1. Validity of quotations
All quotations are valid for a period of 30 days from the date shown on the quotation, unless otherwise specified in writing by EWB.
Every endeavour will be made to maintain pricing. However, owing to the numerous variables beyond EWB’s control, prices are subject to change without notice.
In the event that the prevailing exchange rate between the currency of the country of origin and the currency quoted has fluctuated from the time the quotation is rendered to the time of payment is received from the Customer, EWB reserves the right in its sole discretion to adjust any prices quoted herein and the customer agrees to meet the revised price.
For this purpose, the prevailing exchange rate at the time of the quotation shall be the rate specified, (at the time payment is received) to be that issued by the Commonwealth Bank of Australia for a spot transaction on that day.
2. Payment
All Products shall be paid for on or before delivery or if EWB and the Customer agree on and maintain a credit arrangement, by the terms and conditions of the arrangement.
Where prepayment for goods is applicable, payment must be received by EWB prior to materials being ordered or placed into production.
Property of the Products shall remain with EWB and shall only pass to the Customer upon the payment of the purchase price in full.
All prices quoted are in Australian dollars, unless otherwise specified.
3. Cancellation
Orders may be cancelled or rescheduled.
Costs associated with any cancellation are payable by the Customer for works which have already been manufactured or ordered prior to cancellation of order.
4. Limitation of liability
In no event shall EWB be liable to the Customer for incidental or consequential damages (including loss of profits) of any nature arising out of or related to the supply, design, manufacture, installation or service or the performance or use of any Products.
In the event that EWB is liable for a breach of warranty or condition implied by law and not capable of exclusion by agreement, EWB’s liability shall be limited to the minimum level possible under that law.
5. Validity
These Terms and Conditions of Sale shall apply to the sale and purchase of the quoted Products except where modified herein by EWB or except where EWB and the Customer are parties to a current written agreement which governs the sale and purchase, in which latter case the provisions of the said Agreement shall prevail.
6. Acceptance of order
An offer made by the Customer shall not be binding on EWB until accepted in writing by EWB.
7. Delivery
Deliveries will be made to the address nominated by the Customer. If the Customer requests delivery of the goods to a third party, the third party must accept the goods for and on behalf of the Customer. Unless specifically requested, all deliveries within Australian will be made by a carrier nominated by EWB. If an alternative freight company is nominated by the Customer then the Customer will cover the expense of this option.
The Customer acknowledges that the capacity of EWB to deliver products is subject to external factors, persons and entities beyond the control of EWB. The delivery times advised to the Customer are estimates only and EWB will not be liable for late delivery or non-delivery by a carrier. Under no circumstances shall EWB be liable for any loss, damage or delay suffered by the Customer arising from late or non-delivery of goods.
The Customer shall, at their own expense, provide all necessary labour and equipment (including forklift if required), to offload goods on arrival at the nominated place of delivery. If at the nominated delivery point the Customer is unable to take delivery or offload the goods for whatever reason, the Customer will be liable for all additional freight costs associated with a second or subsequent delivery attempts.
8. Warranty
EWB warrants products under normal use and service will be free from defects in materials and workmanship for the period of warranty provided for each product described from the date of shipment to the Customer.
EWB will, without charge to the Customer, promptly repair or replace, at its option, any products which are determined to be defective within this warranty (excluding expendables) and which are returned to EWB provided:
- (1) The Customer shall have notified EWB of any alleged defect within the warranty period.
- (2) The product has not been damaged, subject to misuse, altered or repaired or improperly maintained by the Customer or others in a manner which EWB reasonably determines to have adversely affected performance or reliability.
EWB’s liability hereunder is limited to the repair or replacement of the defective product and does not include any labour related to the subsequent installation thereof.
The above warranties extend solely to Customer and all warranty claims must be generated by the original Customer Repair or replacement of component parts shall not extend nor decrease the Equipment warranty.
With the exception of the warranty period, repairs are warranted for 30 days, new products terms and conditions apply.
Product warranties are subject to the specific supplier’s warranty clause. EWB cannot be liable for supplier warranties and Customers will need to initiate enquires to the supplier directly for any warranty claim.
THE WARRANTIES CONTAINED IN THIS CLAUSE ARE IN LIEU OF ALL OTHER WARRANTIES (OTHER THAN NON-INFRINGEMENT AS HEREINAFTER PROVIDED) EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.
9. Claims and authorised returns
The Customer must notify EWB in writing if the products are defective in whole or in part within 7-days after the date of delivery.
Customers shall not return any EWB Product for credit, exchange or otherwise without the prior issuance by EWB of an EWB Return Authorisation.
10. Severability
If any of the Terms and Conditions hereof shall to any extent be invalid or unenforceable, the remainder of these the Terms and Conditions, or the application of such the terms and provisions to persons or circumstances other than those as to which it is held unenforceable shall not be affected thereby.