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Terms & Conditions

  1. These standard terms and conditions, together with any other additional written terms we provide pertaining to your purchase order or service agreement between you, the Buyer, (the "buyer/you/your"), and us, any part of the CI Scientific group (CIS), is the final form of terms and conditions applicable to the transaction. Any terms and conditions of the buyer are not part of this contract and are subject to these terms and conditions. Acceptance of equipment or of services from CIS is acceptance of these terms and conditions. If your order includes software licensed to or by CIS then the relevant End User Licence Agreement (EULA) will be provided with the equipment, or is available via ciscientific.com and those terms will supersede these where applicable. All terms of the contract including price and product information remain commercial in confidence between CIS and you.

  1. Grant of License CIS grants you the personal right to use the software. This right is non-transferable in any way, other than pursuant to any overriding EULA, and is licensed only for the agreed commercial use. You may not take any action to reverse engineer or otherwise analyse the software for any use other than that which CIS has intended. No ownership or right in the intellectual property is granted in any way other than for use.

  1. Quotations Any quote of offer made by CIS expires 30 days after provision of the quote, unless withdrawn earlier prior to acceptance. Any quote or price provided by CIS is predicated upon the information provided by you and CIS retains the absolute discretion to alter amend that price at any time should the information provided be incorrect or inaccurate. Any published price is not an offer and may be altered without notice. Any price provided by CIS does not include taxes, shipping, packaging or handling, insurance duties or inspection fees, installation or any other on-cost unless otherwise expressly stipulated in the quote. All prices are subject to the current exchange rate, and all variations will be charged to the buyer at final payment.

  1. Changes or alterations You may make changes or alterations at any time, however if those changes affect the delivery of services or equipment by CIS, the quote or fee will be appropriately altered. The buyer remains liable for all materials, or work already completed up until notification of change, regardless of whether that is now required.

  1. Product Information Any specific characteristics including but not limited to product weight, dimensions, value, return on investment, load, tolerance or any other technical or practical is for information purposes only and CIS is in no way responsible if the specifications do not meet the requirements of the buyer. CIS limits its responsibility to the advice and information required under this Contract and is not responsible for information provided outside the scope of the Contract for goods or services as provided.

  1. Terms of payment All payment terms are stated on the CIS order document and are strictly 30 calendar days from the date of invoice, unless otherwise agreed in writing by CIS. The buyer may not at any time delay or set-off any payment due to CIS for any dispute claim.

 

  1. Taxes Any taxes required by law to be added to the purchase are the responsibility of the buyer only unless a valid exemption is provided by the buyer. Should the exemption become invalid for any reason whatsoever, the buyer assumes the liability and holds CIS indemnified in all respects.

 

  1. PPSR the buyer grants CIS the absolute right to list any equipment on the Person Properties Security Register and the buyer will make no objection. The buyer will also make every effort to assist the registration of the interest should CIS require it.

 

  1. Shipping handling and Delivery All shipping is Ex Works from the relevant CIS office unless otherwise stated in writing. All delivery and service dates are estimates unless CIS agrees otherwise in writing to an agreed fixed date or schedule, and all dates are subject to the timely receipt of information from the buyer. Any delay due to any action or inaction of the buyer that causes a delay in delivery will result in CIS storing the equipment at the buyer’s risk, and the buyer will be liable for all insurance, storage, and additional handling charges. The buyer will be immediately liable for the balance of the original purchase invoice and CIS will not be responsible for any damage to the items as ordered.

 

  1. Returns Any equipment or software configured or altered in any way for the purpose of the buyer, or any goods previously installed, damaged or used, may not be returned unless there is a valid warranty claim. Any ‘off the shelf’ equipment may only be returned with prior approval of CIS due to shipping error or a valid warranty claim. All return costs are the exclusive responsibility of the buyer unless delivered at the error of CIS. CIS may at its absolute discretion charge a minimum re-stocking fee of 20% of the value of the item.

  1. Cancellation The buyer may not cancel the order for purchase of goods unless specifically agreed to by CIS. Cancellation of any purchase will only be allowed where CIS has not already shipped the goods, and if prior to shipping the buyer remains liable all actual outlays and all other reasonable costs of CIS associated with the purchase. A restocking fee may be required. In the case of service contracts, cancellation will only be accepted if the contract has not already been commenced, and the buyer remains liable for all reasonable expenses up to and including the time of agreed cancellation.

  1. Warranties CIS warrants generally that the goods and services provided by CIS are suitable for the purpose according to the information supplied by you. Should the goods or services fail due to the improper, incorrect or insufficient information of the buyer, this warranty is subsequently voided. This warranty may only be transferred to a subsequent purchaser or licensee with the prior written consent of CIS.

CIS will not warrant consumables, normal wear and tear or perishables. This warranty will not extend to goods that have been altered by you, or been subject to accident, misuse, abuse, failure to store or service, or installation or service by personnel other than authorised CIS personnel, or alteration to equipment or software other than by CIS personnel.

