DASEC : STATEMENT ON GENERAL TERMS, SALE CONDITIONS & WARRANTIES
The terms of payment for goods and services sold by DASEC PTY. LIMITED (known as “DASEC”) is payable in full prior to despatch unless otherwise agreed to on quotation or Tax Invoice via an approved, established credit trading account in which terms are Nett 7 days, end of invoiced month
Prices listed on quotations or previous purchases are subject to change without notice. Should the customers purchasing processes require current accurate pricing for goods and services supplied on a Tax Invoice, the purchaser must ensure a current quotation is sought prior to submitting the order.
Bank fees, Charges and Transaction Costs
In the event of payments due to DASEC it is the responsibility of the purchaser to ensure DASEC receives the full amount payable in the currency stated on the Tax invoice.
The purchaser is responsible for any bank fees, charges and transaction costs.
DASEC has the right to recover all costs with the purchaser.
Payments by credit card (VISA, Mastercard) will incur a transaction fee.
Title / Ownership of Goods
Title or ownership of goods will only pass to the purchaser from DASEC once the full cost of the goods by cleared funds is received by DASEC. In the event of default in payment by the purchaser for which they are liable to DASEC whereupon the commencement of any act or proceeding involving the purchaser’s insolvency, DASEC shall have the right to retake possession or permanently retain, any unpaid goods and to revoke all liability of DASEC to the purchaser on the contract of sale and delivery of such goods.
DASEC reserves the right to withhold deposit funds on irrevocable or special orders where non-stocked items are specifically ordered on the purchaser’s behalf. Goods are to be determined as irrevocable orders by notation on quotation or other correspondence from DASEC to the purchaser. The amount of funds withheld from the purchaser is to be determined by DASEC to reasonably cover any out of pocket expenses to carry unwanted stock ordered in good faith for the purchaser. The customer shall not cancel orders nor refuse acceptance of goods deemed to be irrevocable or special ordered.
Freight / Transportation
Freight or Transportation and freight insurance costs are not included unless otherwise stated on quotation including, but not limited to goods that are transported directly by DASEC or by an appointed agent or transport contractor. Delivery shall be considered EXW DASEC Sydney or unless otherwise stated. The purchaser shall be responsible for goods lost, damaged, stolen or delayed in transit as well as all delivery, transit and related expenses including duties.
Failure of risk or damage or loss to the products for whatever reason shall be upon the purchaser and the purchaser assumes any and all liabilities, expenses and obligations regarding transportation, insurance, or any damage or loss to the goods in transit including, but not limited to goods that that are transported by DASEC, an appointed agent or transport carrier. Any damage to goods during transportation must be communicated to DASEC within 24 hours of receipt of goods. A detailed written report and supporting photographs may be requested for evidence by DASEC and / or transport carrier.
Lead times or estimated delivery dates are provided in good faith with historical data, supplier advice and transit time assumptions as guiding factors. DASEC will use reasonable efforts to deliver goods within the stated delivery dates, but DASEC makes no representation or guarantee that such delivery dates will be satisfied. DASEC shall not be responsible for any failure or delay in performance of any of its obligations, including, but not limited to delivery of goods within the stated delivery dates.
Equipment or goods prepared for transportation will be properly packaged to reasonably protect the goods from damage during transit. If applicable, a crating, packaging or handling cost may be noted on quotations or charged on invoices from time to time as required.
Installation and Operator Training
Where applicable, installation of the equipment and proper training of operators maybe necessary with the purchase of equipment. Installation and operator training, when necessary with the purchase of equipment will be listed on the quotation. From time to time, the purchaser will be responsible for the safe removal of goods from container and or transport crate and the correct disposal of any crating and packaging materials. Any services performed by DASEC at the time of installation which are not included in the quotation may be charged to the purchaser at DASEC’s standard hourly service rate. DASEC shall also be entitled to a full reimbursement for reasonable meals, accommodation, travel or other expenses related to the performance of such services by DASEC or an appointed agent not set forth in the quotation. The purchaser shall provide dedicated staff for the duration of the installation time without reasonable interruptions, so staff can be properly trained and instructed on the correct use of the equipment.
