These Terms and Conditions apply to NOVELLA GROUP PTY LTD trading as Static Electricity Control ("SEC"), Meech Australia Static Control ("MASC") and Newson Gale Australia ("NGA") and including the industry association Centre for Static Electricity and Lightning Protection ("CSELP").
References in these terms and conditions to ("website") are references to www.staticelectricity.com.au, www.meechaustralia.com.au, www.newsongaleaustralia.com.au, & www.cselp.com.au
Definitions.
Product and/or Service or Products and/or Services - All products and services including but not limited to the supply of: equipment, machinery, parts, spare parts, commissioning of equipment, design, training, maintenance, plans, reports, audits and assessments offered for sale by Novella Group Pty Ltd T/A Static Electricity Control ("SEC"), Meech Australia Static Control ("MASC") and Newson Gale Australia ("NGA"), including the industry association Centre for Static Electricity & Lightning Protection (CSELP).
Customer or Customer's - A person or entity that engages with Novella Group Pty Ltd T/A Static Electricity Control ("SEC"), Meech Australia Static Control ("MASC") and Newson Gale Australia ("NGA"), including the industry association Centre for Static Electricity & Lightning Protection (CSELP) for the purpose of but not limited to: purchasing a Product and/or Service, requests for an Product and/or Service quotation. Customer's include but are not limited to, Individuals, Companies, Sole Traders, NGOs, Electrical Distributors & Wholesalers, Resellers & Agents.
All Customer activity in relation to Products and/or Services offered by Novella Group Pty Ltd T/A Static Electricity Control ("SEC"), Meech Australia Static Control ("MASC") and Newson Gale Australia ("NGA"), including the industry association Centre for Static Electricity & Lightning Protection (CSELP) are subject to the Terms and Conditions as set out below:
1. General
All orders or quotations for Products and/or Services, that are accepted by Novella Group Pty Ltd T/A Static Electricity Control ("SEC"), Meech Australia Static Control ("MASC") and Newson Gale Australia ("NGA"), including the industry association Centre for Static Electricity & Lightning Protection (CSELP) are subject to these Terms and Conditions.
Any person who places an order or requests a quotation for Products and/or Services, with Novella Group Pty Ltd T/A Static Electricity Control ("SEC"), Meech Australia Static Control ("MASC") and Newson Gale Australia ("NGA"), including the industry association Centre for Static Electricity & Lightning Protection (CSELP) will be designated as a Customer and is bound by these Terms and Conditions. No other terms will apply to the supply of Products and/or Services, by Novella Group Pty Ltd T/A Static Electricity Control ("SEC"), Meech Australia Static Control ("MASC") and Newson Gale Australia ("NGA"), including the industry association Centre for Static Electricity & Lightning Protection (CSELP) unless agreed in writing by an authorized signatory of Novella Group Pty Ltd T/A Static Electricity Control ("SEC"), Meech Australia Static Control ("MASC") and Newson Gale Australia ("NGA"), including the industry association Centre for Static Electricity & Lightning Protection (CSELP).
Novella Group Pty Ltd T/A Static Electricity Control ("SEC"), Meech Australia Static Control ("MASC") and Newson Gale Australia ("NGA"), including the industry association Centre for Static Electricity & Lightning Protection (CSELP) reserves the right to amend any or all of these Terms and Conditions at any time without prior notice to the Customer. It is the Customer's responsibility to check the Terms and Conditions on a regular basis to ensure they are operating within and are compliant to the latest Terms and Conditions. The Customer agrees to review these Terms and Conditions regularly and continued interaction with Novella Group Pty Ltd T/A Static Electricity Control ("SEC"), Meech Australia Static Control ("MASC") and Newson Gale Australia ("NGA"), including the industry association Centre for Static Electricity & Lightning Protection (CSELP) such as but not limited to advice, quotations and invoices provided by Novella Group Pty Ltd T/A Static Electricity Control ("SEC"), Meech Australia Static Control ("MASC") and Newson Gale Australia ("NGA"), including the industry association Centre for Static Electricity & Lightning Protection (CSELP) for Products and/or Services will mean that the Customer agrees to any changes. The most current version of these terms and conditions can be found at www.staticelectricity.com.au
Descriptions of the Products and/or Services, in the website, webstore, newsletters or catalogues or otherwise communicated to the Customer are approximate only and shall not form any part of the contract with the Customer. Novella Group Pty Ltd T/A Static Electricity Control ("SEC"), Meech Australia Static Control ("MASC") and Newson Gale Australia ("NGA"), including the industry association Centre for Static Electricity & Lightning Protection (CSELP) shall not be liable to the Customer for any errors or omissions in its website, webstore, newsletters or catalogues. The advertising of Products and/or Services in the website, newsletters or catalogues is not an offer capable of acceptance, it merely constitutes an invitation by Novella Group Pty Ltd T/A Static Electricity Control ("SEC"), Meech Australia Static Control ("MASC") and Newson Gale Australia ("NGA"), including the industry association Centre for Static Electricity & Lightning Protection (CSELP) for the Customer to make an offer. Novella Group Pty Ltd T/A Static Electricity Control ("SEC"), Meech Australia Static Control ("MASC") and Newson Gale Australia ("NGA"), including the industry association Centre for Static Electricity & Lightning Protection (CSELP) is a business-to-business supplier. The website, newsletters or catalogues are intended for use by business Customer's only.
