Unless otherwise stated the following terms and conditions are applicable to this quotation:
H2Go Systems Pty Ltd Standard Terms and Conditions of Sale will apply. (Available upon request)
Unless stated otherwise, installation is excluded. Goods are to be installed in accordance with installation manual.
AUD Australian dollars.
All quoted prices are exclusive of GST.
This quote is valid for 30 days from the date of quotation.
The validity period of this Quotation is outlined in Clause 2 (a) & (b) of our Standard Terms and Conditions of Sale.
Cash sale in full upon order or within 30 days of date of invoice in full for account holders.
Supply is subject to formal account application and credit approval
Any freight costs quoted are based on a single delivery to the nominated delivery point. Where split or partial deliveries are made, or the delivery point changed at the customer’s request, a separate freight charge will be applicable.
H2Go Environmental Solutions Pty Ltd
Terms and Conditions
These terms and conditions of sale apply to all quotations and offers made by and purchase orders accepted by H2Go Environmental Solutions Pty Ltd (hereinafter “H2Go Systems”). To the extent that these terms and conditions conflict with or are different from those contained in any buyer purchase order or other procurement documents, these terms and conditions will control. H2Go Systems specifically rejects any conflicting buyer terms. Buyer’s acceptance or payment for the goods shall conclusively confirm agreement to these terms.
2. Quotations/Purchase Orders
All quotations expire after ninety (90) days and are subject to withdrawal at any time prior to acceptance. Quotations are solicitations for an order; all orders are subject to acceptance by H2Go Systems.
All prices are FOB shipping point (EX-WORKS on foreign shipments). H2Go Systems will follow Buyer’s reasonable instructions with respect to method of shipment and carrier. Absent such instructions, H2Go Systems will ship by commercially reasonable means, freight prepaid, for Buyer’s account. Subject to credit approval, terms on domestic sales are 25% non-refundable deposit due on order and 75% due before shipment Amounts not paid when due will bear a late payment charge of one and one-half percent (1½%) per month or the maximum legal rate, whichever is less.
Delivery dates are estimates only. H2Go Systems will make commercially reasonable efforts to meet delivery dates but will not otherwise be responsible for delays in delivery. Title and risk of loss passes to the buyer upon transfer of the goods to the carrier at the shipping point. Receipt of the goods by the buyer shall constitute a waiver of all claims for delay.
5. Force Majeure
H2Go Systems shall not be liable for, nor be deemed in default by reason of, any failure or delay in performance where such delay or failure is caused in whole or in part by any act of God or the public enemy, law, regulations, or order of any government agency, riot, strike, or civil commotion, embargo, damage or delay in transportation, inability to obtain necessary labor or materials from usual sources, or other causes beyond the reasonable control of H2Go Systems. In the case of delay due to any such cause, the date of delivery will be adjusted to reflect the actual length of time lost by reasonable delay.
6. Cancellations and Deferred Deliveries
Orders placed cannot be cancelled, nor can deferred deliveries of goods made up or in process be extended beyond the original delivery date specified, except with H2Go Systems’s written consent. Goods held for Buyer are held at Buyer’s expense and risk, and shall be subject to charges for storage and handling.
All prices are exclusive of any present or future sales, revenue, use, or excise tax, duties or similar charges, all of which shall be paid by Buyer, and may be added to the purchase price unless Buyer provides to H2Go Systems appropriate certification of exemption.
Buyer shall accept or reject goods upon receipt. Failure to notify H2Go Systems immediately in writing of nonconforming goods shall be deemed an unqualified acceptance. Any use of goods by Buyer, which are not related to acceptance testing, shall constitute acceptance.
If Buyer fails to fulfill the terms of payment on any order, H2Go Systems may defer all further shipments to Buyer until such payments are made, or may, at its option, cancel outstanding orders. H2Go Systems reserves the right, even after partial shipment, to require from Buyer satisfactory security for payment and H2Go Systems may suspend shipments until such security is furnished, and, at its option, may cancel the order.
Forbearance or failure of H2Go Systems to enforce any of these terms and conditions or to exercise any right accruing from any default of the Buyer shall not affect or impair H2Go Systems’s rights in case such default continues, or in case of any subsequent default, and such forbearance or failure will not act as a waiver with respect to any other or future defaults of Buyer.
