Since 1981 Reg’d TM Terms and Conditions of Quotation, Sale & Supply. KAM AUSTRALIA TERMS & CONDITIONS OF QUOTATION, SALE & SUPPLY - WHERE APPLICABLE 1.  Pricing is as detailed for each individual Transaction. Government Taxes are not included unless specified. Any such Taxes are an additional cost binding on the Purchaser. The cost of any form of Delivery is not included unless specified. Any alteration requested after receipt by Kam Australia of an order to manufacture will be at the Purchaser's expense. PLEASE NOTE: Kam Australia does not install. 2.  Delivery. Under no circumstances does Kam Australia accept responsibility for transit damage. In this matter, the goods become the intending Purchaser's responsibility once they have left our premises. You may choose your own Carrier and Insurer. Alternately, you may choose to have us (Kam Australia) arrange and invoice your freight delivery and insurance. Concerning the insurance cover we arrange, be aware that such insurance cover excludes the first $250 of any damage AND NOTE CLEARLY: There is no insurance cover provided when we (Kam Australia) are not notified within 24 hours from receipt of goods, of any damage that has occurred, and when the Carrier's Consignment Note is not clearly marked "Subject to Check" directly above the receiver's signature. Such damage notification is to be confirmed by fax or email giving as much detail as possible. An Insurance Claim Form will then be faxed/emailed back to you for your completion. Be aware any freight / delivery we arrange on your behalf is only for the delivery detail as specified. Anything else not specified in delivery is NOT included in that delivery's cost and, if undertaken, is an additional cost binding on the Purchaser. 3.  Delays and Progress Payments. When the goods are ready for dispatch and such dispatch cannot happen, through no fault of Kam Australia, then payment must be made to the full value of goods and services rendered and/or held in storage awaiting dispatch, all actual additional costs of delays caused through no fault of Kam Australia, e.g. storage, handling and insurance, become an additional cost binding on the Purchaser and are due in full every 7 days. Completion by any date specified is expected but Kam Australia shall not be responsible for failure to meet its obligations due to strikes, fire, flood, the failure of Kam Australia suppliers, unavoidable delays or other causes beyond its control. 4.  Warranty. Use our free phone call to 1800.730526 from anywhere in Australia, Monday to Friday, normal hours service. All warranty becomes null and void if any party repairs or services a Kam Australia article without a Kam Australia Order authorising such action being faxed or emailed to them prior to the commencement of such work, and which Order sets out the conditions for such work. Out of hours labour was never/is never warranty labour under any conditions. Warranty in general. There is no warranty on glass, polycarbonate, light fittings, tubes and bulbs.  Kam Australia warrants its new products of original manufacture to be free of original defects in material and workmanship for 12 months from date of dispatch ex. our premises, or verified proof of delivery after purchase from any reseller of our new products. All other components carry the specific warranty given by the original manufacturer of the component/s concerned. Kam Australia will repair or replace at their option at their factory, without incurring any freight charges and limit the warranty to exclude - A.  the labour of renewal or replacement, after the first 90 days free normal hours labour has expired; B.  any or all damages arising from failure to operate or incorrect operation. Any part replaced has the warranty that remains of that original part and is not extended beyond that. Warranty Parts: Will be treated as a spare part sale and invoiced. Warranty claims are subject to examination of the faulty part returned to Kam Australia, along with the Warranty Claim Form supplied with Parts Invoice, to enable proper identification of part returned - within 14 days of invoice date of supply of any part to be claimed as warranty.  There is no warranty entitlement whilst the goods remain the property of Kam Australia because they have not been fully paid for. In the event that the supply of goods or services pursuant to this proposal is a supply of goods or services to a customer as defined in the Trade Practices Act 1974 as amended ("The Act") nothing herein contained excludes, restricts or modifies any conditions, warranty, right or remedy which, pursuant to the Act, applies hereto or is· conferred upon the Purchaser, provided that the extent that the Act permits Kam Australia, to limit its liability for a breach of a condition or warranty implied by the Act, then Kam Australia liability for such breach shall be limited to:- (i) in the case of goods supplied pursuant hereto, the payment of the cost of replacing the goods or acquiring equivalent Goods - and  (ii) in the case of services supplied pursuant hereto, the payment of the cost of having the services supplied again. 