Terms & Conditions of Sale
Terms and Conditions under which ELB Pty Limited (herein called ELB) sells Products and Services to customers (herein called Customer).
1. Validity of Quotations
All quotations are valid for a period of 30 days from the date shown on the quotation, unless otherwise specified in writing by ELB. In the event that the prevailing exchange rate between the currency of the country of origin and the currency quoted has fluctuated from the time the quotation is rendered to the time of payment is received from the Customer, ELB reserves the right in its sole discretion to adjust any prices quoted herein and the customer agrees to meet the revised price. For the purpose of this contract, the prevailing exchange rate at the time of the quotation shall be the rate specified, (at the time payment is received) to be that issued by the Commonwealth Bank of Australia for a spot transaction on that day.
All Products shall be paid for on or before delivery or if ELB and the Customer agree on and maintain a credit arrangement, by the terms and conditions of the arrangement. Property of the Products shall remain with ELB and shall only pass to the Customer upon the payment of the purchase price in full. Prior to payment of the purchase price in full, the Customer shall hold the Products as bailee for ELB. In the event of the Products whether in the same or a modified form being disposed of prior to the payment of the purchase price in full, any amount received by the Customer shall be held in trust by the Customer for ELB. All prices quoted are in Australian dollars, unless otherwise specified.
Orders may be cancelled or rescheduled to ninety (90) days before the scheduled shipment date. Any cancellation or rescheduling occurring in less than ninety days prior to the scheduled shipment date will be subject to cancellation/rescheduling charge equal to 40% of the gross order value.
4. Limitation of Liability
In no event shall ELB be liable to the Customer for incidental or consequential damages (including loss of profits) of any nature arising out of or related to the supply, design, manufacture, installation or service or the performance or use of any Products and, in the event that ELB are liable for a breach of warranty or condition implied by law and not capable of exclusion by agreement. ELB’s liability shall be limited to the minimum level possible under that law.
These Terms and Conditions of Sale shall apply to the sale and purchase of the quoted Products except where modified herein by ELB or except where ELB and Customer are parties to a current written agreement which governs the sale and purchase, in which latter case the provisions of the said Agreement shall prevail.
An offer made by the Customer shall not be binding on ELB until accepted in writing by ELB.
7. Stock Availability
Whilst most products are readily available, lead times on stock can vary between 2-3 days to 4-6 weeks. Lead times for speciality items like Magic Planet (for example) can take between 8-10 weeks.
Unless otherwise specified, Products are located in Sydney and delivery shall take place at the time of the physical taking of the Products by the Customer or by the carrier whether engaged by ELB or the customer or 10 days after ELB notifies the Customer that the Products are ready for delivery, whichever first occurs. Where the Customer arranges its own carrier, it shall be responsible for all freight, insurance and other costs associated with the carriage Where ELB arrange carriage, all freight, insurance and other costs shall be to the account of the Customer.
New Products: ELB warrants that the Equipment and Spare Parts under normal use and service will be free from defects in materials and workmanship for the period of warranty provided for each product described from the date of shipment to Customer. ELB will, without charge to Customer, promptly repair or replace, at its option, any parts which are determined to be defective within this warranty (excluding expendables) and which are returned to ELB provided:
(1) Customer shall have notified ELB of any alleged defect within the warranty period and
(2) the equipment has not been damaged, subject to misuse, altered or repaired or improperly maintained by Customer or others in a manner which ELB reasonably determines to have adversely affected performance or reliability.
ELB’s liability hereunder is limited to the repair or replacement of the defective part and does not include any labour related to the subsequent installation thereof. Parts repaired or replaced by ELB will be shipped to Customer F.O.B. destination. The above warranties extend solely to Customer and all warranty claims must be generated by the original Customer Repair or replacement of component parts shall not extend nor decrease the Equipment warranty.
Repairs: With the exception of the warranty period (repairs are warranted for 30 days), new products terms and conditions apply.
THE WARRANTIES CONTAINED IN THIS CLAUSE ARE IN LIEU OF ALL OTHER WARRANTIES (OTHER THAN NON INFRINGEMENT AS HEREINAFTER PROVIDED) EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.
10. Authorised Returns
Customer shall not return any ELB Product for credit, exchange or otherwise without the prior issuance by ELB of an ELB Return Authorisation.
If any of the terms and conditions hereof shall to any extent be invalid or unenforceable, the remainder of these Terms and conditions, or the application of such terms and provisions to persons or circumstances other than those as to which it is held unenforceable shall not be affected.
12. Applicable Law
The validity, interpretation and performance of this Agreement shall be governed by the laws of the State of New South Wales, Australia.