Terms and Conditions of Sale

Tomitek Engineering Pty Ltd

--- Terms and Conditions of Sale A.B.N. 86 891 768 707 ---

1. General:

Unless special conditions are agreed to in writing no goods or services shall be supplied by Tomitek on any terms or conditions other than those set out herein and by taking delivery of the goods the Customer shall be deemed to agree to these Terms and Conditions. For the purposes of these Terms and Conditions the Customer shall mean the party to whom goods and services are sold and/or in whose name an Account is maintained by the Seller.

2. Payment:

2.1 The Customer agrees to comply with the trading terms of Tomitek and payment for goods or services shall be made by the Customer to Tomitek within the terms specified overleaf. Credit will be granted at Tomitek’s discretion and the following Account Customer terms will apply. If the Customer does not maintain an account with Tomitek OR if the Customer is in default of the Tomitek’s terms of credit then goods will be paid for at the time the Customer takes receipt of the goods.

2.2 For Account Customers payment is to be made thirty days from the date of the Statement. It is agreed that if the Customer does not make payment within the period specified by Tomitek then the Customer will pay to Tomitek by way of liquidated damages a default charge calculated by application of a daily percentage rate of 0.05% on the unpaid balance of the amount due from the due date for payment until the date that the total sum due to Tomitek is paid in full.

2.3 If the Customer fails to make payment at the due time Tomitek shall be entitled to suspend or cancel work (including despatch) on other orders outstanding from the Customer without prejudice to Tomitek’s rights to receive payment for the work already carried out on those orders and to recover the sum unpaid on any previous order.

3. Delivery:

3.1 Tomitek will make every effort to keep the despatch dates quoted but accepts no liability for any financial or other loss (whether direct or indirect) caused to the customer if despatch is nevertheless delayed.

3.2 The risk in the goods will pass to the Customer upon delivery to the Customer or its agent or to a carrier designated or agreed to by the Customer.

3.3 Tomitek shall not be liable for freight costs on goods returned to it by the Customer

3.4 Upon receipt of goods the Customer shall immediately inspect them. No claim of any kind will be enforceable against Tomitek unless made in writing within seven (7) days of the receipt of the goods by the Customer. GOODS CUT TO SIZE, MACHINED OR FABRICATED ARE NOT RETURNABLE.

4. Advice and Suitability for End Use:

Any advice, recommendation, information or assistance provided by Tomitek in relation to the properties, quality or suitability for any use or application of the goods specified overleaf (hereafter referred to as the Goods) is given in good faith and is believed by Tomitek to be appropriate and reliable. However any advice, recommendation, information, assistance or service provided by Tomitek in relation to the Goods is provided without liability and Tomitek will not be bound by any warranty, condition, representation or statement unless it is specified in writing and Tomitek shall have no liability whatsoever for any loss, injury, damages or expenses suffered or incurred whether directly or indirectly by the Customer’s agents or employees or any other person using the Goods, except as may be unavoidably imposed by law.

5. Title to Goods:

5.1 Legal and beneficial ownership of the goods shall be retained by Tomitek until payment for the goods has been received by Tomitek in full and the Customer has paid in full all its accounts Tomitek relating to all contracts made with Tomitek.

5.2 If payment is made by the Customer by way of cheque ownership shall not pass to the Customer until the cheque has been honoured.

5.3 In the event that the Customer fails to pay Tomitek for the goods by the due date required for payment under Tomitek’s terms of trade, the Customer (without prejudice to Tomitek’s rights as an unpaid seller or any of its other rights and remedies to retake possession of Tomitek’s goods from the Customer) hereby agrees to deliver up the goods to Tomitek upon demand by Tomitek and consents to Tomitek retaking possession of the goods for which the Customer has not paid.

6. Cancellation:

Orders placed with Tomitek cannot be cancelled without the written approval of Tomitek. Tomitek cannot accept cancellation of an order for goods made especially to the Customer’s requirements.

7. GST:

The price quoted does not include GST or any other government authority impost unless otherwise stated in writing and the same shall be added to and form part of the price.

8.Confidentiality:

8.1 All drawings, designs, specifications and other information which Tomitek supplies in connection with a quotation or order are confidential. They remain the personal property of Tomitek and must not be disclosed to any third party without the Tomitek’s prior written permission.

8.2 All tools, moulds and fixtures which are developed or made in the course of or incidental to the manufacture or provision of the goods shall remain the property of and in possession of Tomitek. Tomitek shall not be obliged to disclose any techniques of production or tooling used to the Customer or to any other party.

9. Customer’s Materials:

The following terms apply in relation to orders for which the Customer supplies Tomitek with its own samples, blanks, patterns or stock materials (hereafter referred to as the Materials).

9.1 The Customer undertakes that the Materials will be in all respects suitable for the operation for which they are required. The Customer will at its expense replace any unsatisfactory materials and will pay Tomitek for the cost of work already carried out on such materials and for the cost of damage to Tomitek’s tools or other property.

