AONIQ PTY LTD ABN 62 619 149 987
Terms and Conditions of Sale
These Terms and Conditions of Sale and any attachments govern the sale of products purchased hereunder prevail over any conflicting or inconsistent terms and conditions appearing on any purchase order submitted by the buyer. No change or modification of these Terms and Conditions shall be valid or binding on either party unless in writing and signed by an authorised representative of each party, as part of or modification to the quotation.
2.) PRICES, TAXES, AND PAYMENT
All prices are per unit (except where indicated) are in AU dollars, F.O.B. AONIQ PTY LTD dock. All prices are subject to change without notice. Taxes, such as Federal, State, or local, which is the obligation of AONIQ PTY LTD to collect in connection with the sale or delivery of products described on any attachment shall be paid by buyer and will appear as separate items on the invoice unless your tax exemption certificate is on file with Aussie 3D (Please send certificate with first order.) All orders are pre-paid, F.O.B.
A “Return Authorisation” number must be issued by AONIQ PTY LTD prior to the return of any goods. Goods returned are to be referenced by this number, or they will not be accepted. All returns are to be sent to AONIQ PTY LTD, freight prepaid. All returned products will incur a 20% re-stocking fee. Returned items after 30 days are not allowed. Returned items must be clean, and remain in new condition. Proper packaging for shipping will be the responsibility of the customer for any goods returned within 30 days from the date the machine or products are received. A refund will be given after inspection has been made and goods remain in new condition and are not damaged. If there is any visible shipping damage to the machine, AONIQ PTY LTD will refuse to accept the machine or other accessories from the carrier. All claims for this matter shall pass on to the buyer to be dealt with the carrier he/she has hired. Any shipping costs (including discounted or free shipping in some cases) incurred by AONIQ PTY LTD additional shipping, and/or crating charges will be subtracted from the refund. If the buyer discovers that he/she has missing accessories that were purchased, the buyer must notify AONIQ PTY LTD within THREE business days.
4.) SOFTWARE LICENSE
All software furnished hereunder is licensed by AONIQ PTY LTD to the buyer on a non-exclusive basis for use by the buyer. The usage by the software is restricted to equipment for which or with which was acquired. Title to the software shall remain with AONIQ PTY LTD Acquisition of AONIQ PTY LTD software requires the execution of a separate license agreement.
5.) LIMITATION OF WARRANTY
AONIQ PTY LTD Products are guaranteed for one year limited warranty for defects due to faulty material and bad workmanship. Parts and accessories carry a 3 month warranty. AONIQ PTY LTD will repair or replace faulty goods and is not responsible for any consequential loss incurred due to faulty goods. Warranty does not cover normal wear, misuse or consumable items. AONIQ PTY LTD warrants that the software will perform in accordance to the written materials for this product. AONIQ PTY LTD warrants that the 3D Printer software works with what is specified by the manufacture. Also, under this warranty AONIQ PTY LTD will see to it to provide limited support services intended to make the software conform to its description and to correct operational defects. AONIQ PTY LTD does not provide. The obligation of AONIQ PTY LTD under this warranty are limited to replacing parts or repairing at its option and at its factory, of said products which shall, within one year after delivery to the customer, be returned to the Seller’s factory of origin, transportation charges prepaid and which are, after examination determined to be defective. AONIQ PTY LTD does not do onsite repair work, but at its option will instruct and support the user on any repairs that may be needed at user’s location.
This Warranty shall not apply to any of such products which has been repaired or altered, except by the Seller or its authorised centres or which have been subjected to misuse, negligence, or accident. The original warranty period of any product, which has been either repaired or replaced, will not be extended. It is this warranty which is expressed instead of all other warranties: statutory, expressed, and implied including the implied warranties of merchantability, any particular purpose, and all other obligations or liabilities on the Seller’s part. In addition, it will never assume or authorise any other person to assume for the seller any other liabilities in connection with the sale of said products. Buyer further represents and acknowledges that AONIQ PTY LTD has not made any representations or warranties, direct or indirect, express or implied as to any manner whatsoever, including without limitation, the design or condition of any item of equipment, its merchantability or its liability or its fitness for any particular purpose, the quality of the material or workmanship of any item of equipment, improper delivery, delay in delivery or conformity of any item of equipment to the provisions and specifications of any purchase or orders relating thereto, nor shall AONIQ PTY LTD be liable for incidental or consequential damages (Including strict liability in tort). AONIQ PTY LTD shall not be liable to Buyer, or any other party, for any loss, damage, injury or expense of any kind or nature caused directly or indirectly by the equipment or the failure of the equipment to operate properly.
