Warranty – New Machines

 

For a period of twelve (12) months or two thousand hours* (2000) machine hours from date of commissioning by the Company or its nominated agent, whichever occurs first. The Company or its agents will replace or repair, free of charge (ex-works) any parts found to be defective provided that the failure has occurred during ordinary use of the equipment and provided the defective parts are returned, carriage paid, to the premises of the Company for the purpose of assessment (see Warranty Claim Procedures).  The Company’s liability under these Terms is expressly limited to replacement of defective parts or incorrectly supplied parts or a liability to pay the Buyer an amount equal to whichever is the lowest amount of:

 

a) Cost of replacement Goods;

b) Cost of equivalent Goods; or

c) Cost of having the Goods repaired,

 

Installation of the Company machines shall be carried out by the Company or by an approved agent. Failure to do so will void the machine warranty. 

 

All freight, local import taxes, duties, levies and the like, travel, accommodation and out-of-pocket expenses incurred in replacement or repair of equipment is to be borne by the Buyer.  Any decision to waiver these costs (in part or in full) remains at the sole discretion of the Company.  No precedence for future waiving of any costs is implied nor intended and the normal terms and conditions of warranty apply unless otherwise stated (in writing) by the Company. 

 

If the goods are not manufactured by the Company, the guarantee of the manufacturer of those Goods is accepted by the Buyer and is the only guarantee given to the Buyer with respect to those Goods. The Company agrees to assign to the Buyer upon request by the Buyer, the benefit of any warranty or entitlement to the Goods that the manufacturer has granted to the Company to the extent that such is assignable.

 

While it is not recommended to connect to the internet, we do highly recommend that antivirus and spyware software be installed by Buyer immediately after installation of machine.

 

*NB Machine hours accumulate whenever power is applied to the cabinet (Operators Console).

 

Warranty – Spare Parts

 

Spare Parts are warranted for a period of six (6) months from date of sale by the Company or its nominated agents.  The Company or its agents will replace or repair, free of charge (ex-works) any spare parts found to be defective provided that the failure has occurred during ordinary use of the equipment and that the defective parts are returned, carriage paid, to the premises of the Company for the purpose of assessment (see Warranty Claim Procedures). Notification of defective or incorrectly supplied parts discrepancies must be reported within forty-eight (48) hours of receipt.  The Company’s liability under these Terms is expressly limited to replacement of defective parts or incorrectly supplied parts or a liability to pay the Buyer an amount equal to which ever is the lowest amount of:

 

a) Cost of replacement Goods;

b) Cost of obtaining equivalent Goods; or

c) Cost of having the Goods repaired,

 

Spare parts failure within the warranty period due to incorrect storage, handling, installation or operation by the Buyer or anyone other than the Company or an approved agent will automatically void the spare parts warranty.

 

Spare parts replaced under “New Machine Warranty” are guaranteed for the remaining portion of the new machine warranty period only and this guarantee extinguishes upon reaching the new machine warranty expiry date.

 

All freight, local import taxes, duties, levies and the like incurred in replacement or repair of spare parts is to be borne by the Buyer.  Any decision to waiver these costs (in part or in full) remains at the sole discretion of the Company.  No precedence for future waiving of any costs is implied nor intended and the normal

terms and conditions of warranty apply unless otherwise stated (in writing) by the Company. 

If the goods are not manufactured by The Company, the guarantee of the manufacturer of those Goods is accepted by the Buyer and is the only guarantee given to the Buyer with respect to those Goods. The Company agrees to assign to the Buyer upon request by the Buyer the benefit of any warranty or entitlement to the Goods that the manufacturer has granted to the Company to the extent that such is assignable.

 

Warranty – Consumables

 

The warranty for Consumables is restricted to replacement only, provided the goods are returned to the Company, carriage paid, for the purpose of assessment (see Warranty Claim Procedures).  The goods must be in an “as new” state within original wrapping or accompanied by the original wrapping.  The Company (or its agents) will replace or repair, free of charge (ex-works) any consumables found to be defective or provided incorrectly. Notification of defective or incorrectly supplied parts discrepancies must be reported within forty-eight (48) hours of receipt. The Company’s liability under these Terms is expressly limited to replacement of defective or incorrectly supplied parts or a liability to pay the Buyer an amount equal to which ever is the lowest amount of:

 

a) Cost of replacement Goods;

b) Cost of obtaining equivalent Goods; or

c) Cost of having the Goods repaired,

 

Consumables failure due to incorrect storage, handling, installation or operation by the Buyer or anyone other than the Company or an approved agent will automatically void the consumables warranty.

 

All freight, local import taxes, duties, levies and the like incurred in replacement or repair of consumables is to be borne by the Buyer.  Any decision to waiver these costs (in part or in full) remains at the sole discretion of the Company.  No precedence for future waiving of any costs is implied nor intended and the normal terms and conditions of warranty apply unless otherwise stated (in writing) by the Company. 

