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JATCO (Australia) Pty. Ltd. Terms and Conditions

JATCO (Australia) Pty. Ltd. (“the Vendor”) provides the following Standard Terms
and Conditions which apply to all quotations and sales made by the Vendor. All
purchases by the customer, owner or its agent (“the Buyer”) are expressly limited and
conditional upon acceptance by the Buyer of the following terms and conditions and any
provision, printed or otherwise contained in any purchaser order, confirmation or
acknowledgment inconsistent with, different from or in addition to the following
Standard Terms and Conditions are not accepted by the Vendor, unless specifically
agreed to in writing:-

1. Quotations

The Vendor’s quotation is valid for 30 days from the date of quotation, unless
otherwise stated. This quotation supersedes all other quotations or correspondence
concerning the transaction or enquiry. Quotations contain proprietary information of
the Vendor and are provided to the Buyer strictly on the understanding that the
Buyer will use the information solely for internal purposes and not disclose it to any
third party without the prior written approval of the Vendor.

2. Price Modification, GST and other charges

The Vendor’s price does not include excises, duties, tariffs, goods and services taxes
or any other governmental charges which the Vendor may be required to pay or
collect under any future law, with respect to the sale, transportation, delivery,
storage, installation or use of any of the goods (“Products”) sold or services provided
(“Services”) by the Vendor. The Buyer must pay all such excises, duties, tariffs, taxes
and charges.

3. Payment and Credit Terms

Unless otherwise specified in writing by the Vendor payment for Products and
Services furnished by the Vendor will be made within 28 Days from end of the month
of the date of invoice.

4. SERVICE, REPAIR AND MAINTENANCE

Many products manufactured and supplied by the Vendor are subject to special
compliance and conformity to Certification. The Vendor is a Certified Service
Facility for Intrinsically Safe equipment, particularly the equipment manufactured by
the Vendor. Unless specifically authorized by the Vendor, service or maintenance
or repair of the product may invalidate the intrinsic safety or may render the product
into non-conformity with the requirements of the IECEx standards. All service,
repair and maintenance other than that performed by the end user themselves
according to the guidelines provided in the User Manual, shall be performed by the
Vendor.

The Vendor accepts no liability whatsoever for the Product upon service, repair or
maintenance by third parties, whether they consider themselves to be competent or
not.

5. Limited Warranty

5.1 For the Product supplied by the Vendor which is not manufactured by the
Vendor the warranty of the original manufacturer, if any, shall be the only
warranty given in respect of the Product.

5.2 For the Product supplied by the Vendor which is manufactured by the Vendor the
Product carries a 1 (one) year warranty. If within 1 (one) year after the date of
receipt of the Product by the Buyer the Product proves to be defective in material
or workmanship or fails to produce results consistent with the Vendor’s
specifications for the Product in question upon examination by the Vendor, the
Vendor will repair the product.

5.3 The Vendor will not be responsible for the costs of removal, installation or reinstallation
of the Product. Furthermore, the Vendor will not be responsible for
and assumes no liability for materials or workmanship or any transportation
charges, labour costs or other related expenses for any work performed by third
parties in the repair or replacement of defective products or workmanship,
without the Vendor’s written consent. The Vendor will not be responsible for
any consequential costs or losses.

5.4 Except as provided in these Standard Terms and Conditions, all warranties,
undertakings, conditions or representations (whether innocent or negligent),
including without limitation those with respect to merchantability, fitness for any
purpose, quality or durability, whether express, implied, statutory or arising from
a course of dealing, usage of the trade or otherwise with respect to any
equipment or order, are expressly excluded. No express or implied warranty is
given as to the capacity, efficiency or performance of any equipment, except as
may be provided in a written agreement signed by the Vendor.

5.5 The Vendor’s liability for a breach of a condition or warranty implied by Division
2 of Part V of the Trade Practices Act 1974 (other than Section 69) is hereby
limited to:

5.5.1 in the case of the Product, any one or more of the following:

a) the replacement of the Product or the supply of equivalent Product;
b) the repair of the Product;
c) the payment of the cost of replacing the Product or of acquiring
equivalent Product
d) the payment of the cost of having the Product repaired; or

5.5.2 in the case of services:

a) the supplying of the services again; or
b) the payment of the cost of having the services supplied again.

