SAMPLECONDITIONS OF SALECONDITIONS OF SALECCIWA1.pdfTél/Tel :Type/Clase : Contrat-type/Model contract/Modelo de contrato Source/Procedencia : Chambre de commerce et d’industrie de l’Australie de l’Ouest Chamber of Commerce and Industry of Western Australia Cámara de Comercio del Oeste de Australia 180, Hay Street East Perth, WA 6004 Australia Tél/Tel : (61) 8 9365 7684 Fax : (61) 8 9365 7616 Web : URL : www.cciwa.com Avertissement: Les contrats et guides de la présente collection ont été sélectionnés à seule fin d'illustration. Leur contenu et leur utilisation n'engagent pas la responsabilité de Juris International. Please note: The contracts and guides contained in the present collection have been selected for illustrative purposes only. Juris International shall not be liable for their contents or use. Advertencia: Los contratos y las guías de la presente colección han sido seleccionados únicamente a manera de ilustración. Su contenido y utilización no compromenten la responsabilidad de Juris internacional.SAMPLE CONDITIONS OF SALECONDITIONS OF SALE 1. All goods transacted are subject to the conditions of sale as convened in this document. 2. Any injuries, loss of income or other losses of earnings or injury claims for compensation associated with the installation, handling or otherwise use of the ………………., …………………. and its principals cannot be held responsible or liable for any claims what so ever. 3. ………………….. hereby warrant that the …………….. has a ……..year warranty on (goods description) warranty. 3.1 All warranties are full part replacement but not installation outside the manufacturers territory. Territories that are subject to a distribution agreement, warranty installation is to be carried out by the distributor. 4. Terms of Payment (Export) Payment for all goods that are to be transported out of the State of Manufacture (Western Australia) is to be received prior to shipment. 4.1 Payments in terms – credit and extended credit will need to be agreed to in advance of any orders placed under these terms. 4.2 Bankers details: ……………………………… ……………………………… ……………………………… 5. Quotations 5.1 All quotations are to be deemed valid for 30 days from the date of waiting unless otherwise stated. 5.2 All quotations are to be considered to be ex-works unless otherwise stated. 6. Delivery period is estimated and will be confirmed on acceptance of order. 6.1 Orders will only be accepted in writing/facsimile. 6.2 Acceptance of order on receipt of agreed payment conditions. 7. All goods shipped outside Australia will be according to Incoterms 2000. 7.1 Pre-delivery inspection can be arranged at the buyers cost. 8. To re-sale these goods into territories other than that agreed in the distribution agreement must be agreed in writing with the manufacturer. I:/International Trade Centre Sample Conditions of Sale Page 2CONDITIONS OF SALE 1. Unless otherwise expressly agreed in writing, all goods are sold upon the following terms and conditions to the exclusion of any terms and conditions of the Purchaser and no agent or representative of Company Name (the Company) has any authority to vary or omit, part of or all of, these conditions. Acceptance of delivery of the goods shall constitute acceptance of these terms. 2. Any deficiency in quantity of product delivered or transportation damage as at the time of delivery shall be notified to the Company immediately upon receipt. Acknowledgement of the delivery shall be deemed to be acceptance of the quantities as set out by the invoice and that the product has not suffered from transportation damage. 3. The Company will make good at its option by repair or replacement any articles sold by it which, within ……… months after delivery, are shown to the Company’s satisfaction to have been, at the time of delivery, defective where such defect is solely attributable to defective workmanship, materials or manufacture provided that: (i) the Company is immediately notified upon detection; and (ii) no defect is caused by wilful damage, negligence, incorrect storage or application, incorrect use, movement, installation or assembly (except by the Company, its servants or its agents) or defects caused by fair wear and tear; and (iii) if required by the Company the goods are returned to the Company within one month of the discovery of the defect. The warranty contained in this Condition is the ONLY express warranty given by the Company. All other conditions, representations, terms and warranties as to the fitness or quality of the goods supplied for any purpose, whether express or implied, whether statutory or otherwise and whether verbal or in writing are hereby excluded and negatived to the full extent permitted by law in each case. 4. Subject only to the provisions of Condition 3 the Company hereby excludes to the full extent allowed by law all liability of any kind whatsoever to the purchaser or any other party for any loss, damage or loss sustained or incurred by the purchaser or any other party in consequence of or resulting by, directly or indirectly, the supply of, use of, or performance of any products or services for whatever reason whether arising out of any breach by the company of any contract incorporating these Conditions or negligent or wrongful acts by the Company or its servants or its agents in connection with its products and or its services, and limits any liability that it might nevertheless have to a maximum amount being the invoiced price of the products or services in question. 5. No goods may be returned to the Company without the Company’s prior written consent. 6. The modifications of ………………….. (company name) products, other than in accordance with the Company’s written approval in each case, is not authorised and may result in product defects. The warranty contained in these conditions will not extend to any product which has been the subject of any unauthorised modification. 7. The Company reserves the right to declare void any warranty claim where the claimant does not extend to the Company a reasonable opportunity to fully inspect the product, application and circumstances of the product. 8. The Company sets out suggestions as to the use of, installation of and care of its products
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