Terms and Conditions CDC Laser
1 Return Policy CDC Laser has the right to refuse to accept return of goods for “change of mind”. In instances where CDC Laser agrees to accept goods back, there will be a 15% restock fee payable of the total complete purchase, by the customer. In cases where goods are not regular stock or have been cut, manipulated in any way, or a specialty purchased by CDC Laser or its associated companies no returns will be accepted.
2. Liability The Customer waives any claims, demands, causes of action or recoveries for punitive, exemplary, indirect or consequential damages arising under this Agreement, or otherwise with respect to the sale of goods or services, and completely indemnifies the Company, without limitation, for any lost revenues or profits, consequential or incidental damages, injury to persons or property, business interruption or damage to business reputation, including any tort or statutory causes of action, in relation to the supply to it by the Company of any goods and services, including any liquor related products, which the Company may supply to the customer.
3.CDC Laser shall not be liable for any loss or damage whatsoever and howsoever arising whether direct indirect or consequential or in respect of any claim whenever and however made for any loss or 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 CDC Laser 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 CDC Laser its servants or agents.
3..2 As soon as any of the facts or matters which form any part of any claim or complaint whatsoever become known to the purchaser, the purchaser shall within fourteen days notify CDC Laser in writing of the same.
3..3 CDC Laser shall not be liable in any circumstances for any;
(i) defects or damages caused in while or in part by misuse, abuse, neglect, electrical or other overload, non suitable lubricant, improper installation repair or accident.
(ii) any transport freight charges installation removal labour or other costs;
(iii) defects in goods we will endeavor to pass on to the purchaser the benefit of any claim made by CDC Laser and accepted by the manufacturer of such goods under a warranty given by the manufacturer of such goods provided that nothing contained in this subparagraph shall limit the rights of the purchaser to proceed against CDC Laser pursuant to the Trade Practices Act 1974.
(iv) technical advice or assistance given or rendered by it to the purchaser or not in connection with the manufacture construction or supply of goods for or to the purchaser provided always that CDC Laser has rendered such services with due care and skill and that any material supplied in connection with those services are reasonably fit for the purpose for which they are supplied.
3.4 The exemptions, limitations, terms and conditions in these terms and conditions shall apply whether or not the loss or damage is caused by negligence or actions constituting fundamental breach of contract.
4 Force Majeure
If by reason of any fact, circumstance, matter or thing beyond the reasonable control of CDC Laser is unable to perform in whole or in part any obligation under this agreement CDC Laser shall be relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform and shall not be liable to the purchaser in respect of such inability
Unless otherwise inconsistent with the context the word "person" shall also mean corporation;
6.1 Any date quoted for delivery is an estimate only and unless a guarantee shall have been given by CDC Laser in writing. The purchaser shall accept and pay for goods if and when tendered notwithstanding any failure by CDC Laser to deliver by the quoted date. Written advice to the purchaser that goods are ready for delivery whether in whole or in part shall constitute tendering and the terms of payment shall apply.
6.2 CDC Laser shall not be liable to any purchaser or any other party for any loss or damage including direct or indirect or consequential injury loss or damage whatsoever by reason of any delay in delivery whether the same is due to the negligence of CDC Laser or actions constituting fundamental breach of contract or any other party, strike or any other industrial action, or any other cause whatsoever.
6.3 CDC Laser reserves the right to deliver by instalments and if delivery is made by instalments the purchaser shall not be entitled to terminate or cancel the contract.
6.4 Any quotation containing a provision to supply goods "ex stock" is subject to fulfilment of prior orders at the date of receipt of the purchaser's order.
7.1 Unless otherwise agreed in writing payment terms prior to commencement of a custom cut job
7.2 This term as to the payment shall be of the essence of the contract.
8 Default Upon the occurrence of default by the purchaser in compliance with the terms or any other agreement with CDC Laser herein;
8.1 CDC Laser may at its discretion withhold further supplies of goods or cancel this agreement, or vary the terms of this agreement without prejudice to its rights hereunder PROVIDED HOWEVER that CDC Laser may at any time and from time to time upon such terms as it may determine waive any of its rights under this Clause, but without prejudice to its rights thereafter of any of the events hereinbefore referred to or upon the continuation after any such waiver of any state of affairs the subject of such waiver.
8.2 The purchaser shall pay to CDC Laser interest at the rate of 1.5% per month on daily balances in respect of any amounts as may from time to time be overdue until paid and such money together with all interest shall be recoverable forthwith from the purchaser.
8.3 Without prejudice to any other right or remedy the purchaser shall indemnify CDC Laser against any costs' fees charges and disbursements charged by any solicitor engaged for the purpose of the collection or recovery of moneys due and payable by the purchaser to CDC Laser on an indemnity basis and any fees, charges, disbursements or commissions charged by any mercantile agency or debt collecting firm.
8.4 The purchaser shall pay to CDC Laser an administration fee of $50.00 on the occurrence of every event of default.
The Purchaser hereby charges with payment of any indebtedness to CDC Laser all beneficial interest (freehold and leasehold) in land and personal property held now or in the future by the Purchaser. The Purchaser agrees that if demand is made by CDC Laser, the Purchaser receiving such a demand will immediately execute a mortgage or other instrument of security, or consent to a caveat, as required, and against the event that the Purchaser fails to do so within a reasonable time of being so requested, the Purchaser hereby irrevocably and by way of security, appoints any credit manager or solicitor engaged by CDC Laser to be its true and lawful attorney to execute and register such instruments. Notwithstanding any other provision in this clause, CDC Laser may lodge a caveat on any property of the Purchaser whenever it so wishes.
The Purchaser must pay to CDC Laser any amount which is payable by CDC Laser in respect of any supply to the Purchaser on account of GST. Each charge or fee for a supply rendered by CDC Laser does not include an amount to cover the liability of CDC Laser for GST on any supplies made under this agreement which are taxable supplies within the meaning of the GST Act. In relation to taxable supplies made under this agreement CDC Laser agrees to issue the Purchaser with a tax invoice in accordance with the GST Act or a document satisfying the minimum information requirement set out in GSTR 2000/2003 to entitle a recipient of a taxable supply to claim an input tax credit without holding a tax invoice. “GST” means GST as defined in a New Tax System (Good and Services Tax Act 1999). “Supply” means supply as defined in a New Tax System (Goods and Services Tax Act 1999).