1. Quotations and Acceptance

(a) Quotations are valid for thirty (30) days and represent no obligation until Chemtools (to be referred to as Chemtools throughout this document) accepts the Purchaser’s Order. (b) Chemtools conditions shall apply to the entire exclusion of those of the Purchaser and no variation thereof shall be binding upon Chemtools unless and until accepted in writing (fax or email) by a duly authorised person on behalf of Chemtools. (c) Telephone or email orders will be accepted only with the purchaser’s official order number.

2. Price and Delivery

(a) Delivery will be ex-works and goods will be packed to Chemtools normal specification in non-returnable packing. Courier/Freight and handling will be arranged at the purchaser’s expense and will form part of the invoice. (b) Any delivery period is an estimate only and commences from Chemtools’ acknowledgement of Purchaser’s order. Provided Chemtools takes all reasonable steps to deliver the goods at the time stated, Chemtools shall be under no liability for any delay for failure in delivery service. (c) Chemtools reserves the right to deliver in more than one consignment and to invoice each consignment separately.

3. Title and Risk

(a) Legal title to the goods shall remain with Chemtools until such time as Chemtools has received payment of the price of the goods and of the price of any other gods or services previously or subsequently supplied by Chemtools to the purchaser whereupon such title shall pass to the Purchaser. (b) Insofar as the goods may be delivered to the purchaser prior to the time when title thereto passes to the Purchaser shall until such time hold the goods as the fiduciary agent and bailee of Chemtools and shall accordingly email liable to account to Chemtools for the goods. (c) Notwithstanding the retention by Chemtools of legal title to the goods (i) risk in the goods shall pass to the Purchaser on delivery to the Purchaser’s delivery address and the Purchaser shall arrange for Chemtools interest in the same to be noted on all relevant insurance policies.

4. Payments

(a) Payments to Chemtools shall be due 30 days from date of invoice for account customers, except where Chemtools stipulates C.O.D terms. (b) Any discounts specified by Chemtools shall apply only where payment is received as indicated above. Payment shall not be withheld on account of any claim by the Purchaser against Chemtools. (c) Chemtools reserves the right to suspend deliveries where payment for any orders related or otherwise, has not been made by the due date and remains outstanding.

5. Manufacturer’s Warranty or Guarantee

(a) All Goods and Software are supplied on condition that Chemtools’ liability in contract, tort or otherwise shall in no circumstances extend beyond the liability to Chemtools of the manufacturer or supplier of such goods or software. In particular but without limitation, the benefits of the supplier/manufacturer’s guarantee or warranty attaching to the goods or software shall be made available to the purchaser. (b) Details of the aforementioned guarantee, warranty and licence (if applicable) are available upon request from Chemtools.

6. Force Majeure

(a) Chemtools shall have no liability in respect of failure or delay in delivery or in performance of any obligations under the contract due to any cause outside Chemtools’ control including but not limited to act of God, fire, floods, war, civil disturbances, riot, act of Government, currency restriction, industrial disputes, unavailability of materials or failure of supplier carrier or sub-contractor to deliver on time.

7. Price Variation

(a) Chemtools reserves the right to increase the price of goods in proportion to any increase of costs to Chemtools between date of acceptance of the order and the date of delivery (including without limitation, costs relating to exchange rates, labour, materials, transport and taxes) or where the increase is due to any act or default of the purchaser including without limitation the cancellation by the Purchaser of part of any order or non-adherence to agreed call-off or scheduled delivery arrangements.

8. Cancellation and Returned Goods

(a) No goods are to be returned to Chemtools without an RGA number (Returned Goods Authorisation) fromChemtools. A copy of the RGA and the terms and conditions can be obtained by ringing Chemtools office or emailing request to sales@chemtools.com.au. A 25% Restocking fee will apply. (b) Agreed Returns must be at purchaser’s expense in original condition and original packaging. (c) Cancellations will not be accepted by Chemtools. If Chemtools agrees to accept cancellation or part cancellation of an order, a charge of 20% of total order price will be made.