Unless otherwise stated all prices are:
A .Ex-Factory, Della Torre Rd MOE. Victoria 3825.
B. Exclusive of packaging, transportation, handling, unloading, installation, training, supervision and miscellaneous expenses all of which must be paid by Buyer;
C.Subject to change prior to acceptance of order by SAFETECH.
NEW BUYERS/CASH BUYERS /NON-ACCOUNT BUYERS. EX-STOCK-cash prior to dispatch.
TO ORDER- 30% deposit payable with order. Balance- Cash prior to dispatch.
EXISTING ACCOUNT BUYERS
The invoiced amount is payable in full no later than thirty (30) days from date of statement.
SAFETECH reserves the right to require payment by a deposit and progress payments.
After (30) days interest may be charged on the unpaid balance.
EQUIPMENT SERVICE OR WARRANTY WORKS
Payment shall be made at time of service by either cash, cheque, direct debit or credit card. Details shall be provided prior to supply of
technical support or technicians.
A verbal or written budget estimate is not an offer (quotation) and does not bind Safetech
Offers (quotations) shall be in writing and are valid for 30 days from the date of receipt.
If acceptance of a quotation is evidenced by the issuance of a purchase order, such order shall become a contract when accepted by SAFETECH. If any of the provisions of such purchase order purport to supersede, modify, add or detract from these terms and conditions, these terms and conditions shall govern in the event of dispute.
Ex-Factory, Della Torre Rd MOE. Victoria 3825 unless otherwise agreed to in writing;
Product will be shipped via common carrier unless varied by agreement in writing on the purchase order.
The buyer will bear and pay the gross GST invoiced without allowance for any GST credits SAFETECH or buyer may be entitled to.
It is agreed that product purchased is subject to the following LIMITED warranty and no other unless varied by Safetech;
SAFETECH warrants product to be free from defects in material or workmanship for a period of twelve months from date of delivery to
the first end-user OR fifteen months from date of delivery to an authorised SAFETECH distributor; whichever is the earliest.
This warranty shall not cover failure or defective operation caused by operation in excess of recommended capacities, misuse,
negligence ,accident, alteration or repair not authorised by SAFETECH.
SAFETECH’s obligation under this warranty is limited to the replacement or repair of defective components at its factory, or at the
discretion of SAFETECH, at a location designated by SAFETECH.
SAFETECH will not be liable for any loss, injury or damage to persons or property, nor for damages of any kind resulting from failure or
defective operation of any materials or equipment furnished.
Components and accessories not manufactured by SAFETECH are not included in this warranty as their respective manufacturers
warrant them separately.
6.1.1-PALIFT- Three years for frame, lifetime for springs
6.1.2-A. ARM stretch wrappers Three years parts only.
SAFETECH and buyer agree that the implied warranty of merchantability is excluded from this transaction and shall not apply to the product involved in this transaction.
SAFETECH and buyer agree that the implied warranty of fitness for particular purpose is excluded from this transaction and shall not apply to the product involved in this transaction.
SAFETECH’s agents or distributor’s may have made oral statements about the product and equipment described in this transaction. Such statements do not constitute warranties, and buyer acknowledges that it did not rely on and agrees not to rely on such statements. Buyer also agrees that such statements are not part of this transaction.
SAFETECH and buyer agree that any claim made by buyer that is inconsistent with warranty remedies provided with the product and equipment, and in particular consequential damages, are expressly excluded. Safetech shall not be liable for any indirect or consequential loss or for punitive or exemplary damages or for any loss of profit, loss of revenue, or loss of opportunity.
This warranty agreement constitutes a final written expression of all the terms and conditions of this warranty and is a complete and exclusive statement of those terms.
12.1 SAFETECH does not exclude or limit the application of any statutory provision including a provision of the Trade Practices
Act 1974 where to do so would: Contravene that statute or Cause any part of this clause to be void
12.2 SAFETECH excludes for itself and for any third party supplier of componentry or software incorporated in any product or
equipment all liability for all claims, expenses, losses and damages made against or incurred or suffered by Buyer of the product or
equipment directly or indirectly including without limitation lost profits arising out of:
(a) Buyer misusing or using any product;
(b) Buyer not being able to use any product
(c) Negligence of SAFETECH or its employees, Contractors or Agents or of any supplier of componentry or software
incorporated in the product in connection with the performance of SAFETECH obligations.
(d) Buyer failing to maintain and service product to specification.
(e) Buyer purchasing or using any Safetech product for an unintended or unauthorised application even if such a claim alleges
that Safetech was negligent regarding the design or manufacture of the relevant product.
Title to the machinery and equipment shall remain with SAFETECH and shall not pass to the Buyer until the full amount agreed to be
paid, has been fully paid. The Buyer’s right to possession of the Product/s shall cease where Safetech has not received payment in full if:
a) The Buyer goes into liquidation;
b) An order is made or a resolution is passed for the winding up of the Buyer;
c) The Buyer commits an act of bankruptcy;
d) The Buyer is unable to pay its debts within the meaning of the Corporations Law;
e) The Buyer has a receiver and Manager appointed to it or any of its assets;
f) The Buyer is placed under official management;
Safetech may enter upon any premises where the Product/s are stored or where the Product/s are reasonably thought to be stored for
the purpose of repossessing them.
