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Terms of Sale

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SATO Australia Pty Ltd

  1. Definitions

    "Business Hours" Monday to Friday 9am to 5pm excluding public holidays.

    "SATO" is SATO Australia Pty Ltd A.B.N. 117 888 187.

    "Customer" is the person or firm or company purchasing Equipment from SATO.

    "Equipment" The products, goods or services (including EWA) referred to in these Terms & Conditions.

    "Event of Default" The Customer fails to comply with a term of this agreement or any other agreement with SATO or its related company; or the Customer commits an act of bankruptcy; or the Customer enters into any composition or arrangement with its creditors; or the Customer does anything which would make it liable to be liquidated; or a resolution is passed or proceedings commenced for the Customer to be liquidated; or a receiver or statutory or official manager is appointed over all or any of the Customer’s assets; or any distress or execution is levied or threatened against any of a Customer’s assets; or if the Customer fails to satisfy a judgment against the Customer in 14 days; or in SATO’s opinion the Customer is unable to pay its debts; or the ownership or effective control of the Customer is transferred without the written consent of SATO.

    "Taxes" Any governmental, quasi-governmental, federal, or state taxes, duties, levies or like charges which arise in relation to the sale or supply of the Equipment.

  2. Prices

    Unless otherwise stated, prices are exclusive of Goods and Services Tax (GST) and all Taxes (if any). Any GST or other Taxes payable by SATO in respect of any supply to the Customer shall be added to the price and is payable by the Customer to SATO when the price is payable.

  3. Freight

    Prices quoted are exclusive of freight and the Customer shall be responsible for freight of the Equipment from SATO’s place of dispatch. If SATO arranges the freight:

    1. The Customer shall pay the full cost of the freight to SATO plus GST, if any;

    2. SATO makes no warranty that the freight will be arranged at the cheapest rate and takes no responsibility and will not be liable for any act, neglect or default of the freight contractor;

    3. SATO does not warrant that the freight contractor will meet any delivery timetable; and

    4. The Equipment will be transported on the freight contractor’s standard terms and conditions of carriage.

  4. Delivery

    The delivery times made known to the Customer are estimates only, and SATO shall not be liable for late delivery or non-delivery. Under no circumstances shall SATO be liable for any loss, damage, or delay occasioned to the Customer or its customers arising from late or non-delivery or late installation of the Equipment. If the Customer refuses to accept delivery of Equipment, SATO may charge the Customer for any additional costs incurred as a result, including storage and transport costs.

  5. Consumer Rights

    The Trade Practices Act and other statutes may imply warranties or conditions or impose obligations upon SATO which cannot, or can only to a limited extent, be excluded, restricted or modified. Anything in this Agreement that excludes or limits SATO’s liability shall apply only to the extent permitted by law and these Conditions shall be construed subject to such statutory provisions. If such statutory provisions apply, and to the extent lawfully permitted, SATO’s liability thereunder shall be limited to whichever of the following SATO selects:

    1. The replacement of the Equipment or the supply of equivalent Equipment;
    2. The payment of the cost of replacing the Equipment or acquiring equivalent Equipment;
    3. The repair of the Equipment; or
    4. The payment of the cost of having the Equipment repaired or for Services, to supplying the Services again, or, at SATO’s option, the payment of the cost of having the Services supplied again.

  6. Consequential Loss

    SATO hereby expressly excludes to the extent permitted by law any liability (arising in contract or in tort or however otherwise arising) for:

    1. Consequential loss or damage caused by or arising out of the use of the Equipment or occurring in respect of the Equipment;

    2. Loss or damage due to fair wear and tear, negligence or improper use, operation, storage or handling or (without prejudice to the generality of the foregoing) the use or operation of the Equipment other than strictly in accordance with SATO’s written instructions.

    3. Loss, injury or damage (including consequential loss) arising from fire, accident, industrial dispute, civil disturbance or any other act of accidental default interfering with the manufacture, dispatch or delivery of the Equipment or beyond the control of SATO.

  7. Relationship of Parties

    The parties acknowledge that neither of them is an agent or partner of the other for any purpose and that each of them is entirely without authority to act on behalf of the other in any manner. SATO shall not be responsible to third parties for any claim arising out of the activities of the Customer and the Customer shall hold SATO harmless against any claim arising in connection herewith and shall indemnify and hold harmless SATO for any amount which SATO may be required to pay as a result of any claim.

  8. Waiver

    A failure to exercise or enforce, a delay in exercising or enforcing or conduct which is inconsistent with exercising or enforcing, any right or remedy held by SATO in relation to this Agreement will not in any way preclude or operate as a waiver of the exercise or enforcement of that right or remedy.

  1. Severability

    Should any part of this Agreement be or become invalid, that part shall be severed from this Agreement. Such invalidity shall not affect the validity of the remaining provisions of the Agreement.