Laser Terms & Conditions

Interpretation of Definitions for the purpose of these Terms:

"CCA" means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) and its associated

Regulations as amended.

"Agreement" means any agreement for the provision of Goods or services by DK Machine Tech to the Buyer.

"Consumer" is as defined in the CCA and in determining if the Buyer is a consumer, the determination is made if Buyer is a

consumer under the Agreement.

"Goods" means Goods supplied by DK Machine Tech to the Buyer.

"GST" means the Goods and Services Tax

"PPSA" means the Personal Property Securities Act 2009 and Regulations as amended.

"Buyer" means the person, jointly and severally if more than one, acquiring Goods or services from DK Machine Tech

"Services" means services supplied by DK Machine Tech to the Buyer

"Terms" means these Terms and Conditions of Sale

Basis of Agreement

1.1 Unless otherwise agreed by DK Machine Tech in writing, the Terms apply exclusively to every transaction and cannot bevaried or replaced by any other Terms, including the Buyer's terms and conditions of purchase (if any).

1.2 Any quotation provided by DK Machine Tech to the Buyer for the proposed supply of Goods or services is:

a) valid for 30 days (but subject to exchange rate fluctuations)
b) only valid if in writing; and

1.3 The Terms may include additional terms in DK Machine Tech’s proposal, which are not inconsistent with the Terms

1.4 An Agreement is accepted by DK Machine Tech when DK Machine Tech accepts in writing or electronic means, an offer from the Purchaser or provides the Purchaser with the Goods or services.

1.5 DK Machine Tech has absolute discretion to refuse to accept any offer.

1.6 The Purchaser must provide DK Machine Tech with Its specific requirements, if any, in relation to Goods and services

1.7 DK Machine Tech may vary or amend these Terms by written notice to the Purchaser at any time. Any variations or amendments will apply to orders placed after the notice date.

Price

2.1 Prices quoted for the supply of Goods and services exclude GST and any other taxes or duties imposed on or in relation to the Goods and services.

2.2 The price quoted does not include the cost of any installation, repair or maintenance services to be performed by DK Machine Tech that may be required from time to time unless clearly indicated within the contract.

2.3 If the Purchaser requests any variation to the Agreement, DK Machine Tech may increase the price to account for the variation.

2.4 Where there is any change In the costs incurred by DK Machine Tech in relation to Goods or services, DK Machine Tech may vary its price to take account of any such change, by notifying the Purchaser.

Payment

3.1 Unless otherwise agreed in writing:

a) a deposit will be paid upon official order placement and will Include GST. Orders are not placed upon DK Machine Tech Suppliers until the purchaser's deposits are first cleared into DK Machine Tech’s account
b) balance of payment plus GST (unless written otherwise within the contract) is due prior to Shipping from DK Machine Tech supplier.
c) payment terms may be changed or amended at DK Machine Tech’s discretion, taking effect immediately on giving written notice to the Buyer[2]

Payment Default

4.1 If the Purchaser defaults in payment by the due date of any amount payable to DK Machine Tech, then all money which would become payable by the Purchaser to DK Machine Tech at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Purchaser, and DK Machine Tech may, without prejudice to any of its other accrued or contingent rights:

a) charge the Purchaser interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (QLD) plus 4% for the period from the due date until the date of payment In full
b) charge the Purchaser for, and the Purchaser must indemnify DK Machine Tech from, all costs and expenses (including without limitation all legal costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Agreement or to recover any Goods
c) cease or suspend supply of any further Goods or services to the Purchaser;
d) by written notice to the Buyer

5.2 Clauses 4.l(c) and 4.l(d) may also be relied upon, at DK Machine Tech 's option:

a) where the Purchaser is a natural person and becomes bankrupt or enters Into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally;

b) where the Purchaser is a corporation and, it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a liquidator, administrator, receiver or manager or similar functionary appointed in respect of its assets, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up of the Purchaser.

Technical Documents and information

5.1 The Buyer must not pass on any manuals or technical documents to any other party without DK Machine Tech’s written agreement.

