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Terms & Conditions of Trade

The placement of your order with Schmidt & Muller Telecommunication Pty Ltd - Electrocraft ABN 79 067 000 426 hereafter called “The Company“ for the items specified overleaf (the Goods) will constitute your acceptance of the following terms & conditions.

  1. PRICE
    1. All prices quoted or stated by The Company are current prices and subject to change without notice.
    2. All goods are sold on the condition that you must pay all additional costs such as Goods & Services Tax (GST), stamp duty, fees, levies and charges of any nature whatsoever and transportation costs. GST will be levied in accordance with the law governing at the time of purchase.
    3. All prices are based on the exchange rate at the date of quotation. Any changes will be debited or credited to the purchasers account
  2. PAYMENT
    1. The price and all additional costs must be paid to The Company no later than 30 days from the date of invoice and in this regard, time will be of the essence.
    2. Progress claims paid 14 days after work carried out or goods and services received.
    3. If you fail to comply with The Company 's terms of payment, The Company reserves the right to:-
      1. cancel all agreed discounts or rebates; and
      2. charge interest upon all outstanding amounts at an interest rate not less than 1% in excess of the Westpac Banking Corporation Limited indicator lending rate as published from time to time.
  3. DELIVERY
    1. All delivery times are estimates only and The Company will not be liable for any loss or damage resulting from delays in delivery. Delays in delivery will not entitle you to cancel your order.
    2. The Company is not responsible for any loss or damage to Goods in transit.
    3. The Company reserves the right to over or under supply an order within reasonable limits and you accept that you will in the event of over supply, pay.
    4. If The Company agrees to deliver goods to you on an instalment basis for an indefinite period then you agree that The Company will be entitled to purchase and hold, at any time, goods sufficient to satisfy your requirements for one year.
    5. Invoices and delivery dockets normally will be sent with the goods.
  4. SHORT DELIVERY
    You may not reject the goods for any shortage of goods delivered. You waive any claim for any shortage of goods delivered if a claim in writing has not been lodged with The Company within 7 days from receipt of the goods by you.
  5. EXCLUSION OF LIABILITY
    1. The Company provides no warranty of any kind where the goods are installed and/or used in conjunction with goods of a supplier other than The Company and denies all liability for any damage whatsoever suffered by any person arising from such use.
    2. Where goods are manufactured by The Company in accordance with specifications provided by you, you will indemnify infringement of a patent, registered design, trademark or copyright.
    3. Except as provided in these conditions, all warranties, guarantees, representations and conditions whether express or implied, collateral or antecedent statutory or otherwise are hereby expressly excluded and The Company will not be liable for any loss, damage or injury, whether physical or financial whatsoever including, without limitation, any loss, damage or injury arising out of negligent acts or omissions of The Company and any consequential loss, damage or injury.
    4. You will indemnify The Company against all losses and expenses which it may suffer or incur due to your failure to fully observe your obligations set out in these conditions.
    5. Nothing contained in this clause 5 will be read or applied so as to purport to exclude, restrict or modify the application of the provisions of any relevant state or territory legislation which by law cannot be excluded, restricted or modified and to the extent that any such statute permits The Company to limit its liabilities then;
      1. The Company'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:
        1. in the case of goods, the repair or replacement of the Goods or the supply of equivalent goods, or payment of the cost of repair or replacement of the Goods or the acquisition of equivalent goods;
        2. in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
          1. enter your premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of such goods as have not been paid for in full; and
          2. keep or resell any goods repossessed pursuant to (i) above.
        3. Until payment of the Goods has been made in full by you, the Goods must be stored by you separately from any other goods and in such a manner that they will be readily identifiable by The Company and available to The Company to conveniently retake possession thereof.
  6. RISK
    Despite clause 6, the risk in the Goods will pass to you upon delivery of the Goods to you or collection of the Goods by our, your agent or courier.
  7. RETURN OF GOODS
    The Company will not be under any obligation to accept Goods returned by you and will do so only on terms to be agreed in writing in each individual case. The Company will not accept the return of non-standard Goods or Goods made to your specifications. If replacement of Goods is sought on the basis that the goods are damaged, such damage must be brought to The Company's attention immediately upon receipt of the Goods by you.
  8. STORAGE
    The Company reserves the right to make a reasonable charge for storage if delivery instructions are not provided by you by the time required or the goods are not collected by you by the agreed date.
  9. CANCELLATION AND CHANGES
    No order may be cancelled with the consent in writing and on the terms which will indemnify The Company against all losses. No charges to an order or these conditions will be made without the written agreement of The Company.
  10. SUBSTITUTION
    Unless agreed to the contrary in writing, The Company reserves the right to supply goods with the same properties and capacities as the goods in substitution for the goods.
  11. WAIVER
    No provision of these conditions and no breach of any provision will be deemed waived by reason of any previous waiver of any breach hereof.
  12. APPLICABLE LAW
    This agreement is governed by the laws of the State of New South Wales and all disputes will be subject to the jurisdiction of the courts of New South Wales.
    1. The Company's liability under section 74H of the Trade Practices Act, 1974 is expressly limited to a liability to pay to you an amount equal to the cost of replacing the Goods, the cost of obtaining equivalent goods or the cost of having the Goods repaired, whichever is the lowest amount.
    2. The Company does not accept any backcharges associated with replacement or repair of equipment under warranty.
    3. The Company will replace or repair the goods and services at The Company nominated workshop and transport to and from our workshop is the responsibility of the purchaser.
  13. RETENTION OF TITLE
    1. The goods will remain the property of The Company until the whole of the purchase price and additional costs have been fully paid to The Company. If you default in paying the whole or any part of the purchase price and additional costs or if, being an individual, you become insolvent or bankrupt or commit an act of bankruptcy or, being a company, commence to be wound-up, are placed under official management, have a receiver or administrator appointed or an encumbrancer takes possession of your undertaking or property, then The Company will be entitled to: