Terms and Conditions
- General
The acceptance of our quotation deems to include the acceptance of our following Terms and Conditions for services and Sale of goods. The Customer agrees to be bound by these Terms from the time it requests a Quotation from ECS (Equitec Calibration and sales Pty ltd) for the Services or the purchase of the Goods or otherwise engages ECS after the receipt of the Terms.
- Prices
2.1 Quoted price is shown in Australian Dollars excluding 10% GST. ECS will provide tax invoice for eligible customers to claim the tax benefit. If there is any change in the rate of GST imposed by Govt, during execution of the order, same will be borne by customers.
2.2 The quoted prices are valid for 30 days from the date of quotation, thereafter same will be subject to our written confirmation.
2.3 The price list of sales of good is maintained for specified period but manufacturer’s product price may change without notice and the same may be borne by customers.
2.4 An event of customer request for any change, additions or price variation in scope of services over and above mentioned in quotation or as agreed by the parties in writing after placement of an order, same will be carried out after getting revised price confirmation by customer.
2.5 Quoted price may be negotiated to the extent if possible.
Price Variation
- ECS determines during a calibration service that repair of equipment requires or replacement which was not considered in quoted price or agreed by parties.
- There is a change, addition, variation of the Equipment or the Goods as outlined in the Quotation or as agreed by the parties in writing.
- ECS determines during a calibration service that the equipment requires adjustment to put in original function as per designed specification other than minor adjustment.
- If customer equipment found in a incompatible condition for calibration and is required to clean.
- Payment
3.1 Customers whom credit facility provided by ECS, payment including if any variation payment will be made within 30 days from the date of work completed against services and goods supplied by ECS.
3.2 If customers do not have any credit facility provided by ECS, payment including if any variation payment will be made by customers before delivery or collection of goods.
3.3 It may be a sole decoration of ECS to cancel the provision of credit facility, if payment due is not paid within specified period of time. Unless otherwise agreed by ECS in writing, payment against services and sales of product shall be paid without any deduction or demand.
3.4 If there is delay in payment for the agreed period, customer agrees to pay an overdue interest at the rate prescribed from time to time pursuant to Section 94 of Supreme Court Act of NSW or any subsequent amendment. The overdue interest will be calculated daily basis for delayed period.
- Delivery
4.1 The equipment are goods will be collected from location indicated in ordered contract documents unless specified by ECS.
4.2 ECS will arrange packing and delivery of equipment or good. The packing and delivery charge will be included in invoice for payment. Also, ECS will arrange packing and delivery of the Equipment or the Goods to the Customer utilising the carrier nominated by the Customer on the Quotation.
4.3 ECS will not be responsible to customer for any damage or loss of equipment or goods delivered to carrier.
4.4 If customer found any defect in supply of equipment or goods must be reported to ECS within two days from date of receipt of material.
4.5 In case of return of goods /equipment customer have to get approval from ECS in writing.
- Insurance
Insurance will be arranged by customer for equipment or good to be delivered by nominated carrier by ECS or Customer. The delivery details will be communicated by ECS to customer.
- Commencement of work
ECS do not commence the work or supply of product until customer has agreed the quoted price within validity of quotation and acceptance of customer and issuing an order.
- Retention of Titles
Unless all the payment payable to ECS is not paid by customer in full, the title of product shall not be passing on to customer. The product will be stored separately by ECS at customer’s risk till all the due payment will be paid by customer.
- Force Majeure
No liability shall be attached to the ECS for non-performance or delayed execution of the
order due to force majeure condition such as natural phenomena, accident, strikes, shutdown,
Lock-out, imposition of sanction on imported goods etc
- Liabilities
ECS is not liable for any loss, claim, damage or injury suffered in respect of supply of product or services to be provided. ECS is not liable to customer in respect of excluded warranty or condition shall be limited to the extent possible for supply of goods, repair and replacement or services.
- Personal Property Securities (“PPSA”)
In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
10.1 Upon assenting to these terms and conditions in writing the Client acknowledge and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by ECS to the Client.