Safety Standards

6.1 Refer to DK Machine Tech document “Laser Safety and Protection Information”. This document must be read, understood and signed off by the Buyer before Goods are used. The buyer is fully responsible for the safe use of this equipment and ensuring all employees are aware of the hazards of these Goods.

Title of Goods

7.1 Until DK Machine Tech receives full payment and clear funds in their bank account, for all the Goods supplied by them to the Buyer, as well as all other amounts owing to DK Machine Tech by the Buyer:

a) title and property in all Goods remain vested in DK Machine Tech and do not pass to the Buyer
b) the Purchaser must hold Goods as fiduciary bailee and agent for DK Machine Tech
c) the Purchaser must keep the Goods insured against theft, breakage, fire flood and any other risks as reasonably required by DK Machine Tech
d) the Purchaser must keep the Goods separate from its Goods and maintain DK Machine Tech 's labelling and packaging.
e) the Purchaser must hold the proceeds of sale of the Goods on trust for DK Machine Tech in a separate account with a bank to whom the Purchaser has not given security however failure to do so will not affect the Purchaser's obligation as trustee
f) in addition to its rights under the PPSA, DK Machine Tech may without notice, enter any premises where it suspects the Goods are and remove them, notwithstanding that they may have been attached to other Goods not the property of DK Machine Tech, and for this purpose the Purchaser irrevocably licences DK Machine Tech to enter such premises and also indemnifies DK Machine Tech from and against all costs, claims, demands or actions by any party arising from such action.

Personal Properties Securities Act

8.0 Personal Property Securities Act 2009 ("PPSA")

8.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

8.2 Upon assenting to these terms and conditions in writing the Buyer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods and/or collateral (account) – being a monetary obligation of the Buyer to DK Machine Tech for Services –that have previously been supplied and that will be supplied in the future by DK Machine Tech to the Buyer.

8.3 The Buyer undertakes to:

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which DK Machine Tech may reasonably require to;

(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii) register any other document required to be registered by the PPSA; or[3]

(iii) correct a defect in a statement referred to in clause 8.3(a)(i) or 8.3(a)(ii);

(b) indemnify, and upon demand reimburse, DK Machine Tech for all expenses incurred in registering a financing statement or

financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;

(c) not register a financing change statement in respect of a security interest without the prior written consent of DK Machine Tech;

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of DK Machine Tech;

(e) immediately advise DK Machine Tech of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

8.4 DK Machine Tech and the Buyer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

8.5 The Buyer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

8.6 The Buyer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

8.7 Unless otherwise agreed to in writing by DK Machine Tech, the Buyer waives their right to receive a verification statement inaccordance with section 157 of the PPSA.

8.8 The Buyer must unconditionally ratify any actions taken by DK Machine Tech under clauses 8.3 to 8.5.

8.9 Subject to any express provisions to the contrary (including those contained in this clause 8), nothing in these terms andconditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

Risk

9.1 Risk of damage to or loss of the Goods passes to the Buyer on Delivery and the Buyer must insure the Goods on orbefore Delivery.

9.2 Delivery of the Goods shall be deemed to occur and the Goods shall be at the Buyer's risk:

(a) in the case of transport to the Buyer's specified delivery point; upon the commencement of the unloading of the Goods from the transport vehicle; or

(b) in the case of collection by the Buyer from DK Machine Tech's premises; upon the commencement of the loading of the Goods onto the Buyer's vehicle; or

9.3 If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Buyer, DK Machine Tech is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by DK Machine Tech is sufficient evidence of DK Machine Tech's rights to receive the insurance proceeds without the need for any person dealing with DK Machine Tech to make further enquiries.

9.4 If the Buyer requests DK Machine Tech to leave Goods outside DK Machine Tech's premises for collection or to deliver the Goods to an unattended location, then such Goods shall be left at the Buyer's sole risk.