2. Prices
Prices of Products and/or Services as set out in the website, newsletters or catalogues are current at the date of dispatch of the Products and/or Services. The prices for Products and/or Services which are not listed in the website, newsletters or catalogues will be sold at the prices set out in the relevant Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP quotation. Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP reserves the right to change prices without prior notice to the Customer at any time.
Up-to-date prices can be found by contacting static@staticelectricity.com.au
3. GST
"GST" means the goods and services tax under the Australian Tax System (Goods and Services Tax) Act 1999 (Cth). GST is a broad-based tax of 10% on the supply of goods and services. All quoted prices exclude GST which is then added to the Total quoted price (incl of GST). If GST applies to the supply of Products and/or Services, the Customer must pay an additional amount equal to the amount of GST. Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP will provide a GST-compliant tax invoice within 28 days of a request.
Note: Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP also export Products and/or Services to other countries. Products and/or Services sold outside of Australian Territorial boundaries will be sold exclusive of GST.
4. Ordering
Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP reserves the right to decline to trade with any Customer and may decline to accept any order.
At the time of ordering, Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP will not substitute any Products and/or Services for another unless requested by the Customer, or unless the Product and/or Service has been superseded by the latest version. If the Customer confirms telephone, fax or internet orders, the confirmation must be marked 'confirmation only' to avoid duplication. If the Customer orders the wrong Products/and or Services or quantity, or duplicates orders, clause 12 will apply.
These Terms and Conditions, the Quotation, Invoice or Purchase Order and any applicable Product Specifications agreed by Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP and the Customer, represent the entire agreement between Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP and the Customer. The Customer shall, by accepting the Quotation or Invoice, be bound by these Terms and Conditions. These Terms and Conditions shall apply to the exclusion of all other Terms and Conditions, whether contained in the Customer Purchase Order or Conditions of Order or otherwise.
5. Delivery
Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP will aim to deliver Products and/or Services in accordance with the Customer order. The Customer delivery options, and the associated delivery costs, will be notified to the Customer at the time of order or by quotation. Delivery will be made to the Customer usual business address, unless otherwise agreed in writing.
Times and dates for delivery quoted by Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP are approximate only and Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP shall not be liable for the consequences of any delay in delivery.
If any delivery is late, the Customer must notify Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP, and Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP will endeavor to ascertain if the Products and/or Services has been delivered or the expected delivery time of the Products and/or Service to the Customer. If a revised delivery time is not acceptable Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP may offer an alternative delivery option.
6. Inspection, Transit Delays and Non-delivery
The Customer must inspect all Products and/or Services as soon as reasonably possible after delivery and shall, within 24 hours of delivery or, in the case of (iv), the due date for delivery, give written notice to Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP of:
i. Any defect in a Products and/or Services that is apparent on reasonable examination. In this case Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP shall, at Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP discretion, replace the Products and/or Services or refund the purchase price (See clause 10 for terms of warranty).
ii. Any shortfall in Products and/or Services delivered. In this case Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP shall, at its discretion, deliver the undelivered Products
iii. Any delivery of Products and/or Services not in accordance with the order. In this case Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP shall, at Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP discretion, replace the Products and/or Services.
iv. Any non-delivery of the Products and/or Services. In this caseNovella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP shall deliver the undelivered Products and/or Services.
If the Customer fails to give any such notice, the Customer will be deemed to have accepted the relevant order as being delivered in accordance with the Customer's instructions and to have accepted the Products and/or Services as being free from all apparent defects.
