TERMS AND CONDITIONS1. Definitions and InterpretationsIn these terms and conditions:“Customer” means the person who or entity which orders the goods or services“Conditions” means the standard terms and conditions as specified in this document and agreed inwriting between the customer and Yacht Electrical Solutions“Yacht Electrical Solutions” means Yacht Electrical Solutions Pty. Limited“Products” means any goods as specified in the Quote, Purchase Order or Invoice to be supplied to thecustomer“Services” means the labour to be performed by Yacht Electrical Solutions such as repairs, installations orlabour work to be undertaken as specified in the Quote, Purchase Order or Invoice2. Customer AcknowledgementThe Customer acknowledges agreement with these Terms and Conditions upon placement of an order topurchase products and services from Yacht Electrical Solutions.This contract of sale is between the Customer and Yacht Electrical Solutions Pty Limited.Products and services are supplied on these terms and conditions only by Yacht Electrical Solutions. Theseterms may not be varied in any way, regardless of any prior arrangements.3. DeliveryYacht Electrical Solutions will endeavour to deliver products or services by the quoted or agreed date,however will not be liable for any damages or claims as a result of delays beyond the agreed date.If the Customer fails or refuses to take delivery of the goods, then in addition to all other rights andremedies of Yacht Electrical Solutions Pty Limited, the Customer shall be liable for all loss and damage(including consequential loss and damage) suffered or incurred by Yacht Electrical Solutions Pty Limited asa result thereof and Yacht Electrical Solutions Pty Limited, at its discretion may charge a restocking fee ofup to 25% of the purchase price.Unless otherwise stated, prices are quoted as ex Yacht Electrical Solutions Pty Limited. All freight andinsurance is for the Customer’s account. The goods shall be at the Customer’s risk at the point of delivery.The Customer, upon taking delivery of the goods or services, shall immediately examine the goods andworkmanship and give written notice to Yacht Electrical Solutions Pty Limited of any defect within five (5)days of such date, failing which the goods shall be deemed to have been delivered in good order andcondition and accepted by the Customer.4. Return or Exchange of GoodsYacht Electrical Solutions Pty Limited will refund or credit goods returned within a reasonable time(generally 7 days) provided the goods are in original condition, original packaging, current version and nota special order, hardware, peripheral or clearance item. Otherwise, we will make our best effort toarrange exchange with the manufacturer or accept the goods back for resale. In this case, if the return isauthorized by Yacht Electrical Solutions Pty Limited, a restocking fee of up to 25% may apply.Return or exchange of computer hardware and peripherals is sometimes not possible due to third partyconstraints on Yacht Electrical Solutions Pty Limited (unless faulty). Unless agreed otherwise prior topurchasing, all sales shall be considered firm sales.5. Warranty InformationAll products sold by Yacht Electrical Solutions Pty Limited are covered by the manufacturers’ warrantythat accompanies the product unless otherwise stated. Yacht Electrical Solutions Pty Limited makes noadditional or independent warranty. Yacht Electrical Solutions Pty Limited does not warrant theperformance, compatibility, integrity, merchantability and fitness for a particular purpose of any product,but merely passes through to the Customer whatever end-user warranty the manufacturers or softwarepublishers provide with their respective products. The warranty will not come into effect until 100% ofpayment has been received by Yacht Electrical Solutions. All installation or repair work performed byYacht Electrical Solutions Pty Limited is guaranteed to be free of defect for 12 months from the date ofinvoicing. Any work performed that is deemed to be defective during the warranty period will be repairedat no cost to the customer at the original place where the work was originally carried out. Any other travelexpenses required in order to carry out these repairs shall be paid for by the customer.6. Title of GoodsThe goods shall remain the sole and absolute property of Yacht Electrical Solutions Pty Limited as legaland equitable owner and the Customer shall hold such goods as bailee only until such time as theCustomer shall have paid the full price, including any installation charges. The Customer shall be liable toYacht Electrical Solutions Pty Limited in respect of any loss or damage to the goods during such bailment.7. Terms of PaymentUnless otherwise agreed, the standard terms of payment are cash on delivery (C.O.D). If the cost of thehardware is over our minimum threshold we will require prepayment. If an approved credit facility is inplace, Yacht Electrical Solutions reserves the right to refuse or withdraw credit facilities at any time. Thequoted price shall be paid in full by the Customer on or before the specified payment date, including allapplicable taxes. Furthermore, the Customer will not make any deduction in the amount invoiced. Insome cases, Yacht Electrical Solutions may withhold delivery of goods ordered until payment is made.If the customer fails to make payment by the due date, Yacht Electrical Solutions shall be entitled to:a) charge the customer for any costs incurred in the collection of payment, including collection agencyfees and legal costs, cheque dishonour fees, interest at the current bank overdraft rate plus two percent(2%) per annum from the due date for payment until payment is made;b) repossess the goods without notice and resell the goods after seven (7) days written notice to theCustomer and recover from the Customer any loss from the resale price; andc) charge a restocking fee of up to 25% of the purchase price.8. InsuranceThe client agrees that YES, due to insurance constraints, may subcontract any portions of work to aqualified and insured rigger where any installations of mast fittings or mast cabling are to be undertaken.9. Errors and OmissionsAt Yacht Electrical Solutions Pty Limited, we work hard to offer you the most competitive pricing andaccurate product information. Because of the dynamic nature of this industry (e.g. vendor price changesand other variables beyond our control), prices, promotions, versions and availability advertised aresubject to change without prior notice. Please be assured of our every effort to ensure the accuracy;however the documents and graphics published may contain technical inaccuracies or typographicalerrors. Yacht Electrical Solutions Pty Limited makes no representations about the suitability of thisinformation; it is provided “as is” without warranty of any kind. If an error is made or a product is listed atan incorrect price,Yacht Electrical Solutions Pty Limited shall maintain the right to refuse or cancel any orders placed. If theorder has been confirmed and charged to your credit card, Yacht Electrical Solutions Pty Limited shallimmediately issue a refund.10. Limitation of LiabilityYacht Electrical Solutions Pty Limited, shall under no circumstances be liable for special, incidental, orconsequential damages including loss of profit or opportunity, even if it has been advised of the possibilityof such damages: the maximum liability for all damages, if any, arising out of any action shall be limited toan amount not to exceed the purchase price of the product.Subject to any applicable Commonwealth or State Legislation, Yacht Electrical Solutions Pty Limitedliability for any such breach shall be limited, at its sole discretion, to any of the following:a) Replacement of the goods or any part thereof;b) Supply of equivalent goods or any part thereof;c) Repair of the goods or any part thereof;d) Payment of the cost of replacing the goods or acquiring equivalent goods or any part thereof;e) The payment of the cost of having the goods or any part thereof repaired; orf) Refund of the goods upon return.11. All Sales Made in New South WalesAll sales shall be deemed made in the state of New South Wales regardless of the location of theCustomer. The Customer agrees that any dispute with Yacht Electrical Solutions Pty Limited shall bebrought by the Customer exclusively in the state or federal courts situated in the State of New SouthWales.12. GeneralYacht Electrical Solutions Pty Limited warrants that it has good title to all products it sells.In the event any section or portion of a section of these Terms and Conditions of Sale are deemedunlawful or unenforceable, that section or portion of a section shall be stricken from the Terms andConditions of Sale, and the remaining terms shall continue in full force and effect

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