9.2 Except for cuttings, the materials remain the property of the Customer whilst in Tomitek’s possession. Tomitek will not be under any liability for loss or damage to the materials or for any consequences of such loss or damage.

9.3 Carriage of the materials to Tomitek will be at the Customer’s expense.

10.Warranty:

TOMITEK Engineering Pty Ltd warrants that the manufactured goods, when operated and maintained in accordance with TOMITEK Engineering operating and maintenance instructions, will be free from defects in workmanship for a period of one year.

11.Industrial Property Rights Law:

The following terms apply in relation to orders for which the Customer supplies Tomitek with its own samples, blanks, patterns or stock materials (hereafter referred to as the Materials).

11.1 If goods supplied by Tomitek to the Customer’s design or specifications infringe or are alleged to infringe any patent or registered design rights or copyright the Customer will indemnify Tomitek against all damages and costs incurred by Tomitek as a result of the infringement or allegation. The Customer will give Tomitek all possible help in meeting any infringement claim brought against Tomitek.

11.2 Any intellectual property (including but not limited to copyright), discovery, invention, process or improvement in procedure created, made, written, discovered or brought into existence by Tomitek in connection with the manufacture or provision of the Goods shall be the sole property of Tomitek.

12.Default:

In the event of the Customer’s default under these Terms and Conditions the Customer shall pay to Tomitek on demand all costs including without limitation all legal costs (on a solicitor/own client basis), all mercantile agents’ fees incurred by Tomitek in recovering all amounts outstanding and payable under these Terms and Conditions and any dishonour and bank fees incurred by Tomitek relating to payments made by the Customer from time to time.

13.Jurisdiction:

These Terms and Conditions shall be governed by and interpreted only according to the laws of Victoria (Australia) and Tomitek’s and the Customer consent and submit to the jurisdiction of the Courts of Victoria.

Terms and Conditions of Sale

Tomitek Engineering Pty Ltd

--- Terms and Conditions of Sale A.B.N. 86 891 768 707 ---

1. General:

2. Payment:

3. Delivery:

3.1 Tomitek will make every effort to keep the despatch dates quoted but accepts no liability for any financial or other loss (whether direct or indirect) caused to the customer if despatch is nevertheless delayed.

3.2 The risk in the goods will pass to the Customer upon delivery to the Customer or its agent or to a carrier designated or agreed to by the Customer.

3.3 Tomitek shall not be liable for freight costs on goods returned to it by the Customer

3.4 Upon receipt of goods the Customer shall immediately inspect them. No claim of any kind will be enforceable against Tomitek unless made in writing within seven (7) days of the receipt of the goods by the Customer. GOODS CUT TO SIZE, MACHINED OR FABRICATED ARE NOT RETURNABLE.

4. Advice and Suitability for End Use:

5. Title to Goods:

5.1 Legal and beneficial ownership of the goods shall be retained by Tomitek until payment for the goods has been received by Tomitek in full and the Customer has paid in full all its accounts Tomitek relating to all contracts made with Tomitek.

5.2 If payment is made by the Customer by way of cheque ownership shall not pass to the Customer until the cheque has been honoured.

6. Cancellation:

Orders placed with Tomitek cannot be cancelled without the written approval of Tomitek. Tomitek cannot accept cancellation of an order for goods made especially to the Customer’s requirements.

7. GST:

The price quoted does not include GST or any other government authority impost unless otherwise stated in writing and the same shall be added to and form part of the price.

8.Confidentiality:

8.1 All drawings, designs, specifications and other information which Tomitek supplies in connection with a quotation or order are confidential. They remain the personal property of Tomitek and must not be disclosed to any third party without the Tomitek’s prior written permission.

9. Customer’s Materials:

The following terms apply in relation to orders for which the Customer supplies Tomitek with its own samples, blanks, patterns or stock materials (hereafter referred to as the Materials).

9.2 Except for cuttings, the materials remain the property of the Customer whilst in Tomitek’s possession. Tomitek will not be under any liability for loss or damage to the materials or for any consequences of such loss or damage.

9.3 Carriage of the materials to Tomitek will be at the Customer’s expense.

10.Warranty:

TOMITEK Engineering Pty Ltd warrants that the manufactured goods, when operated and maintained in accordance with TOMITEK Engineering operating and maintenance instructions, will be free from defects in workmanship for a period of one year.

11.Industrial Property Rights Law:

The following terms apply in relation to orders for which the Customer supplies Tomitek with its own samples, blanks, patterns or stock materials (hereafter referred to as the Materials).

12.Default:

13.Jurisdiction:

These Terms and Conditions shall be governed by and interpreted only according to the laws of Victoria (Australia) and Tomitek’s and the Customer consent and submit to the jurisdiction of the Courts of Victoria.