These Terms and Conditions of Sale and any attachments govern the sale of products purchased hereunder prevail over any conflicting or inconsistent terms and conditions appearing on any purchase order submitted by the buyer. No change or modification of these Terms and Conditions shall be valid or binding on either party unless in writing and signed by an authorised representative of each party, as part of or modification to the quotation.
2.) PRICES, TAXES, AND PAYMENT
All prices are per unit (except where indicated) are in AU dollars, F.O.B. Aussie 3D dock. All prices are subject to change without notice. Taxes, such as Federal, State, or local, which is the obligation of Aussie 3D to collect in connection with the sale or delivery of products described on any attachment shall be paid by buyer and will appear as separate items on the invoice unless your tax exemption certificate is on file with Aussie 3D (Please send certificate with first order.) All orders are pre-paid, F.O.B.
A “Return Authorisation” number must be issued by Aussie 3D prior to the return of any goods. Goods returned are to be referenced by this number, or they will not be accepted. All returns are to be sent to Aussie 3D, freight prepaid. All returned products will incur a 20% re-stocking fee. Returned items after 30 days are not allowed. Returned items must be clean, and remain in new condition. Proper packaging for shipping will be the responsibility of the customer for any goods returned within 30 days from the date the machine or products are received. A refund will be given after inspection has been made and goods remain in new condition and are not damaged. If there is any visible shipping damage to the machine, AUSSIE 3D will refuse to accept the machine or other accessories from the carrier. All claims for this matter shall pass on to the buyer to be dealt with the carrier he/she has hired. Any shipping costs (including discounted or free shipping in some cases) incurred by AUSSIE 3D additional shipping, and/or crating charges will be subtracted from the refund. If the buyer discovers that he/she has missing accessories that were purchased, the buyer must notify AUSSIE 3D within THREE business days.
4.) SOFTWARE LICENSE
All software furnished hereunder is licensed by AUSSIE 3D to the buyer on a non-exclusive basis for use by the buyer. The usage by the software is restricted to equipment for which or with which was acquired. Title to the software shall remain with AUSSIE 3D Acquisition of AUSSIE 3D software requires the execution of a separate license agreement.
5.) LIMITATION OF WARRANTY
AUSSIE 3D Products are guaranteed for one year limited warranty for defects due to faulty material and bad workmanship. Parts and accessories carry a 3 month warranty. AUSSIE 3D will repair or replace faulty goods and is not responsible for any consequential loss incurred due to faulty goods. Warranty does not cover normal wear, misuse or consumable items. AUSSIE 3D warrants that the software will perform in accordance to the written materials for this product. AUSSIE 3D warrants that the 3D Printer software works with what is specified by the manufacture. Also, under this warranty AUSSIE 3D will see to it to provide limited support services intended to make the software conform to its description and to correct operational defects. AUSSIE 3D does not provide. The obligation of AUSSIE 3D under this warranty are limited to replacing parts or repairing at its option and at its factory, of said products which shall, within one year after delivery to the customer, be returned to the Seller’s factory of origin, transportation charges prepaid and which are, after examination determined to be defective. AUSSIE 3D does not do onsite repair work, but at its option will instruct and support the user on any repairs that may be needed at user’s location.
This Warranty shall not apply to any of such products which has been repaired or altered, except by the Seller or its authorised centres or which have been subjected to misuse, negligence, or accident. The original warranty period of any product, which has been either repaired or replaced, will not be extended. It is this warranty which is expressed instead of all other warranties: statutory, expressed, and implied including the implied warranties of merchantability, any particular purpose, and all other obligations or liabilities on the Seller’s part. In addition, it will never assume or authorise any other person to assume for the seller any other liabilities in connection with the sale of said products. Buyer further represents and acknowledges that AUSSIE 3D has not made any representations or warranties, direct or indirect, express or implied as to any manner whatsoever, including without limitation, the design or condition of any item of equipment, its merchantability or its liability or its fitness for any particular purpose, the quality of the material or workmanship of any item of equipment, improper delivery, delay in delivery or conformity of any item of equipment to the provisions and specifications of any purchase or orders relating thereto, nor shall AUSSIE 3D be liable for incidental or consequential damages (Including strict liability in tort). AUSSIE 3D shall not be liable to Buyer, or any other party, for any loss, damage, injury or expense of any kind or nature caused directly or indirectly by the equipment or the failure of the equipment to operate properly.
