Unless specifically provided on the face, the prices set forth on
the face here of are MDSA Pty Ltd domestic prices based upon
manufacture of the quantity and type ordered for shipment and end
use within Australia only. All products shipped for end use outside
of Australia shall be subject to MDSA Pty Ltd international prices
and do not include warranty service or installation outside
Australia. Prices are subject to revision when engineering changes,
or changes in quantity or quality are caused or requested by buyer.
Clerical errors made by MDSA Pty Ltd are subject to correction.
Specifications set forth in sales literature are not guaranteed
unless previously certified in writing. MDSA Pty Ltd may, without
affecting the obligations under this invoice, make insignificant
changes to the specifications of the product or products delivered
under this invoice from those contained in sales literature.
TERMS OF PAYMENT
Terms of payment on this invoice are net 30 days after invoice date
unless otherwise specifically stated on the face here of. Invoices
are payable at par on date due at any place of collection
designated by MDSA Pty Ltd in funds bankable at par. Service
charges of 3% per month or, if less, the maximum permitted by
applicable law may be charged on past due accounts. All orders are
accepted subject to, and the obligation of MDSA Pty Ltd to make
deliveries is subject to, the right of MDSA Pty Ltd to require of
Buyer payment of all or any part of the purchase price in advance
of delivery or to make shipment C.O.D. If Buyer fails to make
advance payment when requested to do so by MDSA Pty Ltd, or if
Buyer is or becomes delinquent in the payment of any sum due MDSA
Pty Ltd (whether or not arising out of this invoice) or refuses to
accept C.O.D. shipments, then MDSA Pty Ltd shall have the right, in
addition to any other remedy to which it may be entitled in lay or
in equity, to cancel this invoice, refuse to make further
deliveries, and declare immediately due and payable all unpaid
amounts for good previously delivered to Buyer. MDSA Pty Ltd hereby
retains (and Buyer grants to MDSA Pty Ltd) a purchase money
security interest in the Equipment and the proceeds therefrom to
secure payment therefor and a special power of attorney limited to
signing and filling such documents as may be required to perfect or
continue such security interest. Each shipment shall be considered
a separate and independent transaction and payment therefor shall
be made accordingly.
All shipments are, unless otherwise specifically provided, F.O.B
factory. MDSA Pty Ltd obligations to effect shipment of the
products purchased by Buyer shall be fully discharged, and
ownership, legal title, and all risk of loss or damage shall pass
to Buyer at point of shipment subject to MDSA Pty Ltd security
interest. All claims for losses due to product defects, product
shortages and damage to the products in transit shall be waived
unless made in writing by Buyer within the earlier or (i) ten (10)
days after the first delivery of the products or (ii) thirty (30)
days after the delivery of the products by the international
carrier at the first port of entry reached by the products outside
Australia. If Buyer shall fail or refuse to accept delivery of any
product for unverifiable claims for product defects, product
shortages or damage to the product occurring to transit, all sums
paid on deposit shall be retained by MDSA Pty Ltd as liquidated
damages, provided, however, that MDSA Pty Ltd may recover in full
its actual damages from Buyer in the event that actual damages
exceed the amounts retained as liquidated damages. The scheduled
shipping or delivery date shown on the face hereof is MDSA Pty Ltd
best estimate of the order will be shipped.
Should termination occur after shipment, Buyer will be billed for
transportation both ways and be subject to a 20% restocking plus
refurbishment, if required. Prior to shipment, with MDSA Pty Ltd
consent, Buyer agrees to a 10% cancellation fee.
Federal, state, or local excise, sales or use taxes, import or
custom duties, import value added taxes, license fees and similar
charges, however designated, shall be paid by the Buyer. Exemption
Certificates must be presented prior to shipment if they are to be
Subject to the exceptions and upon the conditions stated below,
MDSA Pty Ltd warrants that the products sold under this invoice
shall be free from defects in the workmanship and materials for one
year after delivery of the products to the original Buyer by MDSA
Pty Ltd, and if any such product should prove to be defected within
such one year period MDSA Pty Ltd agrees, at its option (i) to
correct by repair or, at MDSA Pty Ltd election, by replacement with
equivalent product and such defective product, provided that
investigation and factory inspection discloses that such defect
developed under normal and proper use or (ii) to refund the
purchase price. The exceptions and conditions mentioned above are
(a) exchange, service, and/or factory repaired components are
warranted for (90) days from ship date, from factory.
(b) components or accessories manufactured by MDSA Pty Ltd which by
their nature are not intended to and will not function for one year
are warranted only to give reasonable service; what constitutes
reasonable shall be determined solely by MDSA Pty Ltd.
