Terms & Conditions of Trading

General

a) Payment is strictly due within 30 days from the date of invoice.
b) Any order placed with the Company for goods and/or service implies acceptanceof the following conditions which may be varied only in writing by the Company'sauthorised representative. Descriptive and clerical errors are subject to correction.
c) These conditions are in place of and exclude all other warranties and conditionswhether implied by statute or otherwise and in particular the Purchaser acknowledgesthat he has relied solely upon his own inspection and skill and judgement andnot by reason of any representation by the company.
d) In the absence of a written order from the Purchaser, the Company'sinternal order will constitute the basis of the agreement.

Acceptance

Any contract or order based on this or any other tender or quotation is onlyaccepted upon and subject to the Company's Terms and Conditions of Quotation,Sale & Repair as herein printed and these conditions are to have full forceand effect as if incorporated into the Purchaser's order. Unless expresslyaccepted in writing by the Company any variations of or additions to these conditionsin a Purchaser's order or order form will be deemed to be inapplicable.
All quotations are subject to withdrawal or variation by the Company at anytime prior to acceptance of a firm order. No order given to the Company basedupon a quotation shall be binding upon the Company until accepted by the Companyin writing. The Company reserves the right to correct any accidental error oromission or quotation or invoice without prior notice.

Prices

All prices are net and Goods and Services Tax exclusive unless otherwise stated.Prices for goods to be imported are based on prices quoted to the Company bythe Principal and the rates of freight, Insurance premiums, customs duties,primage and other costs of importation known to the Company at the time of thequotation. In the event of any increase in these rates or in the prices of thegoods quoted to the Company by the Principle before acceptance of an order orprior to the delivery of the goods to the Purchaser then the cost to the Companyentailed by such increase/s shall be added to and form part of the purchaseand or repair price and be payable by the Purchaser accordingly. Converselyany decrease in any such rates or the Principal's price shall be deductedfrom the purchase and or repair price. This provision for variation of priceshall also apply to goods and service required for the execution of an orderpurchased and obtained locally.

Warranties

Where the Purchaser is a consumer as defined by any relevant law such as theTrade Practices Act, 1974 Commonwealth and similar state laws in respect ofany goods, certain conditions and warranties cannot be excluded, restrictedor modified (?the consumer warranties?). In those circumstancesthe Purchaser has the benefit of both the consumer warranties and the conditionscontained in this clause and in the event of any inconsistency the consumerwarranties shall prevail; all other express or implied conditions or warrantiesin respect of the goods or any of them are excluded from this contract. Wheregoods are goods in respect of which the Purchaser is not a consumer, the followingcondition will apply: instruments and accessories (except electronic tubes andcomponents, illumination sources, items wholly or partly of glass, silica orceramic material, thermocouples, batteries, electrical elements and reconditionedreplacement parts, such as exchange circuit boards) are warranted to be freefrom defects in materials and workmanship, in accordance with the Principal'swarranty. This warranty does not cover the repair of any fault or replacementof any defective part resulting from an act of God, or the negligence or malpracticeof the Purchaser or his servants. Unless stated to the contrary in writing,products are warranted for a period of one year from dispatch. Should any ofthe equipment sold by the Company fail for any inherent electrical or mechanicaldefect within the warranty period, the Company undertakes to repair the samefree of charge providing the defective goods are returned to the Company'swarehouse freight/insurance prepaid and provided that no alteration or additionsare made or repairs undertaken except by the Company or the Company'sauthorised representatives. Should the Purchaser require the Company'sengineer to inspect the equipment instead of returning same to the Company,the Purchaser is to pay the cost of the Company's engineer time and expenses.Warranty is likewise extended to repairs carried out by the Company or by thePrincipal but is limited to three months and is applicable to the repair workdone and not to any subsequent failure of unrelated parts and or software.

Currency Fluctuation

Indent items from overseas are in addition subject to alteration in price becauseof variation in currency rates between the Principal's currency and theAustralian dollar at the date of the Company's invoice.

Goods and Services Tax

Prices quoted are subject to the addition of goods and services tax and to anytax imposed by any Government authority upon the goods quoted or upon the production,sale, distribution, delivery or upon any feature thereof if applicable. Allsuch taxes shall be payable by the Purchaser and may be added to the purchaseprice by the Company.

Goods ex stock

Goods quoted ex stock are subject to prior sale by the Company unless it isotherwise stated in the quotation.

Availability of goods

The Company shall have no liability direct or indirect for the delay in delivery.The delivery time for the goods quoted on an indent basis is an estimate onlyand is based upon the Company's knowledge of conditions prevailing atthe time the quotation is made. The delivery time is subject to variation inaccordance with the Principal's manufacturing programme and the availabilityof shipping space from the source of supply and also to any delay through Actof God, labour disputes, strikes, lockouts, fire, accident, non-delivery ofparts by other manufacturers or any other causes or contingencies beyond theCompany's control and/or the control of the Principals. The Company doesnot accept orders under penalty for late delivery.

Acceptance of goods

The Purchaser shall inspect the goods immediately on the arrival thereof andshall within 7 days from such inspection give notice in writing to the Companyof any matter or thing by reason whereof he may allege that the goods are notin accordance with the contract. If the Purchaser shall fail to give such noticethe goods shall be deemed to be in all respects in accordance with the contractand the Purchaser shall be bound to accept and pay for the same accordingly.

