Home > Terms & Conditions
Wherever stated the Company shall mean Static Power Pty Ltd. ABN 42 101 765 913. The Purchaser refers to the persons firm or to whom this application is addressed and shall include their administrators’ successors and or assignee. Quotation shall mean this offer by the Company. This contract shall be interpreted by and subjected to the laws of the State of Victoria, Australia, without giving effect to any choice of law or conflict of law provisions
Terms of Agreement
The following Terms and Conditions of Sale are the basis upon which the Company’s goods and services are offered and upon which the Company’s Quotations are prepared. Unless otherwise agreed by the Company in writing acceptance of this quotation constitutes the acceptance of these Terms and Conditions of Sale. No changes alterations or modifications shall be effective unless agreed to by the Company in writing.
Quotation and Information
Unless otherwise noted, written Quotations are valid for a period of thirty (30) days from the date quoted and are subject to revision thereafter. Verbal quotations or budgetary estimates are not binding. Any documents including drawings catalogues, illustrations, advertisements, pamphlets, brochures and Email submissions and the like accompanying this Quotation or otherwise coming into the hands of the Purchaser are supplied or made available in good faith for general information only and are intended merely to present a general idea of the goods described thereon and the Company does not warrant the accuracy of the information set out therein and no warranty or condition relating thereto or arising there from shall be included in the contract. The Company reserves the right to make alterations thereto without notice. Unless expressly agreed and included in this Quotation transport handling installation commissioning training maintenance and service are not included in this offer and are subject to a separate written agreement. On completion of contract the Company’s standard instruction manuals shall be supplied. Where the Company undertakes to install or commission the goods the Purchaser shall give free access to site for such purpose and provide all necessary services and utilities free of charge.
Price Basis
Unless otherwise agreed, prices and delivery times are offered ExWork (Incoterms) from the Company’s works in Melbourne Victoria and are based on conditions prevailing at the date of Quotation. Orders shall not be cancelled without the Company’s written consent. The Company products are not considered returnable for credit. Unless quoted otherwise, Prices for goods offered are subject to exchange rate variations at the time of invoice and may differ from that quoted. Prices quoted exclude taxes, customs duties, customs clearance, insurance against loss or damage and handling charges.
Delivery
Delivery time quoted is calculated from the date of the Company’s acceptance of a written order and is subject to the Company not being delayed by instructions or lack of instructions or by industrial dispute or by any cause whatsoever beyond the Company’s reasonable control. Any changes requested to the specification by the Purchaser after commencement of the design, production or manufacture by the Company will be charged to the Purchaser and the delivery time shall be adjusted accordingly.
It shall be the Purchasers responsibility to collect the goods when ExWork (Incoterms) readiness is notified. Where the company has nominated to affect the delivery on behalf of the purchaser then the company will not take responsibility for loss or damage in transit and insurance shall be the responsibility of the Purchaser. If payment is not received by delivery readiness or if for any reason or beyond the control of the Company delivery is not affected when the goods are ready for despatch any resulting expenses such as demurrage storage double handling insurance during storage and the like costs and expenses will be charged to the Purchaser. Upon delivery by the Company to the Purchaser as defined above (ExWork), the goods shall be at the Purchaser’s risk notwithstanding that the Company may be required to install commission or perform any service in connection with the goods. All deliveries shall exclude the Company in respect to unloading and reception at site or destination.
