Electro Chemical Engineering Pty Ltd t/as ECEFast

Part 2: Terms and Conditions of Trade

Please ensure that you carefully read all of the Terms below. In particular, we draw your attention to the following key sections:

Clause 3: In addition to your payment of the purchase Price for the goods ordered, delivery fees may also apply (cost varies depending on type of goods, size, weight and delivery location etc).

Clause 4: All prices are subject to change. Any order accepted by ECEFast is accepted on the condition that it will be invoiced at the prices applicable at the time of order subject to any agreed escalation.

Clause 6: Interest is payable in relation to payment defaults.

Clause 12.1: You are responsible for all costs associated with delivery, including freight, insurance and other charges that arise after the goods are dispatched.

Clause 12.4: If you refuse delivery of the goods or agree to collect the goods but fail to collect them in the specified time, you are liable for storage charges where the rate of such storage charges has been disclosed in advance by ECEFast.

Clause 15: Subject to your non-excludable rights, including under the Australian Consumer Law and the New Zealand Consumer Guarantees Act 1993, as applicable, we limit our liability owed to you to the maximum extent allowed. Additionally, you agree to indemnify us, our officers and staff in relation to any claims made against us arising from your breach of the Agreement.

 

 

  1. DEFINITIONS

In these Terms:

“ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) in Australia as amended;

“Agreement” means any agreement for the provision of goods or services by ECEFast to the Buyer;

“Buyer” means the person, jointly and severally if more than one, acquiring goods or services from ECEFast;

“CGA” means the Consumer Guarantees Act in New Zealand as amended;

“consumer” is as defined in the ACL or CGA as applicable, and in determining if the Buyer is a consumer, the determination is made if Buyer is a consumer under the Agreement;

“ECEFast” means Electro Chemical Engineering Pty Ltd trading as ECEFast or Instrument Warehouse or Engineering & Thermal Supplies;

“Force Majeure Event” means an event beyond the reasonable control of a party including, without limitation, accident, acts of God, acts or threats of terrorism or war, breakdown, pandemic or epidemic, natural disaster, sustained inclement weather, import or export or travel restrictions or delays, industrial disputes, lockouts or strikes;

“goods” means equipment and parts supplied by ECEFast to the Buyer;

“GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended in Australia, and the Goods and Services Tax Act 1985 in New Zealand, as amended and as applicable;

“PPSA” means the Australian Personal Property Securities Act 2009 (Cth) or the New Zealand Personal Property Securities Act 1999 as amended and as applicable;

“services” means services supplied by ECEFast to the Buyer under an Agreement, including repair, installation, commissioning, maintenance, and testing laboratory services; and

“Terms” means these Terms and Conditions of Trade.

  1. GENERAL

Unless otherwise agreed by ECEFast in writing, all goods and services are supplied by ECEFast subject to these Terms, which supersede any earlier sets of terms and conditions appearing in catalogues or elsewhere and which shall override any terms or conditions stipulated, incorporated or referred to by the Buyer, whether in the order or in any negotiations.

The relaxation or failure to enforce any of the Terms by ECEFast on any occasion shall not be construed as a waiver of any of ECEFast ‘s rights.

Any quotation provided by ECEFast to the Buyer for the proposed supply of goods or services is:

valid for 30 days;

an invitation to treat only; and

only valid if in writing.

Any variation of these Terms must be confirmed in writing by ECEFast and will not otherwise be valid.

No order shall be deemed to have been accepted by ECEFast unless it is accepted by ECEFast in writing.

ECEFast may refuse to accept any order from the Buyer.

ECEFast may vary or amend these Terms by written notice to the Buyer at any time. Any variations or amendments will apply to quotes or orders placed after the notice date.

  1. TEST REQUIREMENTS

If ECEFast is providing testing services under an Agreement, it is the Buyer’s responsibility to supply ECEFast with its specific requirements for all tests.