The remedies set out above are the Customer's exclusive remedies in the circumstances described in paragraphs (i) to (iv) above. Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP shall not be liable for any other losses, damages or expenses.
7. Payment
If Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP has not granted credit to the Customer, payment terms are cash with order. Credit terms (subject to satisfactory references and at Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP absolute discretion) are available. If credit has been granted, the Customer must pay 7 days from invoice. All payments must be made without any set-off, deduction or counterclaim.
If any sum is not paid on the due date for payment:
i. All sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date;
ii. The Customer will be liable to pay all expenses and legal costs incurred by Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP in relation to obtaining or seeking to obtain an appropriate remedy; and
iii. Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP may charge the Customer interest calculated on the unpaid amount and accrued during the period from the due date until payment is made in full (whether before or after judgement) at the rate of one per cent per month, compounded monthly.
8. Passing of Risk and Property
Risk of loss of or damage to the Products and/or Services shall pass to the Customer on delivery. Ownership of the Products and/or Services shall not pass to the Customer until all sums due to Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP from the Customer for those Products and /or Services have been received by Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP, and until that time Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP shall be entitled to the immediate return of all Products and/or Services if the Customer is late in paying any sum to Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP. The Customer authorizes Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP and its agents to enter any premises of the Customer and to recover the Product and/or Services for that purpose.
9. Product and Availability Information
Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP reserves the right to discontinue any Products and/or Services or to change them at any time. Unless otherwise confirmed, nothing in the website, webstore, newsletter or catalogue is to be taken as a representation of the source of origin, manufacture, or production of any Products and/or Services or any part of them.
10. Warranty
To the extent permitted by the Competition and Consumer Act 2011 (CCA):
i. For Products: Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP warrants that if any Products and/or Services (with the exception of Newson Gale, Centre for Static Electricity and Lightning Protection or Meech Products and/or Services) is defective, it will, at its option, replace or repair the Products and/or Services or refund the purchase price. This warranty is subject to a claim being notified in writing to Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP within 12 months of the date of invoice of the Products and/or Services.
ii. For Services: Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP warrants that if any Products and/or Service (with the exception of Newson Gale, Centre for Static Electricity and Lightning Protection or Meech Products and/or Services) is defective, it will, at its option, either rectify the Products and/or Services or supply to the Customer free of charge a substitute Products and/or Services in place of the defective Products and/or Services. This warranty is subject to a claim being notified in writing to Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP within 12 months of the date of the invoice.
These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP. The Customer must deal with the defective Products and/or Services in accordance with Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP instructions.
The Customer must contact Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP to notify Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP in advance of the return of any Products and/or Services and obtain a returns number, to be quoted on all paperwork. Returned Products and/or Services are at the cost of the Customer and must be accompanied by an advice note stating the invoice number and the nature of the defect. Where the Customer does not return Products and/or Services in accordance with this clause 9, Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP may refuse such Products and/or Services and return them to the Customer at the Customer's cost.
To the extent permitted by the CCA, the remedies set out above shall be Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP sole liability and the Customer's sole remedy for any breach of warranty and in respect of the supply of Products and/or Services. Save as expressly provided in these Terms and Conditions, all implied warranties, Terms and Conditions concerning the supply of Products and/or Services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). The Customer acknowledges that it is responsible for ensuring that the Products and/or Services it orders are fit for the purposes for which it intends to use them.
In giving the warranties set out above, Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP does not exclude or limit any application of the Competition and Consumer Act 2011 (CCA) where to do so would contravene the CCA or cause any term of these conditions to be void ("Non Excludable Condition"). These warranties are in addition to any Non- Excludable Conditions.
10.1 Warranty - Meech, Newson Gale, France Paratonnerres and Centre for Static Electricity and Lightning Protection Products and/or Services
Any warranty claim in relation to Meech, Newson Gale, France Paratonnerres or Centre for Static Electricity and Lightning Protection Products and/or Services is subject to Meech Static Eliminators Ltd, Newson Gale Ltd , France Paratonnerres Ltd and Centre for Static Electricity and Lightning Protection warranty policy and/or product warranty statement.
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Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP act only as an intermediary between the Customer and Meech Static Eliminators Ltd or the Customer and Newson Gale Ltd or the Customer, and France Paratonnerres Ltd or the Customer and Centre for Static Electricity and Lightning Protection or Customer in this instance, by providing advice to the Customer and assisting where required with the warranty process as requested by Meech Static Eliminators Ltd and or Newson Gale Ltd and or France Paratonnerres and or Centre for Static Electricity and Lightning Protection. Where a warranty policy or product warranty statement is unavailable Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP will seek clarification from Meech Static Eliminators Ltd, Newson Gale Ltd, France Paratonnerres and Centre for Static Electricity and Lightning Protection on behalf of the customer.
