All Company quotations will lapse thirty days after issue unless specifically agreed in writing by the Company.

The Purchaser acknowledges and agrees that copyright in all drawings, illustrations, product designs and specifications provided by the Company in connection with any quotation, contract or otherwise remains with the Company.

The Purchaser further acknowledges and agrees that the details and contents of the drawings, illustrations, product designs and specifications shall remain confidential between the Company and the Purchaser.

Where the Company offers a credit facility to the Purchaser the terms of payment of any invoice shall be net payment by the end of the month following the month during which the Goods are delivered and the invoice is rendered. Where no credit facility is offered the Purchaser shall pay the amount stated in the invoice on delivery of the Item to the Purchaser.

a) All prices are exclusive of GST and exclusive of delivery charges which will be debited to the Purchaser's account where applicable; and

                            b) All prices are those current as stated in the quotation.

a) The delivery dates and completion times contained in the quotation are an estimate only unless expressly stated to be an essential term, and may be varied at any time by the Company depending on the availability of materials, labour and transport and other contingencies;

b) Delivery dates and completion times are subject at all times to variation by the Company due to delay or disruption by or due to any matter beyond the Company's reasonable control; and

c) Risk of loss will pass to the Purchaser upon acceptance for delivery.

a) Except where Items supplied by the Company are defective and subject to any warranty, Items will only be accepted for return by the Company if the invoice number and full details of the reason for return have previously been supplied to the Company in writing and the Company has given the Purchaser prior written notice of its acceptance of the return of the Items;

b) The Purchaser shall inspect all Items received by it immediately upon receipt of the Items from the Company (receipt being the date of delivery or the date of collection, as the case requires) and the Purchaser must notify the Company in writing of any alleged short or wrong delivery, damage or other contractual breach within seven (7) days of receipt of the Items. If the Company does not receive such notice within seven (7) days, the Purchaser shall be deemed to have accepted delivery and the Company's obligation will be deemed to have been fulfilled;

c) Items returned by the Purchaser will only be accepted by the Company if the Items are not in any way damaged or imperfect;

d) If Items are made by the Company to a specified order of the Purchaser or according to the Purchaser's specifications and design, the Company will not accept return of those Items or allow credit to the Purchaser; and

e) Delivery of all Items returned by the Purchaser is to be at the Purchaser's expense and risk.

Property in the Items shall pass to the customer only after the time the Items are paid for in full by the customer unless otherwise agreed in writing by the Company.

The Purchaser warrants that the sale and purchase of Items does not confer on the Purchaser any licence or rights under any intellectual property rights which are the property of the Company.

Orders cannot be cancelled except with the Company's written consent which consent the Company shall be entitled to withhold if it so desires. If the Company gives its written consent, it reserves the right to claim a cancellation charge not exceeding the gross profit allowed in the contract plus the cost of work carried out and materials bought up to the date of cancellation.

The Company agrees to provide a warranty for all manufactured goods against faulty workmanship, materials or design for a period of twelve (12) months from the date of despatch or 2000 operating hours whichever is the sooner, after which all liability on the part of the Company ceases.

Warranty does not apply when:

a) Defects arise from materials supplied by the purchaser or from a design requested by the Purchaser;

b) Defects arise from normal wear and tear, corrosive atmosphere, wllful damage or injury caused by lack of care, insufficient inspection or maintenance, improper use of the goods, negligence or untrained or unskilled use in the operation or storage of the Items;

c) The unit is operated outside the limits of the specifications and design;

d) Unauthorised repairs, additions or alterations have been attempted by the Purchaser;

e) Purchaser fails to immediately notify the Company in writing of any defect or fault in the Items purchased or fails to provide full details of any such failure or fault prior to returning the Items to the Company; and

f) Failure attributable to fortuitous circumstances or ‘force majeure’.

Subject to the above conditions the Company will at its option either repair, modify or replace goods that are defective provided that the goods are returned to the Company’s Head Office at the Purchaser’s cost within ten (10) days of the defect being reported.

The Company’s liability is wholly limited to the original unit cost of the product sold. The Company will not be liable for any injury, damage, expense or loss of profit, direct or consequential, arising out of the use or installation of products supplied by the Company all of which are supplied at the sole risk of the user. No back charging associated with warranty claims will be accepted by the Company from the Purchaser.

In the case of goods not manufactured by the Company, the Company will, if requested in writing by the Purchaser, make all reasonable endeavours to assist the Purchaser to obtain from the manufacturer the benefit of any guarantee or warranty which the manufacturer may have expressly given as to the quality or fitness for any purpose of the goods. The fulfilment of this undertaking shall constitute the Company’s sole responsibility in respect of any faulty goods not manufactured by the Company.

The Company’s warranty provisions described herein are stipulated for the benefit of the Purchaser only and are not intended for the benefit of any third party.

Unless otherwise agreed in writing by the Company, the sale of all Items by the Company shall be governed by the applicable law in the State of Victoria.