National Weighing & Instrument Quotation Terms & Conditions

1. Placing an order with National Weighing and Instruments, hereinafter referred to as NWI, after acceptance the customer agrees to the Terms and Conditions set out below by way of sale Contract between the parties here to:

2. When you place an order or accept a quotation from NWI for goods or services (whether cash or credit) our trading terms are thirty (30) days from date of Invoice.

3. Not withstanding goods delivered (or put in transit) by NWI to the customer ownership and title in such goods shall remain with NWI and not vest in the customer until all contract consideration and associated delivery and other charges have been paid by cash, cleared cheque or Credit Card by the customer and in the event of any payment default by the customer at the expiry of the above trading term period or being a company commences to be wound up or is placed under official management or a receiver is appointed or being an individual becomes insolvent or bankrupt or commits an act of bankruptcy, NWI shall been titled to reclaim possession of all goods not fully paid for and for this purpose enter upon any premises or vehicle of the customer where such goods are located without prior notice and retake possession of the goods in the possession or control of either the customer or its assigns. Until payment of the goods have been made in full by the customer the goods must be stored by the customer separately from any other goods and in such a manner that they maybe readily identifiable by NWI and available to NWI to conveniently retake possession thereof.

4. Our Conditions always apply.

Interest on overdue amounts:

1. When you place an order for goods or services and after ninety (90) days the goods and/or service Invoice remains unpaid a service fee of 1% per month until the full sale price with associated charges is paid together with interest

thereon equivalent to 10% on daily rests.

2. NWI may recover the price of goods or services together with all interest
from the customer as a liquidated debt in a court or Tribunal of competent jurisdiction.

Fees:

1. A dishonoured cheque fee will be charged to customers’ account.

2. A Credit Card surcharge is applicable to all Credit Card transactions.

Indemnity:

1. The customer indemnifies NWI on a continuing and full indemnity basis against any liability, loss, expense (including legal costs) or demand for or arising from: any false, misleading or deceptive representation or statement made by the customer in respect of goods or services to any person or any breach of this contract by the customer.

No Merger:

1. The continued operation of these Terms and Conditions shall not be affected by any repudiation or other termination of any contract or transaction relating to the goods or services between NWI and the customer.

GST:

Exclusive and a Tax Invoice will be issued. GST applies to the full extent permitted by law and except as provided for in this contract, no warranty, condition, description or representation on the part of NWI is given or implied or has been given or is to be implied from anything said or written in the negotiations between the parties or their representatives, and any statutory or

other warranty, condition, description or representation, express or implied as to the state, quality or fitness of goods or services is expressly excluded.

Quoted Prices:

Quoted prices are valid for thirty (30) days from the date of quotation and may be withdrawn or varied by NWI at any time, without notice. NWI reserves the right to extend the period of quotation for a period not exceeding three (3) months from date of quotation.

Includes packaging in accordance with recognised standards, but the customer must bear the cost of any special packaging requested or required by the customer or deemed necessary by NWI.

Sale by Specification:

1. The customer acknowledges that it has satisfied itself that the goods and services meet the customer’s requirements.

2. NWI sell our products by specification and it is the customers’ decision as to what purpose goods are used.

Installation of Goods:

1. NWI takes no responsibility for abuse, misapplication or improper installation of goods.

2. The customers’ premises are ready and fit for their installation and that it requires NWI to install the goods.

3. The obtaining of all necessary permits and licences required by all relevant authorities, agencies and local/State, Commonwealth government departments or bodies.

4. NWI takes no responsibility for the condition of any existing machinery, plant or equipment, which may be used in conjunction with any goods and any effect that such machinery, plant or equipment may have on the goods.

Delivery of Goods:

1. The customer is liable for all shipping and handling charges in connection with the delivery of goods.

2. The customer may engage its own delivery freight company at its own cost and associated risks.

3. NWI will do its utmost best to deliver goods on time (delivery times are estimates only) but will not be liable for any failure of delivery due to fire, embargo strike or inability to secure labour or materials, loss or damage arising from any delay caused by NWI or any other circumstance beyond the control of NWI.

4. Goods will be delivered to the customers’ place of business or as otherwise specified.

Return of Goods:

NWI will not be under any duty to accept goods returned by the customer and will do so only on terms to be agreed, in writing, in each individual case.

Service Repair Warranty:

Warranty exclusions:

1. Damage during transportation of goods without fault on the part of NWI.

2. The customer’s failure to ensure proper storage, operation and maintenance of goods.

3. Tampering with or unauthorised modification of goods other than by NWI.

4. Abnormal or extreme temperatures outside the operating range of goods, abnormal power source or disturbance.

5. The use or operation of goods above the rated capacity of goods or in any other improper or unsuitable manner.

Trade Approval:

Please note that scale(s) or balance(s) described overleaf are NOT LEGAL FOR TRADE USE unless the scale(s) or balance(s) are an approved pattern under Section 19A of the National Measurement Act and must bear the following:

1. Certification mark by servicing Licensee.

2. National Standards approval number or

3. Verification or re-verification mark by a Weights and Measures inspector.

Warranties and Limitations:

1. Subject to absence of negligent or incompetent usage by the customer NWI warrants that goods will be free from defects in manufacturing and materials for a period of one (1) year from the earlier of the date of final Invoice for the goods or despatch of goods to the customer by NWI (goods warranty period).

Service: Plans

1. Our services do not include repairs, damage caused by external factors such as, but not limited to abuse, misuse, negligence or miss-operation by an operator, the customer or third party or due to fire, water, theft, vandalism, accident or corrosive or injurious environment or where a machine has been repaired or interfered with by a person not authorised by NWI or if the

machine has been moved to other premises.

2. Breakdown. This applies to breakdown service plan. Within a reasonable
time of request from the customer NWI must provide maintenance for any of the machines listed on this Form which are not performing to the normal
standards for such a machine. NWI provide service from 7 – 5 pm Monday to Friday.

3. Workshop Repairs: The customer must allow NWI to take the equipment away to our workshop or other workshop designated by NWI, if that is reasonably required, so that NWI can carry out any maintenance under the service plan. The goods must be de-contaminated, if necessary.

Periodic Stamping:

Periodic stamping of machines may be required by the relevant authority. NWI may endeavour to arrange such stamping but are not liable for any refusal or omission to arrange for such a stamping. The customer must pay or reimburse NWI for any costs incurred in respect of such periodic stamping or similar certification.