AONIQ PTY LTD warrants that your Product will be free from defects in materials or workmanship for one (1) year from your Purchase Date.
At its discretion, AONIQ PTY LTD will repair or replace your Product, if it does not comply with this Warranty.
To make a Warranty claim, you must:
• You must first call AONIQ PTY LTD on +61(0)4 6841 7208.
• If warranty service is required, provide a copy of your purchase receipt, to show that this Warranty applies to your Product at the date of your claim.
• If required, you must deliver the Product to the Service Agent at your cost, AONIQ PTY LTD will not cover the return cost back to you. It is recommended to have the product sent tracked and insured to avoid loss.
This Warranty applies only:
To a Product supplied new to You or by a Stockist;
If you use the Product for your own private or business purposes; and
You have not bought the Product for resale.
This Warranty will not apply if during the warranty period:
A Product’s serial number or any tamper label is removed or changed in any way;
A Product is repaired other than by a Service Agent;
You use a Product contrary to any technical or operating environment guidelines recommended in its user guide or manual;
A part in your Product reaches the end of its service life;
A Product is used in excess of its rated durability or duty cycles;
A Product’s malfunction or failure results from:
deliberate or accidental damage;
neglect or modification;
incorrect voltage or a power surge; or
your use of any non-genuine consumables, software, parts, accessories or interfacing.
AONIQ PTY LTD advises that if you use non- Genuine Consumables, software, replacement parts or accessories, you may damage your Product and void your warranty.
6.) SAFETY PRECAUTIONS
Buyer shall require employees to use all safety devices, guards and proper safe operating procedures as set forth in manuals and instruction sheets furnished by AONIQ PTY LTD. Buyer shall not remove or modify any such device, guard or sign. It is Buyer’s responsibility to provide all the means that may be necessary to effectively protect him/herself, all people around the machine and employees from serious bodily injury which otherwise may result from the method of particular use, operation, set-up or service of the equipment. If Buyer fails to comply with such provisions of this paragraph or the applicable standards or regulations aforementioned, Buyer shall indemnify and save AONIQ PTY LTD harmless from and against any and all claims, losses or damages arising there from. It is the responsibility of Buyer to comply with any and all local codes.
7.) DESCRIPTIONS OF EQUIPMENT
All weights given are estimates, stated as correctly as possible, and any minor deviations shall not invalidate this purchase order. Brochures, photographs and other illustration representing the equipment offered are not binding in detail, as improvements are constantly being made in design. Brochures and web site are subject to change without notice. All specifications are taken directly from the manufactures and any variation in size, weight or performance will not be covered by AONIQ PTY LTD warranty and the customer will have to deal directly with the manufacturer to negotiate a outcome. AONIQ PTY LTD with not be held liable for any manufacturer that has given false or misleading representations about their products.
This agreement may not be assigned without the express written consent of the parties hereto. Any attempted assignment of rights or delegation of duties shall be void.
9.) GOVERNING LAW
This agreement shall be construed in accordance with the laws of Australia and will govern any disputes regarding the interpretation and or validity of these Terms and Conditions hereof. Any dispute relating to the products sold from AONIQ PTY LTD hereunder shall be subjected to the jurisdiction of the courts within Australia. The provisions of this agreement are divisible and the invalidity or unenforceability of any provision or provisions contained herein shall not in any way affect the validity of this agreement without the invalid or unenforceable provision or provisions.
10.) MERGER CLAUSES: The entire contract is embodied in this writing. There are no understandings, agreements, representations, or warranties, either oral or written, relative to the products, including statements made in or conduct implied from past dealings that are not fully expressed herein. No oral or any other form of statement subsequent to the acceptance of the purchase order purporting to modify the said terms and conditions shall be binding unless consented to in writing by a duly authorised officer of AONIQ PTY LTD in a document making specific reference to this transaction or after a transaction has been made.