Rom-Control

Terms and Conditions

Payment Methods We Accept: Visa, MasterCard, American Express, Company/Business Check, Money Order, & Approved PO’s.

Rom-Control pty. ltd. Conditions of Sale

1. GENERAL No understanding, promise or representation, and no waiver, alteration or modification of any of the provisions hereof, shall be binding upon Rom-Control Pty. Ltd. unless assented to in writing by an authorised representative of Rom-Control Pty. Ltd. Orders are accepted subject to Rom-Control Pty. Ltd. terms, conditions, and price provisions in effect at the time the order is accepted. A contract will be deemed as being concluded only upon our receipt of written confirmation of the order. No departure from the terms of sale is to be made except upon written confirmation duly signed on behalf of both contracting parties. This agreement supersedes terms and conditions on all customer documents and confirmations.
2. PERFORMANCE Any performance figures given by Rom-Control Pty. Ltd. are based upon experience and are such as we expect to obtain on tests in our works. We shall be under no liability whatsoever for damages or otherwise for failure to attain such figures unless we have specifically guaranteed and warranted such performance figures subject to the recognised tolerance applicable.
3. WARRANTY Rom-Control Pty. Ltd. warrants to Buyer that products and any services furnished hereunder will be free from defects in material, workmanship and title and be of the kind and quality specified in Rom-Control Pty. Ltd. quotation only if stated in the quotation. The foregoing shall apply only to failure to meet said warranties (excluding any defects in title) which appear within one year from the date of shipment hereunder. The warranties and remedies set forth herein are conditional upon (a) proper storage, installation, use and maintenance, and conformance with any applicable recommendations of Rom-Control Pty. Ltd.and (b) Buyer promptly notifying Rom-Control Pty. Ltd.in writing of any alleged defects and, if required, promptly making the product available for correction. Satisfaction of this warranty, consistent with other provisions herein, will be limited to the replacement or repair or modification of, or issuance of a credit for the equipment involved, at Rom-Control Pty. Ltd. option with Rom-Control Pty. Ltd. to determine the availability of service personnel and customer to pay associated service expenses; such warranty satisfaction shall be available only if Rom-Control Pty. Ltd. examination of the subject equipment discloses, to its satisfaction, that any defect has not been caused by misuse; neglect; improper installation; improper maintenance, repair or alteration; accident; or unusual deterioration or degradation of the equipment or parts hereof due to physical environment or due to electrical or electromagnetic noise environment. If any product or service fails to meet the foregoing warranties (except title), Rom-Control Pty. Ltd. shall thereupon correct any such failure either, at its option, (i) by repairing any defective or damaged part or parts of the products, or (ii) by making available, F.O.B. Rom-Control Pty. Ltd. plant or other point of shipment, any necessary repaired or replacement parts. Where a failure cannot be corrected by Rom-Control Pty. Ltd. reasonable efforts, the parties will negotiate an equitable adjustment in price. The preceding sets forth the exclusive remedies for claims (except as to title) based on defect in or failure of products or services, whether claim is in contract or tort (including negligence and however instituted). Upon expiration of the warrant period, all such liability shall terminate. The foregoing warranties are exclusive and in lieu of all other warranties, whether written, oral, implied or statutory. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY. Rom-Control Pty. Ltd. does not warranty any products or services of others which Buyer has designated. Warranty of used goods shall be decided on by both parties and will be one year from the date of purchase for the serial number of the item purchased.
4. DAMAGES IN TRANSIT Rom-Control Pty. Ltd.will not be liable for goods damaged in transit.
5. TERMS Except as may otherwise be stated in quotations, terms to customers of satisfactory credit are (30) days net from date of invoice. If buyer defaults when any payment is due, then the whole contract price shall become due and payable upon demand. Rom-Control Pty. Ltd.at its option, reserves the right to defer delivery or cancel the contract for sale. Pro rata payments shall become due as shipments are made. If shipments are made by Buyer, payments shall become due on the date when Rom-Control Pty. Ltd. is prepared to make shipment. If the work to be performed hereunder is delayed by the Buyer, payments shall be made based on the purchase price and the percentage of completion. Equipment held for Buyer shall be at the risk and expense of buyer. If the financial condition of Buyer at any time does not, in the judgement of Rom-Control Pty. Ltd. justify continuance of the work to be performed by Rom-Control Pty. Ltd. hereunder on the terms of payment agreed upon, Rom-Control Pty. Ltd. may require full or partial payment in advance or shall be entitled to cancel any order then outstanding and shall receive reimbursement for its reasonable and proper and cancellation charges. The rights of Rom-Control Pty. Ltd under this paragraph are cumulative and in addition to all rights available to Rom-Control Pty. Ltd. at law or in equity.
6. GST All prices quoted by Rom-Control Pty. Ltd are GST exclusive.
7. CANCELLATION Cancellation may be made only upon written notice by the Buyer. Cancellation shall be subject to the following conditions:
   1. Cancellation of processed orders/items not covered above shall incur a charge of $50.00 net per order provided no labour or material costs, other than processing, are accountable to it. Charges will be incurred as shown in Paragraph (e) below for an item having labour or material costs accountable to it.
