CEE HydroSystems USA Inc.
(a) Quotations are subject to confirmation upon receipt of order and the right is reserved to amend any accidental errors and/or omissions on quotations or invoices.
(b) Prices quoted are based on manufacturer’s prices, rates of exchange, freight and insurance charges as at the date of offer unless stated to the contrary on an order form.
(c) The right is reserved to revise prices where conditions change between the date of the quotation and the date of delivery.
(d) The price quoted on a quotation will not be altered provided that an order is received within thirty (30) days from the date of the quotation, unless stated to the contrary on a quotation, provided that such prices are under the direct control of Bruttour International Pty Ltd (the “Company”).
(e) Unless stated to the contrary on an order form through reference to “Incoterms” (as issued by the International Chamber of Commerce), all duties payable, including without restriction Goods & Services Tax (GST) or Value Added Tax (VAT) (or any other equivalent sales tax) and withholding tax, shall be paid by the Purchaser.
(f) The Company reserves the right to increase the price to reflect any increased costs suffered or incurred by the Company as a result of any changes to or introduction of any laws, bye-laws or regulations in connection with the provision of the goods.
2. Documentation & Specifications
The Company supplies various types of documentation which includes equipment illustrations and specifications which are subject to alteration without notice. The documentation is intended to represent the goods and/or rental items available and are not warranted in appearance or design and, due to improvement and the revision of design, goods may not conform to the product documentation, and the Company will have no liability for any losses suffered by any Purchaser through alterations of goods and/or rental items, documentation, or any other representation of goods and/or rental items. All goods and rental items must be used strictly in accordance with the instructions, recommendations and specifications (if any) of the Company. The Company shall have the right to make any changes to the services which are necessary to comply with applicable law or safety requirement, or which do not materially affect the nature or quality of the services, and the Company shall notify the Purchaser in any such event.
Unless stated to the contrary on an order form through reference to “Incoterms”, delivery shall be deemed to take place when the goods and/or rental items are placed in transit to the Purchaser when the whole risk shall pass to the Purchaser. Whilst every effort is made to adhere to delivery dates, time shall not be of the essence and the Company shall have no liability for any loss occasioned by or consequential to the non-delivery on the expected date or delayed delivery. Deliveries of goods offered ex-stock are subject to the goods being unsold as at the date of receipt of the Purchaser’s order. In case of unforeseen delay or delivery, immediate notification will be given to the Purchaser notwithstanding any provisions in this condition. However, ownership or title to the goods shall not pass to the Purchaser until the whole price of the goods has been paid in full to the Company (in cash or cleared funds). Title in the rental items shall remain with the Company at all times notwithstanding that the rental items may be leased to and in the possession of the Purchaser.
The Purchaser shall be responsible for ensuring the goods and/or rental items are kept in adequate storage conditions once delivered to the Purchaser or to the Purchaser’s order.
In the event that goods and/or rental items are ready for delivery and delivery is delayed pursuant to Purchaser’s instructions or any other reason beyond the Company’s control, the Company will have the right to invoice the Purchaser and the Purchaser shall pay the invoice for all goods and/or rental items so delayed.
Where goods are insured by the Company at its discretion or at the Purchaser’s request, the charge for the insurance may be made on the invoice. The Company’s liability in respect of insured risks shall be limited to the amount received by the Company under insurance or the value of the goods whichever is less from which deductions may be made by the Company for expenses incurred in relation to the claim. Goods shipped against the Company’s freight agent or courier accounts will automatically be covered by the Company’s blanket transit insurance policy. However, if shipped against the Purchaser’s account, the Purchaser is responsible for its own insurance. The Purchaser shall be responsible ceehydrosystems.com/for ensuring that the rental items are fully insured with a reputable insurer at all times during the rental period. The Purchaser shall ensure that the Company’s interest in the rental items is noted on such insurance policy. The Purchaser shall provide a certificate of insurance evidencing compliance with the provisions of this condition on the Company’s request.
Prices exclude delivery which will be invoiced in addition at standard transportation rates unless stated to the contrary on an order form. The cost of packing is payable by the Purchaser. The Company shall also be entitled to charge the Purchaser a handling charge of 10% of such delivery and packaging costs.
7. Damage and/or Loss in Transit
The Company and the carriers must be advised in writing of all breakages within three (3) days of receipt of the goods and/or rental items. In the event that goods and/or rental items are not received by the Purchaser, the Company and the carriers must be notified in writing within fourteen (14) days from the date of advice of despatch.
8. Shortage or Error
In the event of shortage or error in the delivery of goods and/or rental items the Company must be notified in writing within three (3) days of the receipt of consignment.