Limitation of Liability

10.1 Save where otherwise expressly provided in the Contract, DK Machine Tech shall not be liable for any claim, loss, damage or expense, whether direct or indirect (including consequential loss or damage) arising out of any:

(a) breach of contract by DK Machine Tech;

(b) negligence of DK Machine Tech, its employees or agents; or

10.2 DK Machine Tech shall not be liable for any defect, damage or other malfunction caused to the Goods by misuse, neglect, accident, vandalism, damage in transit, normal wear and tear, component failure, alteration, modification or unusual physical, environmental or electrical stress.

10.3 Any time specified by the Seller for Delivery of the Goods is an estimate only and the Seller will not be liable for any loss or damage incurred by the Buyer as a result of Delivery or being late. However both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties.

10.4 Without prejudice to any other rights DK Machine Tech may have against the Buyer, and to the extent permitted by law, the Buyer hereby agrees to indemnify and keep indemnified DK Machine Tech against any loss, damage or expense (including, without limitation, costs, whether or not the subject of a court order) incurred by it should the Buyer breach the Contract or cancel any order or part thereof for the Goods after entry into the Contract.

10.5 Nothing in the Contract shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (CCA), Fair Trading Act or PPSA) and which by law cannot be excluded, restricted or modified

Cancellation of Order

11.1 Without prejudice to any other remedies DK Machine Tech may have, if at any time the Buyer is in breach of any obligation (including those relating to payment) under these terms and conditions DK Machine Tech may suspend or terminate the supplyof Goods to the Buyer. DK Machine Tech will not be liable to the Buyer for any loss or damage the Buyer suffers because DK Machine Tech has exercised its rights under this clause.

11.2 DK Machine Tech may cancel any contract to which these terms and conditions apply or cancel Delivery of Goods at any time before the Goods are delivered by giving written notice to the Buyer. On giving such notice DK Machine Tech shall repay to the Buyer any money paid by the Buyer for the Goods. DK Machine Tech shall not be liable for any loss or damage whatsoever arising from such cancellation.

11.3 In the event that the Buyer cancels Delivery of Goods the Buyer shall be liable for any and all loss incurred (whether[4] direct or indirect) by DK Machine Tech as a direct result of the cancellation (including, but not limited to, any loss of profits).

11.4 Cancellation of orders for Goods made to the Buyer's specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

Shortages and Exchanges

l Subject to clauses 12.2 and 12.4, DK Machine Tech will not be liable for any shortages, damage or non-compliance with the specifications in the Agreement unless the Purchaser notifies DK Machine Tech with full details and description within 10 days of delivery otherwise the Purchaser is deemed to have accepted the Goods.

12.2 When any shortages, claim for damaged Goods or non-compliance with the Agreement specifications is accepted by DK Machine Tech , DK Machine Tech may, at its discretion, replace the Goods, or refund the price of the Goods.

12.3 Subject to clause 12.4, DK Machine Tech will not under any circumstances accept Goods for return that :

(a) have been specifically produced, imported or acquired to fulfil the Agreement;

(b) are discontinued Goods or no longer stocked by DK Machine Tech;

(d) have been used; or

(e) are not in their original condition and packaging.

12.4 If the Buyer is a consumer, nothing in this clause 12 limits any remedy available for a failure of the guarantees in

Sections 56 and 57 of the CCA

General

13.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party's right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

13.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria, the state in which DK Machine Tech has its principal place of business, and are subject to the jurisdiction of the courts in Victoria .

13.3 Subject to clause 13, DK Machine Tech shall be under no liability whatsoever to the Buyer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by DK Machine Tech of these terms and conditions (alternatively DK Machine Tech's liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).

13.4 DK Machine Tech may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Buyer's consent.

13.5 The Buyer cannot licence or assign without the written approval of DK Machine Tech.

13.6 DK Machine Tech may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Buyer agrees and understands that they have no authority to give any instruction to any of DK Machine Tech's sub-contractors without the authority of DK Machine Tech.

13.7 The Buyer agrees that DK Machine Tech may amend their general terms and conditions for subsequent future contracts with the Buyer by disclosing such to the Buyer in writing. These changes shall be deemed to take effect from the date on which the Buyer accepts such changes, or otherwise at such time as the Buyer makes a further request for DK Machine Tech to provide Goods to the Buyer.

13.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

13.9 Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.