ECEFast will perform all tests to the Buyer’s written requirements only and not to any Australian Standard (including the National Association of Testing Authorities (NATA)), unless expressly included in the Buyer’s requirements.

The Buyer warrants that the test specification it supplies to ECEFast and all other information supplied is correct and accurate.  The Buyer is responsible for any errors in such test specification or information, and indemnifies ECEFast in relation to any damage caused as a result of inaccurate information.

  1. PRICES

All prices quoted are indicative and subject to change. All orders are accepted by ECEFast on the condition that they will be invoiced at prices at the time of order subject to any agreed escalation. All prices will be exclusive of GST and any other taxes or duties imposed on or in relation to the goods and services except where otherwise stated.

Unless otherwise stated, prices are ex works. Where the Buyer requires freight to be prepaid, then all such expenses will be charged to the Buyer’s account at cost.

Any prices shown in published catalogues or price lists are recommended selling prices only and there is no obligation on the part of the Buyer or any reseller to maintain the same prices.

Any quotation includes only such goods and services as are specified.

Goods offered ex stock are subject to availability at the time of order and may have been sold prior.

No discounts shall apply unless confirmed in writing by ECEFast.

If the Buyer requests any variation to the Terms, ECEFast may increase the price to account for the variation.

Where there is any change in the costs incurred by ECEFast in relation to goods or services after accepting the order, the Buyer may vary its price to take account of any such change, by notifying the Buyer.

  1. PAYMENT

Terms of payment are strictly nett cash with order unless a credit account has been established with and approved by ECEFast.

Where a credit account has been established with ECEFast , payment must be made within 30 days (or such lesser time granted by ECEFast) of date of ECEFast ‘s tax invoice.

ECEFast reserves the right at its complete discretion to refuse to establish a credit account for any Buyer, to refuse credit to any Buyer notwithstanding that a credit account may already have been established and to withdraw established credit account facilities.

Payment terms may be revoked or amended at ECEFast ‘s sole discretion immediately upon giving the Buyer written notice.

The time for payment is of the essence.

  1. PAYMENT DEFAULT

If the Buyer defaults in any payment by the due date of any amount payable to ECEFast(time being of the essence), then all money which would become payable by the Buyer to ECEFast at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Buyer, and ECEFast may, without prejudice to any of its other accrued or contingent rights;

charge the Buyer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) plus 2 per cent for the period from the due date until the date of payment in full;

charge the Buyer for, and the Buyer must indemnify ECEFast from, all costs and expenses (including without limitation all legal costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Terms or to recover any goods;

cease or suspend supply of any further goods or services to the Buyer; or

by written notice to the Buyer, terminate any uncompleted contract with the Buyer.

Subject to any applicable statutory stay of proceedings, clauses 6.1(c) and 6.1(d) may also be relied upon, at ECEFast’s option:

where the Buyer is a natural person and becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally; or

where the Buyer is a corporation and, it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a liquidator, administrator, receiver or manager or similar functionary appointed in respect of its assets, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up of the Buyer.

  1. PASSING OF PROPERTY

Until ECEFast receives full payment in cleared funds for all goods and services supplied by it to the Buyer, as well as all other amounts owing to ECEFast by the Buyer:

title and property in all goods remain vested in ECEFast and do not pass to the Buyer;

the Buyer must hold the goods as fiduciary bailee and agent for ECEFast;

the Buyer must keep the goods separate from its goods and maintain ECEFast ‘s labelling and packaging;

the Buyer must hold the proceeds of sale of the goods on trust for ECEFast in a separate account however failure to do so will not affect the Buyer’s obligation to deal with the proceeds as trustee;

ECEFast may without notice, enter any premises where it suspects the goods are and remove them, notwithstanding that they may have been attached to other goods not the property of ECEFast, and for this purpose the Buyer irrevocably licences ECEFast to enter such premises and also indemnifies ECEFast from and against all costs, claims, demands or actions by any party arising from such action.

