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Auto Test

This document is a quotation from AutoTest Products Pty Ltd in Australia to MVPI in Saudi Arabia for 30 units of the AutoStop Mini Plus product at a total price of $23,639.18, with terms of cash on delivery. It provides payment instructions, noting the supplier's bank details and advising that all bank fees are the customer's responsibility. It also lists the supplier's standard terms and conditions, including provisions around liability, force majeure, and statutory warranties.

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Maree AlShehri
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0% found this document useful (0 votes)
39 views3 pages

Auto Test

This document is a quotation from AutoTest Products Pty Ltd in Australia to MVPI in Saudi Arabia for 30 units of the AutoStop Mini Plus product at a total price of $23,639.18, with terms of cash on delivery. It provides payment instructions, noting the supplier's bank details and advising that all bank fees are the customer's responsibility. It also lists the supplier's standard terms and conditions, including provisions around liability, force majeure, and statutory warranties.

Uploaded by

Maree AlShehri
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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AutoTest Products Pty Ltd

61-63 Parsons St
Kensington VIC 3031
Australia
Ph: +613 88403000
[email protected]
QUOTATION ABN 47 005 712 005
MVPI
Quotation Date
6601 Ali Al Fazari_Al Munsiyah 3683
22/08/2022
Riyadh, Riyadh 13253-
Saudi Arabia Quotation No
22083
Ship To: MVPI
6601 Ali Al Fazari_Al Munsiyah 3683
Riyadh, Riyadh 13253-
Saudi Arabia
Ship Via Customers Account

This quotation is valid Until 22/11/2022


This Quotation is based on an exchange rate of 1.00 AUD to 1 $AUD
The price remains firm for variations in exchange rates of less than 3%

Code Product Name Qty Unit Price Amount


917444 AutoStop Mini Plus 30 $787.97 $23,639.18
Subtotal $23,639.18
Freight Charge $0.00
Bank Charges $0.00
GST $0.00
Terms Cash on Delivery Order Total $23,639.18

All Bank Fees Are The Responsibility of The Customer


PAYMENT ADVICE Electronic Fund Transfer
Return payment to: AutoTest Products Pty Ltd.
Bank : Australia and New Zealand Bank, Sunbury, Vic
PO Box 182, Moonee Ponds Victoria, 3039
Phone: +613 88403000 Fax: +613 88403099 Swift Code : ANZBAU3M
Email:[email protected] BSB : 013-822
Account No : 4709 75259
Email Payment/ remittance advice to
[email protected]

Phone: +613 88403000 Fax: +613 88403099 Service: +613 88403016


Sales: +613 88403017
Email: [email protected]; [email protected];
www.Autotest.net.au
STANDARD TERMS AND CONDITIONS OF CONTRACT
FOR SUPPLY, SERVICE, REPAIR, RESEARCH & DEVELOPMENT INSTRUCTIONS
GIVEN TO AUTOTEST PRODUCTS PTY LTD

