Trading Terms & Conditions
- These conditions (which shall only be waived in writing signed on behalf of Hurst Scientific) shall prevail over all conditions of the customer’s order to the extent of any inconsistency.
- Unless previously withdrawn, Hurst Scientific quotations are open for acceptance within the period stated in them or when no period is stated, within thirty (30) days after it’s date.
- Cost of any special packing and packing materials used in relation to quoted goods are at the customer’s expense not withstanding that such cost may have been omitted from your quotation.
- The customer waives any claim for shortage of any goods delivered if a claim in respect for short delivery has not been lodged with Hurst Scientific within seven (7) days from the date of receipt of goods by the customer.
DESCRIPTION OF GOODS, ETC
- Descriptions, photographs and performances contained in catalogues, price lists and other advertising material do not form part of the contract of sale of the goods or of the description applied to the goods.
- Performance figures offered by Hurst Scientific are estimates only. Hurst Scientific is under no liability for damages for failure of goods to attain such figures unless specifically guaranteed in writing. Any such written guarantees are subject to the recognised tolerances applicable to such figures.
- Risk in the goods passes to the customer upon receipt to the customer.
DELAY IN DELIVERY AND FORCE MAJEURE
- The delivery times made known to the customer are estimates only and Hurst Scientific will use it’s best endeavours to maintain these estimates and is not liable for late delivery or non-delivery.
- Hurst Scientific is not liable for any loss, damage or delay occasioned to the customer or any third party arising from late or non-delivery or late installation of goods
- A delivery fee will be charged unless otherwise specified in writing.
LOSS OR DAMAGE IN TRANSIT
- Hurst Scientific is not responsible to the customer or any person claiming through the customer for any loss or damage to goods in transit caused by any event of any kind by any person (whether or not Hurst Scientific is legally responsible for the person who caused or contributed to that loss or damage).
- Hurst Scientific shall provide the customer with such assistance as may be necessary to press claims on carriers so long as the customer:
- has notified Hurst Scientific and the carriers in writing immediately after loss or damage is discovered on receipt of goods; and
- lodges a claim for compensation on the carrier within three (2) days of the date of receipt of the goods.
- Where the purchaser is a consumer as defined by the relevant law such as the Trades Practises Act, 1974 (Commonwealth) and similar state laws in respect of any goods, certain conditions and warranties cannot be excluded, restricted or modified (“the consumer warranties”).
- In those circumstances the purchaser has the benefit of both the consumer warranties and the conditions contained in this clause and in the event of any inconsistency the customer warranties shall prevail, all other express or implied conditions or warranties in respect of the goods or any of them are excluded from this contract. Where goods are goods in respect of which the purchaser is not a consumer, the following conditions will apply. Instruments and accessories except electronic tubes and components, illumination sources, items wholly or partly of glass, silica or ceramic material, thermocouples, batteries, electrical elements and reconditioned replacement parts such as exchange circuit boards, are guaranteed to be free from defects in materials and workmanship in accordance with the manufacturer’s warranty.
This warranty does not cover the repair or any fault or the replacement of any defective part resulting from the negligence or malpractice of the purchaser or his servants.
LIMITATION OF LIABILITY
- Hurst Scientific and the purchaser hereby agree that, to the extent permitted by law, in the event of any loss, damage or claim arising out of a breach of one or more of the consumer warranties and/or the manufacturer’s warranty, the liability of Hurst Scientific is limited to, at the option of Hurst Scientific, the repair or replacement of the goods or the cost of such repair or replacement or, in the case of service, to the supplying of the services again.
- Parts and labour for repair or replacement pursuant to clause (a) herein shall be provided by Hurst Scientific during normal working hours at a place of business of the Hurst Scientific and Hurst Scientific shall have no liability for the cost of transportation of the goods to such place of business.
- The purchaser’s property under Hurst’s Scientific custody or control will be entirely at the purchasers risk as regards to loss or damage thereto or thereby from whatsoever cause arising.