  1. PPSA for Australian Buyers

This clause 8 applies to Buyers who are acquiring goods within Australia.

Notwithstanding anything to the contrary contained in these Terms, the applicable PPSA applies to these Terms.

For the purposes of the applicable PPSA:

terms used in this clause 7 that are defined in the applicable PPSA have the same meaning as in the applicable PPSA;

these Terms are a security agreement and ECEFast has a Purchase Money Security Interest in all present and future goods supplied by ECEFast to the Buyer and the proceeds of the goods;

the security interest is a continuing interest irrespective of whether there are monies or obligations owing by the Buyer at any particular time; and

the Buyer must do whatever is necessary in order to give a valid security interest over the goods and their proceeds which is able to be registered by ECEFast on the Personal Property Securities Register.

The security interest arising under this clause 7 attaches to the goods when the goods are collected or dispatched from ECEFast ‘s premises and not at any later time.

Where permitted by the applicable PPSA, the Buyer waives any rights to receive the notifications, verifications, disclosures or other documentation specified under sections 95, 118,121(4), 130,132(3)(d),132(4), 135 and 157 of the applicable PPSA.

ECEFast and the Buyer agree to contract out of and nothing in the provisions of sections 96, 125, 129, 142 and 143 of the applicable PPSA will apply to these Terms.

To the extent permitted by the applicable PPSA. the Buyer agrees that:

the provisions of Chapter 4 of the applicable PPSA which are for the benefit of the Buyer or which place obligations on ECEFast will apply only to the extent that they are mandatory or ECEFast agrees to their application in writing; and

where ECEFast has rights in addition to those in Chapter 4 of the applicable PPSA, those rights will continue to apply.

The Buyer must immediately upon ECEFast’s request:

do all things and execute all documents necessary to give effect to the security interest created under this Agreement; and

procure from any person considered by ECEFast to be relevant to its security position such agreements and waivers (including as equivalent to those above) as ECEFast may at any time require.

ECEFast may allocate amounts received from the Buyer in any manner ECEFast determines, including in any manner required to preserve any Purchase Money Security Interest it has in goods supplied by ECEFast.

For the purposes of section 275(6) of the applicable PPSA, the parties agree and undertake that these Terms and any information pertaining to the sale of goods and details of the goods shall be kept confidential at all times.  Neither party may disclose any information pertaining to these Terms or the sale of the goods, except as otherwise required by law or that is already in the public domain.

  1. PPSA for NEW ZEALAND BUYERS

This clause 9 applies to Buyers who are acquiring goods within New Zealand.

The Buyer acknowledges that:

the transactions contemplated by the Agreement give rise to a Security Interest in the Goods as Collateral under and for the purposes of the applicable PPSA;

ECEFast has a PMSI in all present and future Goods supplied by ECEFast and the proceeds of the Goods;

ECEFast may register ECEFast’s Security Interest on the PPS Register and the Buyer consents to such registration;

ECEFast may register ECEFast’s Security Interest prior to the Attachment of ECEFast’s Security Interest to the Goods;

the Goods are not Consumer Property;

ECEFast may from time to time, whether before or after the transactions contemplated herein, grant security interests (whether by mortgage, charge or otherwise) over its rights under the Agreement;

the Security Interest is a continuing interest irrespective of whether there may be monies owing or obligations owing by the Buyer at any particular time.

The Buyer must execute documents and do further acts as ECEFast may require to register the Security Interest granted to ECEFast under the Agreement under the applicable PPSA.

