Conditions of Sale
All prices are subject to change without notice and all orders are accepted by OnSolution Pty Ltd on the condition that they will be invoiced at the prices ruling at the date of dispatch. All prices shown in price lists and catalogues are recommended prices only. Distributors may resell the products at any price.
Cartage, Taxes and Duties
Unless specifically stated, all prices do not include cartage, taxes and duties. A reasonable additional charge for site delivery and all government charges taxes and duties will be added to the invoice.
Risk and Title Reservation
Goods sold by OnSolution Pty Ltd to the Customer are at the Customer’s risk on delivery, but title in them does not pass until all money due on every account by the Customer to OnSolution Pty Ltd has been paid.
OnSolution Pty Ltd is entitled to progressive payment for progressive goods deliveries. Where full delivery is not possible, OnSolution Pty Ltd will contact the customer to confirm partial delivery.
Stock Returns and Credits
Stock made to order, or specially ordered for the Customer is not returnable unless it is faulty. Other undamaged stock in its original condition and packaging may be returned to OnSolution Pty Ltd within 30 days of sale provided that prior written agreement has been obtained. The Customer is not entitled to any credit for returns until an OnSolution Pty Ltd credit note is issued. A restocking fee of 25% of the original price may be deducted from a credit note. A claim for credit must be made within 7 days of delivery.
Compensation by OnSolution Pty Ltd
If OnSolution Pty Ltd does not meet its obligations, whether in contract, tort or otherwise, compensation by it is limited at its option to: Repairing the faulty goods, or Refunding their purchase price.
A twelve-month warranty applies to the majority of products. Faulty goods may be returned to OnSolution Pty Ltd for repair. They will be repaired at no charge provided that they are in the warranty period. This warranty does not cover Acts of God, abuse, misuse, abnormal usage, faulty installation, improper maintenance or any alterations or repairs undertaken or attempted other than by OnSolution Pty Ltd or its authorised agents. OnSolution Pty Ltd’s obligation under this warranty is limited to the repair or replacement of defective parts and it will not be liable for loss of time, inconvenience, recertification or any other damage, consequential or otherwise.
If any part of these clauses is unenforceable, all other provisions remain intact.
If OnSolution Pty Ltd fails to enforce its rights from time to time; it is not prevented from insisting on strict performance at a later time.
OnSolution Pty Ltd shall not incur any financial penalty due to delays in completion of the work within the time offered for completion as a result of non-availability of components. The goods supplied by OnSolution Pty Ltd are designed to reduce the risks of loss and/or injury to persons to the extent that is reasonably practical by use of its products. OnSolution Pty Ltd shall not be liable in the event of any particular loss, damage or injury due to malfunction or misuse of such equipment.
OnSolution Pty Ltd products are not authorized for use in, or in connection with Surgical implants, or as critical components in any medical, or aircraft, or other transportation devices or systems where failure to perform can reasonably be expected to cause significant injury to the user. Such use is at thebuyer’s sole risk, and buyer is responsible for verification and validation of the suitability of products incorporated in any such devices or systems. The buyer agrees that OnSolution Pty Ltd is not liable, in whole or in part, for any claim or damage arising from such use and shall have no obligation to warranty such products. The buyer agrees to indemnify, defend and hold OnSolution Pty Ltd harmless from and against any and all claims, damages losses, costs, expenses and liabilities arising out of or in connection with the buyer’s use of OnSolution Pty Ltd products in such applications.
The Customer may use OnSolution Pty Ltd’s plans, drawings and specifications within the limits of written OnSolution Pty Ltd’s authority; copyright is otherwise reserved to OnSolution Pty Ltd.
If a credit arrangement has been offered to a customer, full payment must be made within the agreed upon days after delivery of the goods. Unless specifically agreed to in writing, a default of 14 days credit will be provided to customers. OnSolution Pty Ltd may at any time deny credit, or refuse to complete orders.
Default in Payment
Interest is payable on overdue amounts from the dates they were each first incurred in accordance with section 58 of Supreme Court Act 1986.