Sinot New Zealand and Sinot Australia Terms and conditions
The following terms and conditions shall apply and form part of the Sale and Purchase Agreement set forth herein.
1. Payment. The Purchaser shall pay the Purchase Price for the Products set forth in the Agreement for Sale and Purchase (Agreement). Credit Cards are not accepted unless prior arrangements have been made.
The Purchase Price shown on the Agreement does not include applicable freight costs, insurance, taxes or other levies resulting from this transaction unless otherwise stated in the Agreement. All taxes and other levies resulting from this transaction except for taxes on income to Sinot New Zealand (Sinot).
2. Delivery. Unless the contract states otherwise, all Products are sold F.O.B. Sinot’s plant facilities, or any port, customs clearing facility or bond store that the shipper and/or Sinot may use from time to time. The Purchaser shall be responsible for and shall pay the cost of rigging, delivery and insurance of the Products from the F.O.B. point to the installation point or user site unless otherwise stated in the quote and/or the Agreement. If requested, Sinot will arrange for delivery of the products to the installation site and the Purchase shall be invoiced for the cost thereof whether separately or inclusive in the purchase price. Delivery dates are estimates only and Sinot shall not be responsible for delays for delivering the Product.
3. Title. Title to Products shall pass to Purchaser upon full payment of the purchase price and associated costs. Non-payment of the full purchase price or any other costs provided for hereunder when due shall entitle Sinot to enter upon the premises of the Purchaser and take possession of the Products without further notice to the Purchaser and without prejudice to Sinot's rights hereunder, and the Purchaser hereby consents to such repossession and shall indemnify Sinot and hold Sinot harmless from any and all loss, damages, costs and expenses whatsoever. Sinot furthermore may pursue any alternative or additional and cumulative remedies provided by law.
4. Installation and Start-up. The purchaser shall be responsible for the preparation of the installation site for the Machine/s, the unloading and locating of the Machine/s and the installation and availability of all required utilities (unless the Agreement states otherwise) to the specifications as stipulated by the Manufacturer and/or Sinot. Sinot accepts no responsibility for any failure damage, or lack of performance of the machine if the Purchaser has not complied with any installation specification and procedures, furthermore the warranty provided for in Paragraph 8 herein shall be null and void and of no effect. The Purchaser shall indemnify Sinot and shall hold Sinot harmless from any and all loss, damage, costs and expenses whatsoever, including attorney's fees, arising from or in any manner connected with any injury to person or damage to property resulting from any such failure to comply with the installation specification of the products, or from the negligence or willful misconduct of the Purchaser, its employees or its representatives in the possession, operation or other use, including but not limited to the demonstration or display, of the Products
5. Sinot will be responsible for the commissioning of the machine once it has been placed, installed and the required services are available to the machine. Sinot will provide basic training to the purchaser and the purchaser’s employees. Further high level training is chargeable at Sinots published charge rates.
6. Software License. The Purchaser shall not use, copy, modify or transfer the machine software or any copy thereof, in whole or in part, except as expressly provided herein.
Any License/s shall be terminated automatically upon abreach of any of the terms and conditions herein. Upon termination of any License/s because of a breach hereof, the Purchaser shall destroy the Program together with any copies thereof in any form. The License/s are for the exclusive use with the machine and shall not be sub licensed, assigned or transferred otherwise.
7. Product Alteration. In the event the Purchaser shall alter or modify the Machine/s without the approval and authorisation of Sinot first obtained in writing, the warranty provided for in Paragraph 8 herein shall be null and void and of no effect. Furthermore, the Purchaser shall indemnify Sinot and shall hold Sinot harmless from any and all loss, damage, costs and expenses whatsoever, including attorney's fees, arising from or in any manner connected with any injury to person or damage to property resulting from any such unauthorised alteration or modification of the products, or from the negligence or willful misconduct of the Purchaser, its employees or its representatives in the possession, operation or other use, including but not limited to the demonstration or display, of the Products.
8. Limited Liability. Sinot warrants that every Product shall be free from defects in material and workmanship for the warrantee period specified in the Quotation and/or agreement, commencing on the date of delivery of the Product. During the warranty period, Sinot shall furnish the Purchaser with a repair or replacement part for any part proving to be defective in material or workmanship, at no charge, for installation by the purchaser. For replacement of part, other than a simple plug-in replacement, the customer may request that a Sinot technician perform the work. During the warranty period there will be no charge for the technical labor, however, the customer is required to pay actual travel expenses. Throughout the warranty period the purchaser is responsible for returning the defective part, prepaid, to Sinot. Sinot shall not be responsible for any work performed, materials furnished or repairs made by others unless agreed upon by Sinot in writing. Sinot reserves the right to supervise or perform any repair or replacement work required to assure the proper operation of the Product under this limited warranty.
The limited warranty shall not apply to and therefore excludes (a) parts, materials or consumables which are normally changed or replaced during the normal operation of the Machine, (b) parts damaged by misuse, neglect or improper installation or operation and (c) service labor and expenses when no defect in material or workmanship is found.
This limited warranty shall be null and void and of no effect if (a) after the machine has been delivered, installation and start-up is conducted in the absence of authorised Sinot personnel, (b) routine maintenance of the Product as described in the Owner's Manual is not performed or (c) normal reasonable care is not taken in the operation of the Machine. Sinot is not exempt from its own negligence.
There are no warranties which extend beyond the limited warranty as expressed herein. In no event shall Sinot be liable to the purchaser or any other party for any damages including lost profits, lost savings or other incidental or consequential damages arising out of the use of or the inability to use the product even if Sinot or any of its authorised dealers or distributors has been advised of the possibility of such damages or any claim of any other party. ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SUITABILITY FOR A PARTICULAR PURPOSE ARE EXCLUDED.