Conditions of Sale
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them. No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18. We are: Industrial Precision Instruments Pty Ltd Our address is: 15/634-644 Mitcham Road, Vermont VIC 3133, Australia You are: a visitor to Our Website / our customer The terms and conditions:
In this agreement:
"Carrier" means any person or business contracted by us to carry Goods from us to you.
"Consumer" means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
"Content" means any content in any form published on Our Website by us or any third party with our consent.
"Goods" means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
"Our Website" means any website of ours, and includes all web pages controlled by us.
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
2. InterpretationIn this agreement unless the context otherwise requires:
- a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
- these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
- any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
- except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
- in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
- the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
- a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
- in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated $65 per hour.
- these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
- this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
- This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
- Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
- If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
- Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
- The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
- If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
- We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4. Acceptance of your order
- Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason.
If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
- accept the alternatives we offer;
- cancel all or part of your order.
5. Order Cancellation
- By placing your order through our online store, or sending it directly to us in writing, verbally or by other means you are agreeing to buy the goods from us.
- It is not our standard policy to accept change of mind order cancellations.
- If you wish to cancel an order before delivery has been made you must contact us as soon as possible to notify us. You must advise us in writing and preferably also via telephone of your request.
- If we accept your order cancellation you must pay to us a minimum 30% restocking fee (calculated on the purchase price of the item/s not including any freight charges).
6. Price and Payment
- The Price is as set out in the order.
- It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
- Prices exclude goods and services tax ("GST"). If you show by your delivery address that you reside within the Commonwealth of Australia, GST will be added at the payment point.
- If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
- Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollars will be borne by you.
- Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
- If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
- The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
- If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due.
7. Security of your credit cardWe take care to make Our Website safe for you to use.
- Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
8. Delivery and pick up
- Goods are delivered within 60 days from the day your payment is received in full.
- Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
- If we are not able to deliver your Goods within 60 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
- We may deliver the Goods in instalments if they are not all available at the same time for delivery.
- Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
- All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
- Signing "Unchecked", "Not Checked" or similar is not acceptable.
- If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
- Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer's delivery policy.
- Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
- We are happy for you to pick up Goods from our shop/ warehouse provided you make an appointment in advance and payment has been received into our bank. A cheque on arrival is not acceptable.
If you pick up Goods from our premises then:
- we will not be able to assist you in loading heavy items;
- Goods are at your risk from the moment they are picked up by you or your Carrier from our shop / warehouse;
- you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
9. Foreign taxes and duties
- If you are not in the Commonwealth of Australia, we have no knowledge of, and no responsibility for, the laws in your country.
- You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
10. Liability for subsequent defectsWe will repair or replace Goods which fail to comply with the provisions of the Competition and Consumer Act 2010or which show a defect. If you claim that the item is defective, the following conditions apply:
- the defect must be reported to us within four weeks of becoming apparent;
- the defect results only from faulty design or manufacture;
- you have returned the defective Goods or parts to us if we have so requested.
- If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
- If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
11. Goods returnedThese provisions apply in the event that you return any Goods to us for any reason:
- We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
- Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
- The Goods must be returned to us as soon as any defect is discovered but not later than 15 days.
So far as possible, Goods should be returned:
- with both Goods and all packaging as far as possible in their original condition;
- securely wrapped;
- including our delivery slip;
- at your risk and cost.
- You must contact us by email or phone to discuss any fault with Goods received. If we determine that Goods must be returned we will send you a copy of our Return Material Agreement which must be completed and enclosed with the returned Goods to ensure we can properly identify and test them.
- Most of the Goods are covered by the manufacturer's guarantee for a minimum of 12 months. Please first check the plug, fuse, batteries and the manufacturer's operating instructions.
- If delivery was made to Australian address, you are also protected by the Competition and Consumer Act 2010.
If we agree that the Goods are faulty, we will:
- refund the cost of return carriage;
- repair or replace the Goods as we choose.
If we have agreed in correspondence that you may return an item:
Goods should be returned:
- with both Goods and all packaging as far as possible in their original condition;
- securely wrapped;
- including our delivery slip;
- at your risk and cost.
