Marine Rescue Technologies sMRT AU10 User Manual page 25

sMRT AU10 User Manual v1.8
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(a) These Conditions shall:
(i) apply to and be incorporated in the Contract; and
(ii) prev ail ov er any inconsistent terms or clauses contained in or ref erred to in the Customer's purchase
order, conf irmation of order, or specif ication, or implied by law, trade custom, practice or course of
dealing.
(b) No addition to, v ariation of , exclusion or attempted exclusion of any term of these Conditions shall be
binding on the Supplier unless in writing and signed by a duly authorised representativ e of the Supplier.
(c) Each of the Supplier and the Customer warrant to each other that it has f ull capacity and authority to
enter into and perf orm the Contract, and that those signing the Contract are duly authorised to bind the
party f or whom they sign.
3 Basis of Sale
(a) Any quotation is v alid f or a period of 30 day s only , and the Supplier may withdraw it at any time by
notice to the Customer.
(b) Each order or acceptance of a quotation f or Equipment by the Customer shall be deemed to be an
of f er by the Customer subject to these Conditions. The Customer shall ensure that its order is complete
and accurate.
(c) A binding contract shall not come into existence between the Supplier and the Customer unless and
until the Supplier issues a written order acknowledgement to the Customer, or the Supplier deliv ers the
Equipment (as appropriate) to the Customer (whichev er occurs earlier).
(d) The Supplier may deliv er the Equipment by separate instalments. Each separate instalment shall be
inv oiced and paid f or in accordance with the prov isions of the applicable Contract. Each instalment shall
be a separate Contract and no cancellation or termination by either party of any one Contract relating to
an instalment shall entitle the Customer to repudiate or cancel any other Contract or instalment.
(e) No order f or Equipment which has been acknowledged by the Supplier may be cancelled by the
Customer, except with the agreement in writing of the Supplier and prov ided that the Customer
indemnif ies the Supplier in f ull against all loss (including without limitation loss of prof it), costs (including
without limitation the cost of all labour and materials used), damages, charges and expenses incurred by
the Supplier as a result of cancellation. Details of cancellation charges is av ailable f rom the Supplier upon
request.
(f ) Certain Sof tware products require product activ ation prior to being f ully enabled. Orders f or Sof tware
purchases may not under any circumstances be cancelled af ter product activ ation, including those
purchases and/or downloads originating through a web-based transaction.
(g) The United Nations Conv ention on Contracts f or the International Sale of Goods shall not apply to any
Contract made subject to these Conditions.
4 Quantity and Description
(a) The quantity and description of the Equipment shall be as set out in the Supplier's acknowledgement of
order or (if there is no acknowledgment of order) quotation.
(b) All samples, drawings, descriptiv e matter, specif ications and adv ertising issued by the Supplier, and
any descriptions or illustrations contained in the Supplier's catalogues or brochures are issued or published
f or illustrativ e purposes only and they do not f orm part of the Contract.
(c) Any ty pographical, clerical or other error or omission in any sales literature, quotation, price list,
acceptance of of f er, inv oice or other document or inf ormation issued by the Supplier shall be subject to
correction without any liability on the part of the Supplier.
(d) The Supplier reserv es the right (but does not assume the obligation) to make any changes in the
specif ication of the Equipment which are required to conf orm with any applicable legislation or, where the
Equipment is to be supplied to the Customer's specif ication, which do not materially af f ect their quality or
perf ormance.
5 Prices
(a) All prices are exclusiv e of deliv ery , packaging, packing, shipping, carriage, insurance, VAT and other
taxes, lev ies, assessments, charges and duties applicable to the sale of the Equipment and import into
the destination country . If any exemption f rom any taxes, duties or other charges is claimed, the
Customer must prov ide appropriate written ev idence to the Supplier.
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