CONDITIONS OF SALE
 
1. General:  These conditions of sale are binding and apply to any quotation submitted by Precision Light and Air Pty Ltd and also to the sale of all items sold ex-stock.  No variation or cancellation will be accepted unless agreed to by Precision Light and Air Pty Ltd in writing.
 
In these Conditions of Sale the words “We”, “Us” and “Our” mean Precision Light and Air Pty. Ltd., ABN 32 079 006 947 of 17 Sir Laurence drive Seaford Vic 3198 Australia and the words ”The Purchaser”, “You” or “Your” mean the party placing an order to purchase goods or requesting the services from Us.
 
2. Quotations:  All quotations will be valid for 30 days from the date of quotation, unless otherwise agreed by Us in writing.  Prior to Our receipt of acceptance of any quotation, We reserve the right to change or withdraw, in writing, any such quotation.  The quotation includes only those goods and services as specified therein.   Delivery times quoted are approximate only and actual delivery times should be determined at the time of placement of an order.  Goods offered ex-stock are subject to prior sale.
 
3. Specifications and Drawings:  All descriptive specification, illustrations, drawings, data, dimensions and weights contained in Our catalogues and literature are typical only and are subject to change without notice.  These details do not form part of a quotation unless specified by Us in writing.
 
4. Prices:  Prices charged are the prices relevant at the date of despatch unless written arrangement has been made for price variation.  Where prices have been quoted on a quantity purchase, We reserve the right to re-negotiate the quoted prices, if the total quantity is varied.  The prices quoted do not include GST and Government imposts unless specifically stated in writing in Our quotation.  The payment of these charges is to the Purchaser’s account.  Unless otherwise specified, any prices quoted do not include transportation costs. We reserve the right to review prices without any prior notice.  Further, We reserve the right to increase the price to cover additional costs incurred at the Purchaser’s request.
 
5. Packing and Delivery:  All products will be delivered in packing to Our normal standard practice.  Variation to this packing will be charged for and form part of Our quotation.
Standard Products:  Where Our standard delivery service is utilised, We will repair or replace the items within 2 days of notification of non-arrival or damage of goods.
Custom Built Systems:  Where Our standard delivery service is utilised and the actual loss or damage has been confirmed, We will undertake to repair or re-build the system within the shortest practical time frame.
Any quoted time for delivery shall be deemed to be an estimate only and no claim shall lie against Us for failure to deliver within such time.
 
6. Cancellation of Orders:   No order shall be cancelled without the consent of Us and, in such cases, the Purchaser shall be liable to pay to Us all costs and expenses incurred by ourselves or Our suppliers in fulfilling the order up to such date of cancellation.
 
7. Returns:  No goods will be authorised for acceptance of return and therefore for credit unless:-

a) The request is made within 14 calendar days of receipt of the goods.
b) We have given approval for the return of the goods.
c) The goods are in “as new” condition.
d) The documentation accompanying the goods shows the original invoice number and date.

We reserve the right to charge a restocking fee of up to 50% of the original invoice price of the goods returned.  Goods specifically manufactured for customer requirements will not be accepted for credit, unless agreed to in writing.
 
8. Payment Terms:  Where a credit account has been established with Us, all terms are strictly net and are payable within 30 days (45 days for international) following date of invoice, unless stated otherwise in Our quotation or agreed to in writing.  We reserve the right to refuse extension of credit.
 
9. Access:  In respect of any work done on Your premises or elsewhere other than at premises occupied by Us, it shall, subject to any written agreement to the contrary, be the duty of the Purchaser to ensure that the conditions under which work has to be prepared, the layout, means of access, accessibility of the different parts of the subject matter being worked upon or handled and other material circumstances shall be suitable to Us, failing which We shall be entitled to charge a reasonable increase in the price, having regard to the prevailing circumstances.
 
10. Warranty:  We will repair or replace free of charge any goods or parts manufactured by it and shown to be defective by reason of faulty material or faulty workmanship, provided that:

a) Such defect becomes apparent within twelve months from the date of delivery of the goods.
b) The goods have been used in accordance with Our operating procedures and directions and, where the sale is the subject of a quotation, in the manner specified in the original quotation.

The foregoing warranty is limited to the replacement or repair of the defective goods or parts thereof, and is in lieu of any other warranty or conditions either expressed or implied by law unless in writing and signed Us.  No claim will lie against Us under this clause unless written notification of an alleged defect is given to Us within 14 days of such defect becoming apparent.  We shall not be liable for any indirect or consequential damage or loss, including loss of production sustained by the Purchaser, or any other person in respect of or arising out of any defect or malfunction in the goods supplied or manufactured, whether or not such defect or malfunction is attributable to the negligence of Us and whether or not such indirect or consequential loss was or ought to have been foreseeable by Us.  We give no warranty and is subject to no liability of any kind in respect of any item it does not manufacture.  However, in any case where We are able to make a successful claim under a warranty given by the manufacturer, the benefit of that claim will be passed on to the Purchaser.
 
11. Variation:  If an order is varied then the variation must be accepted by Us in writing and We shall be indemnified against any loss or damage incurred by You.
 
12. Title:  We specifically retain and reserves legal and beneficial ownership in all goods supplied until such time as all outstanding accounts in respect of those goods have been paid in full. The Purchaser may sell the goods to a third party in the ordinary course of the Purchaser’s business and deliver them to the party prior to payment in full of the purchase price to Us PROVIDED THAT where the Purchaser is paid for the goods by that third party the Purchaser shall hold a proportion of the third party’s payment equal to the amount owing by the Purchaser to Us in respect of the goods on trust for Us and shall pay any such amount held on trust into a separate bank account so as to differentiate the money held on trust for Us from other money owned or held by the Purchaser.
 
13. Repossession:  If for any reason whatsoever the Purchaser fails to make payment to Us of any moneys due then We may resume possession of the goods and resell them without accounting to the Purchaser for the proceeds thereof, without prejudice to any other rights of Us. In the event of default on the part of the Purchaser in payment of any moneys owing to Us, the Purchaser shall allow Us to enter any premises occupied by the Purchaser at which the goods are from time to time normally kept, to remove such goods.  Any costs incurred by Us in the removal of such goods will be borne by the Purchaser.
 
14. Expenses:  The Purchaser will pay to Us, in addition to all other sums required to be paid by the Purchaser, all legal and other expenses incurred by Us in collecting any moneys due from the Purchaser and all legal and other expenses incurred by Us in removing and/or reselling by legal process or otherwise, the goods for which payment has not been made by the Purchaser.
 
15. Licence:  In the event of the sale of goods requiring the importation into Australia of any goods, the contract for sale is conditional upon the granting of the necessary export or import licences or permits to remit monies overseas.  Further the Purchaser shall be responsible for obtaining any permit, consent or approval required in respect of the installation or use of the goods from any Government Department, local authority or other person or body having jurisdiction in the matter.
 
16. Governing Laws:  These Conditions are to be governed by, and construed in accordance with the laws of the State of Victoria, Australia.