Standing Orders & Contracts

Any Standing Orders and other contracts that have been made with Pathtech arebinding within the specified period and can only be cancelled if both partiesmutually agree. Goods whether they are custom made or not, or are in the processof manufacture, or are in transit and in the contract time frame will be purchasedby the customer.

Deliveries

In the case of delivery or part thereof each and every delivery will be deemedto be sold under a separate contract and will be subject to these Terms andConditions of Quotation, Sales and Repair.

Liens

In addition to any lien to which the Company may be entitled by statute or commonlaw the Company shall, in the event of the Purchaser's insolvency, bankruptcyor winding up, be thereupon entitled to a general lien on all property whatsoeverowned by the Purchaser but in the Company's possession at the time, suchlien to cover the unpaid price of any goods (including the goods) sold by theCompany to the Purchaser.

Waivers

Failure by the Company to insist upon strict performance by the Purchase ofany terms or conditions contained herein shall not be taken to be a waiver thereofor of any rights of the Company in relation thereto and in any event shall notbe taken to be a waiver of the same terms and conditions on any subsequent occasion.

Laws

The contract constituted by the acceptance by the Company of the Purchaser'sorder or by the Purchaser's acceptance of the Company's tender/quotationshall be construed to be in accordance with the laws of the State of Victoria.

Risk and dispatch

Unless otherwise specified by the Company the point of delivery of the goodsshall be at the Company's premises and other such sites. Goods deliveredelsewhere shall at the Purchaser's risk from dispatch to such premisesand the Purchaser will indemnify the Company against any claim or liabilitydamage or injury to or by the goods after dispatch and shall specify in writingon his official order if insurance is to be taken out on his behalf and at hiscost. This provision will apply notwithstanding the fact that the Company hasagreed to install the goods at the premises nominated by the Purchaser.

Literature

Illustrative and descriptive literature supplied by the Company to the Purchaserrepresents generally the goods specified therein but may not comply in all respectswith the goods which are subject of this quotation.

Installations and Commissioning

All equipment shall be installed and commissioned by and at the expense of thePurchaser unless agreed to in writing or otherwise stated in the Company'squotation.In the case of equipment which the Company or the Principal undertakes to install,it is the Purchaser's responsibility to provide all service utilitiesrequired, e.g. electric power outlets, water outlets, drains, compressed airlines, etc. If special handling equipment is required such as heavy lift gearfor movement of equipment at the installation site the cost of hiring or usingsuch equipment and any associated charges will be additional for the Purchaser'saccount. Installation will be made at the time of delivery or as soon as practicablethereafter and the special handling equipment will be at the Purchaser'srisk. Unless otherwise agreed the Company's responsibility to installsuch equipment may cease if the installation is deferred by the Purchaser foran indefinite period.

Terms of Payment/Retention of Title

Where credit terms have been agreed, invoices are Strictly Net 30 days fromthe date of invoice. Terms of Payment may be varied at the discretion of theCompany and will be outlined on the quotation. The property of the goods shallnot pass to the Purchaser until the goods are paid for in full. In the eventof non-compliance with the Company's Trading terms, the Company reservesthe right to suspend deliveries and/or cancel contracts and/or apply a servicefee at the rate of 2.5% per month on all outstanding monies from the due dateand/or void warranty.Where credit terms have not been agreed upon, the Company will require a chequewith order.

Cancellation

Any order placed resulting from this quotation may be cancelled in full or partby the Purchaser only upon the Company's consent in writing and againstpayment to the Company of a reasonable and proper cancellation fee, should thisbe deemed necessary by the Company.Filing a petition of bankruptcy or commencement of any legal action for insolvency,or creditor's petition for winding-up of the Purchaser's companyshall be deemed a cancellation by the Purchaser.

Return of Goods

Returns may be made with prior written consent of the Company and may not beaccepted after seven days from the date of the Company's invoice. Freightcosts on goods being forwarded to the Company will be borne by the Purchaser.A restocking fee of 15% will be charged.(a) Packaging:Where goods were originally supplied in a special Principal's carton,any return shall be made in that original carton and the goods shall be in theiroriginal and unmarked condition, complete with any instruction sheets supplied.(b) Goods not returnable:The following goods cannot be returned for credit under any conditions:-Any goods specially made, including items cut to length.Any goods made, or purchased to a firm and irrevocable order.Any goods altered or damaged by the Purchaser.Any goods having an invoice value of ten dollars or less.Any goods especially indented and which are not normal stocklines.

Injury and Damage

The purchaser shall indemnify the Company against all claims whether made underany contract or statute or under common law in respect to any loss or damageto any property whatsoever arising out of any defect in material or workmanshipin connection with any goods manufactured and/or sold by the Company or anydefault or negligence on the part of the Company's personnel in connectionwith or during the carrying out of any work by the Company on the Purchaser'sor any other person's property.

Validity

Quotations are valid for 30 days unless otherwise stated.

Assignment

The Purchaser shall not assign the contract or any right thereunder withoutthe written consent of the Company.