Often, DASEC will require an adequate quantity of test materials, finished samples and threads for the set-up and testing of any ordered equipment to be tested at our facility prior to delivery. The purchaser is responsible for all costs of test materials and associated transport costs to deliver the materials to our facility or nominated supplier address. DASEC will make reasonable efforts to minimise the use and waste of test materials and will return any unused test materials to the purchaser. Similarly, test materials may be required at the time of installation at the purchasers nominated site to be used for operator training of the equipment. The purchaser is responsible for the costs of test materials used during set up, testing, training and during installation day(s).
Spare Part Sets
Unless otherwise specified in quotation, Tax Invoice or other correspondence from DASEC preventive maintenance spare part sets are not included and can be purchased separately.
Machinery That Produces Fumes
If, during operation, the purchased machinery produces fumes during any part of the operation of the machine, the purchaser, as the employer that makes the machinery available to its operators is responsible for verifying the hazardousness of the material being processed, as verified in the material safety data sheets. Where appropriate and/ or necessary the purchaser measure the hazardousness of the substances generated, exact them, capture them, filter them and subsequently safely emit them to atmosphere. The seller notes that where possible the machinery is designed and constructed to be connected to an extraction system at the plant in which it is installed in order to make the fulfilment of these obligations as easy as possible.
Positioning of Equipment at the customer’s facility
Where applicable, the purchaser shall be responsible for positioning the equipment in the established location where it will be installed and used prior to the arrival of the installing technician(s).
The customer shall also be responsible for ensuring the appropriate power supply and pneumatic connections are available
DASEC as a distribution partner for many of industries leading suppliers has a variety of products.
Different suppliers and products offer specific terms and conditions within the warranty, details of such warranties are available with DASEC directly.
For all parts and assembled components covered by this warranty the warranty period is twelve (12) months (or unless otherwise stated) starting from the date of sale to the first user
If a defect in material or workmanship is found during the warranty period, DASEC will, during normal working hours and at the place of business of DASEC or another approved by DASEC:
- Provide new or assembled components or repairs needed to correct the defect.
Note: New parts or assembled components provided under the terms of this warranty are warranted for (twelve) 12 months (starting from date of replacement/repair) applicable to the parts or assembled components being replaced/repaired as if such parts or assembled components were the original parts or assembled components. Items replaced under this warranty become the property of DASEC.
The user is responsible for:
- Providing proof of sale date to the first user.
- Providing proof of date of installation.
- Providing model details, including model number, sub-class and serial number
- Labor costs.
- Transportation costs.
- Parts shipping charges in excess of those that are usual and customary.
- Local taxes, if applicable.
- Costs to investigate complaints.
- Giving timely notice of a warrantable failure and promptly making the product available for repair or replacement.
- Performance of any required maintenance (including use of proper oil and other lubricants) and replacement of items due to normal wear and tear.
DASEC is not responsible for:
- Failures resulting from any use or installation that DASEC judges improper.
- Failures resulting from attachments, accessory items and parts not sold by DASEC.
- Failures resulting from abuse, neglect, and/or improper storage or repair.
- Failures resulting from user’s delay in making the product available after being notified of a potential product problem.
- Failures resulting in normal wear and tear.
- Failures resulting from unauthorized repair or adjustments.
Claims under this warranty should be submitted to DASEC in writing.
General Service On-site Visits & Labour
We warrant our service technicians labour on general service for 7 business days for same fault claims. Exclusions apply for misuse, operator error, accident and improper operation.
Furthermore, limitations apply with respect to materials, sewing threads (if applicable) operation type and machine condition. Faults due to machine wear and tear or where worn machinery mechanisms contribute to the fault may not be covered. Limitations apply for general machine adjustments and component replacement including, but not limited to thread tension settings, general threading, operator-based adjustments and operator handling.
Travel expenses, freight and associated expenses are excluded and the sole responsibility of the customer.