Unless expressly stated in writing, product and equipment shall be at Buyer’s risk on and after SAFETECH’s delivery in good shipping order to the Carrier. SAFETECH shall in no event be held responsible for materials furnished or work performed by any person other than it or its authorised representative or agent.
If it becomes necessary for the Buyer to cancel this order wholly or in part, he shall at once so advise SAFETECH in writing. Oral cancellation of an order shall not be accepted by SAFETECH. Upon receipt of such written notice all work will stop immediately. If the order entails only stock items, a flat restocking charge of 25% of the purchase price will become due and payable by the Buyer to SAFETECH. Items purchased specifically for the cancelled order shall be charged for in accordance with the cancellation charges of SAFETECH suppliers plus 25% for handling in SAFETECH’s factory. The cost of material and/or labour expended in general fabrication for the order shall be charged for on the basis of total costs to SAFETECH up to the time of cancellation plus 25%.
No equipment, materials or parts may be returned to SAFETECH without express permission in writing to do so.
If Buyer delays or interrupts progress of SAFETECH’s performance, or causes changes to be made, Buyer agrees to reimburse SAFETECH for expense, if any, incident to such delay.
SAFETECH reserves the right to make changes in the details of construction of the equipment, as in its judgment, will be in the interest of the Buyer and will make any changes in or additions to the equipment which may be agreed upon in writing by the Buyer, and SAFETECH is not obligated to make such changes in products previously sold to any customer.
Should SAFETECH resort to legal action to collect any amount due after thirty (30) days from date of invoice, the Buyer agrees to pay collection costs, reasonable legal fees, court costs and interest.
Safetech is not engaged in rendering any professional or other advice or services. Safetech does not and shall not provide engineering advice or comment on the suitability or otherwise of the equipment, building, structure or location selected by Buyer for positioning and utilisation of Safetech equipment .Buyer should obtain their own independent professional engineering advice relevant to their particular circumstances
(a) Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, sanctioned or un-sanctioned industrial action, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
(b) Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable) to the extent the failures or delay are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
Sale of the Product shall not confer upon the Buyer any rights or interest in any trademarks, patents, copyrights, industrial designs or other intellectual property rights of SAFETECH. The Buyer shall not dispute or conspire to dispute or question the title of SAFETECH to such rights relating to the Product. The Buyer undertakes not to utilise copy, reproduce or disclose or permit others to utilise copy, reproduce or disclose any such intellectual property without the prior written consent of SAFETECH.
The laws of Australia and the State of Victoria shall govern this agreement
Unless modified or excluded by Safetech in writing Buyer shall comply with the following requirements
24.1 To obtain all planning, building and other permits and authorisations prior to commencement of works.
24.2 To bear and pay National/State/local taxes, duties and imposts.
24.3 To provide a worksite compliant with all Occupational Health and Safety Regulations and to ensure continued
compliance whilst Safetech personnel are present.
24.4 To provide Safetech with uninterrupted access to the site .To the extent that industrial action of any nature affect’s
Safetech's abilities to perform its duty under this agreement Buyer shall indemnify Safetech against all costs
charges and expenses incurred.
24.5 To provide correctly certified lifting equipment for installation.
24.6 To provide a prepared worksite and to modify, remove or repair existing equipment where necessary. Buyer
warrants that the worksite complies with all structural and building requirements, and is capable of accepting and
supporting the safe operation of the equipment to be installed.
24.7 To ensure other equipment, utilities and services required for set-up and commissioning are available, connected
and functioning including appropriate power and dry, filtered, non-lubricated compressed air
24.8 During installation supply all consumables not otherwise supplied with the equipment
24.9 Ensure that personnel acquire proper training to programme and maintain the system.
24.10 To provide Control interface with existing equipment.
24.11 All work shall be completed during normal business hours. Safetech has made no provision for site or special
allowances or conditions particular to the site unless otherwise stated. Should there be any site agreement
nominating allowances and conditions not included in any Federal and State Awards, Safetech reserves the right
to pass on such costs to Buyer.
24.12 To design, supply and erect environmental protection enclosure if required (i.e., air conditioning, sound proofing),
or civil works including foundations for the supplied equipment.
24.13 Assist Safetech personnel during installation, start-up and commissioning.
24.14 To ensure the technical content of this proposal and/or concepts proposed are not disclosed or used for any
purpose other than by the Buyer, in whole or part, without the express written permission of SAFETECH
24.15 Any change to specifications negotiated after order placement shall not be accepted unless in writing and signed
by individuals having the authority to make contractual commitments for and on behalf of the Buyer
24.16 Prior to equipment going into service to ensure compliance with relevant Occupational Health And Safety
Regulations including where necessary certification or registration of the installation as required by Local, State or
SAFETECH shall supply only those items specified in the quotation.
These services shall be site based training sessions during installation, start-up and commissioning covering general operation, safety, trouble shooting and practical experience. Safetech shall charge for any training conducted outside of the time of installation, or any subsequent training conducted with new personnel at its then current rate.
Safetech shall charge for all contract variances at its then prevailing labour and material rates.