- Where payment has already been made and we are satisfied with the condition of returned goods, we will supply a refund of the original purchase price less delivery and less a minimum 30% restocking fee (calculated on the purchase price not including delivery)
- Where payment has not been made you must immediately pay to us the delivery fee and a minimum 30% restocking fee (calculated on the purchase price not including delivery)
- The law differs from one country to another. This paragraph applies so far as the applicable law allows.
- All the conditions, warranties or other terms implied by the law of any county other than the Commonwealth of Australia are excluded from this agreement to the extent permitted by law.
- We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
- You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
We give no warranty and make no representation, express or implied, as to:
- the quality of the Goods;
- any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
- the correspondence of the Goods with any description;
- the adequacy or appropriateness of the Goods for your purpose;
- the truth of any Content on Our Website;
- non-infringement of any right.
- We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
- Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
13. Your account with us
- You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
- If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
- You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
14. Restrictions on what you may Post to Our WebsiteYou agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:
- be malicious or defamatory;
- consist in commercial audio, video or music files;
- be illegal, obscene, offensive, threatening or violent;
- be sexually explicit or pornographic;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
- solicit passwords or personal information from anyone;
- be used to sell any goods or services or for any other commercial use;
- include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
- link to any of the material specified above, in this paragraph;
- send age-inappropriate communications or Content to anyone under the age of 18.
15. Your Posting: restricted contentIn connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms. In addition to the restrictions set out above, a Posting must not contain:
- hyperlinks, other than those specifically authorised by us;
- keywords or words repeated, which are irrelevant to the Content Posted;
- the name, logo or trademark of any organisation other than yours;
- inaccurate, false, or misleading information.
16. How we handle your Content
- If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
- Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
- We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
- We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
- You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
- You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
- Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
- You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
- You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
- Please notify us of any security breach or unauthorised use of your account.
- We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it.
17. Removal of offensive Content
- For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
- We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
If you are offended by any Content, the following procedure applies:
- Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
- we shall remove the offending Content as soon as we are reasonably able;
- after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- We may re-instate the Content about which you have complained or not.
- In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
18. Security of Our WebsiteIf you violate Our Website we shall take legal action against you. You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
- share with a third party any login credentials to Our Website.
Despite the above terms, we now grant a licence to you to:
- create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- you may copy the text of any page for your personal use in connection with the purpose of Our Website.
19. IndemnityYou agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
- your failure to comply with the law of any country;
- your breach of this agreement;
- any act, neglect or default by any agent, employee, licensee or customer of yours;
- a contractual claim arising from your use of the Goods;
- a breach of the intellectual property rights of any person.
20. Intellectual Property
- We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
- Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
- You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
- Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
21. Miscellaneous matters
- When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
- If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
- In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
- This agreement does not give any right to any third party.
- Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
- In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
- The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria.
Conditions of Rental
INDUSTRIAL PRECISION INSTRUMENTS P/L (ABN: 27 063 544 392) (NOTE: THEREAFTER REFERRED TO AS I.P.I.)
The Customer (Which for the purpose of this Rental Agreement includes its employees, servants) hereby rents from the applicable I.P.I. the Equipment as referred to in the documents (including operating manuals) or things supplied with Equipment upon the following terms and conditions.
1. CASUAL RENTAL
The rental period commences on the rent start date shown on the rental agreement and continues until it terminates at 10:00 am on the first business day after the period nominated on the rental agreement. A business day excludes Saturdays, Sunday and Public holidays. When the equipment is not returned at the end of the rental period specified in the rental agreement, then rental charges will continue to accrue at the same daily rate set out in the rental agreement until the business day on which the equipment is returned complete with all the accessories and undamaged. The rental period set out in the rental agreement is the minimum for which charges at the daily rate set out in the rental agreement
apply. A rental fee at the daily rental rate and subject to a minimum total charge set out in the rental agreement will continue to be charged until the equipment is returned complete with all the accessories and undamaged. Where equipment or accessories are lost or equipment or accessories are damaged and the rental agreement did not include damage waiver under clause 20 of their terms and conditions, the rental fee at the daily rate will continue to be charged and payable until replacement equipment or accessories(s) is/are purchased and delivered to I.P.I. and/or damaged equipment or accessories are replaced or repaired to serviceable condition and returned to I.P.I. The rental rate shown on the rental agreement shown on the rental agreement does not include preparation, packaging & freight charges. GST or other rental tax or duty recovery charges which are shown separately on the invoice. Equipment returned before 12:00pm (Midday) on any business day to the I.P.I. Office from which it was despatched will be deemed to have been received on the previous calendar day. Equipment received after 12:00 pm on any business day will be recorded as received on that business day. The Customer acknowledges that at all times the property in and ownership of the Equipment remains with I.P.I. and the Customer will not remove any sticker or other identification from the Equipment giving notice of I.P.I. ownership of the Equipment.
