GENERAL
Unless otherwise agreed by NATURAL POWER SOLUTIONS PTY LTD or their
affiliated companies (hereinafter referred to as NATURAL POWER SOLUTIONS)
and the PURCHASER in writing, the following terms and conditions
of sale of goods between NATURAL POWER SOLUTIONS and the PURCHASER
supersede any terms or conditions which may be stipulated in the
PURCHASER's purchase order or other document not expressly
agreed to in writing by NATURAL POWER SOLUTIONS.
SPECIFICATIONS
Any and all specifications referred to in NATURAL POWER SOLUTIONS'
catalogue are meant only as a general guide and may be modified
by NATURAL POWER SOLUTIONS without prior notice at any time before
or after the acceptance of the PURCHASER's order.
ORDERING CODE AND PRODUCT DESCRIPTION
All NATURAL POWER SOLUTIONS products have an ordering code and product
description. All orders are to clearly state the ordering code or
product description to ensure accurate processing of your order.
PRICING AND QUOTATIONS
Pricing is available by contacting NATURAL POWER SOLUTIONS. Discounts
are applicable on most products for bulk orders. NATURAL POWER SOLUTIONS
reserves the right to change pricing at any time unless a firm quotation
has been issued. Quotations are limited to 30 days from the quotation
date unless otherwise specified.
ORDERS
Orders and variations to an order must be received in writing.
DELIVERIES AND ACCEPTANCE
In the event that shipment and/or delivery of the goods or any part
thereof is delayed by reason of the acts or omissions of the PURCHASER
and/or of its agents/contractors, the PURCHASER shall be liable
to pay for all the expenses incurred by NATURAL POWER SOLUTIONS
in connection with the storage, transportation and maintaining of
goods including but not limited to demurrage, cost of preparation
for the storage and charges for extending banking or finance facilities
such as inter alia, letters of credit and trust receipt facilities
and insurance.
The PURCHASER shall inspect the goods on delivery and shall inform
NATURAL POWER SOLUTIONS within two weeks of the receipt of goods.
In the event that the PURCHASER fails to act immediately, the PURCHASER
is deemed to have accepted the goods and their condition.
WARRANTIES AND REPAIRS
The warranty period begins at the invoice date. Invoices must be
retained as proof of purchase. If service is required within the
warranty period a Return Authority number should be obtained from
NATURAL POWER SOLUTIONS. The warranty does not cover any damage
caused by corrosion, liquid spillage, leaking batteries, overloading
or any deliberate or accidental abuse.
Items returned for credit must have a proper authorisation. A restocking
fee of 15% will apply for ordering the wrong product. Goods returned
must be in original packing. No credit will be issued after a period
of 30 days.
DAMAGED GOODS
All claims for damaged goods must be reported immediately. Do not
open a package if you suspect contents may be missing or damaged.
Contact NATURAL POWER SOLUTIONS for advice.
BACK ORDERS
Temporarily out of stock products will be automatically placed on
backorder and customers will be notified when the goods become available.
If lead times become excessive or products discontinued, we may
offer substitute products of equivalent or higher value. Where substitutes
are available at lower prices, we will pass the savings on to you.
NATURAL POWER SOLUTIONS reserves the right to vary prices and specifications
without notice.
LIGHTNING DAMAGE
NATURAL POWER SOLUTIONS products are designed to protect against
sags, surges and general lightning conditions. However products
such as modems, AC adaptors and PCB's are susceptible to substantial
surges caused by lightning. NPS cannot provide a 100% guarantee
against lightning damage for these products.
FREIGHT
Goods are usually dispatched by overnight road transport. The cost
of freight will be added to your invoice total unless otherwise
arranged. Inward freight must be paid by the sender, this includes
warranty items. No stock is to be received if freight cost is charged
to us. Large orders are to be organised with specific freight cost.
LIABILITY
The way in which our products are used is completely beyond our
control. Therefore we cannot be held responsible for damage or destruction,
consequential or otherwise, of equipment or articles associated
with or used in conjunction with our products. The protection level
of our lightning and surge products is guaranteed only to their
relevant specifications (and tested). We accept no responsibility
for equipment connected to these products. (Though the higher the
specification the higher the protection level).
COST OF RECOVERY / ENFORCEMENT OF RIGHTS
In the event that the PURCHASER breaches any of its obligations
under this contract or its duties to NATURAL POWER SOLUTIONS (which
shall include its employees, agents and/or contractors) whether
tortuous, statutory or otherwise, the PURCHASER shall be liable
to pay and/or indemnify NATURAL POWER SOLUTIONS for all costs, expenses,
fees and charges incurred in connection with the demand, commencement
of legal action and prosecution of claims against the PURCHASER
on a full indemnity basis.
GOVERNING LAW AND JURISDICTION
The contract herein shall be subject to the laws of Australia and
all its disputes, disagreement, claims and demands shall be subject
to the exclusive jurisdiction of the Courts of Australia.
PAYMENT TERMS AND CONDITIONS
Payment terms are cash on delivery. Applications for credit account
will be considered after a history of trading terms. For your convenience
there are several methods of payment:
- Visa, MasterCard and Bankcard
- Flexirent
- Direct deposit to nominated NATURAL POWER SOLUTIONS account
- Bank cheque
- Commercial cheque on fixed trading arrangement
Title to goods shall not pass
to the PURCHASER until the amount owed is fully paid and cleared
by the bank. The PURCHASER further agrees to do all things required
to protect NATURAL POWER SOLUTIONS' ownership and title to
the goods and not to do anything prejudicial or in any way affecting
NATURAL POWER SOLUTION's ownership and title to the goods
without the written consent of NATURAL POWER SOLUTIONS.
FORCE MAJEURE
NATURAL POWER SOLUTIONS shall not be liable for any non-performance,
or failure or delay in the performance of its obligations under
the contract herein resulting from any cause beyond their reasonable
control or due to compliance with any regulations, order, acts,
instructions or priority request of any Government agency or any
department or agency thereof, civil or military authority or due
to the acts or omissions of the PURCHASER, acts of God, fires, flood
or other weather conditions, strikes, factory shut downs, breakdown
of plant, delay in transport, harbour congestion or detention. The
receipt of goods by the PURCHASER further constitutes a waiver of
any claims which the PURCHASER may have (if any) against NATURAL
POWER SOLUTIONS.