Without limiting the generality of subclause 9.3 of these Terms, if ECEFast determines that the applicable PPSA applies, or will in the future apply, to an Agreement or the supply of any Goods, then the Buyer must promptly upon ECEFast’s request:

do anything (including obtaining consents, making amendments to the relevant Agreement or executing a new Agreement) for the purposes of:

  • ensuring that any Security Interest created under, or provided for by, the relevant Agreement:
    • attaches to the Collateral that is intended to be covered by that Security Interest;
    • is enforceable, perfected, maintained and otherwise effective; and
    • any Security Interest created under, or provided for by, the relevant Agreement has the priority contemplated by that Agreement; or
  • enabling ECEFast on and from the Registration Commencement Time within the meaning of the applicable PPSA in New Zealand to prepare and register a financing statement or financing change statement; or
  • enabling ECEFast to exercise any of its powers in connection with any Security Interest created under, or provided by, the relevant Agreement; and

do everything including signing all documents and giving all consents to enable ECEFast to cure any defect in Registration of ECEFast’s Security Interest and the Buyer irrevocably appoints ECEFast as the Buyer’s attorney for this purpose.

Until ownership of the Goods passes, the Buyer must not give to ECEFast a written demand or allow any other person to give th ECEFast a written demand requiring ECEFast to register a financing change statement under the applicable PPSA or enter into or allow any other person to enter into the PPS Register a financing change statement under the applicable PPSA.

Anything that ECEFast requires to be done under this clause 8 shall be done by the Buyer at its own expense. The Buyer agrees to reimburse ECEFast’s costs in connection with action taken  under or in connection with this clause 8.

The Buyer acknowledges that it has received value as at the date of first delivery of the Goods and has not agreed to postpone the time for Attachment of ECEFast’s Security Interest.

The Buyer must immediately upon ECEFast ‘s request procure from any person considered by ECEFast to be relevant to its security position such agreements and waivers (including as equivalent to those above) as ECEFast may at any time require.

ECEFast may allocate amounts received from the Buyer in any manner ECEFast determines, including in any manner required to preserve any PMSI it has in the Goods.

Without limiting any other indemnity in favour of ECEFast, the Buyer indemnifies ECEFast from and against any costs, damages, loss or liability of any kind (including legal costs on a full indemnity basis and disbursements in defending or settling the claim) however suffered or incurred by ECEFast (“Liability”) as a consequence of the Buyer’s breach of the Agreement (including these Terms). This indemnity extends to any Liability incurred by ECEFast:

arising out of or in connection with any Amendment Demand or Amendment Notice or any other legal action in relation to ECEFast’s Security Interest found by a Court not to be authorised under the applicable PPSA; and

whether a Liability arises out of statute, tort (including negligence), contract or otherwise.

The Buyer irrevocably grants to ECEFast the right to enter the Buyer’s property or premises, without notice, and without being in any way liable to the Buyer or to any third party, if ECEFast has cause to exercise any of its rights under the applicable PPSA, and the Buyer must indemnify ECEFast from any claims made by any third party as a result of such exercise.

The Buyer waives any rights to receive a copy of the verification statement under section 148 of the applicable PPSA and agrees, to the extent permitted by law, and in respect of any arrangement between the Buyer and ECEFast:

the Buyer shall have no rights under (or by reference to) section 114(1) or 133 of the applicable PPSA;

the provisions of Part 9 of the applicable PPSA which are for the benefit of the Buyer or place obligations on ECEFast shall apply only to the extent that they are mandatory or ECEFast agrees to their application; and

where ECEFast has rights in addition to those in Part 9 of the applicable PPSA, those rights shall continue to apply.

  1. RISK AND INSURANCE

The risk in the goods and all insurance responsibility for theft, damage or otherwise will pass to the Buyer immediately on the goods being delivered to the Buyer or taken from ECEFast ‘s premises.

The goods are sold to the Buyer on the basis that the Buyer has obtained all necessary licenses or permits under all relevant laws and regulations in relation to the goods.

ECEFast is not responsible for any damage to the goods which occurs during testing, assembly, commissioning and disassembly of goods, parts and accessories.  Whilst ECEFast will take all due care in providing the services, the Buyer accepts that it is possible for the parts being tested or the parts of the goods to which the tested part is directly or indirectly attached to be damaged during the process.