11. Limitations of Use
Products sold by Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP are not recommended or authorized for use in life support, surgical implantation or nuclear applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.
12. Hazardous Areas
The Customer agrees to indemnify Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP from the following:
I. To the extent permitted by the law, Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP 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 Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors: in relation to any Products and/or Services including maintenance for Hazardous Areas.
II. Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP shall not be liable for any 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 the supply of any goods or services for a hazardous area
III. Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP shall not be liable for any 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 the supply of any goods or services supplied to a customer for an incorrectly classified hazardous area or non-hazardous area.
***HAZARDOUS AREAS & NON HAZARDOUS AREAS*** It is the responsibility of the Customer, reseller, client or owner/occupier, manager or person in control of the site/installation to provide Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP all relevant documentation including but not limited to the; Plant Verification Dossier, Hazardous Area Classification Report, Hazardous Area Classification Diagram and Conformity Assessment documents, Static Control Plan, Lightning Control Plan, specification or design requirements. Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP do not install equipment. Any installers (appointed by the Customer) such as but not limited to; electricians, technicians, fitters & engineers must comply with the relevant Australian/ New Zealand Standards and meet the requirements as set out by each State and or Territory; Electricity Act, Occupational Health & Safety Act, Work Health & Safety Act. Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP act solely as a supplier of goods. The Customer accepts responsibility for the installation of goods supplied by Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP in accordance with all relevant regulatory State Acts and Australian/New Zealand Standards.
Customers who do not provide all the following documentation including but not limited to the; Plant Verification Dossier, Hazardous Area Classification Report, Hazardous Area Classification Diagram and Conformity Assessment documents, Static Control Plan, Lightning Control Plan, specification and or design requirements to Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP will be provided with a quotation or invoice for the supply of equipment """site/application/process/design or specification - unseen""".
In the event that a quotation or invoice is provided """site/application/process/design or specification - unseen""", it is incumbent upon the customer to ensure that the equipment quoted or invoiced by Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP meets the necessary Australian & New Zealand standards, regulations, codes of practice, specification or design requirements for the intended end user site. Specifically but not limited to AS/NZS 60079:14, AS/NZS 3000 and all referred standards & TS IEC 60079-32-1. Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP shall not be liable for any injury, fire or explosion, 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 the supply of any goods or services to a Customer for a hazardous area.
13. Installation of Equipment
Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP do not install equipment. Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP commission, provide annual inspection and reporting on the installation and function of Meech, Newson Gale and France Parratonnerres equipment for the purposes of warranty and certification. Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP can provide installation oversight however the installation of equipment is the sole responsibility of the Customer
Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP shall not be liable for any 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 the installation of any equipment that has been specified by or is represented by Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP.
14. Liability
To the extent permitted by the law, Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP 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 Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.
Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP shall not be liable for any 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:
i. any express or implied terms of the contract between Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP and the Customer, or of any order accepted by Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP;
ii. any duty of any kind imposed on Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP by law; or
iii. any defect in the Products and/or Services.
If, notwithstanding any provisions of these Terms and Conditions, any liability attaches to Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP, 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
a. any express or implied terms of the contract between Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP and the Customer, or of any order accepted by Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP;
b. any duty of any kind imposed on Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP by law; or
c. any defect in the Products and/or Services, shall be limited in the aggregate to $20 or the total value of the order, whichever is greater.
15. Cancellations and Returns
The Customer may not cancel orders once accepted by Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP. Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP may allow an order to be cancelled at its discretion, subject to Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP recovering from the Customer the costs incurred by Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP. If only part of an order is cancelled, Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP may invoice the Customer any difference in selling price per unit applicable to the quantity actually dispatched prior to cancellation compared to the quantity ordered.
The Customer cannot return Products and/or Services to Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP for a change of mind or for incorrect ordering, and receive a credit or refund
16. Services/Repairs
Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP offers repair and maintenance services in respect of Products and/or Services. Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP may quote a turnaround time target for these Product/and or Services, but will be under no liability if it fails to comply with such target. The conditions which apply to each of the Product and/or Services are set out below:
The Repair Service is subject to the availability of parts and is only available if the Product has not suffered excessive physical or electrical damage and is free from modifications (other than those detailed in the Product literature). Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP may at its absolute discretion either repair the Product or replace it with a substitute Product. Service costs or Replacement costs will apply. Products that are used in a Hazardous Area must be repaired in accordance with manufacturers instructions and any repair must comply with Australian and New Zealand regulations and standards. Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP shall not be liable for any 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 the repair of any products/goods or services supplied to a customer.
