not vitiate the contract or be made the basis of any claim made against the Company.

(c) Clerical errors are subject to correction.

PRICE AND PAYMENT

(a) All prices are net and ex-works unless otherwise stated.  A packing and delivery charge will be applied to each order, unless agreed to otherwise in writing.  For imported goods, the prices quoted or invoiced for the supply, manufacture or installation of goods, or for work and labour supplied, are based on prices quoted to us by our suppliers and the rate of freight, exchange, insurance premiums, duties and other costs of importation known to us at the time of quotation.  Unless otherwise stated, in the event of any increase in these rates or in the price of the goods quoted to us by our suppliers before acceptance of an order or prior to delivery of the goods to the Purchaser then cost to the Company entailed by such increase(s) shall be added to and form part of the purchase price and be payable by the Purchaser accordingly.

(b) Payment for invoiced amounts is to be made in full within 14 days from statement date, unless agreed otherwise by the Company and Purchaser. As long as the Purchaser owes the Company any part of the sale price for Goods supplied at any time the Company shall retain the legal title in all Goods supplied and not yet used or resold.  The Purchaser shall keep such Goods stored separately during the time he has them in such a way that Goods remain identifiable and shall hold such Goods as bailee for the Company.  When such Goods are filled or used, even with loss of identity, legal title to the resultant product shall vest in the Company.  The Company has (i) the right to re-entry and inspection to support the property reservation; and (ii) the power to repossess when payment is overdue.  If the Purchaser resells the Goods aforesaid before all moneys payable by the Purchaser to the Company have been paid, the Purchaser agrees that it holds the proceeds of re-supply of the Goods on trust for and as agent for the Company immediately when they are receivable or received, such proceeds to be kept in a separate account.

GOODS

Wherever used, “Goods” include the items quoted and any associated equipment, accessories, parts and tools.

RETURN OF GOODS

It is a condition of the sale of the goods that the Company is not obligated to accept in any case, the return of goods for credit.  All returns require prior approval from the Company.  A Goods Return Number will be issued and this number must be used by the Purchaser when the goods are returned.  The following conditions relating to the return of goods for credit apply to all goods returned for this purpose with the approval of the Company.

(a) Detail:

Invoice number and Goods Return Number must be supplied with all returns.
In every case, the original invoice number and date must be quoted.

(b) Packaging:

Where goods were originally supplied in a special Manufacturer’s carton, any return shall be made in that original carton and the goods shall be in their original and unmarked conditions, complete with any instruction sheet supplied.

(c) Freight:

Outward and inward freight and transport charges are the responsibility of the Purchaser, if not prepaid by the Purchaser, freight will be deducted from the amount of credit.

(d) Goods not returnable:

The following goods cannot be returned for credit under any conditions:

i) Any merchandise specially made, including items cut to length;
ii) Any goods made, or purchased to a firm and irrevocable order;
iii) Any goods altered or damaged by the Purchaser.
iv) Any goods specially purchased (i.e. indent items) which are non-stock items for Crown Scientific Pty Ltd.

(e) Time:  

Application to the Company for return of goods must be made within seven (7) days of receipt of goods as specified in the Company’s order. 

(f) Restocking Fee:

The Company reserves the right to apply a restocking fee of $50.00 or 15% of invoice value (whichever is greater) for goods returned that have resulted from an error in purchasing by the Purchaser.

(g) Identification:

No responsibility will be accepted for any delays in passing credit caused by goods being incorrectly branded or returned without adequate identification of both sender and goods returned.

DELAY IN DELIVERY AND FORCE MAJEURE

(a) Delivery and availability dates are estimated only and although the Company will use its best endeavors to maintain these estimates, no liability is accepted for delay from any cause whatsoever.

(b) If for any cause beyond the Company’s control, including but without limiting any act of God, war, strike, lockout, industrial dispute, governmental or semi-governmental award, enacted, priority or restriction, fire, flood, storm or tempest, delay in obtaining licenses, transport, labour or materials, accidents, damage to the Company’s works or business or those of its suppliers, the Company is prevented from making delivery or performance at the time stipulated, the Company shall be entitled at its option either to extend the time for delivery or performance for a reasonable period or to terminate the contract, and the Purchaser shall not in consequence in either case have any claim for damages and shall pay for all deliveries made or services performed prior to the date of such termination and all expenses incurred and monies paid by the Company in connection with the contract.

(c) The time of delivery in any quotation represents the time at which the goods are to be ready for despatch from the Company’s premises and the Company is to be allowed the further time necessary to cover transit to points of delivery.  The Company does not accept orders under penalty for late delivery.

OTHER

 (a) If these Conditions of Sale, which shall only be varied, modified or rescinded by written agreement (executed by the Company) shall differ in any respect from the Purchaser’s order or the Company’s acceptances or confirmation, then these Conditions of Sale shall prevail.

(b) The Company reserves the right to refuse at its absolute discretion any order based on a quotation within seven (7) days after the order is received and at any time to refuse to accept or proceed with any order should the Purchaser’s trade reference be unsatisfactory to the Company.

(c) GST will be shown separately in the account for the sale of the goods and the provision of the service. The amount of the GST payable in respect of this transaction is payable by the purchaser. No allowance will be made for input tax credits or similar credits available to the company. The purchaser must indemnify the company in respect of the GST paid and payable by the company in respect of this product sale and service.

(d) If by any reason of any legislation, government action or other cause beyond the Company’s control, any tax, impost, levy, charge, duty or expenditure of any kind, which is not at present chargeable or applicable, is imposed becomes payable or applicable, or is incurred upon, to, or in respect of the goods hereby sold, it will be to the Purchaser’s account and/or chargeable to the purchaser by the company.