Conditions of sale
All goods ("goods") sold by Microsurfaces Pty Ltd ("Microsurfaces") to its customer ("the customer"), whether pursuant to an accepted quotation or an accepted order or otherwise ("contract"), are sold under the following conditions.General
These terms and conditions shall without further notice apply to all future transactions between Microsurfaces and the customer in relation to the sale and purchase of goods, whether or not this document is delivered or executed in the course of the transaction.
For the avoidance of doubt, none of the terms and conditions contained in any document by or on behalf of the customer (including without limiting those included in any purchase order or like document from the customer) shall apply to or form part of the contract (in relation to the sale or purchase of goods), except and to the extent otherwise agreed in writing by Microsurfaces.
All purchase orders supplied by the customer are subject to acceptance by Microsurfaces.
No variation of these terms and conditions shall be effective unless it is evidenced in writing signed on behalf of Microsurfaces.Payment
Unless otherwise agreed by the parties in writing, payment shall be made within 30 days from the invoice date. Electronic funds transfer (EFT) is the prefered payment option.
All prices listed on the website are in Australian currency and, unless expressly stated otherwise, all prices listed on quotations are in Australian currency. Goods and Services Tax (GST) will be charged on those products that attract GST at the applicable rate.
If the customer fails to pay for any part of the goods in accordance with the conditions of sale, Microsurfaces may refuse to deliver any balance of goods or refuse to perform any services to which the customer might otherwise be entitled, until payment is made in full.Delivery
Any time or date named and accepted by Microsurfaces for delivery, dispatch, shipment or arrival of the goods is an estimate only and does not constitute a condition of contract of sale.
Unless otherwise stated in writing Microsurfaces may make partial deliveries or deliveries by installments in any amount it may determine and each such partial delivery or delivery by installments shall be deemed to be a separate contract and these conditions shall apply to each partial delivery or delivery by installments.
The customer shall notify Microsurfaces within 7 days of delivery of any short fall or loss or damage to the goods delivered. Failure to notify shall disentitle the customer to any remedy in respect to shortage, loss or damage.Risk and title
Risk of loss or damage to the goods shall pass to the customer upon delivery or deemed delivery.
Property and title in the goods supplied by Microsurfaces to the customer will not pass to the customer until such time as the goods, subject to the contract, have been paid for in full.Warranties
The warranty for any goods supplied by Microsurfaces will be 6 months from the date of delivery, except for any warranty otherwise expressly agreed in writing by Microsurfaces to be part of the contract.
To the extent permitted by law, Microsurfaces will have no liability to the customer, however arising and under any cause of action or theory of liability, in respect of special, indirect or consequential damages, loss of profit (whether direct or indirect) or loss of business opportunity arising out of or in connection with the supply of goods.
To the full extent permitted by law, Microsurfaces liability for breach of an implied warranty or condition will be limited to the replacement of goods or the purchase price of any products you purchased from Microsurfaces in the relevant transaction.
The customer must indemnify Microsurfaces against all costs, claims, demands, expenses and other liabilities which made be made against the customer or which the customer may sustain, pay or incur as a result of or in connection with the use of the goods supplied by Microsurfaces, unless such costs, claims, demands, expenses or other liabilities shall be directly and solely attributable to any breach of contract or guarantee, or negligence of Microsurfaces.Proper law and jurisdiction
If any of these conditions of any part thereof shall be illegal, void or uneforceable, it shall be read down or severed to the extent necessary so that it ceases to be illegal, void or uneforceable.
All contracts between Microsurfaces and the customer shall be governed by and construed in accordance with the laws of Victoria, Australia. The customer agrees to submit to the non-exclusive jurisdiction of Victoria and courts of appeal therefrom for all purposes of or in connection with such contracts.