Terms of Quotation and Sale

1. Warranty

If you notify the Seller within 90 days of the delivery date of any defect in the goods then the Seller, at its cost, shall repair or replace all or part of the goods which are or is defective by reason of any faulty parts or workmanship. The Seller has no such obligation if you do not use the goods in accordance with the Seller's Operating Manual, or if you make or attempt any modifications or repairs without the Seller's prior written consent.

2. Definitions

Unless a contrary intention appears:

• "Contract" means this Agreement, made up of the terms of this form's face and these Terms, for the supply of goods.
• "Delivery" means the physical delivery of the goods to you or anyone you appoint as the goods' bailee.
• "You" means the party named as purchaser on this form's face, that party's employees, servants and agents.
• "Goods" means part or all of the goods described on this form's face which are the Contract's subject matter.
• "The Seller" means Dispensing Equipment Pty. Ltd. and/or its employees, servants, agents and representatives.

3. Contract

An order given to the Seller shall bind the Seller and you. If the Seller accepts the order; or if the Seller manufactures the goods in accordance with the order; or if the Seller delivers the goods to you or any carrier; or if you accept the Seller's quotation. If any of these events occur then you accept these Terms. You shall not vary these Terms by anything in your order or acceptance.

4. Price

You shall pay the price plus any taxes, duties, or charges levied by any authority upon the goods, or upon the manufacture, use, sale or delivery of the goods, and any amounts you owe to the Seller on any other account. You acknowledge that prices quoted in contract tenders or otherwise for the supply of goods in two or more deliveries over an extended period are subject to variations due to labour and/or material costs prior to or during the term of the Contract.

5. Payment

You shall pay the full price to the Seller upon delivery. You shall not withhold payment or make any deduction from the price. If you fail to pay the price, the Seller may (without prejudice to any other rights) charge interest on the price from the delivery date at the rate of 1.25% per month.

6. Passing of Title

(a) The goods shall remain the Seller's absolute property until paid for in full.
(b) At any time before full payment, the Seller may retake possession of the goods. You authorise the Seller (who need not give any notice) to enter (by any means) any building you occupy where the goods may be. You appoint the Seller as your agent to enter upon or into any other land or buildings which you might enter, where the goods may be; and to search for, remove and take possession of the goods without being liable in any way to you or anyone claiming under you for so doing.

7. Passing of Risk

You agree that the goods are at your risk at the earlier of property passing to you, or when the goods are delivered to you. Such passing of risk to you does not derogate in any way from Clause 6. The Seller is not obligated to give you the notice referred to in Section 34 (3) of the Sale of Goods Act 1896.

8. Delivery

You shall take delivery of the goods within seven (7) days of the Seller notifying you that the goods are ready for delivery. The Seller need not deliver the goods before you pay the full price. If you fail to take delivery, you shall pay to the Seller all storage and handling costs arising from your delay.

9. Breach by Seller

If the Seller fails to deliver the goods you shall not be entitled to treat the Contract as repudiated.

10. No Representations

You acknowledge and/or agree that no representative, agent or employee of the Seller was or is authorised to give any warranty, or to agree to any condition or warranty (collateral or otherwise); or to make any representation whatsoever on that behalf in respect of the goods. This contract supersedes any prior agreements between you and the Seller in respect of the goods. This document contains all the terms, conditions, inducements and representations made or agreed to by the Seller.

11. Indemnity

You agree to indemnify the Seller against: (I) all liabilities, losses or damages for claims for injury to or death of persons; and (II) all liabilities for loss of, or damage to, property, arising out of, or in any manner connected with the possession, use, or installation of the goods by you. You acknowledge that this Indemnity covers liabilities caused by or arising out of the Seller's negligence.

12. Defects

You agree that the Seller has no liability of a claim that the goods do not comply with the Contract unless you lodge a claim with the Seller within seven (7) days from the delivery date. You shall examine the goods when delivered. You shall disclose any defects you find in the receipt note you give to the Seller at that time. Notwithstanding the goods' defects (if any) you find and/or which may be drawn to your attention, you release the Seller from any claim arising from the goods quality and condition.

13. No Warranties

Where the Seller may limit its liability for breach of any term implied by the Trade Practices Act 1974, its liability for any such breach shall be limited to, in its absolute discretion: replacing the goods; supplying equivalent goods; repairing the goods; or paying the cost of replacing or repairing the goods. All other terms (other than those in clause 1) are expressly excluded.