User's Manual

Aleis ISO-6000 Series Operational Manual
Aleis ISO-6000 Series Race System Page 12 of 13
writing and in any event vendor's liability hereunder shall be strictly limited to the replacement of defective parts in accordance with para
11(1) of these conditions.
(4) Except as provided herein, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability,
description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or
otherwise are hereby expressly excluded and vendor shall not be liable for physical or financial injury, loss or damage or for consequential
loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the goods or arising out of vendor's
negligence or in any way whatsoever.
12. Vendor's liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974 (other than s 69) is hereby limited to:
(1) in the case of goods, any one or more of the following:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(d) the payment of the cost of having the goods repaired; or
(2) in the case of services:
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.
13. Vendor's liability under s 74H of the Trade Practices Act 1975 is expressly limited to a liability to pay to the purchaser an amount equal to:
(1) the cost of replacing the goods;
(2) the cost of obtaining equivalent goods; or
(3) the cost of having the goods repaired, whichever is the lowest amount.
14. Unless otherwise stated all prices quoted by vendor are net, exclusive of tax. Prices quoted are those ruling at the date of issue of quotation and are
based on rates of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, rate of weighs, cost of
materials and other charges affecting the cost of production ruling on the date the quotation is made and any alterations thereto either before acceptance
of or during the currency of the contract shall be to the purchaser's account.
15 The purchase price in relation to goods shall be payable and payment or balance thereof shall be made immediately at time of order, or otherwise as
agreed in writing.
16. Vendor reserves the following rights in relation to the goods until all accounts owed by the purchaser to vendor are fully paid:
(1) legal ownership of the goods;
(2) to enter the purchaser's 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 the goods; and
(3) to keep or resell any goods repossessed pursuant to (2) above;
If the goods are resold, or products manufactured using the goods are sold, by the purchaser, the purchaser shall hold such part of the proceeds of any
such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the
beneficial property of vendor and shall pay such amount to vendor upon request. Notwithstanding the provisions above vendor shall be entitled to
maintain an action against the purchaser for the purchase price and the risk of the goods shall pass to the purchaser upon delivery.
17. Any property of the purchaser under vendor's custody or control shall be entirely at the purchaser's risk as regards loss o
r damage caused to the property
or by it.
18. Vendor reserves the right to make a reasonable charge for storage if the purchaser does not take delivery of goods within fourteen days of notification
that the goods are ready for collection.
19. Vendor shall not be under any obligation to accept goods returned by the purchaser and will do so only on terms to be agreed in writing in each individual
case.
20. All goods to be supplied by vendor shall be as described on the quotation overleaf and the description on such order modified as so agreed shall prevail
over all other descriptions including any purchaser's specification or inquiry.
21. No order may be cancelled except with consent in writing and on terms which will indemnify vendors against all losses.
22. The contract for sale of the goods is made in the state of Queensland and the parties agree to submit all disputes arising between them to the courts of
such state at any court competent to hear appeals therefrom.
23.
The Purchaser shall pay all and any import duties, levies or imports and/or any sales, use, excise, gross receipts, value added, goods and services tax,
property or other taxes or duties of any kind whatsoever assessed upon or relating in any way to the goods ordered by the Purchaser irrespective of the
person, nation, state or authority requiring payment thereof.