11. Force Majeure. This clause applies if something happens which is beyond our reasonable control which makes it impossible, more difficult or more expensive for us to perform our obligations in our usual way. In those cases we may wait until it is again possible for us to perform our obligations in our usual way without additional difficulty or expense and we are not liable for any delay which results. Without limiting those general words, that applies where we have problems due to accidents, strikes, transport difficulties or stock shortages.
12. Estimated delivery times. Delivery times are estimates only and we are not liable for any delays in delivery.
17. Ownership passes to you on payment. We remain the owner of all of the goods covered by an order until you have paid the full price for those goods plus any associated charges. Payments by cheque do not count until we receive payment on the cheque. Until you become the owner of particular goods, we may enter into any premises or vehicle if we have reasonable grounds to expect that we may find any part of the goods there. If you default in paying any part of the price or associated charges in connection with an order we may re-take possession of the goods supplied under the order. That applies even if we hold some negotiable instrument or security for the amount unpaid. If you resell any of the goods (even if mixed with other goods) before becoming the owner, you are acting as our selling agent although only to the absolute minimum extent necessary to protect our ownership.
18. Trade-ins. If we agree to purchase any item from you as a trade-in then you promise that we will become the absolute owner at the time the item is delivered to us and that you will properly maintain and service the item up to the time of delivery.
19 Software licences. We supply any firmware or software which comes with goods, under licence only. That licence is non-exclusive but perpetual and only allows use of the particular firmware and software with the goods with which it is supplied.
20. Variations in specifications. We reserve the right to vary the specifications or performance criteria of any product from time to time and to obtain products from different sources, at our absolute discretion. We may do that without telling you provided we have reasonable grounds for believing that the alternative product offered is substantially similar to that previously offered or represents an improvement.
21. Certificate of debt. You are bound by any certificate signed by any of our directors or solicitors which shows any amount or calculation relevant to what you owe us. The only exception is where you can prove the certificate is wrong.
22. Finance company arrangements (if any). If you wish to lease or finance the purchase of goods from us through a financier then our trading conditions still apply (with only the minimum changes necessary) between you and us. Our trading conditions still regulate our rights, obligations and liabilities both to you and to the financier and you must indemnify (protect) us against any claim in connection with this order or those goods by the financier.
23. Availability of spare parts. We make every reasonable effort to ensure the reasonable availability of spare parts for any particular product type for at least 3 years from the first time it is or was supplied to a customer when it was new. We are not liable if, having used reasonable efforts, we are unable to do so for a temporary or permanent period. We may not be able to arrange for the availability of spare parts after the end of that 3 year period.
24. Variation. These conditions can only varied by one of our authorised officers signing a document which states the variation, and the transaction to which the variation applies.
25. Blanks. We may complete any blanks on the front of this form, on your behalf.
26. Applicable law. Our transactions are governed by the law of New South Wales. We may refer any disputes between us to an arbitrator who shall be a person appointed by the President of the New South Wales Chamber of Commerce.
27. We are not a market research organisation. We are not a market research organisation and do not advise on question design, sample validity or the interpretation of results.
28. Competition registrations. If you are planing on running a game of chance draw (competition) you may by law be required to apply for a permit. You are responsible for the registration of any such competitions with the relevant authorities.
29. Insurance and Risk. We are not responsible for any loss or damage that is incurred to Goods in transit. When we arrange freight, this is a service performed for you, and risk and insurance costs and liability pass to you at the place of dispatch. When our services include the use of our Equipment, you must indemnify us for all damage caused to persons and property in relation to the Equipment and its operation, and any damage or loss of our Equipment, and have insurance to cover any legal liabilities incurred as a result of the use of the Equipment