| Hinco Instruments Pty Ltd A.B.N. 21 650 690 270 Terms & Conditions of Sale & Service Unless Hinco Instruments (Hinco) agrees in writing to any alteration or other conditions, the Buyer’s order is accepted subject to the following conditions. Wherever used “Goods” means items quoted and any other associated equipment, accessories or services supplied by Hinco. These conditions of sale can be viewed upon request. 1 Payment Terms a) All amounts owing to Hinco are to be paid in full within thirty (30) days from invoice date (unless otherwise agreed by Hinco in writing) and the Buyer will not be entitled to any deduction in respect of any set-off or counter-claim against Hinco. b) Until full payment is received by Hinco the Property in the Goods shall remain with Hinco and the Buyer shall keep the Goods as a custodian for Hinco. c) All costs incurred by Hinco, including legal fees and fees paid to third parties to pursue any amounts unpaid by the Buyer, shall be for the Buyer’s account. d) Hinco shall be entitled before delivery or continuing delivery, to ensure that sufficient security for the fulfilment of the payment obligations is provided, or payment made in advance by the Buyer. e) Hinco reserves the right to immediately cancel any order or suspend any delivery without incurring any liability to the Buyer if the Buyer is overdue with any payment, enters bankruptcy, a composition with its creditors, an administrator, liquidator, or provisional liquidator is appointed. g) Hinco shall suspend any delivery without incurring any liability to the Buyer upon becoming aware of any factors which in its opinion may affect the Buyer’s financial stability. Deliveries will only resume if the Buyer can satisfy Hinco that it has the capacity to pay its debts. 2 Delivery and Force Majeure a) Hinco does not guarantee ex-stock availability of Goods and shall not be liable for any loss or damage arising because of the non-availability of Goods. b) Hinco shall use its reasonable endeavours to meet a Buyer’s requested delivery date, depending upon the availability of the Goods. However, Hinco shall not be liable to the Buyer for any loss, including consequential loss or damage caused by any delay or failure to deliver Goods due to any cause or circumstances beyond its reasonable control. c) Hinco shall use its reasonable endeavours to fulfil any contract based on quotations, however this may be subject to variation or cancellation owing to War, Strikes, Lockouts, Fire, Flood, Drought, or any other cause beyond its control. d) The Buyer will not be relieved of any obligation to accept or pay for the Goods by reason of any delay or cancellation of the goods in transit. 3 Claims a) The Buyer shall inspect all goods upon delivery and Hinco shall not be liable for short delivery, delivery of incorrect Goods, damaged Goods, or non-delivery of Goods unless the Buyer submits a written claim to Hinco within seven (7) working days of the delivery of the Goods. b) Hinco will not recognise claims for incorrect application or use of the Goods and the responsibility to verify that the Goods have or will be used in the correct application rests with the Buyer. 4 Cancellation and Returns a) Goods may not be returned more than one (1) month after the date of the applicable invoice. b) The Buyer may only return Goods for credit providing the following conditions are met: i) written approval has first been obtained from Hinco ii) the Goods are returned in original condition, in original packaging if required by Hinco iii) return freight and insurance are prepaid by the customer iv) the Buyer agrees to pay a restocking fee if required by Hinco 5. Buyer Responsibility a) It is up to the Buyer to ensure that all electrical equipment, instruments, and accessories are installed by an appropriately licensed Instrument Technician, Electrical Contractor, Plumber or relevant qualified tradesperson and that local rules and regulations are followed. b) The Buyer assumes all risk for any failure that may occur because of improper installation. c) The Buyer is responsible for making sure that equipment installation and design meets any Local Regulations, Australian Standards, and Environmental Regulations. 6. On-Site Work a) Upon arrival at a site, our team will conduct a preliminary inspection of the equipment and site conditions to ensure they meet our safety and operational standards. b) If, during inspection, the equipment appears to be in disarray, damaged, or otherwise non-conforming to industry standards, we reserve the right to refuse to carry out the scheduled work. This also applies if the nature of the equipment or work is different to what was described prior to quoting. c) We prioritize the safety of our personnel and the operational integrity of the work. If the site or equipment poses any potential risks or does not comply with the required safety regulations, we will halt the work until the issues are resolved. 7. Suspension of Work a) In the event where work is suspended due to non-conforming equipment, we will immediately notify the client, providing details of the identified issues. b) The client will be responsible for rectifying any issues to bring the equipment or site conditions into compliance. Work will resume only once our team is satisfied that all safety and operational standards are met. c) Any delays caused by non-compliance or the need for additional visits to the site to inspect or re-assess equipment may incur additional costs, which will be the responsibility of the client. d) We shall not be held liable for any delays or additional costs arising from the suspension of work due to equipment disarray or non-compliance with the required standards. 8. In-House Equipment Repair/ Calibration a) We strive to repair and service equipment to the best of our abilities. However, certain equipment may be beyond our expertise, resources, or capabilities. b) We reserve the right to refuse repair or calibration services for any equipment that, after assessment, is deemed: i) Irreparable ii) Outside the scope of our technical capability iii) Unsafe to repair iv) Or requires specialized tools or parts that we do not have access to. c) In the event that we determine your equipment cannot be repaired or serviced, we will promptly notify you and provide, where possible, an explanation for our decision. d) If we refuse to repair your equipment, you are under no further obligation to use our services for that piece of equipment. |