1. APPLICATION OF THESE CONDITIONS Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as
These conditions, subject to any variations we agree to in writing, apply to all supplies made by the company expressly set out in these Terms & Conditions, Autotest Products will not be liable to you, or any other person, for
specified in the invoice or the contract as the supplier to the entity specified in the invoice or the contract as the
any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in
purchaser. These conditions, in their present form or as changed, pursuant to these conditions, together with the contract, negligence or otherwise.
relevant credit application form (if applicable), invoices and Purchase Orders exchanged between the parties form 10. FORCE MAJEURE
the contract. 10.1 Neither party is liable for any Loss incurred by the other party as a result of any delay or failure to observe
2. INCONSISTENCIES any of these conditions (other than an obligation to pay money) as a result of any circumstance beyond the
Where the supply purports to be made on or subject to terms and conditions other than these conditions, the party’s control, including but not limited to any strike, lock-out, labour dispute, fire, flood, accidental or malicious
Purchaser agrees that such other terms and conditions are disregarded and form no part of the Contract unless the damage or breakdown in machinery. The party affected must notify the other party as soon as possible of such
Supplier agrees otherwise in writing. circumstance.
3. ACKNOWLEDGMENT 10.2 During the continuance of such circumstance the obligations of the party affected, to the extent they are
The Purchaser acknowledges and agrees that: affected by the circumstance, are suspended and resume as soon as possible after the circumstance has ceased
3.1 the Supplier’s liability under these conditions falls solely on the Supplier; and to have effect.
3.2 the obligations the Purchaser accepts and warranties the Purchaser makes are accepted and made for the 11. SUPPLIER’S LIABILITY
benefit of the Supplier and all of the Supplier’s related bodies corporate. 11.1 Nothing in these conditions is to be interpreted as having the effect of excluding, restricting or modifying any
4. ACCEPTANCE OF PURCHASE ORDERS AND FORECASTS statutory guarantee, condition or warranty, or right or liability implied by any applicable legislation into the
4.1 The Supplier will only accept Purchase Orders which are accompanied by a purchase order number. The Contract, if such exclusion, restriction or modification would be void or prohibited by the legislation.
Supplier reserves the right to refuse acceptance of any Purchase Order. Any quotation given by the Supplier lapses 11.2 To the extent that the Supplier breaches any statutory guarantee, condition or warranty implied into the
if not accepted by the Purchaser within 90 days. Contract and which cannot be excluded or modified, the Supplier’s liability is limited to, at the Supplier’s
4.2 If the Purchaser has provided the Supplier with a forecast of future requirements it acknowledges that the discretion:
Supplier will be entitled to rely on the accuracy of such forecast(s) for the purpose of ordering raw materials and a) in the case of Goods:
arranging its resources so as to be able to meet those forecast requirements. i.) replacement of the Goods or supply of equivalent Goods;
4.3 If any such forecast is materially inaccurate the Supplier shall be entitled to invoice the Purchaser for all costs, ii.) payment of the cost of replacing the Goods or acquiring equivalent Goods;
expenses or losses which result from the Supplier having relied on the inaccurate forecast. Such invoice will be iii.) repair of the Goods; or
subject to the normal terms of payment applying to the Purchaser. iv.) payment of the cost of having the Goods repaired; or
4.4 In any event, the Supplier shall be entitled to invoice the Purchaser for all finished Goods made to forecast and b) in the case of services, to:
not ordered by the Purchaser within 3 months of manufacture. Such invoice will be subject to the normal terms of i.) supply of the services again; or
payment applying to the Purchaser. ii.) payment of the cost of having the services supplied again.
11.3 Subject to (a) and (b) above, the Supplier is not liable to the Purchaser (or to any third party claiming through
5. TERMS OF PAYMENT the Purchaser) for any Loss caused by any act or omission of the Supplier, its employees or agent, and whether
Normal Terms of payment are cash with order, COD unless credit terms have been approved by the Supplier in based on negligence, tort, contract or otherwise. Under no circumstances shall the Supplier be liable for indirect
writing. If credit is satisfactorily established, invoices will be paid on or before the last business day in the month of or consequential losses.
the invoice date (without deduction or set-off of any kind) unless otherwise agreed to by the Supplier in writing.
12. INTELLECTUAL PROPERTY
If use of credit card is approved, then payment is due on the date of invoice. In the event payment is not received
by the due date the Supplier reserves the right to charge interest at the 90-day Bank Bill Swap Bid Rate (as quoted Any technical information, knowledge or processing methods at any time transmitted either orally or in writing by