These service obligations apply where the general obligations of Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP under the Warranties and Non-Excludable Conditions do not apply to a given circumstance.
17. Rights in the Catalogue and on Website
The Customer acknowledges that Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP and its licensors own the intellectual property rights in the catalogue or on any website. The reproduction, duplication of intellectual property in a catalogue or on a website including but not limited to images, brand, logos, product information, stock numbers, without Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP prior written consent is strictly prohibited.
18. Force Majeure
A force majeure event is any event beyond the reasonable control of Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP (including but not limited to, war, floods, strikes, pandemics, traffic congestion, the downtime of any external line, or Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP is prevented or restricted from carrying out all or any of its obligations by reason of any force majeure event, then Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP 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, Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP may cancel the affected order or cancel the whole or any part of these terms and conditions, without any liability to the Customer.
19. Anti-Bribery
The Customer shall (and shall ensure that persons associated with it or other persons who are purchasing goods or services in connection with this contract shall) comply with all applicable laws, statutes, regulations relating to anti-bribery and anti-corruption, and shall:
i. not (directly or indirectly) induce any employee, agent or subcontractor of Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP to make any concession to or confer any benefit on the Customer, refrain or withhold from doing any act, in return for any gift, money, or other inducement;
ii. not do or omit to do any act that will cause or lead Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP to be in breach of any of the Relevant Requirements;
iii. promptly report to Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP any request or demand for any undue financial or other advantage of any kind received by the Customer in connection with the performance of this contract;
iv. have and maintain in place throughout the term of this contract its own policies and procedures, including, but not limited to, adequate procedures to ensure compliance with the Relevant Requirements and shall promptly supply copies of or provide access to such policies on request from Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP.
The Customer is informed that Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP employees are not permitted to:
v. accept gifts of more than token value, loans, excessive entertainment or other substantial favours from any company or individual that does business with Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP or seeks to do so;
vi. solicit gifts or other favours from any company or individual that does business with Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP, or seeks to do so.
Entertainment is acceptable only if it has a justifiable business purpose. It should be of a reasonable nature and such that Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP employees, agents or contractors, can reciprocate.
Financial restrictions on gifts and entertainment are contained in Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP Anti-Bribery Policy and further details are available on request.
Any breach of this clause 16 shall be a material breach of this contract which is incapable of remedy.
20. Privacy and Customer Information
Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP respects the privacy of Customers. The Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP privacy policy is detailed on its website at www.staticelectricity.com.au ("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.
Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP may send to the Customer and its employees details of other products and services offered by the group that may be of interest. If the Customer or its employees do not wish to receive details of these other offers, or wish to amend or correct their details, then they should contact the Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP marketing department by email on static@staticelectricity.com.au
The Customer consents to Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP disclosing the Customer's name to certain of Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP suppliers for market research and commission purposes.
21. Confidentiality
The Customer and any of its employees, including but not limited to 3rd party contractors, subcontractors or agents, family and friends cannot distribute or disseminate any documentation from Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP including but not limited to: any emails, quotations, estimates, invoices, pricing or price files, test reports, site reports, maintenance reports & financial reports, without written permission from Mr Cem Novella & Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP static@staticelectricity.com.au
The Customer agrees that if any of its employees, including but not limited to 3rd party contractors, subcontractors or agents, family and friends distribute or disseminate any documentation from Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP including but not limited to: any emails, quotations, estimates, invoices, pricing or price files, test reports, site reports, maintenance reports & financial reports, without written permission from Mr Cem Novella & Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP, the Customer may be liable for any 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, sustained by Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP.
22. Law and Jurisdiction
The contract between Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP 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 Australia, but Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP may enforce the contract in any court of competent jurisdiction.
23. Site Reports, Static Control Plans, Static Control Assessments. Site Audits & Site Surveys
All Site Reports, Static Control Plans, Static Control Assessments, Site Audits & Site Surveys and any documentation ("Report") that forms the basis of a recommendation or specification is valid for a period of 3 months from the date of issue (date that a Report is emailed to the Customer or the date that is represented on the Report, whichever comes first ("date"). After 3 months from the date all information provided within the Report is null and void. To the extent permitted by the law, Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP 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 Novella Group Pty Ltd TA/ SEC, MASC, NGA & CSELP technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.
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