TERMS AND CONDITIONS OF SALE
3. OFFER AND ACCEPTANCE
(a) Any date quoted for delivery is an estimate only and unless a guarantee shall have been given by the Company in writing providing for liquidated damages for failure to deliver by the quoted date the Company shall not be liable to the Purchaser for any loss damage howsoever arising for failure to deliver on before the quoted date. The Purchaser shall accept and pay for goods if and when tendered notwithstanding any failure by the Company to deliver by the quoted date.
(b) The Company reserves the right to deliver by installments. If delivery is made by installments the Purchaser shall not be entitled (i) to terminate or cancel the contract; or (ii) to any loss damage howsoever arising for failure by the Company to deliver any installment on or before the quoted date.
5. QUANTITY DELIVERED
7. DESCRIPTION AND SPECIFICATIONS
(a) Whilst every effort is made to ensure their accuracy the descriptions, illustrations and material contained in any catalogue, price list, brochure, leaflet of other descriptive matter provided by or on behalf of the Company represent the general nature of the items described therein and shall not form a part of any order or agreement or amount to any representation or warranty. The Company reserves the right to modify the design of goods without notice.
(b) The Purchaser warrants that any goods manufactured, constructed or supplied by the Company which are based in whole or in part upon designed drawings or specifications supplied to the Company by or on behalf of the Purchaser shall not infringe any letters patent or registered designs. The Purchaser shall indemnify and keep indemnified the Company its servants and agents against any action, loss, cost, claim or damage that may be brought against or suffered by the Company its servants or agents for any breach of this warranty.
(c) The Company does not warrant or guarantee and it shall be a term of any agreement between the Company and the Purchaser that any goods manufactured, constructed or supplied by the Company which are based in whole or in part upon any designs, drawings or specifications supplied to the Company by or on behalf of the Purchaser will achieve any standard or performance or any capacity whatsoever.
10. GUARANTEE AND WARRANTY
(a) Except when the Purchaser is an consumer for the purposes of the Trade Practices Act, 1974, and the conditions, warranties and rights implied by the Statute cannot be excluded, representations, promises, statements, warranties and conditions (whether statutory express or implied) regarding any goods or services supplied by or on behalf of the company which without limiting the generality of the foregoing shall include conditions or warranties as to quality or fitness for any particular purposes are expressly excluded. The Company shall not be liable for any loss or damage whatsoever and however arising whether direct, indirect or consequential or in respect of any claim whenever and however made for any loss, damage, deterioration, deficiency or other fault or harm in the goods manufactured, work executed or services provided by or on behalf of or in any arrangement with the Company or occasioned to the Purchaser or any third or other party or to his or their property or interest and whether or not due to the negligence of the Company its servants or agents except in the following circumstances and subject to the following limitations. (i) The purchaser shall inspect the goods immediately on their arrival and shall, within seven (7) days from such arrival, give written notice to the Company of any matter or thing by reason where of the Purchaser may allege that the goods are not in accordance with the contract. (ii) The Company’s liability shall be limited in all circumstances to the repair or replacement (at the option of the Company) of any goods manufactured by it which are with the prior written authority of the Company, returned adequately packed and freight paid to the Company within the company’s guarantee period covering the goods as indicated in Clause 10(i) above and which the Company accepts as having been defective in materials or workmanship.
(b) the company shall not be liable in any circumstances for any (i) Defects of damage caused in whole or in part by misuse, abuse, neglect, electrical or other overload, unsuitable lubricant, improper installation, repair, alteration or accident: (ii) Transport, installation, removal, labour or other cost. (iii) goods not manufactured by it but the Company will endeavour to pass on to the Purchaser the benefit any claim made by the company and accepted by the manufacturer of such goods under a warranty given by that manufacturer. (iv) Technical advice or assistance given or tendered by it to the Purchaser whether or not in connection with the manufacture construction or supply of goods for or to the Purchaser.