Warranty
Equipment manufactured by the Company is warranted to have the performance stated strictly and solely in accordance with the Company’s technical specification pertaining to the Quotation and shall be of the Company’s or its associated companies standard design and manufacture. The Company will replace or repair with all reasonable despatch any defect in equipment manufactured by the Company at any time before the expiration of a period of twenty-four (24) months commencing at the date of dispatch readiness. The Company shall not be liable for any injury loss damage or expense consequential or otherwise arising in any way from the sale installation commissioning service maintenance use or operation of the equipment by the Purchaser whether resulting from negligence of the Company or from any other cause. The Company only accepts liability pursuant to the terms of this clause and all other conditions or warranties whether as to condition description quality fitness or otherwise and whether express or implied are hereby expressly excluded. Goods not manufactured by the Company are sold under warranty only as the manufacturers extend to the Company and as the Company is able to enforce without legal expense. Software produced by or provided to the recipient are the latest and most complete available at the time of issue. Although updates may be available from time to time the company shall be under no obligation to replace or upgrade such software. Software warranties are limited only to those manufactured by the company and not those supplied by others or any unexpected operation there off based on hardware platform or computer operating system and platform. If goods sold by the Company are tampered with by unauthorised persons, the Company accepts no liability for consequential damages and offers no warranty of any kind. Goods that are returned to the Company for repair or replacement by the Purchaser… More about Warranty»
Confidentiality
All documentation, software, sample manuals, specification sheets, drawings, schematics etc shall be held as company confidential and shall not be modified, copied, re-transmitted, converted or imparted to any third party for any purpose other than which it was originally intended. All information is subject to change without notice. Verbal advice and discussions are non-binding. All stenographic and clerical errors are subject to correction.
Force Majeure
The Company shall not be liable for any loss damage expense or delay caused by force majeure which shall include but shall not in any way be limited to any fact or circumstance beyond the Company’s reasonable control including industrial disputes, acts of war, acts of God, fire, flood, accident, or non-availability of parts or materials or delays by the Purchaser in making payment or provision or availability or approving any instructions drawings or other particulars reasonably required by the Company.
Terms of Payment
All orders must be accompanied by any payment to be made therewith. Unless by prior arrangement, goods shall be paid for in full prior to dispatch. Upon order acknowledgement a 30% security deposit shall be paid. Manufacture and procurement shall not commence until the security deposit has been paid and received and this shall then determine the actual delivery time as nominated on the Order Acknowledgement. Notification of anticipated completion and invoicing shall be provided approximately seven (7) days prior to equipment readiness. Payments outstanding after the date of invoice are subject to interest charges. It is agreed that payments shall be made for goods notwithstanding any minor or inconsequential defects or deviations from the specification. Should the financial reliability of the Purchaser at any time appear to be unsatisfactory to the Company the Company reserves the right to require advance payment or satisfactory security for goods or services offered. Property in goods shall pass to the Purchaser only when the goods have been fully paid for.
Title Risk
Notwithstanding delivery of the goods, no title on the goods whether legal or equitable shall pass to the Purchaser until the full amount of the purchase price of the goods has been paid. Where payment is made by bank draft (TT or EFT), the payment shall not be deemed to have been made until notification has been received from the bank or institution that the payment has been received in full. All payment to the Company shall be OUR (Purchaser bears all costs associated with the transfer of funds and the Company receives the full price of goods as invoiced). The goods shall be at the Purchaser’s risk from the time the goods are loaded at the Company’s factory or storeroom for delivery to the Purchaser notwithstanding that title and/or property in the goods may not have passed to the Purchaser. It shall be the Purchaser’s obligation to effect full insurance upon the goods from such time as the goods are at the Purchaser’s risk.
Default
If the Purchaser shall neglect or fail to make any payment provided for herein on the due date or refuse or neglect to take delivery of the goods or any instalment thereof; or enter into a scheme of arrangement for the benefit of its creditors, resolve that it be wound up, or have a petition for its winding up presented against it, or have a petition for bankruptcy presented against them, or fail to comply with any obligations herein contained, then the Company shall be at liberty in addition to any other rights and remedies conferred upon it at law or at equity: (i) to sue the purchaser for damages for breach of contract; or ii) to rescind this contract and (a) recover possession of the goods and/or (b) forfeit any deposit paid (which the Purchaser acknowledges to be pre-estimated liquidated damages) and/or (c) sue to Purchaser for damages for breach of contract. If the Company elects to rescind this contract, it shall be at liberty to enter upon the premises of the Purchaser, repossess and resume possession of goods and/or to resell the goods. Nothing herein contained shall preclude the Company from recovering from the Purchaser as by the way of damages the amount of profit or incidental costs incurred which would have been derived had the Purchaser completed this contract. The purchaser will bear any costs associated with the recovery of monies owed to Static Power Pty Ltd.