This web site gives information about the products and services provided by Cornick Pty Ltd("CORNICK"). It is only intended to provide a general outline and is not comprehensive. Despite our efforts, it may not be accurate, up to date or applicable to the circumstances of any particular case. Your use of this web site is subject to this disclaimer and your use of this web site constitutes an acceptance of this disclaimer. If you do not accept this disclaimer, do not use this web site.
CORNICK accepts no liability for any inaccuracies or omissions (other than for fraudulent misrepresentation) in this web site and any decisions you make based on information contained in this web site are your sole responsibility. To the extent permitted by law, CORNICK makes no warranties or representations of any kind in connection with this web site, including without limitation that any data obtained through this site is free from computer viruses or other faults or defects. It is your responsibility to ensure that you use appropriate virus scanning software. All conditions or warranties that may otherwise apply to or be implied in connection with this web site to the extent permitted by law are excluded. CORNICK will not under any circumstances be liable for any direct, indirect, special, consequential or other losses or damages of any kind arising out of access to or use of this web site or any information contained in it. This site may contain links to other sites maintained by third parties. CORNICK does not make any representation as to the accuracy or suitability of any of the information contained on those other sites, and does not accept any responsibility or liability for the conduct or content of those other sites.
All of the contents of this web site and downloads from it are the property of CORNICK or its related entities and may be subject to copyright, trade mark, or other protection. CORNICK reserves all rights, including in respect of the contents of this web site and any downloads from it. We permit you to make copies of this web site as necessary incidental acts during your viewing of it and you may take a print for your personal use of so much of the site as is reasonable for private purposes. All other use is strictly prohibited.
1. DEFINITION
The expression "The Company", when referred to in these Terms and Conditions, refers to CORNICK PTY LTD
ABN 74 001
621 610.
2. GENERAL
These Terms and Conditions of Sales apply to the sales of goods and services manufactured or supplied by
The
Company.
Any order received by The Company is deemed to be an order incorporating these Terms and Conditions and
no variation
or cancellation of any of these Terms and Conditions shall be binding on The Company unless assented to
by The
Company in writing.
Each order placed by the customer shall be & be deemed to be a representation by it, made at the
time that it is
solvent & able to pay all of it's debts as & when they fall due. Failure to pay The Company in
accordance
with these terms shall be & be deemed to be conclusive evidence that the customer had no reasonable
grounds for
making the representation hereof & that the representations were unconscionable,
misleading and deceptive.
3. ACCEPTANCE
Any quotation by The Company is not to be construed as an offer or obligation to sell and The Company
reserves the
right, at its option, to accept or reject any orders received.
4. PRICES
All prices charged/quoted shall be The Company's prices ruling at the date of despatch. Verbal
quotations are
subject to written confirmation which will be given when requested. All goods are sold and all prices
are quoted FOB
ex-works The Company unless otherwise specified. The Company reserves the right at any time to make
reasonable
adjustments of prices in relation to fluctuations in The Company's cost of labour, material, goods or
transport and
also in relation to any changes in currency exchange rates or duty which affect The Company's costs for
imported
goods.
Unless expressly noted all prices charged/quoted are exclusive of GST. All government imposts of GST or
any
equivalent as separately itemised on The Company's invoices are to the customer's account.
5. CANCELLATION OR VARIATION
A contract may, at The Company's option, be terminated in the event of insolvency of the purchaser or
the purchaser
being placed in liquidation, whether voluntarily or otherwise. A purchaser may only vary an order if
such variation
is accepted by The Company in writing and any variation or cancellation may only occur on terms which
will provide
for The Company to be indemnified by the purchaser against any loss or damages. Cancellations will
attract a
cancellation fee and must be at least 90 days prior to current due delivery date. No cancellation will
be accepted
on indented products.Re-schedules must be at least 45 days prior to the current due delivery date and
any item may
be deferred only once, up to a maximum of 90 days from the original requested date.
6. PACKING
Unless otherwise indicated prices include standard cases or packing.
7. DELIVERY
Unless otherwise stated in writing the price quoted is ex The Company's store where stocked. Where
delivery is
requested beyond this point The Company may, at its discretion, agree to act as agent for the purchaser
in this
matter and all costs for cartage and insurance will be for the purchaser's account.
8. TERMS OF PAYMENT
Cash on Delivery otherwise expressly agreed to in writing. The Company reserves the right to deliver and
invoice any
item or items comprising the whole or part of any order. Failure of The Company to deliver any part of
an order
shall not entitle the purchaser to repudiate the contract.
9. CLAIMS
The following conditions relating to the return of goods for credit apply to all goods returned for this
purpose.
9.1 Goods returned must be accompanied by a Delivery Docket stating original invoice number, date of
purchase and
reason for return.
9.2 Non-standard equipment made to special order cannot be credited under any circumstances.
9.3 Inward freight packing and delivery charges are the responsibility of the purchaser.
9.4 Goods will only be accepted for credit to the extent of that wrongly or over-supplied.
9.5 All returns must be in good order and condition, unused and in original packaging. No claims by the
purchaser
need be recognised unless made in writing within fourteen days after delivery of the goods to the
purchaser.
9.6 No claim for damage or resultant expense direct or indirect in respect of any goods shall in any
case exceed the
invoice price of the goods in respect of any damages or expense shall arise. All damage or expense over
and above
such invoice shall be the responsibility of the purchaser.
9.7 The company may elect to accept return of new and unused goods from customers, at its discretion. In
this
circumstance the company reserves the right to charge a restocking fee, as it sees fit.