on ASX at 11 am) plus 5% commencing from the due date of payment in respect of all the Purchaser’s the Supplier to the Purchaser shall remain the property of the Supplier and shall be considered absolutely
indebtedness which is overdue. Any interest so levied shall accrue on a daily basis and shall accrue until all monies confidential by the Purchaser who shall not use them for any purpose nor sell transfer or divulge them in any
owing are paid in full. The Purchaser shall also be liable to pay all expenses, legal costs on a solicitor and own manner to anyone without the prior written consent of the Supplier. The Purchaser warrants that the use by the
client basis, of the Supplier in relation to obtaining remedy of the failure to comply. Supplier of any designs or instructions supplied by the Purchaser will not infringe the patents, trade marks,
The Customer agrees that it shall not defer or withhold payment or deduct any amount from the account of the designs or copyright (”intellectual property”) of any other person and the Purchaser agrees to indemnify the
Company by reason of any claim it alleges against the Company. Supplier against any claim relating to or arising from the infringement of any intellectual property of any other
The Customer agrees to the following incidental additional costs being charged pursuant to the applicable payment person. If at any time a claim is made against the Supplier or the Supplier becomes aware that a claim is likely to
method (via either Credit card, PayPal or Credit Account) from the time the event which gives rise to the costs be made against the Supplier for infringing any intellectual property or contributing to any such infringement by
occurs: the Supplier or any other person as a result of supplying Goods, the Supplier may immediately terminate or
suspend this Contract.
6. DEFAULT
13. QUANTITY AND QUALITY TOLERANCES
If the Purchaser defaults in payment, or an application is made to a court to wind up the Purchaser, or a receiver or
administrator is appointed to manage the affairs of the Purchaser, or the Purchaser is in material breach of the Where the Purchaser supplies specifications to the Supplier, any Goods not varying in the specification stipulated
Contract, then the Supplier may terminate the Contract or any Purchase Order immediately and may recover from by the Purchaser by more than the established industry tolerance must be accepted by the Purchaser as
the Purchaser, at a minimum, reasonable compensation for materials purchased and ordered and labour expended complying with the Contract.
in complying with the Purchase Orders. 14. PRICE VARIATION
7. DELIVERY AND RISK Any addition or change to the specifications of the Goods must be agreed in writing by both the Supplier and the
7.1 While the Supplier will use all reasonable endeavours to deliver by the date specified in the Purchase Order, it Purchaser and may result in a price variation in accordance with paragraph 13.
does not unless otherwise agreed in writing guarantee delivery on that date and is not liable for any Loss resulting 15. TAX AND DUTIES
from late or early delivery. Delivery of the Goods shall be effected when the Goods are loaded to the delivery The Purchaser is liable for all taxes (including GST), duties, levies and other government fees and charges in
vehicle or placed on the Purchaser’s or the Purchaser’s agent’s nominated carrier. If no date for delivery has been relation to the Goods. Unless specified otherwise, prices quoted do not include such taxes (including GST),
specified, then the Goods shall be supplied to the Purchaser and the Purchaser shall receive the Goods as soon as duties, etc.
practicable after the Purchase Order has been accepted by the Supplier and the Goods have been manufactured. 16. GOODS AND SERVICES TAX
7.2 Risk in the Goods passes to the Purchaser at the time of delivery. Delivery to the Purchaser is deemed to occur 16.1 If, and to the extent, any supply of the Goods under the Contract is a taxable supply within the meaning of
at the time of delivery to the Purchaser, its agent or carrier. the GST Law, the price for the Goods will be increased to include GST payable by the Supplier in respect of the
8. SUPPLIERS RIGHTS supply.
8.1 The Supplier’s rights under this clause 8 secure: 16.2 All rebates, discounts or other reductions in price will be calculated on the GST exclusive price.
a) the Supplier’s right to receive the price of all Goods sold under this Contract; 16.3 The parties agree that:
b) all other amounts owing to the Supplier under this Contract or any other contract. a) the parties must be registered persons within the meaning of the GST Law; and
8.2 All payments received from the Purchaser must be applied in accordance with section 14(6)(c) of the PPSA b) the Supplier must provide tax invoices and if applicable adjustment notes to the Purchaser in the form
Act. prescribed by or for the purposes of the GST Law can be claimed
8.3 The Purchaser agrees that legal title and property in the Goods is retained by the Supplier until payment is 17. CLAIMS
received in cleared funds from the Purchaser of all sums owing to the Supplier, whether under the Contract or Any claim by the Purchaser arising out of the Contract must be made in writing and may be delivered by post,