2. DEBIT AUTHORITY
When the Customer has given a credit card or account debit authority, I.P.I. are hereby authorised to debit all fees and charges payable under this agreement to the Customer's card or account, whether owing now or in the future.
3. OTHER CHARGES
The Customer shall be responsible for the payment of all costs, taxes, charges, imposts and expenses which arise or are incurred by virtue of this rental including:
- Any Stamp Duty or like or similar duty applicable to rental transactions or rental business.
- Any Goods or Services Tax or taxed in the manner or nature of a Goods and Services Tax.
- Any Value Added Tax or a tax in the manner or nature of a Value Added Tax.
- Any Sales Tax or tax of a similar manner or nature.
- Any Rental Tax or tax on rentals.
- Any customs duties and tariffs.
If any of the above taxed or duties apply in the country of rental then such applicable tax and/or duty will be paid by the Customer in addition to the rental fee. In certain instances equipment may need to be sourced from outside of the country of rental. In those circumstances I.P.I. reserves the rights to adjust any rental fee if there is any adverse currency fluctuation between the country of rental and the country of source. The Customer indemnifies I.P.I. in respect of any claims for such costs, charges, imposts and expenses applied or incurred.
Payment terms are strictly prepayment by credit card from date of invoice unless otherwise stated in the Rental Agreement.
5. OVERDUE PAYMENTS
If any amount is due and unpaid, the Customer agrees to pay interest on the overdue amount at the rate of 8% higher than the Reserve Bank of Australia's 90 day bill rate calculated daily until payment in full is received and the Equipment has been returned. The Customer is liable for all additional costs I.P.I. may incur, including legal, administrative and collection costs to recover unpaid amounts.
6. DELIVERY AND RETURN OF EQUIPMENT
Delivery of Equipment to the Customer shall take place at the premises as set forth in the Rental Agreement at the expense and the risk of the Customers. Return of the Equipment by the Customers is solely at the Customer's expense and risk, even if arranged by I.P.I., and shall be to the premises of I.P.I. from where the Equipment was dispatched. The Customer agrees to not ship the Equipment by post.
7. CUSTOMER'S COVENANTS
The Customer agrees with I.P.I. that:
- the Equipment shall remain the property of I.P.I. and the Customer is only a bailee of the Equipment on the terms and conditions set out in this Rental Agreement;
- the Customer shall not sell, charge, pledge or part with possession of the Equipment;
- the Customer shall keep the Equipment at the delivery address specified in the Rental Agreement unless prior written permission has been obtained from I.P.I. to relocate the Equipment elsewhere;
- the Customer shall use the Equipment in a careful and proper manner and not interfere or tamper with or let anyone else do so;
- the Customer shall notify I.P.I. immediately if any judgement or order is levied against the Customer or property of the Customer or if a petition is presented for the liquidation of the Customer or an Administrator or Receiver is appointed or a
scheme of arrangement is proposed;
- the Customer shall permit I.P.I. its agents or servants to enter the premises where Equipment is located at all reasonable times in order to inspect the Equipment or carry out repairs to the Equipment;
- the Customer required and will utilise the Equipment for its business purposes;
- the Customer shall keep the Equipment in a safe and proper location;
- the Customer shall not alter or modify the Equipment without the prior written consent from I.P.I.
- the Equipment shall at all times, whist in the care, custody or control of the Customer, be at the risk of the Customer.