  1. Equipment CIS warrants that under normal use all equipment will be free from defects in workmanship and materials for twelve months from the date of installation or initial use, or 18 months from date of shipping, whichever occurs first. Replacement parts are guaranteed workmanship and materials for a period of 90 days from delivery. CIS retains the option to repair, replace or refund at its discretion. This warranty is amended in relation to the 8 litre model of autoclave which must be returned to CIS for inspection and repair at the initial expense of the buyer and will then be returned to the buyer at the expense of CIS. Travel up to 80 kilometres from our nearest service representative or authorised service provider is free of charge for all valid warranty claims.

  1. Software If installed according to specifications and system requirements, CIS warrants the software it develops will perform substantially the functions described in the software documentation it provides or, in the absence of any software documentation, as otherwise agreed in writing. CIS does not warrant that the software is error-free, that Buyer will be able to operate the software without interruption, that third party interfaces or systems connected to the software will operate without interruption, or that the software will be free of vulnerability to intrusion or attack. This warranty operates for the same period and under the same terms of the equipment purchased with the software and includes bug fixing, but excludes new features. Where software is developed or customised for the buyer, CIS makes every reasonable attempt to ensure that the software is suitable for purpose as described, but cannot guarantee operation performance.

 

  1. Warranty service
    1. It is essential that the buyer follow all information, product and system manuals, operating instructions and other documentation and specifications provided with the equipment of by CIS or these warranties are void.
    2. CIS will, wherever possible, CIS will initially attempt to rectify any faults or warranty claims using remote support capabilities. You must follow our instructions for resolution of any warranty or service claim. If CIS is unable to resolve the problem remotely, CIS may determine that on-site service is required, or that parts or equipment are to be returned to CIS for repair and rectification. Should the buyer require on-site service and it is found that the defect could have bene resolved remotely, the buyer will be liable for service travel costs. Where the defect is not the responsibility of CIS due to a valid warranty claim, then the buyer will also be liable for full service costs.
  • CIS warrants that all work will be performed in a workmanlike manner and in conformity with standard industry practice. However where the buyer requires warranty service work to be completed outside CIS standard work hours of 8.30am to 4.30pm then the client will be charged at double time.
  1. These warranties do not apply to goods that have been subject to misuse, alteration by persons other than CIS authorised personnel, failure by the buyer to properly care, maintain or store the equipment, improper or lack of service, or operation outside the stated parameters of the equipment.
  2. Warranties are otherwise limited to the existing warranty of the original manufacturer, and any repairs by CIS will not create a new warranty term except for the parts installed by CIS.
  3. This warranty is void completely should the product be moved outside the country delivered to, unless otherwise agreed in writing.

 

  1. Regulation and Applicable Laws CIS takes all reasonable steps to ensure compliance with local applicable laws, including compliance with operational standards and regulations however CIS cannot guarantee that any equipment supplied by CIS will be compliant

 

  1. Liability CIS will under no circumstances be liable to the buyer for loss, damage or expenses of any type either direct, indirect or consequential caused or contributed to by the buyer or by third parties due to incorrect or misuse of the goods provided.

 

  1. Insurance If required, CIS will provide reasonable evidence of coverage, however you must keep this information strictly confidential. Cover is not extended to third parties and no additional parties may be added to CIS insurance.

 

  1. Export control The buyer acknowledges that equipment or software provided by CIS may be subject to export control regulations imposed by the European Union, the United States of America, or other countries. You are solely responsible for complying with those restrictions and for any breach or violation of those export restrictions, whether by yourself or your employees, agents or customers, and indemnify CIS in all and every respect for any breach.

 

  1. The buyer acknowledges that CIS has obligations pursuant to the Therapeutic Goods Act and related legislation, and the buyer agrees to keep all records necessary for a minimum period of ten (10) years for CIS to complete those obligations, including, but not limited to keeping all records as needed to allow CIS to trace and recall the equipment or software, including all details of sale to any third parties. The buyer will also immediately inform  CIS of any complaints or adverse incidents related to any equipment or software supplied by CIS, and promptly comply with any directions given in that regard, including storage and transportation.

  1. Customer Data You agree that CIS may collect and maintain information for the commercial purposes of CIS, and that data may be stored with a third party data storage facility. CIS will make every attempt to keep that information confidential in line with applicable laws, however will not be held responsible for the default or negligence of the data storage third party

  1. Force Majeure The parties will remain bound by this contract however CIS will not be held responsible for failure to complete for circumstances beyond their control, including acts of God, strikes, insurrection, war, acts of terrorists, emergencies, unforeseen shortages, change in law, or other similar circumstances which are beyond CIS’s reasonable control.

 

  1. Interpretation If any of the terms or conditions conflicts with or is otherwise invalid under law, these terms and conditions will be so read down but only to the extent required by law.

 

  1. Governing Law This Contract is subject to and governed by the laws in place in the State of New South Wales unless otherwise nominated by CIS.