Terms and conditions of quotation and sale

General

Any order placed with Industrial Controls Australia Pty Ltd (“Company”) for goods and/or service implies acceptance of the following conditions which may be varied only in writing by this Company’s authorized representative. Description and clerical errors are subject to correction.

Validity

Quotations are valid for a period of 30 days from the date of Quotation, unless otherwise stated or unless it is previously withdrawn.

Acceptance

All orders based on quotations are subject to acceptance by the Company.

Prices

All prices are net (exclusive of GST) unless otherwise stated. For goods quoted “ex stock” prices are firm for thirty days from date of quotation.

 

Prices for goods to be imported are based on prices quoted to us by our Principal suppliers and the rates of freight, exchange, insurance premiums, customs duties, primage and other costs of importation known to us at the time of quotation. In the event of any increase in these rates or in the prices of the goods quoted to us by our Principal suppliers before acceptance of an order or prior to delivery of the goods to the Purchaser then the 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.

Exchange rate variation

Quoted prices are based on currency exchange rates current on the quotation date. The seller reserves the right to pass on to the Buyer increased costs due to the exchange rate variation.

Taxes

Prices quoted are subject to the addition of 10% GST and to any tax imposed by any governmental authority upon the goods quoted or upon the production, sale, distribution, delivery or upon any feature thereof if applicable. All such taxes shall be payable by the Purchaser and may be added to the purchase price by the Company.

Terms

Payment shall be made by the customer on all equipment and services in accordance with the terms of the quotation but in any event not later than 30 days end of month from the date of the invoice. Any monies for which an account or invoice has been furnished to the Purchaser and which remain unpaid for 30 days after the date such monies become due for payment, shall bear interest at the rate of 1.5% per month.

Availability of goods on indent

The delivery time for goods and/or services quoted on an indent basis is an estimate only and is based upon the Company’s knowledge of conditions prevailing at the time the quotation is made. The delivery time is subject to variation in accordance with our manufacturing program and the availability of shipping space from the source of supply and also to any delay through Act of God, labour disputes, strikes, lockouts, fire, accident, non-delivery of materials or parts by other manufacturers or any other causes or contingencies beyond our control or the control of our suppliers.

Property

Ownership of the goods supplied by the Company shall not pass to the Purchaser until they are paid in full.

Warranty

The Company warrants all equipment of its own manufacture to be free of defects in material and workmanship and will, at its option, exchange or repair free of charge, F.O.B. its factory, such part or parts thereof that prove defective under normal use within one year from date of shipment. The Company’s obligation under this warranty is limited to the above and does not apply to replacement or repairs which are required as the result of improper installation, misuse, maladjustment, abnormal operating conditions or lack of routine maintenance. The Company does not guarantee the overall performance of any plant or the results of any process with which the Company’s control equipment is integrated. The Company’s responsibility is limited to making the instruments and control equipment supplied by the Company perform in accordance with the Company’s specifications and instructions.

Damage and loss

Title and risk of loss or damage to goods shall pass from the Company to the Purchaser upon delivery by the Company to the Carrier.

Cancellation

Any contract or order for goods or service arising from the quotation may not be cancelled except by mutual consent in writing.

Installation and commissioning

All equipment shall be installed and commissioned by and at the expense of the Purchaser unless agreed to in writing or otherwise stated herein.

Arbitration

If at any time, any question, dispute or difference, whatsoever shall arise between the Purchaser and the Company upon, in relation to or in connection with the contract, either party may give to the other notice in writing of the existence of such question, dispute or difference, and the same shall be referred to the arbitration of a person to be mutually agreed upon, or, failing agreement, of some person appointed by the President of the Institution of Engineers, Australia. The award of such arbitrator shall be final and binding.

Drawings and printed matter

All information contained in printed or descriptive matter represents generally the goods specified herein, but shall not be taken as necessarily representing the goods, the subject of an order, and shall not form part of the contract.