Standard Terms and Conditions
I/ We agree that in consideration of the Seller providing goods and/or services, we agree to be bound by the terms and conditions below.
- "Buyer" means any person from the applicant organization who places in an order with On Track Technology.
- All quotations made by On Track Technology are valid for the period specified in the quotation, or if no such period is specified, for a period of fourteen (14) days from the date of the quotation.
- On Track Technology may require the Buyer to place written orders for On Track Technology's goods and/or services. All quotation given and orders accepted by On Track Technology are given or accepted by these terms and conditions.
- All listed, published or quoted prices (unless otherwise expressly indicated) are exclusive of any applicable goods and services tax ("GST") and/or any other charges associated with the delivery of goods and/or services.
- On Track Technology reserves the right to correct clerical errors without notification.
- All invoices shall be paid in full in Australian currency no later than thirty (30) days from the date of invoice, unless On Track Technology otherwise agrees in writing. On Track Technology reserves the right to charge interest to the overdue invoices.
- The extension of credit facilities and the terms upon which such credit is provided are, in all cases, at the sole discretion of On Track Technology and are subject to confirmation on the receipt of an order. In any event On Track Technology retains the right to withdraw credit facilities at any time prior to delivery of goods and/or services.
- Whilst On Track Technology will use its best endeavors to meet all quoted delivery or consignment dates, On Track Technology shall in no event be liable to the Buyer by reason of delays in delivery caused by any reason whatsoever. Under no circumstances will On Track Technology be liable for any loss, damage or delay occasioned to the Buyer arising from late or non-delivery of the goods.
- Title to and property in the goods supplied by On Track Technology shall not pass to the Buyer until On Track Technology has received payment in full.
- The Buyer shall not cancel any order without the prior written consent of On Track Technology, which consent may or may not be granted in On Track Technology's sole discretion and on terms that will indemnify On Track Technology for all losses.
- Where On Track Technology is not the manufacturer, On Track Technology relies on the specifications and warranties supplied by the original manufacturer.
- On Track Technology shall not be liable for any loss arising from the production of goods where the specification, method of construction or design has been provided to On Track Technology by the Buyer and On Track Technology has not deviated from those specifications when producing those goods. The Buyer acknowledges On Track Technology right to vary the material or construction specification of the goods provided that their performance specification is not adversely affected.
- On Track Technology shall procure components to the Buyer's specifications, and will provide a material list on delivery. It is the buyers' responsibility to check that against the specification.
- Any preliminary work undertaken by On Track Technology at the Buyer's request in relation to design or construction of goods or products in respect of design or programming shall be considered an order and On Track Technology may in its discretion charge the Buyer in respect to such work undertaken or services provided.
- On Track Technology warrants to the buyer that, under proper use the goods will be free from defects solely due to faulty workmanship from On Track Technology authorized representatives, during a period of twelve 12 months from delivery. Should there be any defects, they are to be repaired by On-Track Technology at On Track Technology's cost.
- On Track Technology reserves the right to cancel an order with the buyer in whole or in part without any liability attaching On Track Technology.
- The buyer, by default, accepts On Track Technology's Standard Terms and conditions by placing a purchase order.
- This Terms and Conditions shall be governed and constructed in all respects by the laws of the state of NSW and of Australia. Any litigation or other dispute resolution between the parties relating to this Agreement will take place in Sydney, Australia. The parties consent to personal jurisdiction of and venue in the state and federal courts within that country.