10. CONDITIONS AND WARRANTIES
All conditions and warranties expressed or implied by statute, the common law equity trade custom or
usage or
otherwise howsoever are hereby expressly excluded to the maximum extent permitted by law. Where so
permitted the
liability of The Company for a breach of a condition or warranty that cannot be excluded is limited (at
The
Company's option) to the replacement or repair of the goods or the supply of equivalent goods or the
cost of
replacing or repairing the goods or of acquiring equivalent goods. The Company shall not be liable in
any way
whatsoever for indirect or consequential loss or damage whatsoever (whether based on tort or contract or
otherwise).
It is a condition of this contract that the purchaser shall not use the goods for the installation in or
in
association with aircraft. Goods are not authorised for use in life support devices, systems intended
for surgical
implant into the body or for applications intended to support or sustain life or where the failure of
the product
would ordinarily create a situation where personal injury or death is likely to occur. In the event the
goods are so
incorrectly used, The Company shall be exempt from all liability whatsoever and the purchaser hereby
indemnifies The
Company in respect of any claims, demands, suits or proceedings whatsoever resulting from such misuse of
the goods.
The Company warrants its products to be in conformance with its own plans and specifications and to be
free from
defects in materials and workmanship under normal use and service for the warranty term specified for
each product.
The Company's obligation shall be limited to repairing or replacing, at its option, free of charge for
materials or
labor, any part which is proved not in compliance with The Company's specifications or proves defective
in materials
or workmanship under normal use and service. The Company shall have no obligation under this Limited
Warranty or
otherwise if the product is altered or improperly repaired or serviced by anyone other than The Company.
For
warranty service, return transportation prepaid, to 9 Hannabus Place McGraths Hill NSW 2756
Australia.
There are no warranties, expressed or implied, of merchant ability, or fitness for a particular purpose
or
otherwise, which extend beyond the description on the face hereof. In no case shall The Company be
liable to anyone
for any consequential or incidental damages for breach of this or any other warranty, express or
implied, or upon
any other basis of liability whatsoever, even the loss or damage is caused by its own negligence or
fault. The
Company does not represent that the products it sells may not be compromised or circumvented; that the
products will
prevent any personal injury or property loss by burglary, robbery, fire or otherwise; or that the
products will in
all cases provide adequate warning or protection. Customer understands that a properly installed and
maintained
alarm system may only reduce the risk of a burglary, robbery, or fire without warning, but it is not
insurance or a
guarantee that such will not occur or that there will be no personal injury or property loss as a
result.
Consequently, The Company shall have no liability for any personal injury; property damage or other loss
based on a
claim the product failed to give any warning. However, if The Company is held liable, whether directly
or
indirectly, for any loss or damage arising under this limited warranty or otherwise, regardless of cause
or origin,
The Company's maximum liability shall not in any case exceed the purchase price of the product, which
shall be the
complete and exclusive remedy against The Company. This warranty replaces any previous warranties and is
the only
warranty made by The Company on this product. No increase or alteration, written or verbal, of the
obligations of
this Limited Warranty is authorised.
11. TITLE TO GOODS
11.1 Notwithstanding delivery of the goods to the purchaser, until the purchaser has effected full
payment for the
Goods and any other goods previously supplied by The Company:
a) legal title to the Goods will remain with The Company;
b) the risk in the Goods will pass to the purchaser on delivery to the purchaser or its agent;
c) the relationship between The Company and the purchaser will be fudiciary;
11.2 The Purchaser will:
a) hold the Goods as bailee for The Company;
b) keep the goods separate from other goods; and
c) label the goods so that they are identifiable as the goods of The Company;
11.3 With The Company's consent (which is given) the purchaser is at liberty to sell the Goods, in the
ordinary
course of the purchaser's business, provided that the money from the sale will:
a) be held in a separate account in trust for the vendor;
b) not be mingled with other money; and
c) not be placed into an overdrawn account
11.4 The purchaser is not an agent of The Company in any sale of the Goods by the purchaser.
11.5 After the happening of an Event of Default, the vendor may without demand retake possession of the
Goods and
may without notice sell the Goods on such terms and in such a manner as it determines and will be
entitled to deduct
all expenses incurred. For the purposes of recovering possession and without limiting the generality of
the
foregoing, the purchaser irrevocably authorises and licenses The Company and its servants and agents to
enter any
premises where any Goods may be stored and to take possession of the Goods.
12. RISKS
Risk in the goods purchased shall, unless otherwise agreed in writing, pass to the purchaser upon
delivery of the
goods to the purchaser or his agent or to a carrier commissioned by the purchaser.
13. PATENTS
To the best of The Company's knowledge goods sold to the purchaser will not infringe any patent, trade
mark,
registered design or copyright of any third party but The Company shall in no circumstances be liable to
the
purchaser in respect of any such infringement constituted by the sale or use of the goods.
14. PERFORMANCE AND REPRESENTATION
Any figures or estimates given for performance of goods are based upon The Company's experience and are
such as The
Company would expect to obtain on test. But The Company will only accept liability for failure to obtain
the figures
or estimates given when such figures or estimates are guaranteed in writing within specified margins.
The purchaser
acknowledges that neither The Company nor any person purporting to act on its behalf has made any
representation or
given any promise or undertaking which is not expressly set out in the contract whether as to the
fitness of the
goods for any particular purpose or any other matter.
15. RECOVERY OF COSTS
The customer will pay to The Company any costs and expenses incurred by it or it's solicitors, legal
advisers,
mercantile agents and other parties acting on The Company's behalf in respect of anything instituted or
being
considered against the customer whether for debt, possession of any goods or otherwise.
16. FORCE MAJEUR
The Company will not be in default or in breach of any contract with the customer by as a result of
Force Majeur.
Force Majeur means beyond the reasonable control of The Company and includes any strike or lockout
either directly
or indirectly by any supplier of goods or services.
17. LEGAL CONSTRUCTION
Except as may be otherwise agreed by The Company, the contract shall be governed by the laws of the
State of
NSW.