otherwise. The Purchaser must keep the Goods separate from other goods and store the Goods so that they are hand delivery, facsimile or email as soon as practicable after discovery by the Purchaser of the problem and in
readily identifiable as those supplied by the Supplier. any event no later than 14 days after delivery of the Goods. To the extent the Supplier can identify the Goods and
8.4 The Purchaser must not sell the Goods except in the ordinary course of the Purchaser’s business. the date of manufacture the Purchaser must supply a sample and information if requested. The Supplier has the
8.5 If the Purchaser fails to pay by the due date any amount owing to the Supplier, the Supplier may (without right at any time within 14 days after receipt of the claim to inspect the relevant Goods. If the Purchaser disposes
prejudice to any of its other rights) recover and resell any of the Goods in which property has not passed to the of any of the Goods within the 14-day period, except with the written consent of the Supplier, all claims in respect
Purchaser. In addition to any rights the Supplier may have under Chapter 4 of the PPSA Act, the Supplier may, of the Goods disposed of are deemed to have been waived by the Purchaser.
without notice, enter any premises where it expects the Goods may be located and remove them without 18. CONFIDENTIALITY
committing a trespass, and the Purchaser authorises the Supplier to enter onto the premises where the Goods are Unless required by law or otherwise agreed, the Purchaser must keep confidential all information it receives from
kept to take possession of the Goods for that purpose at any time. The Purchaser also indemnifies the Supplier the Supplier which relates to the Goods, the Supplier’s business or any services the Supplier provides and any of
from and against all Loss suffered and or incurred by the Supplier as a result of exercising its rights under this the Supplier’s intellectual property (including without limitation any formulations), other products or processes
clause 8. If there is any inconsistency between the Supplier’s rights under this clause 8 and its rights under Chapter except to the extent that information is in the public domain.
4 of the PPSA, this clause 8 prevails.
8.6 The Purchaser acknowledges and warrants that the Supplier has a security interest (for the purposes of the 19. INSURANCE
PPSA) in the Goods and any proceeds until title passes to the Purchaser in accordance with this clause 8. The Unless otherwise instructed by the Purchaser in writing or included in a written quotation or price list by the
Purchaser must do anything reasonably required by the Supplier to enable the Supplier to register its security Supplier, insurance cover for the Goods in transit will not be arranged by the Supplier. Instructions for insurance
interest with the priority the Supplier requires and to maintain that registration. cover will only be accepted in writing at the time the Goods are ordered. The Supplier is not obliged to give the
8.7 The security interest arising under this clause 8 attaches to the Goods when the Purchaser obtains possession Purchaser a notice referred to in Section 39, Goods Act 1958 (Vic) (or any equivalent legislation).
of the Goods and the parties confirm that they have not agreed that any security interest arising under this clause 8 20. TRANSPORT
attaches at any later time. If the Purchaser requests delivery by means other than the means normally used by the Supplier, then the
9. CANCELLATIONS Purchaser must pay all additional costs associated with the means chosen. If, within 4 weeks after the Goods are
Any request by the Purchaser for cancellation of a Purchase Order must be in writing and may be delivered by available for dispatch, the Supplier is unable or finds it impractical to transport the Goods by the means chosen,
post, hand delivery or facsimile or email. The Purchaser is liable to reimburse the Supplier for the costs it has the Supplier may transport the Goods by any means it considers suitable and will advise the Purchaser
incurred for labour and materials in fulfilling the Purchase Order up to the date the request for cancellation is accordingly.
received and acknowledged by the Supplier. 21. OTHER DELIVERY PROVISIONS
Unless otherwise permitted under these Terms & Conditions Orders, once accepted, may not be cancelled or 21.1 Delivery may be made in one or more lots and at different times and by separate deliveries or shipments.
varied otherwise cancellation and variation fees may apply. Each lot must be accepted and paid for, notwithstanding any late delivery or non-delivery of any other lot. If the
You cannot cancel an Order once Goods have shipped in any circumstances. Special Orders cannot be cancelled. Supplier allows the Purchaser to nominate a delivery date, such date may not be more than 60 days after the
If we cancel your Order after acceptance, we will send you an e-mail notifying you of that cancellation. If we do, we expected date of manufacture of the Goods, as advised by the Supplier to the Purchaser.
will refund any money paid in respect of that Order unless an amount paid is subject to be forfeited (such as the 21.2 If the Purchaser is unable or unwilling to accept delivery on or before the nominated delivery date, or if no
non-refundable deposit for Special Orders). delivery date is nominated and the Purchaser is unable to accept delivery when the Supplier gives notice that the