   2. There will be no charge for cancellation on orders or items when made for the convenience of Rom-Control Pty. Ltd.
      Cancellations will not be processed, under any circumstances, on orders/items of controls scheduled to ship from warehouse stock.
   3. There will be no charge for cancellation of unprocessed orders/items provided no work has been done on them. If engineering or other work has been done, charges will be incurred as shown in Paragraph (e) below.
   4. Cancellation charges on items having labour or material costs accountable to them will be calculated on the basis of labour, material and vendor restocking charges applied to the items plus ten (10) percent of the net selling price of those items involved.
8. LIMITATIONS OF LIABILITY AND INDEMNITIES
   1. In no event, whether as a result of breech, contract, warranty, tort (including negligence) or otherwise, shall Rom-Control Pty. Ltd.or its suppliers be liable for any special, consequential, incidental or penal damages including, but not limited to, loss of profit or revenues, loss of use of the products or any associated equipment, damage to associated equipment, cost of capital cost of substitute products, facilities, services or replacement power, down time costs, or claims of Buyer’s customers for such damages. If Buyer transfers title to or leases the products sold hereunder to any third party, Buyer shall obtain from such third party a provision affording Rom-Control Pty. Ltd. and its suppliers the protection of this article.
   2. In no event, whether as a result of breach of contract, warranty, tort (including negligence) or otherwise, shall Rom-Control Pty. Ltd.be under liability to Buyer for any loss or damage arising out of or resulting from this agreement, or from its performance or breach, or from the products or services furnished hereunder, exceed the price of the specific product or service which give rise to the claim. Except as to title, any such liability shall terminate upon the expiration of the warranty period specified in Article 3 (Warranty).
   3. If Rom-Control Pty. Ltd. furnished Buyer with advice or other assistance which concerns any product may such product may installed and which is not required pursuant to this agreement, the furnishing of such advice or assistance will not subject Rom-Control Pty. Ltd.to any liability, whether in contract, tort (including negligence) or otherwise.
   4. The invalidity, in whole or in part, of any of the foregoing paragraphs will not affect the remainder of such paragraph or any other paragraph in this article.
9. PROPERTY OF THE GOODS DELIVERED
   1. The risk in such goods shall pass to the Buyer immediately upon delivery.
   2. Until fully paid for, Buyer shall keep the goods at the address stated by him on the invoice and shall not remove them or permit them to be removed there from nor delivery possession thereof to any third party, without Rom-Control Pty. Ltd.prior written consent and then only to such address as is specified in such consent.
   3. If goods are delivered and not paid in full, these goods will remain the property of Rom-Control Pty. Ltd.and Rom-Control Pty. Ltd.shall use whatever means necessary to retrieve such goods. The time of full payment will be determined by Rom-Control Pty. Ltd.as will the time of retrieval.
10. MODIFICATIONS Rom-Control Pty. Ltd. Will not make any modifications to the design of the circuitboard without written request from the Buyer.
11. QUOTATIONS AND PRICES All written quotations automatically expire thirty (30) days from the date quoted unless accepted within the thirty (30) days. However, all quotations are subjected to change without notice within this thirty-day period. Verbal quotations expire the same day they are made. In order for quotations to be binding, the quotations must list the quantities. Prices shown in any Rom-Control Pty. Ltd.publication are subject to change without notice. Such literature is maintained only as a source of general information, and any prices shown therein are subject to confirmation with a specific quotation. All clerical errors are subject to correction. Should the prices charged by our suppliers change, by reason of increased labour costs, increased raw material cost, or any other reason, we reserve the right to re-negotiate our prices.
12. RETURN OF EQUIPMENT Authority for return of equipment, whether under Warranty Clause or otherwise, must be obtained from Rom-Control Pty. Ltd.Such authority shall be granted for each reasonable request. Unless such authority has been granted, shipment will be refused. All equipment returned should allude reference to all pertinent order information for that equipment to include order, part, model and serial numbers as well as details of the system from which the equipment was removed when appropriate. Cost for placing equipment returned for credit in a saleable condition will be charged to Buyer, except for, and Rom-Control Pty. Ltd.will pay return transportation only for those returns based upon conditions or circumstances which Rom-Control Pty. Ltd.is responsible by the terms and conditions herein. Only unused apparatus and material currently sold by Rom-Control Pty. Ltd.which has been invoiced to the purchaser within one year of his request to return same, will be considered for return. Material accepted for return is subject to a minimum service charge of $50.00 or 10% of the billing invoice, whichever is greater, plus all transportation charges incurred by Rom-Control Pty. Ltd.
13. SUBSTITUTES Rom-Control Pty. Ltd. may furnish suitable substitutes for materials unobtainable because of priorities or regulations established by governmental authority or non-availability of materials from suppliers and assumes no liability for deviation from published dimensions and descriptive information not essential to proper performance of the product.