GENERAL Terms and Conditions
1. ACCEPTANCE - All orders are subject to credit approval and acceptance by Synergy Custom Solutions Pty Ltd
2. PRICE - All quotations shall be held open for thirty days from the date of the said quotation, unless otherwise stated. Prices as per the submitted quote do not include sales, use, excise and other similar taxes, which will be paid by the Purchaser.
3. TAXATION - In addition to any price specified herein, purchaser shall pay the gross amount of any present or future sales, use, excise, value-added, or other similar tax applicable to the price, sale or delivery of any products or services furnished hereunder or to their use by Seller or Purchaser, or Purchaser shall furnish seller with a tax - exemption certificate acceptable to the taxing authorities for the state(s) in which shipment(s) are accepted.
4. PAYMENT TERMS - The Purchaser agrees to pay in full for all services, labor and materials rendered within the stated terms specified on invoice from Synergy Custom Solutions Pty Ltd. The Purchaser agrees to pay 1½ percent interest per month (18% per annum) from date of invoice on the specified amount of the account not paid within 30 days. In the event Synergy Custom Solutions Pty Ltd is required to institute litigation to recover the sums due on this account, the Purchaser agrees to pay all costs and expenses incurred by Synergy Custom Solutions Pty Ltd in collecting the same, including reasonable attorney’s fees for all legal expenses incurred in collecting this account and enforcing the judgment, whether on appeal or otherwise.
5. DELIVERY - Delivery is F.O.B. shipping point or as designated by the purchase agreement. Delivery dates are approximate and not guaranteed. Synergy Custom Solutions Pty Ltd will not be liable for delays attributable to circumstances beyond its reasonable control, including, but not limited to, delays in delivery by its suppliers, natural disasters, acts of third parties or labor disorders. If delivery as originally scheduled is delayed by the Purchaser, Synergy Custom Solutions Pty Ltd may invoice the Purchaser and store the products at the Purchaser’s expense. Method of shipment is freight collect unless otherwise arranged or negotiated.
6. CANCELLATION - Any order when placed with and accepted by Synergy Custom Solutions Pty Ltd is not subject to cancellation unless an agreement to the contrary has been executed by an authorized officer of Synergy Custom Solutions Pty Ltd. Cancellations are subject to reasonable charges based upon costs already incurred and commitments made by Synergy Custom Solutions Pty Ltd.
7. INSOLVENCY - IIf the Purchaser should be insolvent or cease doing business or be the subject to any proceeding under any bankruptcy, insolvency, reorganization or arrangement stature or law, such act shall at the option of Synergy Custom Solutions Pty Ltd, be deemed a default under this contract, and Synergy Custom Solutions Pty Ltd may elect to cease performing and cancel this contract with respect to any equipment not delivered or received prior to the election. All of the foregoing shall be without prejudice to recovery by Synergy Custom Solutions Pty Ltd of damages for work performed and for loss of profits and material and equipment delivered.
8. WARRANTY – Goods supplied by Synergy Custom Solutions Pty Ltd are subject to the terms and conditions of the original manufacturer’s warranty, a copy of which will be provided upon request. It follows that Synergy Custom Solutions Pty Ltd hereby warrants that the equipment delivered to the Purchaser will be of the kind and quality described in the Synergy Custom Solutions Pty Ltd sales agreement and/or manufacturer’s catalogue and the said equipment will be free of defects in design, workmanship and material. Deterioration of equipment due to exposure to corrosive or abrasive substances or operation of equipment under abnormal circumstances or in the presence of abnormal dampness shall not constitute a defect in equipment design, workmanship and material. The Purchaser shall bear the expense of installation. Synergy Custom Solutions Pty Ltd reserves the right to install or supervise the installation of any necessary replacement and to perform or supervise any adjustment incident to satisfactory operation of the equipment, and to change the design construction of its products at any time without obligation for replacement or refund on any products or parts thereof which may be in the Purchaser’s possession at the time such changes become effective.
