Interpretation
In these Terms, unless the context otherwise requires:
“Buyer” means the entity with which CAP-XX enters into a contract for the sale of Product Samples.
“CAP-XX” means CAP-XX (Australia) Pty Ltd (ACN 077 060 872). The Sales Invoice will be generated by CAP-XX (Australia) Pty Ltd (ACN 077 060 872).
“Confidential Information” means information so defined in these Terms and Conditions of Sale.
“Contract” means a contract constituted in the manner described under the heading “Order Requirements”.
“Order” means a written order from Buyer to CAP-XX.
“Product Sample” means any one or more of CAP-XX’s products described in the Order and includes their packaging and any replacement goods.
“Terms” means these Terms and Condition of Sale. ENTIRE AGREEMENT
A contract comprising these Terms constitutes the entire agreement between CAP-XX and the Buyer in relation to the sale of the Product Samples. Any term, condition and/or provision of the Order or any previous communication or negotiation which is in any way inconsistent with these Terms shall not be applicable hereto or binding upon CAP-XX. CAP-XX’s failure to object to terms contained in any communication from the Buyer will not be a waiver of the Terms.
Order Requirements
The Buyer will submit an Order for the Product Samples by electronic means. The Order must be in English and must specify the following information: type of Product Sample; quantity; purchase price; date of order; freight company and account number; and desired date of dispatch.
No contract for the supply of the Product Sample shall arise between CAP-XX and the Buyer unless and until the Order has been confirmed in writing by CAP-XX.
The Buyer must notify CAP-XX in writing of any claim for incorrect fulfilment of the Order or items damaged in transit within five business days of receipt of the Product Sample.
Conditions on Use
The Product Sample is supplied to the Buyer for use in electronic or electric equipment only and cannot be resold or transferred to a third party without CAP-XX’s written approval.
The Product Sample must not be used as a critical component in life support devices, or any other medical device or system where failure of the Product Sample could result in significant injury to the user.
Data collected involving the Product Sample, conclusions or summaries of such data and the existence of such data, is Confidential Information and may not be published or distributed to third parties without CAP-XX’s written approval.
The Product Sample may not be modified, dismantled or analysed for composition or structure without CAP-XX’s written approval.
The Buyer assumes all risk in handling and testing the Product Sample and must perform all handling and testing in compliance with the appropriate laws.