- the Customer accepts full responsibility for all equipment rented, including its use in accordance with any operating instructions provided or Government Regulations. Where the Customer is using communications frequencies are for use only on the dates, at the places and during the times expressed on this Rental Agreement. Use of the frequencies outside the dates, places and times indicated may result in fines from relevant licensing authority which are all payable by the Customer;
- the Customer will in respect of the Equipment comply with all State, Territory and Federal Laws; and
- the Equipment when returned to I.P.I. will not have any information contained in or associated with it which would if received by I.P.I. or any other person be in breach of State, Territory or Federal privacy laws.
I.P.I. warrants that the Equipment rented is for merchantable quality. Nothing in these terms and conditions shall restrict, modify or exclude any conditions, warranties, rights or liabilities which may at any time be implied in this Rental Agreement by any State, Territory or Commonwealth law including the conditions or warranties implied by the Trade Practices Act 1947 as amended where to do so would render any provisions of this Rental Agreement void or unenforceable. Other than expressly provided for in this Rental Agreement the Customer acknowledges that it has not relied upon any statement or representation by I.P.I. in respect of the Equipment or the use of the Equipment by the Customer irrespective of whether or not the Customer's purpose for the use of the Equipment is known to I.P.I. the Customer acknowledges that under no circumstances is I.P.I. responsible or liable for any failure or unsuitability of the Equipment to perform the purpose required by the Customer.
I.P.I. shall at its expense when it deems necessary provide maintenance and recalibration for Equipment and shall use its best endeavours to expeditiously repair or replace Equipment which may Customer. If the Equipment does not operate properly the Customer shall notify I.P.I. and request instructions before taking any action. The responsibility for advising I.P.I. of any need for recalibration rests with the Customer .I.P.I. may at its sole and absolute discretion and for such length of times as it deems expedient replace Equipment with another of such type or model as shall for the time being be available and Equipment so substituted shall be subject to these conditions.
10. EARLY CESSATION
Notwithstanding the rental period I.P.I. expressly reserves to itself the right to require early cessation which may be exercised on demand and at the absolute discretion of I.P.I. If I.P.I. so demands the Customer shall forthwith return Equipment to I.P.I. The applicable rental fee shall be adjusted and payable at the daily rate on the rental agreement for the period between the Rent Start Date and the date the equipment, complete with accessories and undamaged, is returned to I.P.I.
The Customer is responsible for the safekeeping of the Equipment and shall bear the risk of any loss. theft, damage or destruction of Equipment and if the Equipment shall require repair or recalibration or replacement as a result of the Customer's use of the Equipment the Customer shall bear the total cost of any such repair or recalibration or replacement including any freight charges there occasioned. Any repairs carried out by I.P.I. will be charged at our normal hourly rates. The Customer shall pay to I.P.I. the total new replacement cost as assessed by I.P.I. of the equipment which is lost, stolen, destroyed or damaged beyond repair. The Customer shall pay to I.P.I. a reasonable calibration and refurbishing fee in the event that ownership labels, calibration seals or anti-tamper notices affixed to Equipment are removed or defaced. Any item. article, accessory, document or thing supplied in conjunction with the Equipment(including operation manuals) not returned or are returned in damaged condition to I.P.I. upon cessation of the rental period shall be paid for by the Customer with a fee determined by I.P.I. being charged to the account of the Customer. In respect of damage or loss of Equipment (including all accessories), the rental period shall continue, and the Customer shall continue to pay rental until the Equipment has been repaired and returned (including all accessories) to I.P.I., or the replacement cost of new
Equipment of accessories has been paid by the Customer. The Customer indemnifies I.P.I. for all loss or damage suffered as a consequence of such damage or loss to, or failure to return, the Equipment and accessories.
12. CUSTOMER DEFAULT, TERMINATION & REPOSSESSION
- If the Customer is in breach of the Rental Agreement then I.P.I. shall be entitled to treat all damages including any consequential damages incurred. Rental Agreement as breached and repudiated by the Customer and with or without notice accept the repudiation and terminate this Rental Agreement where upon the Customer shall immediately, at its own cost and expense, return the Equipment to I.P.I. and failing such return I.P.I. may repossess the Equipment and charge the Customer for all of its costs and expenses incurred in doing so. Any such termination shall not prejudice any right to recover any unpaid rental and the rights and obligations under clause12. Further I.P.I. shall be entitled to recover all damages including any consequential damages incurred.