AF3214a (1 July 2021) Commercial-In-Confidence Page 1 of 2


STANDARD CONDITIONS OF CONTRACT (CONT.)
21.OTHER DELIVERY PROVISIONS (cont.) 31. WARRANTY (cont.)
Goods are available for delivery, then the Supplier will hold the Goods in stock for 14 days after which time it may, 31.10 AutoTest and its Authorised Service Centres may seek reimbursement of any costs incurred by them when
at its discretion: the product is found to be in good working order.
a) continue to hold the Goods and charge the Purchaser for storage;
b) invoice the Purchaser and deliver the Goods in accordance with prior arrangements, notwithstanding that 32. WARRANTY EXCLUSIONS AND LIMITATIONS
the Purchaser’s representative or agent is not present or is unwilling to accept the Goods; or 32.1 To the full extent permitted by law, but subject always to 1, the Standard Warranty will not apply:
c) treat the Contract as having been repudiated by the Purchaser and invoice the Purchaser for the full 32.2 If the product has not been installed, operated, maintained or used in accordance with the manufacturer's
Contract price for the Goods and any other costs incurred by the Supplier less any amounts received by instructions or specifications provided with the product.
the Supplier from a bona fide sale of the Goods to a third party. 32.3 If the factory-applied serial number has been altered or removed from the product.
21.3 The Supplier will deliver the Goods to the Purchaser’s nominated store. The Purchaser must unload the 32.4 To damage, malfunction or failure resulting from alterations, accident, misuse, abuse, fire, liquid spillage,
Goods at the Purchaser’s risk. mis-adjustment of customer controls, use on an incorrect voltage, power surges and dips, thunderstorm activity,
voltage supply problems, tampering or unauthorised repairs by any persons, use of defective or incompatible
22. PRODUCT SPECIFICATIONS AND DESIGN CHANGES
accessories, the operation of a computer virus of any kind, exposure to abnormally corrosive conditions or entry
The Supplier may make any changes or improvements to the design or specification of the Goods at any time by any insect, vermin or foreign object in the product.
without giving prior written notice to the Purchaser unless otherwise agreed in writing. 32.5 The use of proper paper and stationary is very important to the operation of the printers. Use of non-
23. TOOLING standard paper will jam the printer and/or wear the print head. Use of non-standard paper will void the warranty.
Any tooling charges are payable by the Purchaser either as an upfront payment or by amortised payments, as 32.6 repairs attempted or made by other than our regional repair centre or authorised warranty service centre.
agreed in writing by the parties. Amortised tooling remains the property of the Supplier unless otherwise agreed in 32.7 To damage arising during transportation, installation or while moving the product, or to any transportation
writing. costs of the product or any parts thereof to and from the owner, unless otherwise specified in these Warranty
24. PAYMENT FROM FOREIGN ENTITY Terms.
If the Purchaser is not resident in Australia or is not an Australian company, payment must be made by irrevocable 32.8 conditions or malfunctions caused by the reasonable effects of fair wear and tear or the malfunction of
letter of credit (unless otherwise agreed by the supplier). If the Purchaser requires delivery of the Goods outside normally wearing parts, which include but are not limited to: Batteries, plugs and leads.
Australia, prices quoted are “free on wharf” free alongside ship, unless otherwise agreed in writing by the Supplier. 32.9 To any third-party software or hardware not contained in the product as originally configured by the
The customer is responsible for all fees and charges, duties and taxes, currency exchange fees and charges, manufacturer.
landing,transport costs and charges, and foreign entity bank fees. 32.10 To any failure, to the extent that the failure is not a failure of the product to perform in accordance with its
specifications.
25. ASSIGNMENT AND NOVATION 32.11 To replacement or repair of any
The Purchaser must not assign or novate the Contract or otherwise deal with the benefit of it or a right under it, or (1) consumables (including cables), paper, ink ribbons or
