This page details Astron Technology "Astrontech" standard customer trading terms applicable to quotations issued from 25 August 2016. For more information please contact us at firstname.lastname@example.org
Customer Terms ("Terms")
These Terms and any document(s) referred to in them constitute the entire agreement about Astrontech's supply of the Products and services to Customer and supersede all prior understandings, arrangements and agreements. Words with special meanings are defined in clause 1.
A reference in these Terms to:
In these terms:
"Customer" means the person, business or company that is the purchaser of the Products; "Products" means any products (including software) or services (where applicable) supplied to Customer by Astrontech and described in Astrontech's invoice;
"Sales Contract" means any sales contract or agreement entered into by Customer and Astrontech in respect of the Products and services supplied to Customer in which these Terms are deemed to be incorporated; and
"Astrontech" means Astron Technology Pty Limited (ABN 49 088 659 821)
All orders for Products placed by Customer are subject to acceptance by Astrontech, and no order will be deemed to have been accepted by Astrontech unless Products are supplied or a back-order or delivery delay is confirmed in writing by an authorised representative of Astrontech to Customer.
Astrontech may reject any order placed by Customer if there is an insufficient supply of Products which prevents Astrontech from being able to fulfill such an order.
Astrontech will not be bound by any terms attaching to Customer's order and unless those terms are expressly agreed to in writing by an authorised representative of Astrontech, Customer agrees that those terms are hereby excluded.
Delivery times advised to Customer are estimates only and Astrontech will not be liable for any loss, damage or delay suffered or incurred by Customer or its customers arising from late or non-delivery of the Products.
5) Part deliveries
Astrontech may make part deliveries of any order and each part delivery will constitute a separate supply of the Products upon these Terms.
7) Inspection and acceptance
8) Title and risk
Customer must notify Astrontech in writing of any Products it wishes to return within 7 days from the date of the invoice relating to those Products.
Return of faulty products will be subject to Astrontech's Faulty Products Returns Procedure as advised to Customer and amended by Astrontech from time to time.
A No Fault Product is a Product returned by the Customer to Astrontech in circumstances where the return is not due to the fault of Astrontech or any fault with the Product.
Return of No Fault Products will be subject to Astrontech's No Fault Products Returns Procedure as advised to Customer and amended by Astrontech from time to time.
Astrontech will not be liable for any damage or defects in the Products that have been caused by the improper storage, warehousing or transport, or by any neglect, abuse or improper use, installation, maintenance or
The provisions of this clause 9 do not extend to any Products which have been added to, varied, or otherwise modified by, any person other than Astrontech.
10) Force majeure
If the performance of Astrontech's obligations under these Terms or any relevant Sales Contract is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of Astrontech, Astrontech will give notice of such cause to Customer and after 60 days from the receipt by Customer of such notice, either party may terminate the relevant Sales Contract without penalty.
11) Customer's cancellation
Unless otherwise agreed in writing by an authorised officer of Astrontech, Customer may not cancel an order which has been accepted by Astrontech.
12) Default of Customer
Without prejudice to any of Astrontech's other rights under these Terms, if Customer fails to make any payment due to Astrontech under these Terms, Astrontech may, in its sole discretion, and without further liability to Customer: refuse to make further supplies to Customer under the relevant Sales Contract; and/or terminate the Sales Contract without notice.
To the extent permitted by law, Astrontech will not be liable to Customer or any other person under any circumstances for any loss of use, profit, revenue, interest, goodwill or data, or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by Customer.
15) Credit assessment
17) Intellectual Property