- Where the Rental Agreement is terminated under clause 12.1 the Customer consents to I.P.I. entering its premises, or any other premises where the Equipment in located, using such force as is necessary to repossess the Equipment. The Customer must provide I.P.I. with all reasonable assistance in order to locate and collect the Equipment. If the Equipment is not available for collection at the nominated time and or place the Customer will be liable for any additional costs I.P.I. incur. I.P.I. will not be liable for any damage to property caused by any person in collecting the Equipment.
The Customer agrees to indemnify I.P.I. and be responsible for all costs, charges and other liabilities incurred by I.P.I. as a result of the Customer's breach of any of these terms and conditions or as a result of I.P.I. enforcement of any of these terms and conditions or arising out of or in any way connected with the use of the Equipment.
14. SEPARATE ITEMS OF EQUIPMENT
Where more than one item of Equipment ifs supplied under this Rental Agreement, in interpreting this Rental Agreement, in interpreting this Rental Agreement, this singular shall be read as the plural where appropriate and the rental shall be apportioned to each item of Equipment as set forth in the Rental Agreement and the conditions herein set forth shall apply separately to each individual item of Equipment as though each item of Equipment was subject to separate Agreement.
- If the Equipment does not function as warranted or in the event of any breach by I.P.I. of the Rental Agreement then to the extent permitted by law I.P.I. (if any) for any loss, damage or injury whatsoever shall be restricted to the amount of the rental for the duration of the rental period in which the breach occurs and I.P.I. shall not be liable for any item of so called consequential loss. If this Rental Agreement constitutes a supply of goods or services to a consumer, as defined in the Trade Practices Act, as amended, or relevant State or Territory legislation, nothing in this Rental Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Rental Agreement and the goods or the services to be supplied, where to do so would be unlawful. In such case, I.P.I. sole liability for breach of any such condition, warranty or other obligation, including consequential loss, shall limited to:
- replacement of goods; or
- supply of equivalent goods; or
- refund of the invoiced value of the goods; or
- the repair of the goods; or
- in relation to the services;
- the supply of the services again; org) the refund of the original fee
- If the Equipment is returned or repossessed, I.P.I., is not liable to the Customer for any consequential damage or other damage arising out of or by reason of any Customer data or information being contained in the Equipment.
- I.P.I. will not be liable for any failure to deliver the Equipment or perform services under this Rental Agreement if the failure arises as a consequence of fire, embargo, strike, inability to secure materials or labour, or any other matters beyond the control of I.P.I. In addition,
- I.P.I. will not be liable for any delay or failure to deliver by any freight company or delivery service to deliver the Equipment to the Customer or any consequential loss or damage arising in respect of delivery of the Equipment.
16. INTELLECTUAL PROPERTY RIGHTS
All rights pertaining to industrial or intellectual property including but not limited to copyrights patents and trademarks are expressly reserved. The Customer shall not make any copies or authorise any copying of anything supplied such as software programs and operating manuals except with the prior written authority of I.P.I. and the owner/licensor and in accordance with the license terms as applicable. All copies must be delivered up with the Equipment.
17. DAMAGE WAIVER
- I.P.I. has available and may offer at its discretion an optional rental equipment damage waiver facility for certain items of Equipment. If the Customer seeks the waiver and it is available, the rental rate will be increased by a fee. This waiver does not cover theft or loss of the Equipment or damage to the Equipment caused by the negligence of the Customer or to any damage caused to the Equipment other than in the course of its proper use and provided further:
- the Customer notified I.P.I. of the damage within 24 HRS business days;
- the Customer pays to I.P.I. an amount calculated by multiplying the daily rental rate by 30 together with the damage waiver fee within 14 days of date of invoice for this amount. or
- the Customer pays to I.P.I. an amount equivalent to an undiscounted 1 month's rental fee and damage waiver fee within 14 days of date of invoice of this amount.
- The waiver option does not apply and the Customer will continue in all respects to be fully responsible if the damage to Equipment was directly or indirectly the result of:
- Misuse or use contrary to instructions; or
- Malice or any deliberate act; or
- Negligence or want of care; or
- An act or omission by any person who is not the Customer or in the Customer's direct employ; or
- Damage by any cause at or form a place which has not been approved as rental location.