THE FOREGOING LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES AND NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY DASEC. IN CONNECTION WITH THE PRODUCT OR SERVICE. THE CUSTOMER ACKNOWLEDGES THAT GOODS OR SERVICES SUPPLIED PURSUANT TO THESE TERMS AND CONDITIONS ARE INDUSTRIAL / COMMERCIAL GOODS AND SERVICES AND NOT GOODS OR SERVICES USED FOR PERSONAL, DOMESTIC OR HOUSEHOLD PURPOSES.
No employee, distributor, or representative is authorised to change these limited warranties in any way or grant any other warranty on behalf of the company DASEC.
DASEC technicians will provide reasonable telephone or remote support to customers for fault diagnostic and service issues. If the specific fault or query is deemed to require direct intervention, we will assist in booking a service technician to assist with resolution. Some of our products provide for telephone or remote technical support to be purchased at a nominated cost, our representatives will advise should charges be necessary for remote support.
Returning of Goods
Spare parts, accessories and some limited equipment may be returned to DASEC for exchange, credit or refund (excluding items ordered under irrevocable order conditions or special / non-standard stocked items ordered specifically on the purchaser’s request.) Returned goods must be in original condition and where reasonable, original packaging. Returned goods must be received by DASEC within 14 days of date of purchase and unless otherwise expressly agreed by DASEC the purchaser is responsible for all postage, freight, transportation and insurance costs for the return items. DASEC reserves the right to charge a 20% restocking fee, this fee is at the discretion of DASEC Management and is not applicable if the goods have been supplied in error or incorrectly by DASEC.
Whilst we actively monitor and manage our inventory levels, from time to time, we may not be able to fulfil all items for a customer transaction. In these circumstances a back-order process may be adopted to supply stock to the customer at the next available opportunity. The customer shall have the right to notify a DASEC representative of intention to cancel the specific item(s) from the order and in turn, cancel the back-order process. Where the customer proceeds with the back-order process, DASEC will make reasonable efforts to deliver the items(s) in a timely manner within the quoted delivery time frame, however DASEC make no guarantee of the performance of the estimated delivery date. Furthermore, the customer shall be responsible for all postage, freight or transportation costs of back ordered items unless otherwise stated on quotation or Tax Invoice.
From time to time, customer back order items may fall under irrevocable order item conditions, please consult an DASEC representative for clarification.
Relationship of Parties
DASEC and the purchaser are independent contracting parties and nothing within our sales agreement, quotation or transaction shall make either party an agent or legal representative of the other for any purpose whatsoever, nor does it grant either party the authority to assume or create any obligation on behalf or in the name of the other.
Limitations of Liability
In no event shall DASEC be liable for any special, indirect, incidental, exemplary or consequential or punitive damages whatsoever, including, but not limited to, loss of business profits, even if DASEC is advised, or should have known of the possibility of such damage or loss. The liability of DASEC whether in contract, tort, under any warranty, or otherwise shall not extend beyond the limited warranties described herein.
The purchaser shall indemnify, defend and hold DASEC their respective officers, Directors, employees, representatives, agents and successors harmless against any and all losses, claims, damages, judgements, liabilities and expenses, including, but not limited to use of any component parts not supplied by DASEC transportation incidents, unauthorised service, infringement of any patent, trademark or copyright, any claims from a third party alteration or repair of the product or services not consistent with the intended design.
The validity, performance and construction of the contract between DASEC PTY. LIMITED and the purchaser shall be governed in all aspects by the laws of the State in which the supplying DASEC office is located and the Commonwealth of Australia.
DASEC shall not be liable for any delay or failure to fulfil any of its obligations resulting directly or indirectly from any Acts of God, acts of civil or military authority, civil commotion, wars, accidents, fires, explosions, floods, earthquakes, labour disputes, shortages of suitable parts or machines, or materials or labour or transportation or any similar or dissimilar cause affecting DASEC or its suppliers and beyond the reasonable control of DASEC
The Customer/Purchaser has read and understands these terms and conditions and hereby agrees that by entering into a purchase agreement, placing an order with DASEC for goods or and/or services, or by applying for and being approved for a trading/credit account by DASEC the customer/ purchaser has accepted and will be bound by any and all of the terms and conditions herein.