Commercial Trading Terms
provides appropriate commercial trading terms to its customers.
These are explained on the following pages for:
Standard Terms and
Conditions of Trade
By accepting delivery of goods supplied as described in this catalogue
("The Products"), the purchaser expressly agrees with Maitland Investments
Pty Ltd ABN 11 008 046 722, trading as Surgicon Systems ("Surgicon")
that the proper law governing the contract for the purchase of The
Products shall be the laws of the State of South Australia and of
the Commonwealth of Australia, and that such laws shall determine
all substantive rights and obligations of both parties. The purchaser
and Surgicon also expressly agree to submit to the jurisdiction
of the appropriate courts under the laws of South Australia and
the Commonwealth of Australia in respect of any dispute arising
in connection with such contract.
Surgicon acknowledges that all conditions and warranties implied
by the Trade Practices Act (Cwlth) 1974 as amended, and any other
relevant Commonwealth or State legislation and which by law cannot
be excluded or modified are included in these Terms and Conditions
of Sale, and that the purchaser's rights under such conditions and
warranties are not affected by any additional conditions and/or
warranties or by any qualifications to the operations of such additional
Except as otherwise expressly stated in this document, Surgicon
gives no conditions or warranties whatsoever other than those which:
(a) relate solely to The Products, and (b) are identical with the
conditions and warranties provided by the manufacturers of those
products, or in the case of products not manufactured in Australia,
are identical with the conditions and warranties of the importers
of those products. Surgicon does not offer to supply any services
whatsoever in relation to The Products unless specifically agreed
in writing prior to the making of this contract.
Surgicon gives no conditions or warranties whatsoever in relation
to any information sought or furnished as to the operation or otherwise
of The Products.
Where Surgicon gives any warranty relating to replacement or credit
in the event of a faulty product, the purchaser shall only be entitled
to be reimbursed by Surgicon the equivalent amount in Australian
dollars which the manufacturer or importer pays to Surgicon, under
the manufacturer's or importer's warranty as to replacement credit.
Claims, Settlement of Accounts and Title to Goods
All claims for shortages or deficiencies in goods supplied by Surgicon
shall be notified by the purchaser to Surgicon NO LATER THAN SEVEN
(7) DAYS AFTER DATE OF DELIVERY, otherwise Surgicon reserves the
right not to recognise such claims.
Apart from any product deficiencies, Surgicon reserves the sole
right to accept pre-ordered goods back for credit or refund. A re-stocking
fee may be charged by Surgicon if goods are accepted for return.
Goods specifically imported against a purchaser's order will not
be accepted for return unless a re-stocking fee is paid.
We will not accept Collodion back for refund for any reason, unless
the product is faulty and claim is lodged within seven (7) days
Any invoice issued by Surgicon to the purchaser for supply of goods
or services is done so on condition that settlement will be effected
in full at the address of Surgicon (as shown on the invoice) by
the "due date", which unless otherwise shown is 21 days after invoice
date. At the end of seven calendar days after the due date, Surgicon
reserves the right to either demand the return of the goods at the
purchaser's expense, or to immediately charge the purchaser an additional
2% of invoice total, (or A$5.00, whichever is the greater amount),
as liquidated damages, plus a further 2% per month or part thereof
that the invoice remains unpaid after the due date.
Title to goods shall not pass from Surgicon to the purchaser until
all invoices for the goods, including any liquidated damages as
above, are paid in full to Surgicon.
Surgicon Systems will charge
goods and services to the following card accounts
At this stage, our preferred method of handling these
transactions is to have you complete an order form which includes
your charge card details and fax this to us.