(c) MDSA Pty Ltd makes no warranty with respect to components or
accessories not manufactured by it, in the event of defect in any
such component or accessory, MDSA Pty Ltd will give reasonable
assistance to the Buyer in obtaining from the respective
manufacturer what ever adjustments is authorised by the
manufacture’s own warranty.
(d) any MDSA Pty Ltd product claimed to be defective must, if
required by MDSA Pty Ltd , be returned to the factory,
transportation charges prepaid, and will be returned to Buyer with
transportation to collect unless the product is found to be
defective due to workmanship or materials, in which case MDSA Pty
Ltd will pay all transportation charges.
(e) if the product is disposable or the like, it is warranted only
to conform to the quantity and content and for the period stated on
the label at the time of delivery..
(f) MDSA Pty Ltd may from time to time provide a special or
extended printed warranty with respect to a certain product, and
where applicable, such warranty shall be deemed incorporation
herein by reference.
(g) MDSA Pty Ltd shall be released from all obligations under all
warranties, either express or implied, if any product covered
hereby is repaired or modified by persons other than its’ own
authorised service personnel unless such repair by others is made
with the written consent of MDSA Pty Ltd.
IT IS EXPRESSLY AGREED THAT THE ABOVE WARRANTY SHALL BE IN LIEU OF
ALL WARRANTIES OF FITNESS AND OF THE WARRANTY OF MERCHANTABILITY
AND THAT MDSA PTY LTD SHALL HAVE NO LIABILITY FOR SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND OR FROM ANY CAUSE WHATSOEVER
ARISING OUT OF THE MANUFACTURE, USE, INABILITY TO USE, SALE,
HANDLING, REPAIR, MAINTENANCE OR REPLACEMENT OF ANY OF THE PRODUCTS
SOLD UNDER THIS INVOICE.
Representations and warranties made by any person, including
dealers and representatives of MDSA Pty Ltd, which are inconsistent
or in conflict with the terms of this warranty, shall not be
binding upon MDSA Pty Ltd unless reduced to writing and approved by
an expressly authorised officer of MDSA Pty Ltd.
MDSA Pty Ltd shall be entitled to cancel or rescind this invoice
without liability for loss or damage resulting therefrom if any
product covered by this invoice is purchased for end use outside of
the Australia or therefrom if any product covered by this invoice
is in any way adversely affected by the occurrence of any
contingency beyond the control either of MDSA Pty Ltd or MDSA Pty
Ltd suppliers, including but not limited to war (whether an actual
declaration thereof is made or not), sabotage, insurrection, riot
or other act of civil disobedience, act of a public enemy, failure
or delay in transportation, act of any government or any agency or
subdivision thereof affecting the terms of this sales order or
otherwise, judicial action, labor dispute, accident, fire,
explosion, flood, storm or other act of God, shortage of labor,
fuel, raw material or technical or yield failure where MDSA Pty Ltd
has exercised ordinary care in the prevention thereof.
DISCLOSURES OF COST RECORDS
MDSA Pty Ltd at its sole discretion, reserves the right to accept
as part of any contract and/or purchase any such clause as pertains
to disclosure of cost records pertaining to this transaction,
currently in effect or as may be promulgated by any Federal, state,
local or private agency or other entity. Further, this clause is
MDSA Pty Ltd’s blanket exception to aforementioned disclosing of
cost records, and no further statement by MDSA Pty Ltd of exception
will be provided unless requested by Buyer.
This shipment will be delivered in perfect condition and signed for
by the transportation company. Consignor’s responsibility ceases
upon delivery of goods to carrier. Do not accept shipments showing
evidence of damage or shortage until agent of carrier endorses
notation to this effect on face of transportation receipt. Without
this documentary evidence, claim cannot be filed. The carrier is
responsible for concealed damage as for visible damage in transit.
Unpack shipment promptly after receipt as there may be concealed
damage even though no evidence of it is apparent. When concealed
damage is discovered, cease further unpacking of the unit involved
and immediately request inspection by local agent or carrier agent
and written report of his finds to support claim.
Check the number of packing cases or any packing material until
contents have been checked and found correct.
Filing claim for damage or shortage is a simple and routine
procedure if agent of carrier is given an opportunity to make an
inspection of the shipment. He will inform you how to proceed.
Report of irregularities, shortages or damage must be made within
ten (10) days.
PARCEL POST SHIPMENTS
In the event of damage to a parcel post shipment, please notify us
at once advising your purchase order number and our packing slip
number and state the extent of the damage. This will enable us to
establish your claim and make replacement. Please retain the damage
material until we advise disposition of same. Make all claims
within ten (10) days.
A return Goods Authorisation Number must be obtained from MDSA Pty
Ltd before returning any material.