Ex‐works unless otherwise stated. Freight and insurance is the responsibly of the customer but Abberfield will organise freight on the customer’s behalf.
2. Terms Of Payment
Unless the parties make a written agreement, payment for the supply of goods or services shall be made within seven (7) days of despatch of goods. For customers with an approved account, payment shall be made on a monthly basis. Unless payment is so made the account shall be deemed overdue and interest may be charged on any account exceeding these terms at the rate chargeable from time to time pursuant to Section 39A of the Local Courts (Civil Claims) Act 1970 as amended.
Until paid for in full, goods and services provided by Abberfield Industries remain the property of the company.
4. Progress Payments
If the parties so agree in writing, payments for the supply and installation or development of projects shall be made by way of progress payments. Unless payment is made in accordance with such written agreement the account shall be deemed overdue and interest may be charged in accordance with clause 2 above.
5. Variations in Price
The company shall be entitled to adjust prices to allow for fluctuation in Customs and Excise duty, Goods and Services Tax or any other Government impost.
All goods, which are manufactured by the company, are guaranteed against faulty workmanship, material or design for a period of 12 months from delivery. The guarantee is conditional, on payment being made and on the equipment being installed, serviced and maintained in accordance with good practice, or where relevant Abberfield’s technical literature. Equipment under warranty should be returned freight paid for repair, or replacement. Service at the customer’s site will be covered by warranty, subject to Abberfield’s labour and travelling costs of attendance being to the customer’s account. Any shortages of delivery or damage in transit must be notified to the company in writing within fourteen (14) day as of delivery otherwise the claim may not be recognised.
7. Intellectual Property Rights
Unless specifically agreed in writing by a Director of Abberfield Industries, the company retains all intellectual property rights for any equipment it designs or produces.
8. Exclusions & Warranties
To the extent permitted by law: Abberfield Industries shall not be liable for any form of damages in connection with or arising out of the supply, performance or use of the equipment, or any part thereof, or any failure to supply the equipment, or any part thereof.
Unless prior authorisation is given, no returns will be accepted for credit and on no account will freight be paid on goods returned by air, overnight or road transport.
The contract shall be governed by New South Wales law and the New South Wales courts shall have jurisdiction to determine any dispute arising thereof. Abberfield Industries are bound by these terms and conditions, but Abberfield’s policy is to produce quality product and provide quality service, so minimal warranty support should be required. However senior management are available to discuss or negotiate resolution to any issue, to preserve the company’s reputation and support the company’s valued customers.