Any term or condition of this contract which infringes legislation whether State or Federal shall be severable from this contract without affecting the remaining terms and conditions.
- QUOTATIONS: All quotations are subject to withdrawal or variation by Switchmode Power Supplies at any time prior to acceptance of an order. Quotations are based upon faults identified during inspection and Switchmode Power Supplies Pty Ltd reserves the right to re-quote for any emergent work as a result of undertaking the repair. Switchmode Power Supplies also reserves the right to amend prices at any time for the undelivered portions of any order. The Purchaser shall have the right to cancel the outstanding balance of an order within seven (7) days from the date of notification of an amendment in the price.
- OFFER AND ACCEPTANCE: Any quotations made by Switchmode Power Supplies is not an offer to sell and no order given in pursuance of any quotation will bind Switchmode Power Supplies until accepted by it in writing. Unless otherwise agreed in writing all orders are subject to acceptance by Switchmode Power Supplies within thirty (30) days of receipt by Switchmode Power Supplies of the purchases order. Upon acceptance by Switchmode Power Supplies these terms and conditions shall be deemed to be incorporated by any agreement between Switchmode Power Supplies and the Purchaser. Any terms and conditions contained in an order, offer, acceptance or invoice of the Purchaser and all representations, statements, terms and conditions and warranties (whether implied by statute or otherwise) not embodied herein are expressly excluded to the fullest extent permitted by law.
- GOODS NOT COLLECTED: Equipment left for repair and not collected within three (3) months will be sold in accordance with the appropriate legislation.
- FORCE MAJEURE: Every effort will be made to carry out any contract based on a quotation, but the lack of performance of it is subject to variation of cancellation owing to an Act of God, War, Strikes, Lock outs, Fire, Flood, Drought or any other cause beyond Switchmode Power Supplies’ control or owing to Switchmode Power Supplies’ inability to produce materials or articles except at increased prices due to any of the foregoing causes.
- COST VARIATION: Quotations are based on the current cost of production (materials, working hours and wages) and will remain valid for acceptance and production for a period of 30 days. Switchmode Power Supplies reserves the right to amend the quotation outside this period if the quote has not been accepted or the job has been delayed by the customer, to take account of reasonable increases in materials and/or labour costs.
- ESTIMATES: In some circumstances Switchmode Power Supplies may provide a customer with an estimate rather than a quotation. In such cases, the estimate should be regarded by the customer as a guide only.
- WARRANTY AND LIABILITY: Switchmode’s liability is limited to the cost of repairing the equipment based on faulty parts and workmanship. No consequential liability will be accepted.
- GST: GST will be charged at the appropriate rate pursuant to law and forwarded to the Tax Department. All Clients must show a valid ABN number.
- FREIGHT: Switchmode Power Supplies will co-ordinate freight for all orders to be delivered with the customer’s preferred carrier at the customer’s expense, if requested to do so. Return freight for unaccepted quotations is the responsibility of the customer and will be charged with the quotation fee and goods will not be released until the account is settled in full, credit account holders excepted.
- PAYMENT: Payment terms will be CBD (Cash before Despatch) unless a credit account application has been formally approved by Switchmode Power Supplies. In such case, the terms are 30 days from date of invoice.
- RECOVERY: Switchmode Power Supplies may take legal action for debt recovery for all accounts over 60 days. In such cases, all costs of collection and reasonable legal costs will be to the purchaser’s account.
