GENERAL CONDITIONS OF SALE
This statement is intended to document and clarify any matters relating to acceptance of any orders to purchase and offers of supply. All proposals and quotations submitted by ROtek Australia Pty Ltd (hereafter known as The Company) are subject to the correction of obvious errors and/or omissions.
1. The Company reserves the right to substitute components that improve the performance or specification of all or any part of the supplied equipment at no additional charge.
2. The Company shall not be responsible or liable in any way for any default in performance when said default arises directly or indirectly from causes beyond control of The Company such as fire, flood, accident, explosion, war, strike, lockout, labour disturbances, expropriation by Government Authority, regulations, orders or requests of Government Agencies, inability by the exercise of reasonable diligence to obtain supplies, materials or power.
3. Under no circumstances shall The Company be responsible or liable for consequential damage of any kind.
4. No agent, distributor or sales representative of ROtek Australia Pty Ltd has any authority to waive or modify these conditions of sale
5. The supply of goods is subject to the quotation submitted to the end user in respect of the goods supplied.
6. Unless previously agreed, all goods supplied will be priced at prevailing prices ruling at the time of delivery.
7. Delivery charges. Goods are sold ex-store unless otherwise agreed. A delivery charge to cover shipping and packaging will apply to all shipments where freight arrangements have not been made by the customer. No delivery charges apply for goods collected ex-store.
8. Retention of property. Title for all property (any Products by way of items or materials) delivered by the company will remain with the company until payment in-full is received by The Company and any cheques or other negotiable instruments have been cleared. Until such time The Company has a right to call for or recover the Product or materials and, for this purpose The Company, it’s employees or agents may enter the customers premises or any other space where that property may be stored and the customer, when called upon to do so, is under obligation to deliver up the product to The Company.
9. The Products will be at the sole risk of the customer upon and following delivery of the Products to the customer.
10. If The Company has not been paid in full for a Product and is then disposed of by the customer in accordance with Clause 9d, the customer must store the Product in such a manner that clearly shows that the Product remains the property of The Company and that the customer will hold the Product in a fiduciary capacity as bailee.
11. The customer may sell and deliver the Product in the ordinary course of business provided that the customer keeps records of the sale of those Products and the customer must account to The Company for The Companies interests in the proceeds of the sale.
12. If any payment for the products is overdue in whole or in part, The Company may (without prejudice to any of its rights) recover or resell the Products or any part of them or, on demand, require the customer to pay interest on any overdue payment from the due date up to the day of actual payment at prevailing bank overdraft rates.
13. Payments. The Company standard trading terms require payment to be made within 7 days of the dispatch of any Product to established account holders unless otherwise agreed in writing by both The Company and the customer. Capital items of equipment require a deposit of 20% of the quoted total amount to be paid at the time of order placement and acceptance. The Balance of the invoice is due within 7 days of delivery of such capital items.
14. Pre-payment is required with all orders and is to be made at the time that Product is available for collection or shipping for all customers who do not have an established trading account
15. Returns for credit. With the exception of returns of faulty or incorrectly supplied Product, a 20% restocking charge will apply.
In the case of non-stock items, credit for any returns will only be allowed if the original supplier/manufacturer also accepts the return. Freight and handling charges will be applied.
16. All Product returned will be in their original packaging and suitable for re-sale. Such Product shall not be obsolete or damaged in any way as such Product may be rejected by The Company or credited at a reduced rate.
17. No claim will be recognised unless made within seven (7) days of delivery.
18. Proof of purchase including the original invoice number must accompany all returns.
19. All care is taken in packing and preparing Product for shipping. Unless otherwise agreed in writing, no responsibility is taken for loss or damage in transit.
Unless otherwise stated, ROtek Australia Pty Ltd warrants its Product against defects in materials and workmanship for a period of 12 months from the date of shipment when said Product is installed and used in accordance with the supplied operations manual. Maintenance and performance logs must be kept to substantiate any claims. This warranty period specifically excludes such items as are reasonably classed as consumable items including filter elements, membranes and chemicals.
Liability of ROtek Australia Pty Ltd is limited under this warranty to the replacement or repair ex-factory of any defective equipment or component which, having been returned to the factory freight pre-paid, has been inspected by ROtek Australia Pty Ltd and determined in the sole judgement of The Company as requiring replacement or repair because of defects in the original workmanship and/or materials.
Any performance warranties which may be provided by ROtek Australia Pty Ltd for any product must be specifically made and are not part of any general published specification. Such performance warranties are made on the provision of a complete feedwater analysis and specified site operating conditions.
INSTALLATION AND COMMISSIONING
Installation and/or commissioning works is a specialised field often requiring considerable experience and skill sets.
Under no circumstances will The Company be responsible for any of the following:
Faulty installation works including civil, electrical or plumbing works by other parties apart from ROtek Australia Pty Ltd. Such faulty installation works include misunderstood or incorrect installation procedures.
Cost of repairs required to correct faulty works by other parties
Supply of additional items that may be required by local regulations specifically applicable to the supplied Product including backflow prevention devices, pressure limiting or relief valves, isolation valves, pipework, electrical RCD or other protection devices
All installation works requiring plumbing or electrical connections must be made by appropriately licensed and registered tradespersons in accordance with all applicable local regulations
All notices shall be addressed to: ROtek Australia Pty Ltd
14/21 Barry Street
Bayswater VIC 3153
Phone +61 3 9879 4041
GENERAL CONDITIONS OF SALE