Terms and Conditions
1. TERMS OF PAYMENT
Eagle Technology & Solutions Pty Ltd, from here on referred to as the company, reserves the right to charge interest on outstanding accounts as follows:-
(a) Any account which remains unpaid beyond trading terms (30 days from date of invoice) as specified in the conditions of sale may at the discretion of the company be subject to penalty interest.
(b) Progress claims shall be payable at the completion of each stage as per the Terms of Payment.
(c) Such interest shall be calculated at current Bank Overdraft interest plus 2% administration charge,
(d) Such interest shall be calculated on the outstanding balances of the account from the date of the invoice/s, and shall be calculated daily until full settlement of the invoice/s. Such interest shall be due and payable with the original invoice/s amount.
2. VALIDITY
Unless otherwise indicated in quotations, our price will remain firm for thirty (30) days from the date of quotation.
3. TAXES
Quotations include GST unless otherwise stated. If costs included in this quotation are increased by the introduction of either State or Federal Taxes levied on the sale or delivery of goods, materials or services the consideration herein shall be adjusted accordingly.
4. FREIGHT
Standard freight charges would be to the buyers account / unless an agreement has been made.
5. EXCHANGE RATE
We have applied telegraphic exchange rates applicable at the date of quotation. Should the rate of exchange vary at the time of ordering we reserve the right to adjust our price accordingly.
6. DELIVERY
Whilst delivery has been indicated in quotations the company cannot anticipate delays beyond its control.
7. TITLE OF GOODS
(a) Title of goods supplied by the company remains with the company and does not pass to the customer until payment is made by the customer for all goods delivered to it by the company.
(b) Prior to title to such goods passing to the customer, the customer agrees to hold any goods delivered to it by the company as a bailee.
(c) Not withstanding sub paragraphs (a) and (b), the customer may sell any goods to a third party in the course of business and deliver them to that party, provided that:-
(i) Where the customer is paid by that third party, the customer holds the whole of the proceeds of sales on trust for the company; and
(ii) Where the customer is paid by that third party, the customer agrees to assign, at the option of the company, its claim against that party to the company upon receiving notice from the company that it requires such an assignment.
(d) Prior to title in such goods passing to the customer of the goods being sold to a third party, the customer agrees to hold such goods as a representative for the company.
(e) Prior to title of such goods passing to the customer or the goods being sold to a third party, the customer agrees to store those goods in a manner which clearly indicates that title to them remains with the company.
(f) Prior to title of such goods passing to the customer or the goods being sold to a third party, and not withstanding that the title to such goods remains with the company, the customer agrees to hold the goods at its risk and be liable to compensate the company for all loss or damage sustained to the goods whilst they are in their possession.
(g) Prior to the title of such goods passing to the customer or the goods being sold to a third party, the customer agrees that the company is able to enter upon the customer’s premises and retake possession of the goods.
(h) The provisions of this clause apply not withstanding that the company may have allowed credit to the customer.
(i) Each of the sub paragraphs of this clause 7 shall be severable with the intent that the remaining sub paragraphs continue to have effect.
8. WARRANTY
All products supplied by the company and or its subsidiaries are covered by a twelve (12) month warranty upon delivery or upon commissioning (whichever is applicable), at the time of the order.
If the product is found to be faulty after proper installation and used (as per enclosed unit’s instructions), in normal conditions, the company or its subsidiaries shall of its own discretion, either repair or replace that faulty part subject to the following conditions:-
(a) The equipment shall be returned FREIGHT paid to the company.
(b) The warranty does not extend to any item or part thereof which has been subjected to abuse, misuse or in an accident.
(c) The warranty does not extend to any item or part thereof which has been repaired or altered by any person other than an employee of the company, or its subsidiaries.
(d) The warranty does not extend to any item of part thereof which has been in adverse environmental conditions, i.e. fires, floods, water, wind, lightening, riots, impact or any other Act of God.
(e) The warranty does not extend to any item or part thereof interconnected with other equipment and or software and is not supplied equipment.
(f) The warranty does not extend to any item or part thereof which is connected to any power supply supplied by others.
9. LIABILITY
It is the buyers’ responsibility when ordering equipment to ensure that the goods ordered conform to the buyers’ requirements. Should the goods be returned for credit or exchange, the buyer will be charged as a minimum an administration charge of 20% of the purchase price of the goods and a further restocking fee at the sole discretion of the company.
Products supplied by the company are only intended to reduce the risk of loss or damage to the property and injury to the persons in or near the premises of the end user to the extent that it is reasonably practical by use of the equipment.
The company gives no undertaking to the customer that any particular loss, damage or injury can or will be prevented by the use of the equipment.
10. GOVERNING LAW
Any contracts for the Sale of Equipment or Services will be governed by the Australian laws currently in force.
11. EXCEPTIONS (Excluded)
These terms and conditions will prevail not withstanding any other terms and conditions which may appear on customer orders. Terms and conditions which do not comply with the company Conditions of Sale are hereby denied. Placing an order with the company constitutes acceptance and agreement to the terms and conditions listed herein.
12. RIGHTS RESERVED
All prices and specifications are subject to change without notice and the company reserve the right to refuse any order received.
