By Purchasing from Elliott Mining Supplies Pty Ltd you agree to the following terms and conditions.
1. Elliott Mining Supplies Pty Ltd ABN: 80 615 287 913, hereafter referred to as EMS, will manufacture, package and supply the Goods and warrants and represents that the Goods supplied to You will:
(a) conform to the specifications of the Goods as described on EMS’s website from time to time;
(b) be free of all encumbrances and any third party rights;
(c) be free from defects in design, material and workmanship and remain so for 6 months after delivery; and
(d) comply with all applicable statutory, industry and regulatory requirements.
2. EMS will ensure that the Goods are properly packed and secured in such manner as to enable them to reach the delivery location in satisfactory condition.
3. Your rights and remedies under this clause are in addition to any rights and remedies available to you in respect of any statutory conditions relating to description, quality, fitness for purpose and correspondence with sample implied into this agreement by the Trade Practices Act 1974 (Cth), unless they can be expressly excluded.
4. You will be deemed to have accepted the Goods and have inspected the Goods after five (5) business days from the date of delivery has elapsed, or, in the case of a defective Good, until after the defect has become apparent.
5. If any Goods do not comply with clause 1, or are otherwise not in conformity with the terms of any agreement, then without limiting any other right or remedy that You may have, You may reject those Goods and:
(a) require EMS to repair or replace the defective Goods at EMS’s risk and expense within fifteen (15) business days of being requested to do so and fifteen (15) business days after receipt of the defective Goods by EMS, whichever is the later date; or
(b) require EMS to repay the price of the defective Goods which You have paid, within fifteen (15) business days after receipt of the defective Goods by EMS.
6. EMS’s liability under clause 5 applies to the extent only that:
(a) the defects have arisen solely from faulty materials or workmanship;
(b) the Goods have not received maltreatment, inattention or interference;
(c) accessories of any kind used by You are manufactured by or approved by EMS;
(d) the seals of any kind on the Goods remain unbroken;
(e) the Goods have not been altered or tampered with in any way;
(f) the Goods have not been stored in dry conditions and out of sunlight; and
(g) the defective parts are promptly returned free of cost to EMS.
7. If the parties dispute whether any Goods comply with clause 1, for the avoidance of doubt, the parties can refer the dispute to expert determination.
Cancellation and Return of Goods
8. No order may be cancelled except with consent in writing and on terms which will indemnify EMS against all losses.
9. Unless provided under any agreement, EMS is not under any obligation to accept Goods returned by you and will do so only on terms to be agreed in writing in each individual case.
10. If EMS agrees to accept returned Goods from You under clause 9 or if you are required under clause 5 to return Goods to EMS, You must return the Goods to EMS at EMS’s place of business or as otherwise directed by EMS.