Common use of Customer Orders Clause in Contracts

Customer Orders. 4.1 Orders once received from a Customer are irrevocable unless otherwise agreed to by the Company in writing on a case-by-case basis or cancelled by the Company in its absolute discretion. The Company may withdraw from the supply of Goods ordered or unilaterally cancel any Quote or Order at any time up to delivery without any liability to the Customer (other than to refund any deposit paid by the Customer in respect of that Quote or Order). 4.2 Orders once received cannot be deferred or suspended unless otherwise agreed to in writing by the Company and the Customer indemnifies the Company for any loss associated with the deferral. Confirmation of order documents must be clearly marked, otherwise they will be treated as original Orders. 4.3 If, after the placement of an Order, the Customer directs that delivery be spread over additional lots to different addresses from those specified in the Order, then each such delivery will be deemed to be a separate quantity and a novation of the original contract and may be priced accordingly. The Customer will be liable for any additional costs incurred in that regard by the Company. 4.4 If for any reason the Goods ordered are unavailable, the Company has the right to substitute alternative Goods provided they are reasonably equivalent in all respects (unless the Order specified otherwise). If quantity and pack sizes vary from the date of Quotation or Order the Company may substitute alternative sizes but not so that the Customer is required to purchase in aggregate more Goods than ordered. 4.5 If the Company agrees to make available any Goods for the carrying out of any tests or certification processes then those tests or processes will be carried out by the Customer at the Customer’s cost and risk. By providing Goods for the undertaking of testing or certification processes pursuant to this clause, the Company expressly does not assume any responsibility for the Goods whatsoever including any liability if the results of the tests or certification processes carried out are wrong. 4.6 Where the Agreement is entered into conditional on the Customer’s approval of a sample provided by the Company, the Company gives no undertaking, express or implied, that the Goods supplied will be exactly the same as the sample, although reasonable endeavours will be made to supply Goods as close to the sample as possible. The Customer is not discharged from its obligations under these Terms if the Goods are found not to be identical. 4.7 The Customer must specify the details of the standard that Orders for Goods must comply with if that standard is different or additional to the applicable Australian or International Standards.

Customer Orders. 4.1 Orders once received from a Customer are irrevocable unless otherwise agreed to by the Company in writing on a case-by-case basis or cancelled by the Company in its absolute discretion. The Company may withdraw from the supply of Goods ordered or unilaterally cancel any Quote or Order at any time up to delivery without any liability to the Customer (other than to refund any deposit paid by the Customer in respect of that Quote or Order). 4.2 Orders once received cannot be deferred or suspended unless otherwise agreed to in writing by the Company and the Customer indemnifies the Company for any loss associated with the deferral. Confirmation of order documents must be clearly marked, otherwise they will be treated as original Orders. 4.3 If, after the placement of an Order, the Customer directs that delivery be spread over additional lots to different addresses from those specified in the Order, then each such delivery will be deemed to be a separate quantity and a novation of the original contract and may be priced accordingly. The Customer will be liable for any additional costs incurred in that regard by the Company. 4.4 If for any reason the Goods ordered are unavailable, the Company has the right to substitute alternative Goods provided they are reasonably equivalent in all respects (unless the Order specified otherwise). If quantity and pack sizes vary from the date of Quotation or Order the Company may substitute alternative sizes but not so that the Customer is required to purchase in aggregate more Goods than ordered. 4.5 If the Company agrees to make available any Goods for the carrying out of any tests or certification processes then those tests or processes will be carried out by the Customer at the Customer’s cost and risk. By providing Goods for the undertaking of testing or certification processes pursuant to this clause, the Company expressly does not assume any responsibility for the Goods whatsoever including any liability if the results of the tests or certification processes carried out are wrong. 4.6 Where the Agreement is entered into conditional on the Customer’s approval of a sample provided by the Company, the Company gives no undertaking, express or implied, that the Goods supplied will be exactly the same as the sample, although reasonable endeavours will be made to supply Goods as close to the sample as possible. The Customer is not discharged from its obligations under these Terms if the Goods are found not to be identical. 4.7 The Customer must specify the details of the standard that Orders for Goods must comply with if that standard is different or additional to the applicable International or Australian or International Standards.