5.6 The Vendor’s liability under Section 74H of the Trade Practices Act 1975
is expressly limited to a liability to pay to the purchaser an amount equal to:

a) the cost of replacing the Product;
b) the cost of obtaining equivalent Product;
c) the cost of having the Product repaired;
whichever is the lowest amount.

6. Retention of Title

6.1 The Vendor reserves the following rights in relation to the Product until
all accounts owed by the Buyer to the Vendor are fully paid:

a) legal ownership of the Product;
b) to enter, or have a representative of the Vendor enter, the Buyer’s premises
(or the premises of any associated company or agent where the Product are
located) without liability for trespass or any resulting damage and retake
possession of the Product; and
c) to keep or resell any Product repossessed.

6.2 If the Buyer resells the Product the Buyer shall hold such part of the
proceeds of sale as represents the invoice price of the Product sold in a separate
identifiable account as the beneficial property of the Vendor and shall pay such
amount to the Vendor upon request. Notwithstanding the provisions above the
Vendor shall be entitled to maintain an action against the Buyer for the purchase
price and the risk of the Product shall pass to the Buyer upon delivery.

6.3 In the event that the Buyer uses the Product in some manufacturing or
construction process of its own or some third party then the Buyer shall hold
such part of the proceeds of such manufacturing or construction process as
relates to the Product in a separate identifiable account as the beneficial property
of the Vendor and shall pay such amount to the Vendor upon request. Such part
shall be deemed to equal in dollar terms the amount owing by the Buyer to the
Vendor at the time of receipt of such proceeds.

7. Buyer’s Property

Any property of the Buyer under the custody or control of the Vendor shall be
entirely at the Buyer’s risk as regards loss or damage caused to the property or by it.

8. Performance

Any performance figures given by the Vendor are estimates only. The Vendor shall
be under no liability for damages for failure to attain such performance figures unless
specifically guaranteed in writing and any such written guarantee shall be subject to

the recognised tolerances applicable to such figures in the industry.

9. Trade Practices Act

Nothing in these conditions shall be read or applied so as to exclude, restrict or
modify or have the effect of excluding, restricting or modifying any condition,
warranty, guarantee, right or remedy implied by law (including the Trade Practices
Act 1974) and which by law cannot be excluded, restricted or modified.

10. Limitation of Liability

10.1 The Vendor’s liability is limited to the price applicable to the Product or
Services determined defective, and in no event will the Vendor’s cumulative
liability be in excess of the total sales order price, whether arising under
warranty, contract, negligence, strict liability, indemnification or any other cause
or combination of causes whatsoever.

10.2 Except as otherwise provided in these Standard Terms and Conditions,
the Vendor will not be liable for general, special, direct, indirect, incidental or
consequential damages, including without limitation loss of profits, revenues or
other economic losses whether arising under warranty, contract, negligence
(including negligent misrepresentation) strict liability, indemnification, or any
other cause or combination of causes, including any claim of concurrent liability
arising from a duty of care by operation of law or otherwise. These limitations
shall apply notwithstanding any fundamental breach or failure of essential
purpose of a limited remedy.

10.3 Buyer’s remedies are specifically limited to the repair or replacement of
the Product and are exclusive of all other remedies.

11. Back-charges

No back-charges will be paid or allowed by the Vendor, unless the Vendor is notified
in writing of any products defect claim pursuant to Clause 4 Limited Warranty. All
back-charges must be approved in writing before any Product is repaired, replaced or
altered in any manner by the Buyer or its nominee, or returned to the Vendor.

12. Cancellation fee

The Buyer may not cancel any order except under written notice and payment to the
Vendor of all reasonable costs arising from the cancellation, plus a cancellation fee of
10% of the value of the items being cancelled, owing to the fact that the Vendor
manufactures based on order.

 

Copyright 2016 JATCO (Australia) Pty Ltd.

 

Lot 521 Sullivans Road
YAMBA NSW 2464

Phone: 02 6645 8868

 geoff@appliedresolution.com.au

Mobile: 0407 542 440

  IECEx SIM 13.0005 Certification.

 Choice of Red or Green Lasers

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