The Buyer assumes all risk and liability for loss, damage or injury to persons or to property of the Buyer, or third parties arising out of the use. installation or possession of any of the goods sold by ECEFast, unless recoverable from ECEFast on the failure of any statutory guarantee under the ACL or CGA as applicable that cannot be excluded or limited.

  1. PERFORMANCE OF AGREEMENT

Any period or date for delivery of goods or provision of services stated by ECEFast is an estimate only and not a contractual commitment.

ECEFast will use its reasonable endeavours to meet any estimated dates for delivery of the goods but will not be liable for any loss or damage suffered by the Buyer or any third party for failure to meet any estimated date.

The Buyer is responsible for and must indemnify ECEFast from any loss and damage suffered arising from any delay in any period or date for provision of services caused by it, including but not limited to deferred or late delivery or provision of other goods, services, consumables or items required to be provided by the Buyer, including without limitation failure to supply items such as keys, security codes, power, plumbing, IT system or connectivity to IT systems, access to premises, and any other item or information needed by ECEFast to access, deliver goods or to provide the services.

If ECEFast cannot deliver the goods or complete the services by any estimated date, it will deliver the goods or complete the services, as applicable, within a reasonable time.

Notwithstanding clause 11.4, if ECEFast is providing testing services under an Agreement to the Buyer, ECEFast will not guarantee if and when testing will be rescheduled where the Buyer is responsible for the delayed or cancelled testing.

All equipment required to perform the testing is owned by ECEFast.

The Buyer indemnifies ECEFast for all loss and damages suffered by ECEFast as a result of delayed or cancelled testing for which the Buyer is responsible, including but not limited to set up, test equipment and loss of other opportunities, except where the Buyer is a consumer and ECEFast has not used due care and skill.

  1. DELIVERY

The Buyer is responsible for all costs associated with delivery, including freight, insurance and other charges arising from the point of dispatch of the goods to the Buyer to the point of delivery.

ECEFast may make part delivery of goods or provision of services and ECEFast may invoice the Buyer for the goods or services provided.

The Buyer indemnifies ECEFast against any loss or damage suffered by the Buyer, its sub-contractors or employees as a result of delivery, except where the Buyer is a consumer and ECEFast has not used due care and skill.

If delivery is attempted and is unable to be completed, the Buyer is deemed to have taken delivery of the goods. The Buyer is liable for storage charges payable monthly on demand, where the rate of such storage charges has been disclosed in advance by ECEFast.

If agreed that the Buyer will collect the goods:

the Buyer must collect the goods within 7 days of being advised they are ready;

if the Buyer does not collect the goods within 7 days, the Buyer is deemed to have taken delivery of the goods and is liable for storage charges payable monthly on demand where the rate of such storage charges has been disclosed in advance by ECEFast.

Non-delivery within 7 days of the date of dispatch must be reported immediately in writing to ECEFast.

  1. INSPECTION

When the Buyer examines the goods before delivery is effected, the Buyer will be deemed to have completed inspection and no further inspection on arrival is available, other than to notify ECEFast of any loss or damage in transit if ECEFast arranges transport.

When the goods are delivered to the Buyer without any previous examination, the Buyer shall inspect the goods immediately on arrival and shall within 7 days of such inspection give written notice to ECEFast, of any matter or thing, by reason of which he may allege that the goods are not in accordance with the Terms and the order. If the Buyer shall fail to give such notice, the goods shall be deemed to be in all respects in accordance with the Terms and the order and the Buyer shall be bound to accept and pay for them accordingly. Goods shall not be returned without authority from ECEFast.

  1. WARRANTY

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Subject to the exclusions and limitations set out below, all goods which are ECEFast ‘s own or ECEFast’s principals manufacture are guaranteed against faulty workmanship, materials or design for a period of twelve (12) months (Warranty) from the date of dispatch (Warranty Period).