purport to do so, without the prior written consent of the Supplier. A change in control of the Purchaser will be (2) batteries (beyond 3 months from date of purchase), or
deemed an assignment for the purposes of this contract; (3) lost parts or accessories.
26. RELATIONSHIP OF THE PARTIES 32.12 To service of any product whilst it is outside Australia.
Except as expressly provided in the Contract nothing in the Contract is intended to constitute a fiduciary 32.13 To any wear and tear.
relationship or an agency, partnership or trust; and no party has authority to bind any other party. 32.14 Autotest will not be liable for any loss, damage or alterations to
27. SIGNIFICANT REGULATORY CHANGES (1) third party hardware or software.
or
Should any significant change in law or regulation (for example any form of emission or carbon trading scheme or
(2) programs, data or information stored on any media or any part of the product, no matter how occurring.
emissions or carbon tax) occur during the Term, the Supplier will subject to clause 11.1 be entitled, by notice in
or
writing to the Purchaser, to increase the price payable by the Purchaser for Products by an amount equal to the
(3) for any loss or damage arising from loss of use, loss of profits or revenue, or for any resulting indirect or
increased cost that will be incurred by the Supplier in supplying the Products to the Purchaser as a result of such
consequential loss or damage.
significant change.
32.15 This warranty is not transferrable beyond the original purchaser.
28. ENFORCEMENT OF SECURITY INTEREST
If Chapter 4 of the PPSA Act would otherwise apply to the enforcement of the security interest created under this 33. WARRANTY FOR REPAIR SERVICES
Contract, the Purchaser agrees that the following provisions of the PPSA Act will not apply; section 95 (notice of AutoTest Products warrants that appliances repairs are covered by a repair warranty period of 3 months from the
removal of accession) to the extent that it requires the Supplier to give a notice to the Purchaser; section 121(4) date of completion. This warranty applies to the repair itself, any parts and accessories replaced while carrying
(enforcement of liquid assets – notice to grantor); section 130 (notice of disposal), to the extent that it requires the out repairs and labour required to repair your appliance by our assigned repairer. Any work carried out by a
Supplier to give a notice to the Purchaser; paragraph 132(3)(d) contents of statement of account after disposal); repairer other than a repairer appointed by AutoTest Products, is not covered by AutoTest Products repair
subsection 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption warranty. This repair warranty excludes faults not related to the original complaint or repair, including any physical
of collateral); section 143 (reinstatement of security agreement). or accidental damage, or work done after the original repair was completed. The Customer is responsible to
29. NOTICES UNDER PPSA confirm that their product is not currently under any manufacturer, extended or repairer warranty before booking
an Appliance Repair service. AutoTest Products are not liable for any manufacturer warranty periods voided.
The Supplier does not need to give the Purchaser any notice under the PPSA Act(including a notice of verification
statement) unless the notice is required by the PPSA Act and that requirement cannot be excluded. 34. REPAIR SERVICE
30. PRIVACY During the repair process, if after replacing any agreed parts, the repair agent finds further parts that need to be
replaced for the product to be in good working order, they will provide a quote for any additional costs and
The Purchaser must comply with the Privacy Law with respect to any act done or practice engaged in by the
request your permission to proceed. Upon receiving a quote, if you choose to go ahead with the repair, you will be
Purchaser for the purposes of this Contract, including, without limitation, in relation to the collection, use disclosure,
required to pay any additional charges prior to any work taking place. If you do not wish to proceed, the original
storage, destruction or de-identification of Personal Information. The Purchaser must also enter a contractual
parts will be refitted if possible. A refund for the cost of the repair service will not be provided if choose not to