Aussie 3D warrants that your Product will be free from defects in materials or workmanship for one (1) year from your Purchase Date.
At its discretion, Aussie 3D will repair or replace your Product, if it does not comply with this Warranty.
To make a Warranty claim, you must:
• You must first call Aussie 3D on +61(0)4 6841 7208.
• If warranty service is required, provide a copy of your purchase receipt, to show that this Warranty applies to your Product at the date of your claim.
• If required, you must deliver the Product to the Service Agent at your cost, Aussie 3D will not cover the return cost back to you. It is recommended to have the product sent tracked and insured to avoid loss.
This Warranty applies only:
To a Product supplied new to You or by a Stockist;
If you use the Product for your own private or business purposes; and
You have not bought the Product for resale.
This Warranty will not apply if during the warranty period:
A Product’s serial number or any tamper label is removed or changed in any way;
A Product is repaired other than by a Service Agent;
You use a Product contrary to any technical or operating environment guidelines recommended in its user guide or manual;
A part in your Product reaches the end of its service life;
A Product is used in excess of its rated durability or duty cycles;
A Product’s malfunction or failure results from:
deliberate or accidental damage;
neglect or modification;
incorrect voltage or a power surge; or
your use of any non-genuine consumables, software, parts, accessories or interfacing.
Aussie 3D advises that if you use non- Genuine Consumables, software, replacement parts or accessories, you may damage your Product and void your warranty.
6.) SAFETY PRECAUTIONS
Buyer shall require employees to use all safety devices, guards and proper safe operating procedures as set forth in manuals and instruction sheets furnished by Aussie 3D. Buyer shall not remove or modify any such device, guard or sign. It is Buyer’s responsibility to provide all the means that may be necessary to effectively protect him/herself, all people around the machine and employees from serious bodily injury which otherwise may result from the method of particular use, operation, set-up or service of the equipment. If Buyer fails to comply with such provisions of this paragraph or the applicable standards or regulations aforementioned, Buyer shall indemnify and save Aussie 3D harmless from and against any and all claims, losses or damages arising there from. It is the responsibility of Buyer to comply with any and all local codes.
7.) DESCRIPTIONS OF EQUIPMENT
All weights given are estimates, stated as correctly as possible, and any minor deviations shall not invalidate this purchase order. Brochures, photographs and other illustration representing the equipment offered are not binding in detail, as improvements are constantly being made in design. Brochures and web site are subject to change without notice. All specifications are taken directly from the manufactures and any variation in size, weight or performance will not be covered by Aussie 3D warranty and the customer will have to deal directly with the manufacturer to negotiate a outcome. Aussie 3D with not be held liable for any manufacturer that has given false or misleading representations about their products.
This agreement may not be assigned without the express written consent of the parties hereto. Any attempted assignment of rights or delegation of duties shall be void.
9.) GOVERNING LAW
This agreement shall be construed in accordance with the laws of Australia and will govern any disputes regarding the interpretation and or validity of these Terms and Conditions hereof. Any dispute relating to the products sold from Aussie 3D hereunder shall be subjected to the jurisdiction of the courts within Australia. The provisions of this agreement are divisible and the invalidity or unenforceability of any provision or provisions contained herein shall not in any way affect the validity of this agreement without the invalid or unenforceable provision or provisions.
10.) MERGER CLAUSES: The entire contract is embodied in this writing. There are no understandings, agreements, representations, or warranties, either oral or written, relative to the products, including statements made in or conduct implied from past dealings that are not fully expressed herein. No oral or any other form of statement subsequent to the acceptance of the purchase order purporting to modify the said terms and conditions shall be binding unless consented to in writing by a duly authorised officer of AUSSIE 3D in a document making specific reference to this transaction or after a transaction has been made.