If a defect covered by this Warranty appears in the goods before the end of the Warranty Period and ECEFast finds the goods to be defective in materials or workmanship, ECEFast will either replace or repair the goods or the defective part of the goods free of charge.

ECEFast reserves the right to replace defective parts of the goods with parts and components of similar quality, grade and composition where an identical part or component is not available.

Goods presented for repair may be replaced by refurbished goods of the same time rather than being repaired. Refurbished parts may be used to repair the goods.

If a fault covered by Warranty occurs, the Buyer must first contact ECEFast at the address listed in these Terms.

Any Warranty claim must be accompanied by proof of purchase, and full details of the alleged defect.

Prior to accepting any Warranty claim, ECEFast is permitted to inspect the defect.

The Buyer must bear the cost of the defective parts being returned into ECEFast’s store.

Any repairs will be covered by a 60 day warranty covering only the parts replaced. Failure of other parts which affect functionality will not be covered.

Any unauthorised repairs or alterations to the equipment shall invalidate the Warranty. In the case of goods not of the manufacture of ECEFast or its principals, ECEFast undertakes that it will, if requested in writing by the Buyer, make all reasonable endeavour in assisting the Buyer in obtaining 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, except as may otherwise be provided for by law.

The benefits of this Warranty are in addition to any rights and remedies imposed by the applicable legislation that cannot be excluded. Nothing in this Warranty is to be interpreted as excluding, restricting or modifying any applicable legislation applicable to the supply of goods and services which cannot be excluded, restricted or modified.

  1. LIABILITY

Except as the Terms specifically state, or as contained in any express warranty provided in relation to the goods or services, the Agreement does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.

If the Buyer is located in Australia:

and is a consumer, nothing in these Terms restricts, limits or modifies the Buyer’s rights or remedies against ECEFast for failure of a statutory guarantee under the ACL;

To the maximum extent permitted at law, if the Buyer on-supplies the goods to a consumer and:

  • the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A(1) of the ACL is the absolute limit of ECEFast’s liability to the Buyer,
  • the goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption, payment of any amount required under section 274 of the ACL is the absolute limit of ECEFast ‘s liability to the Buyer;

howsoever arising under or in connection with the sale, installation, use of, storage or any other dealings with the goods or services by the Buyer or any third party.

If clauses 15.2(a), 15.2(b)(i) or 15.2(b)(ii)  do not apply, then to the maximum extent permitted at law and other than as stated in the Terms or any written warranty statement, ECEFast is not liable to the Buyer in any way arising under or in connection with the sale, installation, use of, storage or any other dealings with the goods or services by the Buyer or any third party.

Where the Buyer is located in New Zealand, the Customer accepts that the goods and services supplied to the Customer by the Supplier under the Agreement are for the purpose of a business and that to the maximum extent permitted at law the CGA does not apply.

ECEFast is not liable for any indirect or consequential losses or expenses suffered by the Buyer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL or CGA (as applicable) that cannot be excluded or limited.

The Buyer acknowledges that:

it has not relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance provided by ECEFast in relation to the goods or services or their use or application.

it has not made known, either expressly or by implication, to the Buyer any purpose for which it requires the goods or services and it has the sole responsibility of satisfying itself that the goods or services are suitable for the use of the Buyer.

Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any  legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.

 

  1. INTELLECTUAL PROPERTY

The Buyer acknowledges that it has no proprietary right or interest in any intellectual property created or owned by ECEFast in the design, creation or manufacture of existing or new equipment necessary for the provision of the services.  The Buyer must not at any time create, sell, manufacture or process any goods using or taking advantage of ECEFast’s intellectual property.

The Buyer warrants that where it provides intellectual property for use by ECEFast in providing the services, it is legally entitled to do so and in using the intellectual property provided by the Buyer, ECEFast will not infringe any other rights.

