Conditions of Sale

These Conditions of Sale apply to the sale of items and equipment included in the current issues
of Stemar Electrical Products Pty. Ltd. Thereinafter referred to as the Company) price lists, or
where a quotation is made, they shall form part of the quotation. No variation or cancellation of
any of these Conditions of Sale shall be binding on the Company unless approved to by the
Company in writing.

In the event of conflict between these conditions and those which may be included in, or
implied by, any document forming any part of any enquiry, specification, quotation, or order
then these conditions shall prevail except in as far as they are expressly varied by the Company
in writing or otherwise by law.

The quotation is not to be construed as an offer or obligation to sell and the Company reserves
the right to accept or reject any offers received.
Unless otherwise stated, quotations are open for acceptance for period of 30 days from date of
quotation and thereafter are subject to confirmation before acceptance.
A contract may, at the Company’s option, be terminated in the event of the purchaser or of
execution being levied against any of the goods of the purchaser or the purchaser being placed
in liquidation, whether voluntarily or otherwise.
An order may be varied only if such variation is accepted by the Company in writing and any
variation or cancellation by the purchaser (whether or not it has been agreed to by the
Company) may only occur on terms which will provide for the Company to be indemnified by
the purchaser against any loss or damage.

All descriptive specifications, illustrations, drawings, data, dimensions and weights furnished by
the Company or otherwise contained in catalogues, price list and other advertising matter of the
Company are approximate only and are intended to be a way of general description of the
goods and shall not form part of the contract unless certified by the Company in writing, in
which case, they shall be subject to recognised tolerance.
All drawings and data provided by the company are to be recognised as intellectual property of
Stemar and shall not be duplicated or used by any third parties without the written consent of
the company.
Any performance figures given by the Company are based on the Company’s experience and
are such as the Company experts to obtain on test.
The Company shall be under no liability for damages for failure unless the Company has
specifically guaranteed them in writing, subject to recognised tolerances applicable to such
(a) All prices are subject to change without notice and all orders are accepted by the Company
on the condition that they will be invoiced at the price ruling at despatch.
(b) Goods are sold on a Free On Transport (FOT) or Free into Store (FIS) basis, where the
purchaser requires a freight to be prepaid, all expenses will be to their account at cost.
Prices quoted as FIS will be clearly itemised in the companies formal Quotation.
(c) All prices shown published catalogues, or price lists are recommended selling prices only
and there is no obligation on the part of any reseller to maintain the same prices.
(d) The quotation includes only such goods as specified therein. Goods offered ex stock are
subject to prior sale and delivery time quoted without engagement.
9. GST
The prices quoted do not include GST unless specifically stated.
GST, at the applicable rate shall be added on the prices unless the order is for export.
A delivery charge per order, charged at the rate applicable at the time of delivery, will be
applied on all orders which are delivered to a customer’s premises. This amount will be shown
as a separate item on all invoices. The delivery charge will not be applied to the supply of
equipment back orders from an original order, which is beyond the control of the customer.

Where credit has been satisfactorily established terms are nett cash 30 days from date of
invoice unless otherwise stated, should suitable credit facilities / rating not be established terms
will be C.O.D. When payments are made contingent upon delivery, erection or test, and any of
these stages are delayed to suit the purchaser’s wishes or convenience, or by reason of
unreadiness of site foundations, or other works – such as delivery of material being furnished
under separate contract – payments are to be made within the time in which they ordinarily
would have been made and there been no such delays, the material being, if necessary, stored
at the purchaser’s risk and expense.
Should the purchaser delay in respect of any payment due to the Company shall have the right
in addition to all other rights at law to charge interest on the overdue amount at such rate as
shall be charged to the Company by the Company’s bankers for overdraft accommodation and
calculated from the date of the invoice to the actual date of full and final payment. Payment will
be credited first against interest accrued. The Company may also defer or cancel any
outstanding balance of an order and may enter upon the purchaser’s premises or elsewhere at
any reasonable time to take possession and/or remove any equipment supplied for which
payment has not been received.
Unless stated otherwise in the quotation, the price quoted includes packing in accordance with
the Company’s standard practice. Any other packing requested by the purchaser or deemed by
the Company will be charged for in addition to the price quoted.
The delivery period quoted commences from the date of the Company receives clear technical
information to proceed with supply or from the date the Company receives the purchaser’s
written order, whichever is the later date. Quoted delivery dates are subject to confirmation
when placing the order. The Company shall not in any event be liable for any loss of profits or
any other consequential loss or damage caused to the purchaser by any delay in the delivery or
any non-delivery of the goods or any part of them.
Claims for shortages in deliveries must be advised to the company in writing within 7 days of
receipt of the goods.
Where carriage is the responsibility of the Company, the Company will repair or may replace
free of charge contract goods lost or damaged in transit to the contractual point of delivery
provide written notice of such loss or damage is given to the Company within 3 days of delivery
of expected delivery, or within such times as will enable the Company to comply with the
carriers conditions of carriage as affecting loss or damage in transit.

Notwithstanding that the goods shall in whole or part be at risk of the purchaser, the property
in and legal title to the goods shall remain with the Company until they have been paid for the
purchaser. Where carriage is the responsibility of the Company, this obligation shall be subject
to the provisions of clause 16.
Subject to the right conferred on a consumer under Section 75A of the Trade Practices Act 1974
where such is applicable and otherwise to the extent permitted by law, goods will be accepted
for credit only by prior agreement or to the extent that they have been wrongly or over
supplied. Returned goods shall be delivered to the Company free of charge, in good order and
condition, unused in the original packaging accompanied by a despatch note stating the original
invoice number, date of supply and reason for return, except where goods have been wrongly
or over supplied a charge as determined by the Company will be made for handling costs.
Goods made to special order cannot be returned or credited unless not to specification or
otherwise not in accordance with any expressed or implied term of the contract, subject to the
right of a consumer as a foresaid.
All goods which are the Company’s own or the Company’s principal manufacture are guaranteed
against faulty workmanship, materials or design for a period of 12 months from the date of
despatch after which all liability on the part of the Company ceases. The company’s liability for
any loss, injury or damage attributable thereto shall be limited to making good by replacement
to repair of defects, which appear therein under proper use provided that the Company is
permitted to inspect defects before replacement, the defective parts being returned free into
the company’s store.
Any unauthorised repairs or alterations to the equipment shall invalidate this warranty. In case
of goods not of the manufacture of the Company or its principals, the Company undertakes that
it will, if requested in writing by the purchaser, make all reasonable endeavours in assisting the
purchaser to obtain from the manufacturer the benefit of any guarantee or warranty which the
manufacture may have expressly given as to the quality or fitness for any purpose of the goods,
except as may otherwise be provided by law.
The fulfilment of this undertaking shall constitute the Company’s sole liability for any loss or
profits or any other consequential loss or damage suffered by the purchaser consequence of
any defect material or workmanship of the goods (whether of the manufacture of the Company
or its principals or otherwise) or the failure of the goods to perform in accordance with any
performance figure stated.
This warranty does not exclude any condition or warranty implied by the Trades Practices Act
1974 or separate State Laws and is in addition to any other right that the original purchaser or
any subsequent purchaser may have at law.