SC1.  Tax Invoices & Proof of Delivery

The Supplier/Subcontractor shall provide auto-generated Tax Invoice(s) to the Purchaser Accounts Email after each delivery and installation (if applicable).

SC2.  Warranty

The Supplier/Subcontractor warrants that during the Defects Liability Period, to the maximum extent permissible under the Original Equipment Manufacturer (“OEM”) standard warranty, to repair or replace any defective Goods due to defect in materials and/or workmanship. The Supplier/Subcontractor further warrants that the Goods supplied as manufactured will be fit and merchantable having regard to the purposes (if any) communicated by the Purchaser to the Supplier/Subcontractor at or simultaneously with the placement of the Purchase Order. If no purposes have been communicated, the Goods supplied will be fit and merchantable for their general purposes having regard to the nature of the Goods supplied.

SC3.  Limitation of Warranty

The Supplier/Subcontractor is not liable to the Purchaser for any damage or destruction of the Works (including Goods and Materials supplied) caused by:

• (a)  any failure by the Purchaser to properly or safely protect the Works after sign off by the Purchaser (or its authorised Builder);

• (b)  any use by the Purchaser or any other Person of the Goods contrary to their specifications;

• (c)  any act or omission by the Purchaser or any other Person after delivery and installation by the Supplier/Subcontractor;

• (d)  any failure to properly maintain, operate or repair the Works/Goods after installation by the Supplier/Subcontractor.

SC4.  Return of Goods

The Purchaser may request cancellation or return of Goods, subject to the following:

• (a) Special Order: Goods manufactured to Purchaser’s specifications, custom made, or modified to Purchaser’s

  requirements, are non-returnable once order is placed by supplier/manufacturer;

• (b)  Non-Returnable Goods: not returnable under any circumstances once order has been placed;

• (c)  In any event all returns and cancellations shall be at the Supplier’s/Subcontractor’s sole discretion.

SC5.  Risk & Title

Title for Goods and Materials supplied by the Supplier/Subcontractor shall pass to the Purchaser upon full and cleared payment to the Supplier/Subcontractor. Risk for and in the Works shall pass from the Supplier/Subcontractor to the Purchaser at the completion and handover of the Works.

SC6.  Suspension of Works

For the avoidance of doubt, the Purchaser has no claim against the Supplier/Subcontractor for liquidated damages (or otherwise) in the event that the Supplier/Subcontractor suspends the Works due to:

• (a)  non-payment by the Purchaser within the payment terms; or

• (b)  if the Purchaser exceeds its credit limit as outlined under its trading terms.

If the Works is delayed due to suspension by the Supplier/Subcontractor for non-payment or where the Purchaser exceeds its credit limit, the Purchaser shall have no recourse or claim against the Supplier/Subcontractor (liquidated or otherwise), until such times that the Purchaser’s credit account has been paid within the payment terms, and the balance is within the Purchaser’s credit limit.

SC7.  Electronic Signing

The scanned signatures of the parties shall be deemed to constitute original signatures, and scanned copies hereof shall be deemed to constitute duplicate originals.
A signed copy of this Agreement transmitted by email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.

SC8.  Force Majeure

Failure or omission by the Supplier/Subcontractor to carry out or to observe any of the conditions of this Agreement shall not give rise to any claim against the Supplier/Subcontractor by the Purchaser, or result in a breach of this Agreement, if such failure or omission arises by reason of delay or inability to perform, caused by war (whether declared or not), insurrections, strikes, inability to obtain materials, fire, storm or other severe action of the elements, accidents, disease, pandemic, government restrictions or for any other causes whether like or unlike the foregoing which are unavoidable or beyond the control of the Supplier/Subcontractor.

SC9.  Payment for Goods and Materials Ordered

Should the contract or order be terminated by the Purchaser for convenience, or for any other reasons, other than any direct and substantiated breach by the Supplier/Subcontractor, the Purchaser shall remain liable for payment for goods and materials ordered under the Order, which cannot be reasonably cancelled or returned by the Supplier/Subcontractor, up to and including the date of termination, unless agreed to the contrary in writing by the Supplier/Subcontractor.

The Works shall be governed only by the Scope of Inclusions outlined in this Quotation, and to the HNC Trading Account Agreement as executed by the Customer. No other terms and conditions of the Customer's shall apply or enforceable.

Non Stock Item: To be ordered from supplier - cancelled orders may be subject to minimum 20% supplier re-stocking fee. ** Denotes Special Order goods, as per your request - non returnable.

All warranties are subject to Original Equipment Manufacturer (OEM) Standard Warranty Terms and Conditions, and only extended if agreed in writing by OEM