SPECIAL TERMS AND CONDITIONS OF SALE CONTRACT
For the purposes of these terms and conditions and any quotation incorporating same the following definitions shall apply:
(a) "NG":THE NOVASYS GROUP PTY LTD (ABN 61 066 861 943) the registered office of which is 31/756 Burwood Highway, Ferntree Gully in the State of Victoria in the Commonwealth of Australia trading as Novasys Direct and its Transferees and permitted assigns.
(b) "the buyer": The party to whom any NG offer for sale incorporating these terms and conditions of sale is addressed and its Transferees and permitted assigns if the buyer is a company or the respective heirs executors administrators and assigns of any party to this Contract who is not a company.
(c) "the goods": The products specified in any NG offer for sale incorporating these terms and conditions of sale.
(d) "GST": The Goods and Services Tax imposed by Government. The Contract is to be treated as taxable for the purpose of GST.
All reasonable efforts will be made by NG to carry out its obligations pursuant to the Contract but if NG is prevented directly or indirectly from making delivery of the goods or performing or completing any of its obligations pursuant to such contract by reason of acts of God, strikes, trade disputes or any other industrial action, fires, interruption of transport, refusal of export licence government or administrative action or inaction or any other cause whatsoever whether or not of the like nature to the foregoing which shall reasonably be considered to be outside the control of NG, then NG will be under no liability whatsoever to the buyer. NG shall be entitled at its option (to be notified to the buyer in writing by its authorised representative) either to cancel such Contract whereupon NG shall relieved of all of its liabilities thereunder or to extend the time of its performance by a period equivalent to that during which performance by NG has been restricted by such circumstances.
Unless otherwise specified all parts of goods supplied by NG are warranted in accordance with the original equipment manufacturer's warranty and relate only to repair or replacement for defects in workmanship and materials. Any warranty provisions do not cover accidental damage or misuse by the buyer or any servant or agent of the buyer. The costs associated with the importation of spare parts and the costs associated with installation (if applicable) will be charged to the buyer. The warranty period for repaired or replaced parts does not exceed the warranty period applicable to the products originally delivered. Modifications made by the buyer to the goods will render void all manufacturers’ warranties. Unless specified in the quotation NG gives no warranty as to the ability or fitness of the goods and services to meet the requirements of the buyer.
Any claim for defective goods must be made by the buyer in writing within seven days from the date of delivery of the goods to the buyer's site.
The buyer agrees to indemnify and hold NG harmless from and against all loss claims expenses damages and liabilities including legal fees which NG may suffer incur or be required to pay arising out of the death or injury of any person or persons or damage to property resulting from or pertaining to the use or operation of the system or equipment occasioned by the negligence misuse or misconduct of the buyer its agents employees or invitees.
NG is not and shall not be responsible for any loss damage liability or injury incurred by the buyer as a result of any fault or damage in the goods supplied or work performed by NG whether such fault or damage arises as a result of negligence lack of care or any other cause by NG, its employees, officers, servants and agents at any time.
Any contract between NG and the buyer shall be governed by and subject to the Laws of the State of Victoria, Australia.
