Terms & Conditions
In these Conditions the following expressions shall have the following meanings:
- “the Company” means Qualtech Products Industry;
- “Goods” means the products or items or any of them described in the Contract;
- “Accessories” are considered as separate and individual “Goods” and are not considered as part of a main product or main products;
- “the Buyer” means the person, firm or company with whom the Contract is made by the Company, whether directly or indirectly through an agent or factor who is acting for or instructed by or whose actions are ratified by such person firm or company;
- “the Contract” means the Company’s quotation for the sale of the Goods and any document referred therein, these Conditions of Sale, the Company’s acknowledgement of the Buyer’s order for the Goods and the Buyer’s order for the Goods, and if there shall be any inconsistency between the documents comprising the Contract they shall have precedence in the order herein listed.
These conditions shall be deemed to be incorporated in all contracts of the Company to sell Goods and in the case of any inconsistency with any order letter or form of contract sent by the Buyer to the Company or any other communication between the Buyer and the Company whatever may be their respective dates the provisions of these conditions shall prevail unless expressly varied in writing and signed by a director on behalf of the Company. Any concession made or latitude allowed by the Company to the Buyer shall not affect the strict rights of the Company under the Contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the Contract the other conditions shall continue in full force and effect.
- Unless verbal or telephone orders and any variations to orders are confirmed in writing by the Buyer the Company shall not be responsible for errors or subsequent misunderstandings.
- Notwithstanding that the Company may have given a detailed quotation no order shall be binding on the Company unless and until it has been accepted in writing by the Company.
- Orders which have already been paid by the Buyer and/or are already being processed are not subject to cancellation. In the event the Company might accept a cancellation a cancellation fee of 50% applies.
- Despite all best efforts the Company does not guarantee the availability of all products at any stage of an order and is not responsible for errors or subsequent misunderstandings.
- The price payable for Goods shall, unless otherwise stated by the Company in writing and agreed on its behalf, be the price quoted by the Company.
- All prices are exclusive of any tax, e.g.Value Added Tax. Our prices are aimed at businesses. This includes products offered with ‘free shipping’.
- The Company’s prices are subject to adjustment to take account of any variation in the Company’s costs since the date of the Company’s quotation or the Buyer’s order. The Company accordingly reserves the right to adjust the order acknowledgment price by the amount of any increase or decrease in such costs after the price was originally quoted. Factors for price variations may include, but are not limited, to material costs, exchange rate fluctuations, wages, production costs.
5. TERMS OF PAYMENT
- Unless otherwise stated by the Company in writing and recorded on the Company’s acknowledgement of order, payment shall be due as agreed in the contract or presented in the quotation.
- Without prejudice to any other rights it may have, the Company is entitled to charge interest at a rate 2.5% for overdue payments.
- All times or dates given for delivery of the goods are given in good faith but without any responsibility on the part of the Company. Time of delivery should not be of the essence of any contract nor shall the Company be under any liability for any delay beyond the Company’s control.
- Which carrier will handle the Goods and where the Goods are handed to a carrier for carriage to the Buyer shall be decided by the Company.
- No liability for non-delivery loss of the Goods or damage of the Goods occurring prior to delivery or for any claim that the Goods are not in accordance with the Contract will attach to the Company.
- In case of non-delivery loss or damage the Buyer shall notify the Company within 7 days.
- In the event of a valid claim for non-delivery loss the Company will try to assist the Buyer with tracing the shipment, but the Company does not guarantee that the Goods will be discovered again. This will depend on the carrier and the Company shall not be under any further or other liability to any person in connection with such non-delivery loss.
- In the event of damage of the Goods the Company will try to assist the Buyer with repair and or replacement parts. The Company may require a payment in this event and shall not be under any further or other liability to any person in connection with such damage.
- In the event of non-compliance with the Contract the Company will replace the Goods at its expense but shall not be under any further or other liability to any person in connection with such non-compliance.
- Installation services performed by one of our technicians are available only within 14 days after the delivery of the equipment or machinery.
- The company doesn’t take any liability for possible damages that may occur during the installation or consequently following the installation of an equipment or machinery completed by one of our technicians or the Buyer. This includes but is not limited to buildings, installations, machinery, wiring, flooring, water supply, drainage.
- Images presented on this website and in brochures and product descriptions are for reference only.
Purchased products which have been delivered as specified in the order cannot be returned without the Company’s prior written authorization. A RMA number will be assigned for returns to track the item to ensure a high level of customer service. Returns without an RMA are automatically returned to the sender. Authorized returns shall be sent to a service center specified by the company at the Buyer’s expense.
