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 C mara de Comercio del Oeste de Australia 180 Hay Street East Perth WA 6004 Australia T l Tel Fax Web 61 8 9365 7684 61 8 9365 7616 URL www cciwa com Avertissement Les contrats et guides de la pr sente collection ont t s lectionn s seule fin d illustration Leur contenu et leur utilisation n engagent pas la responsabilit 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 gu as de la presente colecci n han sido seleccionados nicamente a manera de ilustraci n Su contenido y utilizaci n no compromenten la responsabilidad de Juris internacional SAMPLE CONDITIONS OF SALE CONDITIONS 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 4 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 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 6 7 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 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 All goods shipped outside Australia will be according to Incoterms 2000 7 1 8 Pre delivery inspection can be arranged at the buyers cost 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 2 CONDITIONS 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 ii iii the Company is immediately notified upon detection and 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 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 on the understanding that those suggestions are made solely to assist the purchaser to get the best results from its purchase and that they do not amount to warranties or otherwise add to or vary these Conditions of Sale in any way 9 The Company will use its best endeavours to deliver at the time stated and all delivery dates shall be regarded at best as estimates only The purchaser must accept the actual delivery date and the Company shall not be liable for any losses costs damages or expenses suffered by the purchaser or any other party
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