- The waiver option does not apply and the Customer will continue in all respects to be fully responsible if damage was directly or indirectly the result of:
- The Customer is in breach of any item or condition of the Rental Agreement; or
- The Customer fails to fully co-operate with the Police and I.P.I. in relation to any theft, loss or repairs to damaged
- Equipment; or
- The Equipment has a value, or its price, is in excess of $100.000
- The waiver option does not apply and the Customer will continue in all respects to be fully responsible for the return of all accessories and manuals in good order and condition.
- The waiver option does not apply to any item comprising the Equipment which is noted as being excluded on the accessory list provided with the Equipment. The cost for repair or replacement of these items of the Equipment will be invoiced to and payable by the Customer.
These Terms and Conditions constitute the entire agreement between I.P.I. and Customer with respect to the Equipment and shall not be amended except in writing by I.P.I. This rental Agreement shall be governed in all respects by the laws of Victoria and the Jurisdiction of Victoria shall apply to any dispute arising out of this Rental Agreement.
Warranty & Returns
Returns will be accepted in accordance with statutory rights and obligations as defined by the Australian Commonwealth and Victorian State Governments. This includes items that are not fit for purpose or of merchantable quality or do not match the description given. I.P.I. does NOT offer refunds or exchange for change of mind returns.
In the event that a request for return due to change of mind is accepted a restocking fee of 20% will apply to the total sale amount.
All items are to be returned at the expense of the purchaser and a minimum amount of 1 hour service time will be charged if goods are found to be in fit working order or outside of warranty period. Any applicable repair/service and freight charges must be paid on completion of service prior to goods being shipped or collected.
The following is an excerpt from our standard "Conditions of Sale" regarding terms for warranty items:
- Where the Equipment is sold ex-rental, ex-demo or second hand the warranty applying to it in respect of a fault with the Equipment will be for a period of 120 days from the date of delivery unless otherwise stated in the Sale Agreement.
- Where the Equipment is sold new, the warranty and period of warranty in respect of any fault in the Equipment will be the warranty and period of warranty permitted by the manufacturer of the Equipment unless otherwise specified in the Sale Agreement
- The warranty in clause 1 and 2 does not apply:
- Where any fault of the Equipment has been caused by misuse, neglect, accident or abnormal conditions of operation or use contrary to the manufacturer’s recommendations or operating instructions.
- To consumable parts which have ceased working due to normal or improper use, including but not limited to; electrodes/sensors, buffer/calibration solutions, repair and service kits, and batteries.
- at its own expense, repair or replace the Equipment and return the Equipment to the Purchaser at the Purchaser’s expense freight pre-paid, or
- refund to the Purchaser the purchase price upon return of the Equipment.
I.P.I. will not be responsible for any indirect or consequential loss of the Purchaser and the warranty given in clause 7 extend only to the original Purchaser.
Please fill out the Return Material Agreement Form with all goods being returned
Various shipping options have been provided to give you a choice that suits your needs. Pricing is generated dynamically depending on the weight of your order and is provided during the checkout process. The different options and shipping times are listed below.
To ensure delivery is as per the below shipping times orders must be placed before 12noon Australian EST on VIC business days. Please call us on +61 (0) 3 9872 5055 to confirm shipping times if you are placing your order after this time.
Shipping within Australia
Standard Shipping with Insurance - Australia Post - Delivery confirmation and insurance to the value of the order is provided - 2 to 5* Business days (From $10 + GST)
Express Overnight* - Shipped with one of our nominated couriers - Overnight service to capital cities and most major regional centers from time of shipment (on VIC business days), package must be signed for so address supplied needs to have someone available to accept the package. Insurance and tracking is included (From $25 + GST)
DHL Express - Express Economy service. Shipping rates will vary according to delivery address and weight and dimensions of parcel. Signature on delivery required and tracking and insurance to the value of the goods provided - 5 to 10* working days
*Delivery times listed only apply from time of dispatch from our warehouse. Industrial Precision Instruments will not be held responsible for delivery delays due to freight companies. It is the responsibility of the customer to ensure that someone will be available at the nominated delivery address to sign for goods if necessary. Industrial Precision Instruments reserves the right to change freight provider at any time to one of a comparable service standard.