- Liability
To the extent permitted by the law, BSW shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the BSW technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors. BSW shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, as may result from, or be connected with:
- Any express or implied terms of the contract between BSW and the Customer, or of any order accepted by BSW;
- Any duty of any kind imposed on BSW by law; or
- Any defect in the Products or Services. If, notwithstanding any provisions of these terms and conditions, any liability attaches to BSW, BSW’s liability to the Customer arising out of or in connection with these terms and conditions or any order whether in contract, tort or otherwise in respect of one or more of
- Any express or implied terms of the contract between BSW and the Customer, or of any order accepted by BSW;
- Any duty of any kind imposed on BSW by law; or
- Any defect in the Products or Services, shall be limited in the aggregate to $50,000 or the total value of the order, whichever is greater.
- Cancellations and Returns
The Customer may not cancel orders once accepted by BSW. BSW may allow an order to be cancelled at its discretion, subject to BSW recovering from the Customer the costs incurred by BSW. If only part of an order is cancelled, BSW may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched prior to cancellation compared to the quantity ordered. The Customer may only cancel or amend scheduled orders (i.e. orders for Products to be delivered periodically and which are specifically sourced for the Customer) if notice is received in writing at least 14 days prior to the next delivery date. The Customer may only return Products to BSW for a change of mind or for incorrect ordering, and receive a credit or refund, on the following conditions:
- The Customer must contact RS in advance (Email: admin@bswengineering.com) and obtain the prior consent of RS and obtain a returns number (to be quoted on all returned paperwork);
- Return must be made within 30 days of the date of delivery (as stated on the delivery documentation). Products must be returned to BSW in their original packaging, unused and in a condition which will enable them to be immediately fit for re-sale.
- Products must be adequately packed and dispatched freight prepaid, clearly labelled, to the closest trade counter or to Delivery address provided by BSW. Products accepted for return will be credited at invoice value. BSW reserves the right to apply a handling charge of 20% of invoice value. This returns policy excludes DVDs, videotapes, books, software, calibrated Products, scheduled orders, non-catalogue Products, and production packaging format Products. BSW will accept the return of test equipment in its sole discretion.
- BSW reserves a right to reject the returns of the non-stock items and the items passed the 30days window.
- Services
BSW offers Engineering services which consists of Engineering design, Project management & IT services. BSW may quote a turnaround time target for these Services but will be under no liability if it fails to comply with such target. The conditions which apply to each of the Services are set out at the time of the quote.
- Intellectual Property
In Clause (a) “Intellectual Property Rights” means any and all registered and unregistered intellectual property rights throughout the world including without limitation, all copyright, trade secrets, patents, patent applications, trademarks, domain names, business names, designs and circuit layout rights.
- All illustrations, drawings, data and other documents supporting or forming part of the Purchase Order (“Confidential Information”) and all Intellectual Property Rights in the Goods or Services or both remain the exclusive property of BSW at all times. The Buyer must not disclose the Confidential Information or make it available to any other person, corporation or entity without the prior written consent of BSW, which consent may be withheld in BSW’s absolute discretion.
- Notices
Notices to be given by the Buyer to BSW may be delivered personally, sent by post or email to the attention of Managing Director at BSW address as notified to the Buyer from time to time, and such notices shall be deemed to be delivered when received by BSW at the notified address. Notices to be given by BSW to the Buyer (including invoices) may be delivered personally or sent by post, email or by facsimile to last known address or facsimile number of the Buyer, and notices sent by post shall be deemed to be delivered on the second business day following posting, and if sent by facsimile, on the business day it was sent, provided a transmission confirmation receipt has been received by BSW.
- GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of Western Australia, and the parties hereby submit to the non- exclusive jurisdiction of the courts of Western Australia.
- SEVERABILITY
If any part of these Terms is held by any Court to be illegal, void or unenforceable, such determination shall not impair the enforceability of the remaining parts of these Terms
- REVIEW OF TERMS
BSW reserves the right to review and vary any of these Terms at any time and from time to time. If, following any such review, there is any variation to these Terms that variation will take effect from the date on which BSW gives notice to the Buyer of such variation.
- ACCESS TO SITE
The Buyer must provide BSW, its employees, contractors or agents, reasonable and safe access to the Site and the Buyer’s premises for the purposes of delivering Goods or performing the Services.
The Buyer indemnifies BSW for any loss or claim arising from or in connection with BSW, its employees, contractors or agents attending the Site and Buyer’s premises.
- Force Majeure
A force majeure event is any event beyond the reasonable control of BSW (including strikes, traffic congestion, the downtime of any external line, or BSW’s inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If BSW is prevented or restricted from carrying out all or any of its obligations by reason of any force All orders are accepted by BSW subject to the Terms and Conditions of Sale set out below: TERMS AND CONDITIONS OF SALE majeure event, then R BSW shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than 14 days, BSW may cancel the affected order or cancel the whole or any part of these terms and conditions, without any liability to the Customer.
- Privacy and Customer Information
BSW respects the privacy of Customers. The BSW privacy policy is detailed on its website at www.bswengineering.com (“Privacy Policy”). The terms of the Privacy Policy are hereby incorporated into these conditions. Excepting if it would otherwise create or allow a breach of law, the provisions of these conditions of sale nevertheless prevail over any inconsistency between these conditions of sale and our Privacy Policy. The Customer consents to BSW disclosing the Customer’s name to certain of BSW suppliers for market research and commission purposes.
- Law and Jurisdiction
The contract between BSW and the Customer as applicable to each Customer order shall be governed by and interpreted in accordance with Australian law and the Customer submits to the non-exclusive jurisdiction of the courts of Aus