The Buyer indemnifies and agrees to keep indemnified ECEFast against all liability, losses or expenses incurred by ECEFast in relation to, or in any way directly or indirectly connected with, any breach of intellectual property rights in relation to an intellectual property provided by the Buyer.

The Buyer may require the goods be kept and the services provided in a confidential environment.  If requested by the Buyer, ECEFast will at all times use its best endeavours to maintain the privacy and confidentiality of the Buyer and the goods, although this cannot be guaranteed completely.

  1. SPECIAL CONDITIONS

Electrochemical sensors e.g. pH electrodes will be 100% tested before dispatch and will only subsequently, be replaced if they, contain visible physical defects, or statistic life data is supplied with full details of the application. Pressure transducers will be replaced only if it is dearly shown to fail due to a defect of manufacture. No warranty will be applicable to units subject to overpressure demonstrated by open circuit bridge, plastic deformation of the sensor or excessive zero shift.

Temperature sensors warranty is 90 days limited, due to the unpredictable conditions of usage.

  1. CREDITS

No goods will be accepted for return unless permission is given by ECEFast in writing.

No goods purchased as a “special” (specially ordered [eg “indent’’] or modified away from standard) can be returned unless permission is given by ECEFast in writing.

A return will be accepted only if:

The goods are in an unsoiled, undamaged and re-saleable condition in their original package.

Request is made in writing within 7 days of delivery accompanied by a copy of the original delivery docket stating ECEFast’s  original invoice number and stating the reason for return.

All charges for freight and handling are to the Buyer’s account.

If the Buyer is a consumer, nothing in this clause 18limits any remedy available for a failure of the guarantees in the ACL or CGA (as applicable).

 

 

  1. CANCELLATION

If ECEFast is unable to deliver or provide the goods or services, then it may cancel the Buyer’s order (even if it has been accepted) by written notice to the Buyer.

No purported cancellation or suspension of an order or any part of it by the Buyer is binding on ECEFast once the order has been accepted.

Notwithstanding clause 19.2, if ECEFast accepts the Buyer’s purported cancellation, ECEFast reserves the right to charge the Buyer for any and all unrecoverable costs of any kind whatsoever incurred by ECEFast in relation to the goods or services the subject of the Buyer’s cancellation.

  1. FORCE MAJEURE

Subject to clause 20.2, neither ECEFast nor the Buyer is liable in any way howsoever arising under the Agreement to the extent it is prevented from acting by a Force Majeure Event.

Nothing in this Clause 20 operates to excuse the Buyer from any obligation to pay money to ECEFast.

If a party is prevented from acting by a Force Majeure Event, that party must:

promptly notify the other party of the existence and expected duration of the Force Majeure Event;

take all reasonable steps to alleviate or remedy the effect of the Force Majeure Event; and

subject to clause (a), resume performance of the obligation prevented by the Force Majeure Event as soon as practicable after the Force Majeure Event ceases.

If a Force Majeure Event prevents performance of an obligation beyond 60 days, either party may suspend or terminate the Agreement by written notice without liability or penalty of any kind other than as set out in these Terms.

  1. MISCELLANEOUS

The law of Victoria, Australia from time to time governs the Terms. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.

ECEFast’s failure to enforce any of these Terms shall not be construed as a waiver of any of the Buyer’s rights.

If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms, without affecting the enforceability of the remaining terms.

A notice must be in writing and handed personally or sent by email, facsimile or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.

 

Head Office

Melbourne

26 Business Park Drive

Notting Hill VIC 3168

Ph: 1800 811 818

Fax: 03 9538 8198

Sydney

Unit G12 – 25 Solent Circuit,

Baulkham Hills NSW 2153

Ph: 02 8805 7500

Fax: 02 8805 7599

Brisbane

3/505 Lytton Road

Morningside QLD 4170

Ph: 07 3395 8888

Fax: 07 3395 8988