Sales Agreement – Terms and Conditions

 

KO Welding Tables Australia –

KO Welding Pty Ltd. ABN: 86 637 849 702

 

SALES AGREEMENT TERMS AND CONDITIONS

 

Thank you for your consideration, please be notified that the following terms shall be applicable on the sale of the products and you authenticate that you are aware of the terms mentioned hereunder and you shall abide by these terms.

 

1            DEFINITIONS

 

The definitions and rules of interpretation in this Clause apply in this Agreement.

 

Business Day: means a working day on which the Banks are open in Australia.

Force Majeure Event: means an act of God, including meteorites, earthquake, tempest, flooding, fire, cyclone, hurricane, typhoon, tidal wave, whirlwind, volcanic eruption or other unusual and extreme adverse weather condition; provided it is impossible for the affected Party to perform its obligations under this Agreement as a result of such weather condition and provided such condition could not have been foreseen. No events or circumstances other than those specifically identified above shall constitute a Force Majeure Event; furthermore, nothing in this definition shall be interpreted as an admission by the Parties that any of the events or circumstances, or combination of events or circumstances, as listed above will automatically qualify as a Force Majeure Event.

Good Industry Practice: means the exercise of reasonable skill, care, diligence, prudence, efficiency, foresight and timeliness that would at that time be expected from a skilled, trained, experienced and reputable expert in services equivalent or similar to the services to a customer of similar size to Client and having substantially the same requirements.

Intellectual Property Rights: means patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection that subsist or will subsist, now or in the future, in any part of the world.

 

2            TERMS OF SALE

 

·       The Buyer can place the order which shall be locked for its dispatch upon 50% deposit of the actual price of the product.        The rest 50% payment of the product shall be paid upon arrival of product.

·       The Buyer shall be liable to pay remaining 50% within 5 business days of arrival of product, in case the payment is delayed    beyond 5 days the Buyer shall be charged with an interest at the prevailing rate.

·       The order shall be delivered within and approximately in 12 to 14 calendar weeks after we have received your deposit, it shall also depend on      your order, customisations, location and the if the there is no Force Majeure.

·       The aforementioned time frame shall be used as a guide only. The Seller shall try its best as per the prevailing conditions but cannot in any          manner guarantee the delivery time as provided to the Buyer. The Buyer shall not have any right to sue or claim damages due to delayed                      delivery due to any reason whatsoever, which is not in the control of Seller.

 

3            REFUND

 

If Buyer is not happy with the product on arrival Seller will negotiate a refund and/or replacement so that Buyer is satisfied. If Buyer changes their mind, as sales are specific to Buyer and may be difficult to resell, it shall be decided by Seller and shall be Seller’s discretion to offer 50% of your deposit refund back within 4 weeks of purchase.

 

4            WAIVER

 

No failure or delay by a Party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

 

5            WARRANTY

 

The Seller offers 1 year warranty on welding tables and accessories if they break, only in such conditions the product is being used as per the terms of the usage of the product, in a reasonable manner with due care and diligence, without negligence and careless handling.

 

6            ENTIRE AGREEMENT

 

6.1        This Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

 

7            FORCE MAJEURE

 

Neither Party will be liable to the other Party by reason of ‎any failure or delay in the performance of its obligations that is solely and necessarily caused by a Force Majeure Event.

 

8            NOTICES

 

8.1        Any notice that Buyer or Seller is required by this Agreement to serve shall be sufficiently served only if sent to the recipient at its address mentioned in delivery address, if to Seller as specified on the Website/package of the product, or such other address as is notified in writing.

 

9            GOVERNING LAW AND DISPUTE RESOLUTION

 

9.1        This Agreement shall be governed by and construed, performed, and enforced in all respects in accordance with the laws of the Australia, without giving effect to the principles of conflicts of laws or choice of law provisions thereof.