The following conditions apply to all sales. Ionode is the supplier.
1. Limits of Supplier’s Obligation
Our legal obligation is based solely on our written acknowledgment of order and on no other document. We reserve the right to make technical changes during the period of delivery; this will however not reduce the performance of the equipment supplied.
2. Price
The agreed price is subject to contract. Prices are ex-works Brisbane Australia, normal packaging included. Transit packaging, freight, handling, delivery charges and all local taxes are payable by purchaser.
3. Minimum Order Value
The net order value should not be less than $100.00.
4. Terms of Payment
Payment shall be made to the office of supplier in Brisbane, Australia, according to the payment conditions stated in the offer and/or order acknowledgment. Invoices are to be paid 30 days from date of invoice. Trading outside our Terms and Conditions may result in suspension of your account.
5. Period of Delivery
All delivery times in our offers are approximate and not legally binding. Delivery is subject to receipt of all relevant documents, full compliance with the terms of payment and other relevant duties. The period of delivery may be extended due to unforeseen events such as war, riots, strike or late delivery by our own suppliers. Claims for indemnity against late or delayed delivery are excluded in all circumstances.
6. Transit Liability
Delivery is at the purchaser’s risk. The risk shall pass to the purchaser as soon as the goods have left the factory.
7. Notice of Defects
The purchaser is obliged to examine the delivery item immediately upon receipt and to report to us in writing any apparent defects or other complaints with respect to incomplete or incorrect delivery at the latest within 10 working days after receipt of goods. If the purchaser neglects this obligation, he may forfeit all rights to warranty claims.
8. Warranty
Unless agreed otherwise, we warrant the correct functioning of the products supplied by us for a period of twelve months from date of purchase. This warranty does not cover defects due to fair wear and tear, improper use/treatment or changes/repairs of the delivery item carried out by the purchaser or a third party. Returns for change-of-mind are not accepted.
If the item supplied by us proves to be defective or unable to function as assured, we are obliged to either supply a replacement within a reasonable period or rectify the fault.
9. Reservation of Ownership
The delivery item remains our property until all outstanding accounts arising from the business connection with the purchaser have been settled. The goods under reservation of ownership may not be resold by the purchaser nor is he permitted to dispose of these goods in any other way without our prior consent. If our retention of title lapses because of resale or further processing, the purchaser at the present time already relinquishes to us all corresponding rights, claims and receivables due to him.
In the event of the purchaser’s default in payment, we are entitled to take back the goods under reservation of ownership after previous dunning (written notice), while the purchaser is obliged to hand over these goods.
10. Place of Fulfilment and Jurisdiction
In trade and commerce, Brisbane, Queensland, Australia, is agreed as place of fulfilment for deliveries, performances and payments. Furthermore, Brisbane is also agreed as place of jurisdiction in trade and commerce.
The legal relations between us and the purchaser are regulated exclusively by the substantive law of the Commonwealth of Australia. Any partial nullity of the above stipulations does not entail total nullity.