arrangement to this effect with any subcontractor or third party to which it discloses Personal Information in
proceed with the repair after reviewing any additional repair costs. In this instance, you will receive a $100
connection with this Contract.
Replacement Credit to assist with the cost of the replacement of your product. If you are uncontactable, no further
31. RETURNS AND REFUNDS work will be completed until contact is made. Repairs may require parts that may not be available at the time of
All returns and refunds must be accompanied by the correct proof of sale documentation. A full refund, exchange or assessment and need to be ordered. Estimated lead times will be provided prior to the acceptance of the quote,
repair of goods will be considered by a staff member from Autotest Products under the following circumstances: however this lead time may be exceeded due to issues such as parts availability or any freight delays, which may
- If the product is proven faulty delay the completion of your appliance repair. You will be advised of any delays to the repair completion date.
- If the product is not as described by suppliers’ specifications
35.MISCELLANEOUS
- If the product does not function as per the appropriate technical specification
35.1 Any of these conditions may be varied in writing by the Supplier unless otherwise agreed between the
- If the goods are in saleable condition and in the undamaged original packaging
parties.
If a discretionary refund is approved outside the above-mentioned circumstances, a restocking fee of 35% of the
35.2 Any variation to these conditions will only apply to Purchase Orders placed after the condition has been
current value of the goods may be charged to the client.
varied.
No refund or exchange will be given:
35.3 The Supplier may set-off any amounts owed by it to the Purchaser under the Contract against amounts
- On faulty items not immediately reported upon receipt of goods
owed by the Supplier to the Purchaser on any account whatsoever.
- On customised products as approved by the customer
35.4 The waiver by the Supplier of any provision, or breach of any provision, of the Contract is not to be
- For change of mind purposes
construed as a waiver of any other provision or a breach of any other provision, or further breach of the same or
- If the goods are found cheaper elsewhere
any other provision of the Contract.
- If installation or alteration of the goods has been attempted
35.5 If any provision of the Contract is unenforceable or void either in whole or in part for any reason, then that
- If the goods are no longer in a saleable condition
provision (or part) is deemed to be deleted without in any way affecting the validity or enforceability of any other
31. WARRANTY provision.
31.1 AutoTest Products Pty Ltd or any Authorised AutoTest Service Centre warrants its product against defects in 35.6 The Contract (including the details appearing on the Purchase Order) constitute the entire agreement
material and workmanship for a period of 12 months from the original date of purchase. This warranty applies only between the Purchaser and the Supplier and no modification is binding in relation to the Contract unless agreed
to products and components supplied by AutoTest Products which can be identified by the trade name or logo to in writing by the Supplier. Any dispute arising out of the Contract is governed by the laws of the State of
affixed to them or by other documents. AutoTest Products does not warrant any products not supplied by AutoTest Victoria of the Commonwealth of Australia and the Purchaser submits to the jurisdiction of and agrees to be
Products. bound by the Federal Courts of Australia and of the State of Victoria. The following words have the following
31.2 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are meanings in these conditions:
entitled to a replacement or refund for a major failure. You are also entitled to have the goods repaired or replaced a) “Contract” means the contract between the Purchaser and the Supplier for the supply of the Goods, as
if the goods fail to be of acceptable quality and the failure does not amount to a major failure. described in clause 1;
