Aerospace Materials Pty Ltd - Standard Terms and Conditions

• The sale of any items covered by this invoice is conditioned upon the terms and conditions contained herein. Any additional or different terms or conditions proposed by buyer are objected to by seller without need of further notice of objection. Buyer shall be deemed to have assented to all terms and conditions herein if any delivered by seller.
• Prices are subject to change by seller without notice unless a written quotation has been given and the goods ordered within the quotation validity period. If no validity period is nominated on a quotation, it will be deemed to have a validity period of 30 days. Should buyer not accept delivery. Buyer shall pay to seller all costs incurred by seller up to that point, including but not limited to any costs of materials and special handling costs, plus an amount equal to what would have been sellers profit on the order.
• Payment in full shall be made within (30) days of invoice date. If any payment due hereunder is more than (30) days in arrears. Buyer shall pay to seller one and one half (11/2%) per month on such cash payment due at the sellers option
• Transportation charges shall be made based upon the terms indicated on the invoice. Delivery of goods to buyers carrier, freight forwarder, airline or vessel shall constitute delivery to buyer and all risk of damage in transit shall be borne by buyer. Title to the item shall pass to the buyer upon delivery of such item at the f.o.b point.
• Seller’s prices do not include GST unless specified. Consequently, in addition to the price, the GST shall be paid by the buyer as part of the said price.
• Except for the description of items set forth on the face hereof, SELLER MAKES NO WARRANTIES OF ANY KIND OTHER THAN THOSE MADE BY THE MANUFACTURER OF THE GOODS SUPPLIED AND EXCLUDES ALL OTHER WARRANTIES EXPRESS OR IMPLIED OTHER THAN THOSE REQUIRED BY LAW. AT NO TIME SHALL THE WARRANTY EXCEED THE REPLACEMENT COST OF THE GOODS SUPPLIED. No warranty claim will be considered on time expired goods or goods not stored in accordance with the manufacturers specifications.
• Buyer agrees that the sole and exclusive remedy for any claims arising out of the foregoing warranty including any claims based on the alleged negligence of seller, its officers agents employees or dealers shall be limited to repayment of the purchase price or the replacement at sellers option. In no event whether as a result of breach of contract, performance or breach or from the items exceed the price of the specific item which gives rise to the claim.
• This contract has been made in and its validity, interpretation, construction and performance shall be governed by and be in accordance with the laws of the state of Victoria. Buyer hereby waives trial by jury in any action or proceeding in connection with this contract.
• Should enforcement of any provision of this contract be sought by seller (including but no limited to collection of any sum due by Buyer to Seller), seller shall be entitled to be reimbursed by buyer for all reasonable costs and expenses of such enforcement, including but not limited to reasonable attorney’s fees and disbursements.
• Seller’s remedies specifically provided for herein are intended to be cumulative and shall not be deemed to exclude any other right or remedy that Seller may have at law or in equity.
• Any communication required or permitted to be given in writing shall be delivered by the mail postage prepaid or by facsimile an addressed to the addresses on the face hereof.
• No claim shall be made and no action regardless of form or basis, arising hereunder may be brought by buyer more than thirty (30) days after delivery of an item.
• This contract shall be binding upon the inure to the heirs legal representatives successors and assigns of each party hereto.
• The failure of seller to insist in any one instance or more upon strict performance of any of the terms and conditions hereof, or to exercise any right or privilege herein conferred shall not be constructed as a waiver of such terms, conditions rights or privileges but same shall continue to remain in full force effect. Any waiver by Seller of any violation of breach of or default under any provision of this contract by the buyer shall not be construed, or constitute, a continuing waiver of such provision or waiver of any other violation of breach of or default under any other provision of this contract.
• This contract constitutes the entire and only agreement between the parties respecting the subject matter hereof, and any prior agreements, representation, affirmations of fact, courses of prior dealings promises of conditions in connection therewith or usages of the trade not incorporated herein shall not be binding on either party