Festo Conditions of Sale
1. DEFINITIONS In these terms and conditions, unless the context otherwise requires:-
1.1."GST" means Goods and Services Tax or other tax that is substituted or replaces the GST tax
1.2."the Supplier" means Festo Pty Ltd.
1.3."the Customer" means the person or persons, company or business entity as described on the face hereof.
1.4."the Goods" means the goods or products sold by the Seller to the Customer as described on the face hereof or otherwise.
1.5."the Seller" means the Supplier.
1.6."the Services" means any services provided by the Supplier.
1.7."quote" means any quote that remains valid for 30 days and includes only the Goods.
The only contractual terms which are binding on the Supplier are those set out in this Agreement.
Any quotation provided is an invitation to treat only and not an obligation to sell or offer. In the event of any counter offer by the Customer or any Quote any conflict between any Quote or counter offer and this Agreement this Agreement shall prevail.
4.1.The price charged for the Goods and Services to be provided to the Customer are set out on the face hereof. The Supplier reserves the right to vary any price quoted either orally or in writing. Any Quote given on price is an estimate only.
4.2.The price excludes GST unless specified.
5. TERMS OF PAYMENT
5.1.The Customer will pay to the Supplier cash on delivery (COD) to the Customer of the Goods and the Services being the date of invoice;
5.2.The Supplier reserves the right to grant terms to approved Customers upon such terms and conditions in its absolute discretion.;
5.3.Should the Customer delay or default in respect of any payment due the Supplier shall have the right to charge interest on all sums owed for payment to the Supplier at the rate of 15% per annum.
5.4.All costs, including but not limited to transportation costs, storage costs and costs of resale incurred by the Seller as a result of it exercising any of its rights hereunder in the event of default by the Customer, shall be borne by the Customer.
6. RESERVATION OF TITLE FOR GOODS
6.1.Until payment is received of all monies owed to the Supplier from the Customer legal and beneficial ownership of any and all Goods supplied to the Customer from the Supplier remains with the Supplier. The goods are merely entrusted to the Customer as fiduciary. Until payment of all debts owed as aforesaid the Customer may sell the Goods in the ordinary course of business as the Supplier's fiduciary and agent (but the Customer shall not hold itself out as such), and may for the purpose of such sale part with possession of the Goods. The Supplier has full power to regain possession and resell any and all of the Goods supplied irrespective of part payment thereof.
6.2.The Supplier can exercise its rights in the event of a breach of a term or condition of this Agreement or in the case of an event of the Customer's default in payment of any of the purchase price payable of any of the Goods supplied. The power to regain possession and resell of the goods applies notwithstanding that payment may have been made for the purpose of settlement of specifically designated claims.
6.3.Until payment in full of the purchase price, the Customer shall store the Goods in a separate section of its premises, in such a way as to indicate that the Goods are not the property of the Customer, but remain the property of the Supplier.
6.4.The Customer shall not remove any markings, tags or labels from the Goods which may indicate that the Goods are and remain the property of the Supplier. To the extent that the Goods may be used in connection with any business conducted by the Customer, the Customer shall advise in writing any potential customer, purchaser or other third party that the Goods are the property of the Supplier; 6.5.If the Customer defaults in payment of the purchase price, or if the Customer becomes insolvent, the Seller and/or its duly authorised servants or agents may at any time thereafter, without notice to the Customer, enter upon the Customer's premises and/or premises at which the Goods are situated for the purpose of recovering possession of the same, provided that, in the event that Goods shall have been sold or utilised by the Customer or mixed with or built into any other products or disposed of or stored in such a manner as to render the Goods irrecoverable or unidentified with the orders placed by the Customer, the cost of the Goods shall forth with be a debt due by the Customer and recoverable by an action in law;
6.6.If the Customer receives any proceeds from the sale of the Goods from any other party, the Customer received those proceeds on trust for the Supplier to be applied in payment of the purchase price for the Goods and such proceeds shall be kept separate and dealt with separately by the Customer at all times until the proceeds have been duly paid to the Supplier;
6.7.In connection with the Supplier's rights and remedies pursuant to these conditions and any other rights or remedies which may accrue to the Supplier, the Customer appoints the Supplier as its attorney to do all things, execute all documents and otherwise act in place of the Customer for the purposes of giving effect to these conditions, and without limiting the foregoing, to recover possession of the Goods and to recover the proceeds of the sale of the Goods which may at any time be received or receivable by the Customer;
6.8.The continued operation of these terms and conditions shall not be affected by any repudiation or other termination of any contract or transaction relating to the Goods between the Seller and the Customer.
