1. Receipt of any orders from your organisation shall be deemed to have been on the basis that you, our customer, has irrevocably agreed to these terms and conditions. These terms govern the whole of the contract of supply between Hyper Engineering and its customers. No terms other than contained herein shall apply to the Contract unless Hyper Engineering has agreed in writing to the variation prior to the acceptance of the order.

2. All orders are to be confirmed in writing, accompanied by an order #, ACN# (if applicable), and delivery address and properly authorised before Hyper Engineering will supply.

3. For customer specific products, manufacturing can not commence until receipt of an authorised order.

4. The customer shall pay for all goods supplied within 7 days of delivery unless alternative prior arrangements have been agreed to in writing by Hyper Engineering.

5. Payment shall be made to Hyper Engineering and shall not be deemed to have been finalised until all funds have been cleared into Hyper Engineering's account.

6. Failure to make required payments by the required time may prevent the supply of additional goods until such time that payments are made.

7. On cancellation of any confirmed order then the customer shall pay to Hyper Engineering on demand any and all costs incurred by Hyper Engineering occasioned by the order or by the cancellation howsoever arising.

8. All title in any goods supplied by Hyper Engineering remains vested in Hyper Engineering until all money due from the customer is paid in full.

9. The customer shall inspect the goods on delivery and within 7 days advise Hyper Engineering of any defects, shortages or damage with or to the goods.

10. In the event of damage or defect to the goods the customer shall allow Hyper Engineering all necessary access to the goods to inspect and/or to test the goods and to otherwise establish the bona fides of the claim.

11. In the event of failure of any goods supplied, Hyper Engineering may at its own option and without admission of liability, replace the item or refund the sale price, but shall not be liable for any damages howsoever arising. It shall be at the customer’s expense to return any item for warranty.

12. In the event that goods supplied by Hyper Engineering are damaged by incorrect installation and or this incorrect installation damages attached equipment Hyper Engineering is not liable for any damages or warranty.

13. Any goods returned for replacement or repair under warranty will require a description of the nature of the problem. Hyper Engineering retains the right to access the technical aspects to determine the right to claim warranty.

14. Any unused goods returned for credit shall incur a restocking fee of 20% of the original sale price. Freight charges will not be credited.

15. Any equipment returned for warranty will not be accepted if there is evidence of mis‑use, neglect, tampering or attempted repairs by non‑authorised personnel.

16. Warranty is limited to 12 months from the date of sale by Hyper Engineering, unless an extension to the warranty period is sought by the customer. This may occur if the equipment is not expected to be placed into service immediately.  Hyper Engineering must agree to this extension in writing.

17. All prices are quoted for a period of 30 days. Hyper Engineering retains the right to alter the price if an order is placed outside of this period.

18. Prices quoted do not include delivery costs or GST. These will be added.

19. Delivery times made known to the customer are estimates only and the company shall not be liable for late delivery and under no circumstance shall the company be liable for any loss, damage or delay occasioned to the customer arising from the late delivery of the product.

20. These conditions shall be governed and interpreted according to the laws in force in New South Wales in the Commonwealth of Australia and the seller and buyer hereby consent and submit to the jurisdiction of the Court of New South Wales held in Sydney Australia.

21. Any legal disputes shall be settled by the laws in force in NSW at the time of supply.

22. By accepting delivery of our product, it is deemed that you have accepted the above conditions of supply.

* Conditions of Supply may vary for overseas customers.

Conditions of Supply

 

Bendigo Bank

Fairy Meadow Branch

37-39 Princess Highway

Fairy Meadow, NSW, 2519

Australia

 

Account Name:                     Hyper Engineering Pty Ltd.

BSB number                          633 000

Account Number:                121 898 515

Swift Address:                       BENDAU3B

Electronic Funds Transfer Information

4/14 Ralph Black Drive

Wollongong 2500

NSW Australia

To contact us:

Phone: +61 2 4229 2069

Fax: +61 2 4229 2069

E-mail:john@hypereng.com

ABN: 62003 608188