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1. GENERAL
Rohde & Schwarz (Australia) Pty Ltd, will only issue quotations, order acknowledgments and invoices subject to these TERMS AND CONDITIONS OF SALE. Hereinafter, Rohde & Schwarz (Australia) Pty Ltd will be referred to as the "Supplier".

2. VALIDITY
Quotations are valid for acceptance within thirty [30] days of the date thereon, unless otherwise stated.

3. PRICES
Prices quoted include delivery, unless otherwise stated. Unless shown on our quotation, no discount of any kind is allowable. Unless shown on our quotation all prices quoted are based on the export prices of our overseas supplier(s) and subject to any currency rise or fall as specified in the quotation.

4. DUTY
The prices quoted are based on interpretation of Tariff Item or Tariff Concession Order applicable and on the associated duty rates current at today's date. Where the products are to be purchased overseas or delivered from our Bonded Stocks, any variation in Tariff Item or T.C.O. applied at time of importation and/or variation in rate applied will be to client's account. Where deliveries are made from Duty Paid stocks, the rates at which these products were entered will apply. No rebates of any Duties paid on these products will be allowed.

5. GOODS AND SERVICES TAX
5.1 All of these Terms and Conditions, except this one, including the provisions concerning payments and compensation, have been drafted to exclude the impact, if any, of products and services tax (“GST”). This clause applies in determining the impact, if any, of the GST.
5.2 If any consideration is payable by the Buyer under these Terms and Conditions in respect of a supply by the Supplier which is a taxable supply for the purposes of the GST, then the Buyer must in addition to the consideration pay to the Supplier the GST payable in respect of the supply.
5.3 All additional amounts payable by the Buyer pursuant to sub-clause 5.2 shall be paid at the same time and in the same manner as the Buyer is required to provide consideration for the supply.
5.4 If the Supplier becomes subject to any penalties or interest resulting from late payment of GST because of the Buyer’s failure to comply with this clause, then the Buyer must pay on demand to the Supplier an additional amount equal to the amount of those penalties and interest.

6. DELIVERY
Delivery times stated are based on information available on the date of this quotation, are given in good faith and are subject to confirmation at the time of placement of order. We will use reasonable endeavours to deliver the products on the date specified, but in no circumstances shall we be liable for any delay in delivery, or for consequential loss.

7. CANCELLATION
Cancellation of an order accepted on the basis of a quotation can only be made by mutual consent and on terms which indemnify us against all loss. If the Buyer becomes bankrupt or insolvent during the term of the contract, or if, in the Supplier's judgement, the Buyer's financial condition does not justify the terms of payment specified or non-payment within the credit terms, the Supplier may forthwith terminate the contract and any existing contract upon written notice to the Buyer. Such termination shall not prejudice the Supplier's rights to any amounts then due under the contract.

8. DAMAGE OR LOSS IN TRANSIT
No liability is accepted for damage, shortage or delay in transit. Where the price includes delivery to the Buyer's premises or to an address given by the Buyer, liability for the damage, shortage or delay in transit will only be accepted if notice in writing is given within three [3] days of receipt of the products to both the Carriers and ourselves. The packing and contents notes should be retained for inspection by Carrier's inspectors.

9. LIQUIDATED DAMAGES
The Supplier, shall not assume liability for consequential losses or indirect damages, e.g. for loss of production or loss of profit, in case of delayed
delivery or warranty and gross negligence. Penalties are excluded. Further liability beyond that extent is excluded insofar as this is legally permissible.

10. PAYMENT
Prompt payment is the essence of the Contract and the Supplier may suspend deliveries due under this Contract or any other where the Buyer does not comply with the terms of payment, unless otherwise stated.
Payment terms are Net thirty [30] days from date of invoice subject to Buyer Credit approval.

11. WARRANTY
All products are warranted against defects in material and workmanship for one year from the date of delivery unless otherwise stated in writing. The Supplier undertakes to replace or repair the same free of charge, provided that:-
[a] The Supplier is satisfied that the breakage of or defect in the said part or parts was due to a defect in workmanship or material.
[b] Written notice of the breakage or defect is given to the Supplier within seven [7] days of the discovery of the said breakage or defect.
[c] The Supplier is liable under this warranty for replacing or repairing any defective units or components which are returned by the Buyer at Buyer's expense to our Sydney based Service Centre during the said period of this warranty and which have not been subject to misuse, neglect, improper installation, repair, alteration or accident. The Supplier shall have the right to final determination as to the existence and cause of a defect.
[d] The said part or parts shall have been supplied by the Supplier direct to the Buyer or are parts of equipment so supplied.
[e] The defective items shall be immediately returned, carriage paid, to the Supplier, upon receiving the permission of the Supplier.
[f] The Supplier shall not be liable for the cost of removal of the broken or defective equipment, or the cost of reinstalling the repaired equipment.
[g] This warranty shall replace and exclude all other warranties, conditions and representations, expressed or implied.

12. RETENTION OF TITLE
Until the price of the products has been paid in full together with any interest or other sums due from the Buyer, the products shall remain the property of the Supplier and failure of the Buyer to pay all sums in full when due shall give the Supplier the right [without prejudice to any other remedies] to repossess the products without prior notice. Until title passes to the Buyer he is required to take all reasonable precautions to protect the product from damage or loss arising from any cause [including maintaining appropriate insurance cover on the product] and to indicate that the products are the property of the Supplier. If the Buyer sells any such product to a third party before title has passed to the Buyer, such sale shall be by the Buyer as principal and on no account shall we be responsible for the terms of such sale.

13. INSPECTION AND TESTING
Inspection and testing is carried out in accordance with our standard procedures before products are dispatched. If standard or additional testing in the presence of the Buyer is required, we may reserve the right to make additional charges for any arrangement of testing.

14. LEGAL CONSTRUCTION
Contracts shall in all respects be construed and operate as an Australian Contract and in conformity with Australian law and unless otherwise arranged be subject to the jurisdiction of the Australian Courts.

15. RE-EXPORT
Our products may fall into categories of items controlled for export by the Wassenaar Arrangement. Therefore, export to areas restricted by the Wassenaar Arrangement is strictly prohibited.

16. OTHER PROVISIONS
Any waiver on the part of the Supplier of any terms herein shall be a waiver of that term only and shall not be construed a waiver of any other terms hereunder.

17. VALIDITY OF THE CONTRACT
17.1 Any conditions of the Buyer which are in conflict with these conditions shall not be binding on us, even if we have not expressly opposed them.
17.2 In the event that individual terms of the contract become invalid, the remaining parts shall remain binding.
17.3 No contractual agreement shall be binding on us unless made in writing.