 

If the goods are not manufactured by The Company, the guarantee of the manufacturer of those Goods is accepted by the Buyer and is the only guarantee given to the Buyer with respect to those Goods. The Company agrees to assign to the Buyer upon request by the Buyer the benefit of any warranty or entitlement to the Goods that the manufacturer has granted to the Company to the extent that such is assignable.

 

Warranty Claim Procedures

 

In instances where a claim for defective parts is made, the following procedure will apply.

 

1. The Buyer to supply the Company with a valid Purchase Order Number clearly identifying the parts numbers, description and price of the claimed parts;
2. Upon receiving the Buyer Purchase Order and prior to despatch of the parts in question, the Company will require full payment from the Buyer for all parts identified;
3. Upon receiving full payment, the Company will despatch the required parts (via nominated carrier and method) complete with an appropriate number of “Reject or Rework” labels clearly identifying the relevant “Warranty Claim Number”; 
4. Upon receiving the required parts, the Buyer is to ensure the “Reject or Rework” labels are retrieved and securely fastened to the various alleged faulty parts then return those goods to the Company for assessment;
5. Upon carrying out a full assessment of the parts, the Company will make determinations as to the validity of the claim and if accepted, credit back the Buyer the full purchase price amount. 

 

Limitation of Remedy

 

The Buyer’s sole remedy under the above warranties is limited to the repair or replacement at the Company’s discretion, of any defective parts or equipment.  The Buyer will remain responsible for all freight, taxes, duties and shipping 

charges, travel, accommodation and out of pocket expenses (if applicable).  THE COMPANY SHALL IN NO EVENT, BE RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES TO BUYER, INCLUDING, WITHOUT LIMITATION, LOST PROFIT, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROPERTY OTHER THAN THE GOODS, OTHER ECONOMIC LOSSES, OR LOSSES ASSOCIATED WITH PERSONAL INJURY OR STATUTORY OR EXEMPLARY DAMAGES, WHETHER IN NEGLIGENCE, WARRANT, STRICT LIABILITY OR OTHERWISE.

 

Force Majeure

 

The Company shall not incur any liability in the event that it is delayed in its performance of its obligations by force majeure.

 

Risk and Passing of Property

 

Risk in the Goods will pass to the Buyer when the Goods leave the Company’s premises. Notwithstanding the above, property of the Goods shall remain with the Company until full and final payment has been received by the Company. If the Buyer fails to make full payment for any Goods supplied by the Company, the Company is entitled to possession of those Goods and may recover them and sell them. The Buyer must place those Goods at the disposal of the Company and the Company is entitled to enter upon any premises of the Buyer and remove those Goods.

 

Scope of Supply

 

The Company scope of supply is solely limited to the Goods, Options and Services detailed on the Accepted Order.  No other supply of Goods, Options or Services is expressed nor implied.  The Buyer must supply all additional products, services, utilities and support needed to receive and install the Goods to a level that ensures the ongoing safe, reliable and sound operation of the Goods.  This will include but is not limited to such products, services, and support as the provision of an ample flat, level and stable mounting surface, supply of clean, dry and fully regulated air supply (if applicable – minimum 6Bar), ample regulated and protected power supply (if applicable - 3 Phase + Earth), logistical equipment and support for unloading of Goods and locating/fixing of Goods etc

 

Responsibility for determining the full scope of Buyer supply resides solely with the Buyer and must be determined before the Buyer pays the deposit.  Failure to do so does not void an Accepted Order unless agreed to by the Company.

 

Whole of Agreement

 

These Terms and anything contained in an Accepted Order supersedes and replaces any other agreement, arrangement or understanding between the Company and the Buyer. These Terms can only be amended in writing by the Company.

 

For all disputes arising from the contract, including actions on a bill of exchange, court in the district of the principal office of the Company shall have exclusive jurisdiction. The Company will also be entitled to institute action at the principal place of the business of the Buyer. The Buyer cannot pass his contractual rights to third parties without formal written authorisation of the Company.

 

The contract shall remain binding on the parties even if any of its clauses should be held ineffective. This contract is governed by the laws of Western Australia. The parties to the jurisdiction of its courts and disputes, related to arbitration or legal proceedings carried out in relation to this contract shall be conducted in Perth, Western Australia.

 

Special Conditions

 

The attached APPENDEX A details any Special Conditions of Sale (“Special Conditions”) if applicable. These are to be read in conjunction with the standard Terms. Where conflict arises between the two (terms and Special Conditions), the latter will prevail in all instances. Special Conditions detail additional requirements or considerations of a specific Accepted Order not adequately covered in the Terms.