Eagle Technology & Solutions Pty Ltd, from here on referred to as the company, reserves the right to charge interest on outstanding accounts as follows:-
(a) Any account which remains unpaid beyond trading terms (30 days from date of invoice) as specified in the conditions of sale may at the discretion of the company be subject to penalty interest.
(b) Progress claims shall be payable at the completion of each stage as per the Terms of Payment.
(c) Such interest shall be calculated at current Bank Overdraft interest plus 2% administration charge,
(d) Such interest shall be calculated on the outstanding balances of the account from the date of the invoice/s, and shall be calculated daily until full settlement of the invoice/s. Such interest shall be due and payable with the original invoice/s amount.
2. VALIDITY
Unless otherwise indicated in quotations, our price will remain firm for thirty (30) days from the date of quotation.
3. TAXES
Quotations include GST unless otherwise stated. If costs included in this quotation are increased by the introduction of either State or Federal Taxes levied on the sale or delivery of goods, materials or services the consideration herein shall be adjusted accordingly.
4. FREIGHT
Standard freight charges would be to the buyers account / unless an agreement has been made.
5. EXCHANGE RATE
We have applied telegraphic exchange rates applicable at the date of quotation. Should the rate of exchange vary at the time of ordering we reserve the right to adjust our price accordingly.
6. DELIVERY
Whilst delivery has been indicated in quotations the company cannot anticipate delays beyond its control.
7. TITLE OF GOODS
(a) Title of goods supplied by the company remains with the company and does not pass to the customer until payment is made by the customer for all goods delivered to it by the company.
(b) Prior to title to such goods passing to the customer, the customer agrees to hold any goods delivered to it by the company as a bailee.
(c) Not withstanding sub paragraphs (a) and (b), the customer may sell any goods to a third party in the course of business and deliver them to that party, provided that:-
(i) Where the customer is paid by that third party, the customer holds the whole of the proceeds of sales on trust for the company; and
(ii) Where the customer is paid by that third party, the customer agrees to assign, at the option of the company, its claim against that party to the company upon receiving notice from the company that it requires such an assignment.
(d) Prior to title in such goods passing to the customer of the goods being sold to a third party, the customer agrees to hold such goods as a representative for the company.
(e) Prior to title of such goods passing to the customer or the goods being sold to a third party, the customer agrees to store those goods in a manner which clearly indicates that title to them remains with the company.
(f) Prior to title of such goods passing to the customer or the goods being sold to a third party, and not withstanding that the title to such goods remains with the company, the customer agrees to hold the goods at its risk and be liable to compensate the company for all loss or damage sustained to the goods whilst they are in their possession.
(g) Prior to the title of such goods passing to the customer or the goods being sold to a third party, the customer agrees that the company is able to enter upon the customer’s premises and retake possession of the goods.
(h) The provisions of this clause apply not withstanding that the company may have allowed credit to the customer.
(i) Each of the sub paragraphs of this clause 7 shall be severable with the intent that the remaining sub paragraphs continue to have effect.
8. WARRANTY
All products supplied by the company and or its subsidiaries are covered by a twelve (12) month warranty upon delivery or upon commissioning (whichever is applicable), at the time of the order.
If the product is found to be faulty after proper installation and used (as per enclosed unit’s instructions), in normal conditions, the company or its subsidiaries shall of its own discretion, either repair or replace that faulty part subject to the following conditions:-
(a) The equipment shall be returned FREIGHT paid to the company.
(b) The warranty does not extend to any item or part thereof which has been subjected to abuse, misuse or in an accident.
(c) The warranty does not extend to any item or part thereof which has been repaired or altered by any person other than an employee of the company, or its subsidiaries.
(d) The warranty does not extend to any item of part thereof which has been in adverse environmental conditions, i.e. fires, floods, water, wind, lightening, riots, impact or any other Act of God.
(e) The warranty does not extend to any item or part thereof interconnected with other equipment and or software and is not supplied equipment.
(f) The warranty does not extend to any item or part thereof which is connected to any power supply supplied by others.
9. LIABILITY
It is the buyers’ responsibility when ordering equipment to ensure that the goods ordered conform to the buyers’ requirements. Should the goods be returned for credit or exchange, the buyer will be charged as a minimum an administration charge of 20% of the purchase price of the goods and a further restocking fee at the sole discretion of the company.
Products supplied by the company are only intended to reduce the risk of loss or damage to the property and injury to the persons in or near the premises of the end user to the extent that it is reasonably practical by use of the equipment.
The company gives no undertaking to the customer that any particular loss, damage or injury can or will be prevented by the use of the equipment.
10. GOVERNING LAW
Any contracts for the Sale of Equipment or Services will be governed by the Australian laws currently in force.
11. EXCEPTIONS (Excluded)
These terms and conditions will prevail not withstanding any other terms and conditions which may appear on customer orders. Terms and conditions which do not comply with the company Conditions of Sale are hereby denied. Placing an order with the company constitutes acceptance and agreement to the terms and conditions listed herein.
12. RIGHTS RESERVED
All prices and specifications are subject to change without notice and the company reserve the right to refuse any order received.