31.3 AutoTest Products or any Authorised AutoTest Service Centre reserves the right to refuse warranty repair if b) “Goods” means all goods and/or services ordered in the Purchase Order;
accident, abuse, misuse or misapplication has damaged the product. In transit or as a result of service or c) “GST” has the same meaning as in the GST Law;
d) “GST Law” means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
modification by other than an Authorised Service Centre, nor are any other warranties expressed or implied,
e) “Loss” means any loss, liability, damage, expense or cost whatsoever and includes (without limitation)
including any regarding merchantability or fitness for any other particular purpose.
indirect or consequential loss or damage, loss of profits or business opportunity, and damage to equipment
31.4 Subject to section 1.1 and the terms below, as your Standard Warranty Autotest agrees to repair or replace at or property;
AutoTest's cost the AutoTest product, and any Autotest accessory supplied with the product, purchased by you in f) “Personal Information” has the meaning set out in the Privacy Act 1988 (Cth).
Australia from a AutoTest Authorised Dealer when the product does not perform in accordance with the g) “PPSA” means the Personal Property Securities Act 2009 (Cth);
manufacturer's specifications during the Warranty Term, commencing from the date of purchase. h) “Privacy Law” means the Privacy Act 1988, including (without limitation) the 13 Australian Privacy
31.5 To make a claim under the Standard Warranty you will need to: Principles (APPs) in the Privacy Act 1988 (Cth) and all relevant Australian privacy laws, including the
a) In Australia contact the AutoTest Call Centre on 038840 3017 to register your claim and provide the details to Health Privacy Principles under state legislation (e.g. those contained in the Health Records Act 2001 (Vic)
enable AutoTest to assess the claim. or the privacy provisions contained in Part 2 of the Health Records (Privacy and Access) Act 1997 (ACT)),
(b) Provide or make the product available to AutoTest or a AutoTest Authorised Service Centre or as otherwise the Privacy Regulations 2013 and the Privacy (Credit Reporting) Code.
agreed with AutoTest. If you are required to return the product to a AutoTest Authorised Service Centre, AutoTest i) “Purchase Order” means a purchase order issued by the Purchaser to the Supplier;
will provide details of the centre to you. To find the nearest AutoTest Authorised Service Centre, either contact j) “Purchaser” means the person (including its successors, personal representatives and permitted assigns)
AutoTest Australia on 03 8840 3000 or use the Service Centre Locator found in the support section who acquires the Goods from the Supplier, and where this consists of more than 1 person the obligations
at www.autotest.net.au (Australia). in the Contract are deemed to be joint and several;
(c) Please note, you will need to submit proof of purchase (e.g. bill of sale, invoice or purchase receipt) with your k) “Related Bodies Corporate” has the meaning given to it in the Corporations Act 2001 (Cth); and
claim. l) “Supplier” means the company identified in the invoice
31.6 Products presented for repair may be replaced by refurbished products of the same type rather than being 36. Calibrations
repaired. Refurbished parts may be used to repair the products. Replacement of the product or a part does not The Purchaser acknowledges and agrees that:
extend or restart the Warranty Term. 36.1 the Supplier will provide calibration due (and or expiry) dates on all calibration certificates, this information
31.7 If the product presented for repair can retain user-generated data, you are advised that repair of the product will be provided based on advice from regulatory authorities and design tolerances of componentry.
may result in loss of the data. 36.2 the Supplier will report results decisions (pass or fail) in agreeance with published manufacturing tolerances.
31.8 The product will be at the owner's risk whilst in transit to and from the AutoTest Authorised Service Centre. 36.3 this requirement may be varied by specific agreement with the Purchaser.
31.9 AutoTest will bear the expense of transport where transported by AutoTest or its Authorised representatives.
Any other expense of claiming the warranty will be borne by you.

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