1. CANCELLATION OF ORDER
No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company's sole discretion) and if such consent is given, it is at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation and restocking fee (being not less than 20% of the invoice value of the Goods).
2.1 The Company warrants to the Purchaser that the Goods will be supplied in an undamaged condition.
2.2 The Purchaser shall inspect the Goods immediately upon Delivery and, if the Goods are damaged or not otherwise in conformity with the contract relating to their supply shall give written notice to the Company of the details in respect thereof within seven (days) of the date of Delivery.
2.3 Any Goods the subject of a notice under clause 8.1 shall be left in the state and condition in which they were delivered until such time as the Company or its duly authorised agent has inspected the Goods, such inspection to be carried out within a reasonable time after notification by the Purchaser. If the Goods are not so left in the state and condition in which they were delivered, the Purchaser shall be deemed to have accepted the Goods and shall pay the purchase price for the Goods to the Company.
3. RETURN OF GOODS
3.1 No Goods will be accepted for return by the Company unless agreed in writing by the Company prior to such return and then only upon conditions acceptable to the Company and at the Purchaser's entire risk as to loss or damage.
3.2 Where the Company agrees to accept Goods for return, the Company's then current restocking charge, as varied from time to time, will be charged to the Purchaser and shall be immediately payable.
3.3 The Goods must be returned in original condition and not marked in any way and must be suitable for resale. If any of the sealed packing or part of the kits have been opened then the goods may not be eligible for returned. Partially used kits will also not be eligible for return unless there is a fault recognised by Key Diagnostics.
3.4 The goods must be stored as per manufacturer's instructions whilst in the customer's possession for the entire time.
4.1 Any disputes between the parties arising from the performance of the provisions of these Terms of Sale must be settled through friendly consultation by the parties. All disputes arising in respect of these Terms of Sale which are not resolved within thirty (30) days of first arising will be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by a single arbitrator appointed in accordance with the said Rules. The place of arbitration will be the State of
New South Wales, from which the Goods are sold by the Company ("the State"). The procedural law applicable to the arbitration will be that of the State. The decision of the arbitration is final and binding upon both parties.
4.2 During the period in which the dispute is being resolved, the parties must continue to perform all of the provisions of these Terms of Sale which are not under dispute and which are able to be performed by the parties.