Terms & Conditons

ORDERS
All orders for goods or services from the Customer which may be accepted by the Company are accepted on the following conditions (“Conditions”).  Any conditions of purchase offered by the Customer which purport to add to or are otherwise inconsistent with these Conditions shall be deemed to be waived by the Customer upon placement of an order by the Customer with the Company unless such conditions of purchase are expressly agreed to by the Company in writing.

QUOTATIONS AND PUBLISHED PRICES
Quotations issued by the Company are open for the Customer to whom the quotation is addressed to place an order within 30 days from the date of quotation (unless a shorter or longer period is expressly provided for in the quotation or the quotation is withdrawn by the Company) and such orders are subject to acceptance by the Company in accordance with Clause

PRICE
The Company reserves the right to vary the prices charged from time to time without prior notification. Published and quoted prices are (unless otherwise indicated) for the sale of goods or provision of services Ex Works the Company’s premises and are exclusive of any applicable goods and services tax and any applicable taxes and duties and costs and charges associated with the carriage and insurance of goods, and all such items shall be included as an additional item in the invoiced price.

PAYMENT
Where credit facilities have been approved by the Company, payment for goods and services shall be due and payable by the Customer by the last business day of the calendar month following the month in which the invoice for the respective goods or services is issued by the Company; provided however that in the event an Event of Default occurs all actual and contingent amounts owing by the Customer to the Company whether or not then due for payment (including, without limitation, for orders which have been accepted by the Company but which have not been filled or delivered) shall be due and payable by the Customer upon demand by the Company.

SUPPLY AND DELIVERY
Supply of goods and services by the Company to the Customer shall (unless other terms of supply have been agreed and accepted by the Company in writing on an order by order basis) be Ex Works (the Company’s premises).

Delivery of, and transfer of risk of loss and damage to, goods to the Customer shall be deemed to take place upon the Company making the goods available for collection by the Customer Ex Works (the Company’s premises) (unless other terms of supply have been agreed and accepted by the Company in writing on an order by order basis).  The Company shall not be responsible for any loss or damage to goods in transit or otherwise once they have been delivered to the Customer as aforesaid.

DELIVERY
Whilst the Company endeavors to effect deliveries or execute orders by the requested or estimated date, the Company shall not be liable for any loss or damage whatsoever (including, without limitation, special or consequential loss or damage) caused directly or indirectly by any early delivery or delay or failure to deliver.  The Company reserves the right to make delivery in installments and to invoice each installment as a separate order.

SHORTAGES/DEFICIENCIES
Claims for shortages or that goods supplied by the Company do not comply with an order must be made in writing within 30 business days of delivery of goods and any shortages must be indicated on the delivery note at the time of delivery, failing which any such claim shall to the maximum extent permitted by law be deemed to be waived by the Customer.

INSTALLATION AND USE
Installation and fitting of goods by the Company is not included unless otherwise specifically indicated by the Company in writing. To the maximum extent permitted by law, the Company takes no responsibility for the installation and fitting of goods other than goods which are installed or fitted directly by the Company.

GOODS RETURN POLICY
We do not allow to return damaged goods anytime.

INTELLECTUAL PROPERTY
The Customer acknowledges and agrees that all intellectual property rights in goods and services supplied by the Company are owned by the Company and that the Customer acquires no intellectual property rights in any goods or services provided by the Company to the Customer unless a separate deed of assignment is executed by the Company as a deed in relation to the intellectual property rights in any goods or services provided by the Company to the Customer.
    
CONFIDENTIALITY

  • The Customer agrees that the dealings between the Customer and the Company are and shall remain strictly confidential and shall not be disclosed by the Customer to any other person:
  • without the prior written consent of Company;
  • except to the Customer’s employees who have a need to know such information in connection with dealings in the goods of the Company and who are under an obligation to keep such matters confidential;
  • except on a confidential basis to the Customer’s legal, accounting and financial advisers who are under an obligation to keep such provisions and matters confidential; or
  • except as required by law.

Any provision of these Conditions which is or becomes prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective and severed to the extent thereof without invalidating any other provision of these Conditions, and any such prohibition or unacceptability shall not invalidate such provision in any other jurisdiction.

These Conditions and any order for goods and services from the Customer which may be accepted by the Company shall be governed by and construed in accordance with the laws of the State of Victoria, Australia and the Customer hereby irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of the Sri Lanka of any Courts which may hear appeals therefrom; provided however that these Conditions and any such order may be enforced by the Company against the Customer in any other jurisdiction.