H2Go Systems warrants only the original Buyer and first user that goods of its own manufacturer will conform to H2Go Systems’s specifications, drawings and other specifications agreed to in writing to be applicable, and that the goods will be free from material defects and goods and workmanship. The duration of the warranty is twelve (12) months after being at first placed in operation. H2Go Systems will repair or replace, at its option, any goods found to be defective or nonconforming, provided that: (a) Buyer gives prompt written notice of the defect or nonconformity within the warranty; (b) at H2Go Systems’s request Buyer has returned the nonconforming goods to H2Go Systems freight prepaid; (c) H2Go Systems has determined in its sole discretion that Buyer has not improperly handled or shipped the goods, or subjected them to misuse, misapplication, accident, alteration, neglect, improper or inadequate maintenance, installation, or repair, or had the goods repaired or altered by anyone other than H2Go Systems or its authorized service representatives. H2Go Systems shall have the sole right to determine whether returned goods or parts shall be repaired or replaced, or whether the Buyer shall be credited for the value of the original purchase price. H2Go Systems’s liability shall be limited to the original purchase price of the subject goods or parts. This is H2Go Systems’s sole warranty with respect to the goods delivered hereunder; no statement, representation, agreement, or understanding, oral or written, made by any agent, distributor, representative, or employee of H2Go Systems which is not contained within this warranty will be binding upon H2Go Systems unless in writing and executed by an officer of the H2Go Systems. H2GO SYSTEMS MAKES NO OTHER WARRANTY OF ANY KIND WHATEVER, EXPRESSED OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Repaired or replacement goods will be delivered to Buyer FOB point of shipment. The warranty period for goods repaired or replaced under this warranty will be for the remainder of the warranty period under its original sale. H2Go Systems warrants parts or materials not manufactured by H2Go Systems to the same extent that a warranty is made by the manufacturer of such equipment and material.
12. Limitation of Liability
In no event will seller be liable for indirect, special, incidental, exemplary, or consequential damages of any kind sustained from any cause or arising out of any legal theory, whether contract, negligence, strict tort liability, or otherwise. In no event shall seller be liable to buyer in an amount exceeding the purchase price of the subject product. These limitations include any liability that may arise out of third-party claims. Any lawsuit by buyer against seller shall be filed within eighteen months from delivery of the subject product by seller. These limitations shall apply notwithstanding any failure of essential purpose or of any limited remedy provided herein.
H2Go Systems will defend any lawsuit against Buyer claiming that goods sold by H2Go Systems to Buyer infringe any United States patent, and H2Go Systems will pay any judgment rendered against Buyer on such claim, provided Buyer gives H2Go Systems prompt notification of such claim or lawsuit and H2Go Systems is given authority, information and assistance for defense of same; and the H2Go Systems shall, at its option, procure for the Buyer the right to continue to use the goods, modify them so that they become non-infringing, replace them with non-infringing goods, or to refund the purchase price. H2Go Systems shall not be obligated to defend or be liable for costs or damages if infringement arises out of compliance with Buyer’s specifications, addition to or combination with other goods, modification of the goods after delivery to Buyer, or use of the goods or any part thereof in the practice of the process. The foregoing states the entire liability of H2Go Systems with regard to patent infringement.
The application software program ("software") is a proprietary product of H2Go Systems Equipment, Inc. and is protected by copyright laws and international treaty. In purchasing an H2Go Systems system, you have been granted one licensed copy of the software. You may not make copies for any reason without the prior written consent of H2Go Systems Equipment, Inc. Any modifications made to the software shall void all warranties with respect to hardware supplied or controlled thereby.
H2Go Systems Equipment, Inc. respects the privacy of information about you and your equipment. Data is automatically collected by the software. The data may include, but is not limited to, information related to the operation, timing, identification, and sequencing of water sensors, vehicle sensors, motors, and alarms. All data collected by the software becomes the exclusive property of H2Go Systems Equipment, Inc. The data may be used for statistical analysis purposes with the intent of improving the operation of the equipment, developing preventative and predictive maintenance intelligence and may be aggregated for reporting, analysis, marketing and other activities.