The customer accepts that these conditions shall apply to all legal relations between itself and Labtek Pty Ltd, to the exclusion of any other terms including any conditions, warranties or representations written, oral or implied, even if contained in the customers documents which purport to provide that the customers own terms shall prevail. No variation of these conditions shall be valid unless in writing signed by Labtek to the customer.
Acceptance of Orders
All orders received shall be understood to be placed in accordance with these Terms and Conditions. Labtek reserves the right to accept or reject any order for goods. Labtek is under no obligation to supply goods if bona fide doubts as to the customer’s solvency exist. Labtek may in such circumstances withhold goods contracted to be sold to the customer without repudiation of the contract being implied or expressed or any legal proceedings being necessary.
All prices, whether quoted or given in the company catalogue, website or price lists, are ex works only and are subject to alteration without notice. In the event of any increase caused by circumstances beyond the Labtek’s control, Labtek reserves the right to revise the prices for goods affected by the increase. All prices quoted exclude GST and any other government taxes which, if applicable, will be to the customer’s account. Packing and delivery charges will be to the Customer’s account.
Quotations and Invoices Validity & Errors
Labtek Pty Ltd reserves the right to amend any errors and omissions in quotations and invoices and to charge increases in import duty, currency exchange rates and other government charges to the customer’s account.
Packaging materials and method of consignment shall be at Labtek’s discretion. Special charges may apply to customer specific packaging or consignment requirements. Labtek will make all reasonable efforts to have the goods delivered on time. Labtek will not be under any liability for any loss, penalty, injury or non-delivery, from any cause at all. Supply of goods quoted from stock is subject to the goods being available at the time the purchase order is placed.
Payment and Title Of Goods
Payment of all goods supplied will be made within thirty (30) days after the date on which the goods are invoiced unless the company has specifically quoted or agreed to an alternative arrangement. Labtek reserves the right to withhold further deliveries until payment is received of any overdue amount. Title to the goods will not pass to the customer until Labtek has received payment in full. The customer irrevocably gives Labtek, its agents and servants, leave and license, without the necessity of giving any notice to enter at any time on and into the premises occupied or controlled by the customer, forcibly if necessary, to inspect, search for and remove any of the goods in which title has not passed to the customer, if any dept owing from the customer to Labtek is not paid by the due date.
All returns for whatever reason must be authorised by Labtek, goods returned to Labtek must be accompanied by a RGA (Returned Goods Authority) with a valid return number issued by Labtek. Any refunds due will be completed within 30 days of receipt of goods.
- Picking/Order Input Errors
Please check the delivery contents: if there is anything missing or incorrect, you must inform us within 3 working days of receipt of goods.
- Defective Items
If the goods ordered turn out to be defective or arrive in a damaged condition, you must inform us within 7 working days of receipt of goods. The defective items should be returned to Labtek at our expense. If however the goods returned are found to be in good working order a restocking fee and freight charge may apply.
- Incompatibility Issues
If you believe the goods to be incompatible with your stated requirements, you must inform us within 7 working days of receipt of goods.
- Cancellation/Goods Ordered in Error. Labtek does not accept the return of non-standard, indent or special items. For all other standard items being returned a restocking fee may apply.
- All freight costs incurred in returning goods to the company will be at the cost of the customer unless Labtek has agreed to accept the return freight costs. A condition of such agreement is that the Customer must use the freight carrier nominated by Labtek. All freight costs incurred in returning goods to the company shall be at the cost of the customer unless Labtek has agreed to accept the return freight costs. A condition of such agreement is that the Customer must use the freight carrier nominated by Labtek. If appropriate, a statement setting out what potentially hazardous use has been made of the goods together with, where appropriate, a decontamination notice signed by an officer of the Customer and stating the decontamination method used must accompany all returned items. If requested, Labtek can provide the necessary forms.
While every effort is made to meet the Customer’s particular requirement, Labtek will be under no obligation to accept cancellations or amendments to an order or part of an order or return of goods:
- For a stock item if the quantity represents stock of more than six (6) months of Labtek’s normal sales of the item(s);
- The item(s) have been purchased as a special indent order and cannot be returned to Labtek’s supplier;
- The item(s) has been damaged or has deteriorated other than in a way covered by warranty;
- For item(s) to be returned to the manufacturer, the time for return has expired.
The risk in the products supplied passes to the Customer upon delivery of the goods to the Customer's carrier or to the Customer, whichever occurs first.
Injury and Damage
The customer shall indemnify Labtek against all claims whether made under any contract or statute or under common law in respect to any loss or damage to any property whatsoever, or injury to any person whatsoever arising out of any defect in material or workmanship in connection with any goods manufactured and/or sold by Labtek or any default of negligence on the part of the Labtek’s personnel in connection with or during the carrying out of any work by Labtek on the purchasers premises or any others persons property.
All instruments and accessories, including consumable items such as electronic tubes and batteries, are guaranteed to be free from defects in material and workmanship in accordance with manufacturer’s warranty. This warranty is offered on an ex-works basis and the Customer will be responsible for the transport to Labtek’s warehouse and/or the manufacture’s warehouse should this be required. Damaged or malfunction due to misuse or use not in accordance with written instructions provided is excluded from this warranty.
Variation in the application of these trading terms will not operate as a waiver of these terms nor preclude any other further application of those trading terms.
In addition to any lien to which the company my be entitled by statute or common law the company shall, in event of the customers insolvency, bankruptcy or winding up, be therefore entitled to a general lien on all property whatsoever owned by the customer, to cover the unpaid price of any goods.
The contract constituted by the acceptance of the customers order, or by the customers acceptance of Labtek’s tender/quotation shall be construed to be in accordance with the laws of the State of Queensland.
Installations and Commissioning
All equipment shall be installed and commissioned by an at the expense of the customer unless otherwise agreed to in writing or otherwise stated in writing by Labtek Pty Ltd. In the case of equipment which Labtek undertakes to install, it is the customer’s responsibility to provide all service utilities required, e.g.; electrical power outlets, water outlets, drains, compressed air lines etc. If special handling equipment is required such as heavy lift gear of movement of the equipment at the installation site the cost of hiring or using such equipment and any associated charges will be additions to the customers account. Installation may be at the time of the delivery or as soon as practical thereafter.
It is the customer’s responsibility that all applicable health safety and other regulations be observed and to take appropriate steps in relation to the storage, handling, and use of the goods be taken and where information is supplied on potential hazards relating to the goods and to bring such information be brought to the attention of its employees, agents, visitors and customers.
Other brands or protected terms, symbols or illustrations are used for reference purposes and without any claim of ownership. Reproduced trademarks are the property of their respective owners.
Errors and omissions excluded.