The foregoing Warranty shall be IN LIEU OF any other warranty, express or implied, including but not limited to, any implied warranty of MERCHANTABILITY or fitness for a particular purpose. Synergy Custom Solutions Pty Ltd will warrant our workmanship for a period of three (3) months. Synergy Custom Solutions Pty Ltd reserves the right to inspect any claims prior to accepting liability. Synergy Custom Solutions Pty Ltd will not be held responsible for any “downtime”, product loss or poor machine performance.
9. REMEDY - This warranty shall be enforceable against Synergy Custom Solutions Pty Ltd for a period equal to that stated in the original manufacturer’s warranty from date of shipment, provided the Purchaser gives Synergy Custom Solutions Pty Ltd immediate written notice of the alleged defect and a reasonable opportunity to inspect the same. Upon receipt of such written notice within the period stated in the original manufacturer’s warranty and proof satisfactory to Synergy Custom Solutions Pty Ltd the equipment was defective at the date of shipment, Synergy Custom Solutions Pty Ltd agrees to correct the alleged defect by either repairing the said defect, or at its option, making available to Synergy Custom Solutions Pty Ltd without charge F.O.B. shipping point, any part proving defective as aforesaid. Synergy Custom Solutions Pty Ltd SOLE AND EXCLUSIVE liability to the Purchaser under this Warranty shall be limited to repair or replacement of defective equipment within the aforesaid time frame. Correction of such defects in the manner and time provided above shall constitute a fulfillment of all liabilities of Synergy Custom Solutions Pty Ltd under this Warranty. In no event shall Synergy Custom Solutions Pty Ltd be held liable to the Purchaser for any other remedy including, but not limited to, incidental or consequential damages, lost profits, lost sales, injury to person or property or any other incidental or consequential loss.
10. SERVICES - Purchaser shall at its expense provide all necessary electrical wiring, refrigeration hook-up, plumbing, rigging, hoisting or alterations to building or contents. Installation charges whether of seller or third parties, are not included in the price of the equipment and unless otherwise agreed, shall be the responsibility of Purchaser. Purchaser is responsible for all necessary licenses, Engineering, Council, Federal and other approvals as necessary for the proper, safe installation and operation of the goods purchased; the aforementioned licenses and/or approvals to be provided in good time prior to delivery of the goods. Synergy Custom Solutions Pty Ltd bears no responsibility and shall not be held liable for these licenses and approvals, or for the timeliness of provision of aforementioned licenses and/or approvals. Further, Synergy Custom Solutions Pty Ltd bears no responsibility and shall not be held liable for defects, abnormalities, deficiencies, in construction, electrical, plumbing, gas, or any other item related to the premises where the goods purchased are to be installed, that may be cause for liability in any way. Any delays caused by lack of provision the aforementioned licenses in good time prior to delivery of the purchased goods may incur extra costs which shall be noted, costed by Synergy Custom Solutions Pty Ltd, and borne by the Purchaser. Where services supplied by Synergy Custom Solutions Pty Ltd are delayed for any reason, for the duration of this agreement (including a lack of communication), by the Purchaser their sub-contractors, associates, representatives or business partners, Synergy Custom Solutions Pty Ltd has the right to update the purchase agreement or vary the costs of the project in line with any extra costs arising from supply of goods and/or services supplied to Synergy Custom Solutions Pty Ltd. These extra costs will be borne by the Purchaser. Any information not disclosed to Synergy Custom Solutions Pty Ltd by the Purchaser, their sub-contractors, associates, representatives or business partners for the duration of this agreement, which results in extra costs being incurred, shall be for the Purchaser’s account.
11. COMPLETE AGREEMENT - The provisions of the sales agreement, as outlined in separate document, will constitute the entire agreement and understanding of the parties and may not be waived, changed, modified, discharged or rescinded except in writing signed by an authorized officer of the party charged with such waiver, change, modification, discharge or revision.
12. CONFIDENTIALITY - Any designs, sketches, engineering drawings, proofs, etc. originated by Synergy Custom Solutions Pty Ltd are submitted in confidence and will not be disclosed by the Purchaser to any third party. Unless otherwise agreed in writing Synergy Custom Solutions Pty Ltd owns such items and all copyrights protecting them.