Terms & Conditions
STANDARD CONDITIONS OF SALE
1. GENERAL These Conditions of Sale shall apply and shall be deemed incorporated into any quotation for goods or services, any order for goods or services placed by a purchaser notwithstanding any inconsistencies which may be introduced in the purchaser’s order or acceptance which shall be deemed amended to accord with these conditions unless expressly agreed in writing by Fluid Dynamics Pty Ltd (“Fluid Dynamics”).
2. PRICE VARIATION Each of Fluid Dynamic’s quotations is based on the information provided and/or given at the time of such quotation, the then current labour rates which are applicable at that time, international monetary exchange rates; and costs of bought-in items. Any variation to the information, labour rates, exchange rates or costs will result in the quotation being subject to review and, if applicable, variation to the purchaser’s account.
3. ORDER ACCEPTANCE All Fluid Dynamic’s quotations may be withdrawn without any notice and any order given in respect of a quotation is not binding on Fluid Dynamics until accepted by Fluid Dynamics in writing.
4. CANCELLATION Any order placed by a purchaser may be cancelled by the purchaser only with the written consent of Fluid Dynamics and upon payment of all reasonable cancellation charges.
5. PAYMENT Unless otherwise stated, payment shall be made in full for all goods supplied within 30 days of invoice provided always that Fluid Dynamics reserves the right to vary the terms of payment or require payment in full prior to delivery if, in the opinion of Fluid Dynamics, the purchaser’s creditworthiness becomes unsatisfactory. Interest will be charged on any outstanding sums due at the rate provided for by the Penalty Interest Rates Act 1983 (Vic) plus 2% compounded daily from the date of the invoice until payment in full of the overdue account.
6. PROPERTY Property in any goods shall not pass from Fluid Dynamics to the purchaser until the purchaser has made payment in full of all monies outstanding by the purchaser to Fluid Dynamics. The risk of loss or of damage to the goods shall pass to the purchaser on despatch.
7. GOODS HELD Goods manufactured to order, and then held by Fluid Dynamic’s at the purchaser’s request pending delivery instructions, shall be invoiced on the date of completion of the goods and due for payment in accordance with these conditions and shall be subject to storage charges at standard commercial storage rates.
8. DELIVERY A charge over all goods shall be made for frustrated delivery to cover Fluid Dynamics’ costs and expenses arising from or in connection with attempts to deliver. A carrier’s signed docket shall be conclusive evidence of delivery.
9. PERFORMANCE Details given for performance, specified weights, measurements, power capacities and other particulars of goods (“performance particulars”) are provided in good faith. Fluid Dynamics shall not be liable to the purchaser or any other person in any way for any failure of any goods sold or manufactured to comply with any performance particular unless Fluid Dynamics specifically and expressly guarantees in writing that such goods shall comply with the performance particulars within certain specified margins and the goods fail to meet the performance particulars within those specified margins provided always that Fluid Dynamics shall be first given all reasonable opportunities and time to remedy any alleged failure to comply with the relevant performance particulars and shall have no other liability if it so remedies that failure.
10. PURCHASER RESPONSIBILITY The purchaser is responsible to and acknowledges and agrees that Fluid Dynamics shall have no responsibility or liability to ensure that the designs and specifications for goods or services submitted by the purchaser to Fluid Dynamics are correct and accurate; or satisfy itself that any products made to these designs and specifications will meet the purchaser’s requirements or are fit for the purpose for which they are intended.
11. INDIRECT LOSS Fluid Dynamics shall not be liable in any way for any indirect, consequential, special, punitive, exemplary or incidental loss or damage of any kind howsoever arising whether in contract, tort or otherwise from the use of any good or designs supplied by or on behalf of Fluid Dynamics and the Purchaser agrees to indemnify and keep indemnified Fluid Dynamics against any and all action, loss or damage or liability of any kind that may be brought against, suffered or incurred by Fluid Dynamics arising from or in connection with such goods or design.
