Acceptance

All orders are accepted by Queensland Semiconductor Technologies ( Quest ) subject to and in accordance with these Terms and Conditions. These Terms and Conditions override and exclude any terms and conditions in or referred to in any negotiations or course of dealing between Quest and the Customer or set out in the Customer's standard terms and conditions and constitute the entire agreement between Quest and the Customer for the sale of products or services. No variation to these Terms and Conditions is permitted unless expressly authorised in writing by a director of Queensland Semiconductor Technologies Pty Ltd.

 

Quotations

Quotations are valid for thirty days and represent no obligation to Quest until Quest accepts the

purchase order for the full quotation and issues an order acknowledgement. Any variation in quantities ordered may result in a price re-negotiation. Quest reserves the right to increase the prices on any order, including acknowledged orders, in the event of an unexpected increase in cost (including, in particular, in the event of exchange rate variations).

Payment

For account customers payment shall be made in full upon request, and in  circumstances later than thirty days from the date of invoice if the customer has a credit account. If the Customer fails to make payment by the due date then, without prejudice to any other right or remedy, Profusion shall be entitled to: i) Cancel the order or suspend any further deliveries. ii) Charge an administration fee for any legal or other actions required to recover monies due.

Exports

The purchaser acknowledges that the goods or technical data may be subject to import or export control restrictions applicable to Quest and Australian or foreign laws or regulations. The Customer will not do or omit to do anything that would place Quest in breach of the said laws or regulations.

New Accounts

Customers wishing to open an account are required to complete an account application form and this will be subject to a D and B credit check and an account will be decided upon at the discretion of the board of directors. Until an account is opened Customers are asked to send payment with order.

GST

Prices are exclusive of GST , which will be charged on any supplies in accordance with Australian
regulations if sent inside of Australia.

Despatch

Any times stated for despatch are estimates only. Quest will use reasonable endeavours to meet delivery estimates but accepts no liability whatsoever for failure to deliver within the estimatimes however arising. Quest reserves the right to deliver in more than one shipment. Time for delivery will not be of the essence.

Telephone Orders

 Orders will be accepted by telephone for account customers if an order number or reference is
quoted. Written confirmation of telephone orders must be clearly marked with both the order
number and 'confirmation'. Quest will not accept liability for orders not so marked and duplicate
orders will be charged accordingly.

Delivery Charges

A charge may be made against orders to cover the cost of carriage and packing. Special deliveries will be charged at cost. Unless otherwise stated by written agreement all export deliveries will be executed on a DAP basis. DAP shall have the meaning given to it in INCOTERMS 2020. We may offer delivery on the basis of other INCOTERMS 2020 at additional cost if required. The Customer is responsible for all duties, imports, levies and other outlays levied by any authorities in connection with the Goods and will indemnify us against any expenses or losses incurred by us in connection with the foregoing. Obtaining any necessary import licences is the responsibility of the Customer.

Title

The products shall be at the Customer's risk as from delivery. Ownership of all goods supplied to the Customer shall remain Quests until payment is received for the full invoice price. Until ownership passes to the Customer Quest retains full legal and beneficial title to the Goods and reserves the right at any time to require the Customer to deliver up the goods to Quest and, if the Customer fails to do so forthwith upon our request, to enter upon any of their premises or of any third party where the goods are stored and repossess the goods.

Guarantee

Quest guarantees at its discretion to refund the price of the goods or to replace free of charge any goods found to its satisfaction to be defective within twelve months from the date of despatch, provided that the goods have not been subjected to conditions beyond their specification and examination by Quest confirms that the defect has not been caused by misuse, neglect, method of
storage, faulty installation, handling, testing or repair. The Guarantee shall not be affected by and no obligation or liability shall result from providing technical advice in connection with the order for the goods. Faulty goods must be returned carriage paid and with full details of failure. Quest shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied
warranty, condition or other term, or any duty at common law, or under the express terms of the contract with the customer, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Quest, its employees or agents or otherwise) which arise out of or in connection with the supply of the products or their use or resale by the Customer. The entire liability of Quest under or in connection with the contract with the Customer shall not exceed the price of the products except as expressly provided in these Terms and Conditions.

Description And Data

Quest will take all reasonable steps to ensure the accuracy of details relating to goods but accepts no liability in contract or in tort or under statute or otherwise for any error or omission in any technical data or literature supplied to the Customer whether caused by Quests negligence or otherwise.