5.  Variation. Prices quoted are those in effect at today's date and lapse or are subject to amendment if not accepted by the date specified or 14 days from the date hereof should no date be specified. 6.  Cancellation. 6a. In the unlikely event that cancellation is desired after the quotation has been accepted and the costs incurred from work in progress exceed the Confirming Options Payment paid, then that additional amount becomes due for payment to effect cancellation. Any Confirming Options Payment is forfeited with cancellation. 6b. Cancellation by default without entitlement to refund of payments will occur when goods ordered remain unpaid for after the expiry of 21 days from when dispatch was or could have been made by Kam Australia. 7.  Title to Goods.  Title to goods passes only after full payment has been received and completely honoured, but the Purchaser accepts the risk of loss or damage to the goods once dispatched. Failure to pay the full purchase price when due shall give Kam Australia the right without incurring liability to repossess the equipment with or without notice and to avail itself of any legal remedy. This clause is for the sole benefit of Kam Australia which may at any time waive same and deem the goods sold and delivered to the buyer. Kam Australia may sue and recover from the Purchaser the price of the goods sold and delivered as a liquidated debt. 8.  General:  Any drawings, descriptions, weights or dimensions are approximate only. All specifications are subject to change without notice. 9. Subject to equipment proposed still being available. 10. Receipt of the Confirming Options Payment specified by Kam Australia constitutes acceptance of that quotation. 11. Kam Australia failure to insist, in one or more instances, upon the performance of any terms of this proposal shall not be constituted as a waiver or relinquishment of such item or terms and the Purchaser's obligation with respect thereto shall continue in force and effect. 12. These terms and conditions shall prevail notwithstanding any variance with the terms and conditions of any order submitted by the Purchaser pursuant hereto. 13. Orders pursuant hereto for any transaction involving Kam Australia shall be governed by the laws of the State of N.S.W. as determined by the courts of N.S.W. in Byron Bay. 14. In the event of Kam Australia obtaining and/or providing any credit facilities for the Buyer/Purchaser, then the following terms shall apply. (i) All goods and services delivered to the Purchaser shall remain the property of Kam Australia until all sums due from the Purchaser to Kam Australia under this or any other contract or order have been paid in full and prior to such payment in full the Purchaser shall hold all goods as bailee of Kam Australia and shall, if so required by Kam Australia, store all such goods separate from any other goods in the Purchaser's possession. (ii) All costs including loss of income, consequential damage, including interest charges incurred by Kam Australia as a result of payments not being made when due, become additional cost to the Purchaser on acceptance of this offer and/or the supply of goods and services. (iii) All accounts will be settled in accordance with the terms of each invoice. (iv) Should the Purchaser default in the payment of any monies under this agreement then all monies due to Kam Australia shall immediately become due and payable by the Purchaser within seven (7) days of the date of demand and Kam Australia shall be entitled to charge interest at the rate of 18% per centum per annum on all overdue accounts from the date of due payment until the date of the actual payment. (v) Any expenses, costs or disbursements incurred by Kam Australia in recovering any outstanding monies including debt collection agency fees and solicitor's costs shall be paid by the Purchaser. Providing that those fees do not exceed the scale charges as charged by the debt collection agency/solicitor. (vi) Kam Australia shall be entitled without notice to terminate any credit arrangement with the Purchaser in the event of the customer defaulting in any of the terms and conditions herein contained. 15. This document covers all the terms and conditions between Kam Australia and the Purchaser with respect to the purchase and sale of the equipment and or services, and no representation or statement not contained herein shall be binding upon Kam Australia as a condition or warranty or otherwise. (Revised - Effective from 30th June, 2010.)