12. MANUFACTURE All goods are designed and manufactured to standard commercial manufacturing specifications and procedures. Any variation from these standards will be strictly in accordance with the quotation. Fluid Dynamics shall not be bound by any variation from standard manufacturing specifications and procedures unless the said variation is first agreed to in writing. Fluid Dynamics reserve the right to alter any specification without prior referral to the purchaser.
13. APPLICABLE LAW Any dispute howsoever arising out of any goods or services supplied by Fluid Dynamics shall in all respects be governed by and construed in accordance with the laws of the State of Victoria Australia and the purchaser submits to the jurisdiction of the courts of that State or in a Federal Court sitting in Melbourne, Victoria Australia.
14. WAIVER A single or partial exercise or waiver of a right relating to these Conditions of Sale will not prevent any other exercise of that right or the exercise of any other right. Fluid Dynamics will not be liable for any loss, cost or expense of any other party caused or contributed to by any waiver, exercise, attempted exercise or failure to exercise, or any delay in the exercise of, a right.
15. REPRESENTATIONS AND IMPLIED TERMS – The purchaser acknowledges that neither Fluid Dynamics nor any person acting or purporting to act on its behalf has made any representation, warranty or statement other than those embodied in these Conditions of Sale or expressly provided in writing in any quotation. To the extent permitted by law, any condition or warranty (including, without limitation, any implied warranty of merchantability, satisfactory quality or fitness for a particular purpose) which would otherwise be implied in any contract between Fluid Dynamics and the purchaser is hereby excluded.
WARRANTY
17 NEW PRODUCTS This warranty is strictly limited to the benefit of the person named on the invoice and only to new products manufactured or supplied by Fluid Dynamics and only against defects in materials and workmanship for a period of one (1) year from the date of invoice. To the extent permitted by law, this warranty is in lieu of any and all other warranties, either expressed or implied, and no other warranties are provided. Fluid Dynamics shall have no liability to any person in respect of any products other than to the original purchaser of the subject product including but not limited to any executor, administrator, successor or assign of the original purchaser.
18 LIMITATION This warranty shall not apply to any products that are not new or have been repaired by Fluid Dynamic or have become defective other than during normal use and service, been subjected to impact, abuse, misuse, incorrect mounting or installation, become corroded to any degree, been altered or repaired by any person other than by Fluid Dynamics or its authorized representative (any unauthorized alterations or repairs shall automatically void any warranty) nor shall it apply to any costs incurred by the purchaser by reason of the removal, shipment or re-installation of any product, any item provided by way of exchange or to any other losses incurred by reason of down time.
19 RETURN OF DEFECTIVE UNITS After written consent has been provided by Fluid Dynamics, all products alleged to be defective shall be returned to Fluid Dynamics at the expense of the Purchaser.
20 ADJUSTMENT POLICY Fluid Dynamics shall, as its option, repair or replace any Product the subject of warranty which it determines in its absolute discretion to be defective and covered by this warranty.
21 LIABILITIES OF PURCHASER Where any defect is found not to be the fault of Fluid Dynamics or otherwise not covered by this warranty, the Purchaser shall be liable for all costs and expenses incurred by Fluid Dynamics in connection with the inspection, repair, replacement or freight of the product whether at the purchaser’s request or otherwise.
22 LIMITATION OF LIABILITY To the extent permitted by law, the liability of Fluid Dynamics for any defects in any products shall be limited only to the repair or replacement of defective products as provided herein. Fluid Dynamics shall have no other liability for any loss or damage of any kind including but not limited to any direct, indirect, consequential, special or exemplary loss or damage howsoever arising whether in contract, tort or otherwise arising from or in connection with the Products, the use of the products or any defects in its products.
23 SEVERANCE If it is not possible to give effect to any provision of this warranty then that provision is to be severed and the remainder of this warranty will continue to have full force and effect.