- Hurst Scientific shall not be subject to nor incur and the purchaser hereby releases Hurst Scientific from any claim, action or liability for consequential loss or damage to persons or property including, without limiting the generality of the foregoing, loss of use of the goods or of profits or loss on resale arising by reason of delays, non delivery, defective materials or workmanship, negligence or any act, matter or thing done, permitted or omitted by Hurst Scientific.
- All rejected parts or defective parts shall remain the property of Hurst Scientific to dispose of as it sees fit.
- Hurst Scientific accepts no responsibility whatsoever for error in dimensions, quantities, specifications or otherwise where orders for any goods are placed on Hurst scientific by the purchaser otherwise than in writing.
- Hurst Scientific accepts no responsibility for loss or damage to maintenance of secrecy with respect to any plans, drawings, samples or other materials provided by the purchaser to Hurst scientific.
- Unless otherwise stated all prices quoted by Hurst Scientific are net exclusive of Goods and Services Tax (GST).
- Prices quoted are those ruling at the date of issue of a quotation and are based on rates of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, cost of materials and other charges affecting the cost of production ruling on the date is made.
- If Hurst Scientific makes any alterations to the price of the goods or to any of their inputs either before acceptance of or during the currency of the contract, these alterations are for the customer’s account.
All transactions on this site are in Australian Dollars (AUD) only.
- The purchase price in relation to goods is payable net and payment of the price of the goods must be made thirty (30) days after the date of Invoice for account customers unless other terms of payment are expressly stated in these conditions in writing.
- If payment is not made by the due date interest shall be payable by the customer from the due date until the date of payment at the rate equal to 1% over the interest rate payable by Hurst Scientific to its principal bankers from time to time in respect of its overdraft facility.
- Hurst Scientific reserves the following rights in relation to the goods until all accounts owed by the customer to Hurst Scientific are fully paid:
- ownership of the goods;
- to enter the customer’s premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the goods; and
- to keep or resell any goods repossessed pursuant to (b) above. If the goods are resold, or products manufactured using the goods are sold, by the customer, the customer shall hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of Hurst Scientific and shall pay such amount to Hurst Scientific upon request. Notwithstanding the provisions above Hurst Scientific shall be entitled to maintain an action against the customer for the purchase price and the risk of the goods shall pass to the customer upon delivery.
- Hurst Scientific reserves the right to charge a reasonable charge for storage if delivery instructions are not provided by the customer within fourteen days of a request by Hurst Scientific for such instructions. The parties agree that Hurst Scientific may charge for storage from the first day after we request the customer to provide delivery instructions.
- Hurst Scientific is not under any duty to accept goods returned by the customer and will do so only on terms to be agreed in writing in each individual case.
- If Hurst Scientific agrees to accept returned goods from the customer under paragraph (a) of this clause, the customer must return the goods to Hurst Scientific’s place of business.
- All goods to be supplied by Hurst Scientific to the customer are as described on the purchase order agreed by Hurst Scientific and the customer and the description on such purchase order modified as so agreed prevails over all other descriptions including any specification or enquiry of the customer.
- Any order cancelled must be in writing and on terms which will indemnify Hurst Scientific against all losses. If an item has been specifically purchased or manufactured to your specifications or a non stock item then those goods cannot be cancelled.
- In the case of equipment, which Hurst Scientific or the manufacturer undertakes to install, it is the purchasers responsibility to provide any service utilities required, e.g. electric power outlets, water outlets, drains, compressed airlines etc.
- If special handling equipment is required such as heavy lift gear for movement of equipment to and or at the installation site, the cost of the hiring or using this equipment and any associated charges will be added to the purchasers account. Installation will be made at the time of delivery or as soon as practicable thereafter and the equipment will be at the purchasers risk.
- Unless otherwise mutually agreed Hurst Scientific’s responsibility to install such equipment may cease at Hurst Scientific’s option if the installation is deferred by the purchaser for any period.
PLACE OF CONTRACT
- The contract for sale of the goods is made in the State of Western Australia.
- The parties submit all disputes arising between them to the courts of such state or territory and any court competent to hear appeals from those courts of first instance.