7. QUALITY OR DESCRIPTION OF GOODS AND SERVICES
7.1.The Customer shall inspect the Goods immediately on delivery and, with fourteen (14) days of delivery, give notice to the Supplier of any defect or allegation that the Goods or Services are not inaccordance with the Contract. If the Contract fails to give such notice within that time, the Goods and Services shall be deemed to be in all respects in accordance with the Contract and the Customer shall be bound to accept and pay for the same, accordingly;
7.2.Notwithstanding that any sample of the Goods or Services has been exhibited to and inspected by the Customer, it is agreed that such sample was so exhibited and inspected solely to enable the Customer to judge for himself of the quality of the Goods or Services and, not so as to constitute a sale by sample under the Contract. The Customer shall take the Goods or Services at his own risk as to their corresponding with the sample, or as to their quality, condition or sufficiency for any purpose;
The Goods shall be delivered to the Customer's address here in, or as otherwise notified to the Supplier at the time of order. From the time of dispatch from the Seller's premises and until delivery, the risk of any loss or damage to or deterioration of the Goods for whatever cause arising shall be borne by the Customer unless the Supplier arranges delivery or is otherwise agreed by the Supplier and Customer.
9. LIABILITY OF SUPPLIER
9.1.To the extent permitted by law, no warranty, condition, description or representation on the part of the Seller is given or implied or has been given or is to be implied from anything said or written in the negotiations between the parties or their representatives, and any statutory or other warranty, condition, description or representation, express or implied as to the state, quality or fitness of the Goods is hereby expressly excluded. Nothing herein shall derogate from or exclude any warranties or conditions necessarily implied by any statute or other applicable law;
9.2.In the event that this Contract constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974, as amended, or relevant similar State or Territory legislation ("the Acts"), nothing contained in this Contract excludes restricts or modifies any condition, warranty or other obligation in relation to this Contract and the Goods and Services which, pursuant to the Acts, or any of them, is applicable or is conferred on the Customer where to do so is unlawful, in which event the Seller's sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the customer may sustain or incur, shall be limited (except to the extent specifically set forth herein) to:-
9.2.1.the replacement of the Goods or Services; or
9.2.2.the supply of equivalent goods or serices; or
9.2.3.payment of the cost of replacing the Goods or Services or acquiring equivalent goods; or
9.2.4.the repair of the Goods or payment of the cost of having the Goods repaired, as the Supplier may select;
9.3.The Seller will not be liable for any failure to deliver the Goods or Services if the failure arises as a consequence of fire, embargo, strike, inability to secure materials or labour, or any other circumstances beyond the control of the Seller.
10.1.Notwithstanding anything here in the Supplier agrees to provide the following Warranties to the Customer:- SIX MONTH WARRANTY to repair or replace the Goods for faulty workmanship, design, workmanship or materials.
10.2.Warranties given exclude claims for or damage resulting from: inclement weather. fire, explosion, act of God or other like cause; unauthorised alterations, additions or tampering of the Goods, loose plugs or leads not hardwired; other events beyond control of the Seller. use beyond specification or design.
11.1.Returns for credit will only be accepted within 30 days from date of invoice. Credit for goods returned after this period is at Festo's discretion and if accepted, may incur a restocking fee. In addition, returned goods will only be accepted for credit if the goods are in a resaleable condition as well as in original packing and with all product documentation included. Goods must be returned at the Customers expense and prior to return a "Return Authorisation" number must be obtained from Customer Service and this number should be clearly marked on the package.
11.2. All goods specifically manufactured for the Customer will not be returnable except due to defect unless otherwise agreed to in writing.
We use personal information as supplied by you to process and deliver your order for marketing and to access your credit worthiness.
Terms & Conditions August 29 2005