Returns require the Goods to be shipped in its original packaging and unused.
8. PACKING AND CARRIAGE
Unless otherwise agreed by the Company in writing the prices of the Goods are exclusive of packing and carriage.
9. PASSING OF TITLE AND RISK
- From the time of delivery the Goods shall be at the risk of the Buyer who shall be solely responsible for their custody and maintenance but, unless otherwise expressly agreed in writing, the Goods shall remain the property of the Company until all payments under the Contract have been made in full and unconditionally. Whilst the ownership of the Company continues the Buyer shall keep the Goods separate and identifiable from all other goods in its possession as bailee for the Company.
- If preferred the Buyer can specify within the order for the goods to be shipped insured.
- In the event of any resale by the Buyer of the Goods the beneficial entitlement of the Company shall attach to the proceeds of sale or other disposition thereof so that such proceeds or any claim therefore shall be assigned to the Company and until and subject to such assignment shall be held on trust in a separate identified account for the Company by the Buyer who will stand a strictly fiduciary capacity in respect thereof.
- In event of failure to pay the price in accordance with the Contract, the Company shall have power to re-sell the Goods. Such power being additional to (and not in substitution for) any other power of sale arising by operation of law or implication or otherwise and for such purposes the Company and its servants and agents may forthwith enter upon any premises or land occupied or owned by the Buyer to remove the Goods.
10. CONDITIONS AND WARRANTIES
- The Contract shall not constitute a sale by description or sample.
- Any conditions or warranties (whether express or implied by statute common law or arising from conduct or a previous course of dealing or trade custom or usage) as to the quality of the Goods or their fitness for any particular purposes (even if that purpose is made known expressly or by implication to the Company) or as to the correspondence of the Goods with any description or sample are hereby expressly negated.
11. DEFECTIVE GOODS
- In substitution for all rights which the Buyer would or might have but for these Conditions the Company undertakes in the case of Goods manufactured by the Company; that if within twelve months of delivery of such Goods a defect which under proper use appears therein (fair wear and tear expected) and arising solely from faulty design, materials or workmanship (excluding any electrical component) it will at its own discretion, provided the Goods have been accepted and paid for by the Buyer, repair or replace them or supply new parts therefore and shall return them by air parcel post free of charge in order to exercise its rights under this condition. The Buyer shall inform the Company as soon as practicable after the date which such defect appeared. The Company will reject any claim for warranty replacement if the Goods have been tampered with or if there has been an attempted unauthorized repair.
- In the rare case of Goods not manufactured by the Company, the Company will pass on to the Buyer to the extent that it is able any benefits obtainable under any warranty given by the Company’s supplier provided that the Goods have been accepted and paid for.
- Nothing herein shall impose any liability on the Company in respect of any defect in the Goods arising out of the acts, omissions negligence or default of the Buyer its servants or agents including in particular without prejudice to the generality of the foregoing any failure by the Buyer to comply with any recommendations of the Company as to storage and use of the Goods (including without limitation any instructions provided by the Company as to the calibration of the Goods).
- Nothing herein shall have the effect of excluding or restricting the liability of the Company for death or personal injury resulting from its negligence.
- Defective goods for repair or replacement cannot be returned without the Company’s prior written authorization. A RMA number will be assigned for returns to track the item to ensure a high level of customer service. Returns without an RMA are automatically returned to the sender. Authorized returns shall be sent to a service center specified by the company at the Buyer’s expense.
12. SAMPLE TEST SERVICES
The Company shall not be liable for loss or damage of samples the Buyer sends to The Company for a sample tests.
13. CONSEQUENTIAL LOSS
The Company shall not be liable for any costs claims or damages or expenses arising out of any tortious act or omission or any breach of contract.
14. LIMITATION OF LIABILITY
The liability of the Company to the Buyer for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the Goods.
No statement description information warranty condition or recommendation contained in any catalogue price list advertisement or communication or made verbally by any of the agents or employees of the Company shall be construed to enlarge, vary or override in any way any of these conditions.
16. FORCE MAJEURE
The Company shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in manufacturing obtaining or delivering the Goods by normal route or means of delivery through any circumstances beyond its control including but not limited to strikes, lock-outs, accidents, war, fire, reduction in or unavailability of power at manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from normal source of supply.
The headings in these conditions are for reference only and shall not affect its content.
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USA USA Customer Service Center
Office: 2186 South Holly Street, Denver, CO 80222, USA
Phone: +1 720 897 7818
EMail: [email protected]
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Phone: +61 2 8091 0618
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