TERMS, CONDITIONS & WARRANTIES

Payment Terms

The terms of payment for goods and services sold by Elizabeth Machines Co. is payable in full prior to despatch unless otherwise noted on quotation or Tax Invoice via an approved, established credit trading account in which terms are Nett 30 days.

Pricing

Prices listed on quotations or previous purchase are subject to change without notice. Should customer purchasing processes require accurate pricing for goods and services supplied on Tax Invoice, the purchaser must ensure a current quotation is sought prior to submitting the order.

Title / Ownership of Goods

Title or ownership of goods will only pass to the purchaser from Elizabeth Machines Co. once the full cost of the goods by cleared funds is received by Elizabeth Machines Co. In the event of default in payment by the purchaser for which they are liable to Elizabeth Machines Co. whereupon the commencement of any act or proceeding involving the purchasers insolvency, Elizabeth Machines Co. shall have the right to retake possession or permanently retain, any unpaid goods and to revoke all liability of Elizabeth Machines Co. to the purchaser on the contract of sale and delivery of such goods.

Irrevocable Orders

Elizabeth Machines Co. reserves the right to withhold deposit funds on irrevocable or special orders where non-stocked items are specifically ordered on the purchasers behalf. Goods are to be determined as irrevocable orders by notation on quotation or other correspondence from Elizabeth Machines Co. to the purchaser. The amount of funds withheld from the purchaser is to be determined by Elizabeth Machines Co. to reasonably cover any out of pocket expenses to carry unwanted stock ordered in good faith for the purchaser or cancellation penalties incurred by suppliers. The customer shall not cancel orders nor refuse acceptance of goods deemed to be irrevocable or special ordered.

Freight / Transportation

Freight or Transportation and freight insurance costs are not included unless otherwise stated on quotation including, but not limited to goods that are transported by Elizabeth Machines Co. appointed agent or transport contractor. Delivery shall be F.O.B. at Elizabeth Machines Co. office address supplying the goods unless otherwise noted. The purchaser shall be responsible for goods lost, damaged, stolen or delayed in transit as well as all delivery, transit and related expenses including duties. Failure of risk or damage or loss to the products for whatever reason shall be upon the purchaser and the purchaser assumes any and all liabilities, expenses and obligations regarding transportation, insurance, or any damage or loss to the goods in transit including, but not limited to goods that that are transported by Elizabeth Machines Co. appointed agent or transport carrier. Any damage to goods during transportation must be communicated to Elizabeth Machines Co. within 24 hours of receipt of goods. A detailed written report and supporting photographs may be requested for evidence by Elizabeth Machines Co. and / or transport carrier.

Lead Times

Lead times or estimated delivery dates are provided in good faith with historical data, supplier advice and transit time assumptions as guiding factors. Elizabeth Machines Co. will use reasonable efforts to deliver goods within the stated delivery dates, but Elizabeth Machines Co. makes no representation or guarantee that such delivery dates will be satisfied. Elizabeth Machines Co. shall not be responsible for any failure or delay in performance of any of its obligations, including, but not limited to delivery of goods within stated delivery dates.

Packaging

Equipment or goods prepared for transportation will be properly packaged to reasonably protect the goods from damage during transit. If applicable, a crating, packaging or handling cost may be noted on quotations or charged on invoices from time to time as required.

Installation and Operator Training

Where applicable, installation of the equipment and proper training of operators maybe necessary with the purchase of equipment. Installation and operator training, when necessary with the purchase of equipment will be listed on the quotation. From time to time, the purchaser will be responsible for the safe removal of goods from container and or crate and the disposal of crating and packaging materials. Any services performed by Elizabeth Machines Co. at the time of installation which are not included in the quotation may be charged to the purchaser at Elizabeth Machines Co. hourly service rate. Elizabeth Machines Co. shall also be entitled to a full reimbursement for reasonable meals, accommodation, travel or other expenses related to the performance of such services by Elizabeth Machines Co. or appointed agent not set forth in the quotation. The purchaser shall provide dedicated staff for the duration of the installation time without reasonable interruptions, so staff can be properly trained and instructed on the equipment.

Test Materials

Often, Elizabeth Machines Co. require adequate quantity of test materials, samples and threads for the set up, tuning and testing of ordered equipment at our facility prior to delivery. The purchaser is responsible for all costs of test materials and associated transport costs to deliver the materials to our facility or nominated supplier address. Elizabeth Machines Co. will make reasonable efforts to minimise the use and waste of test materials and will return any unused test materials to the purchaser. Similarly, test materials may be required at the time of installation at the purchasers nominated site to be used for operator training of the equipment. The purchaser is responsible for all costs of test materials used for set up, training during and after installation day(s).

Spare Parts

Unless otherwise specified on quotation, Tax Invoice or other correspondence from Elizabeth Machines Co. spare parts are not included and are additional options.

Positioning of Equipment

Where applicable, the purchaser is responsible for positioning the equipment in the location where it will be installed and used prior to the arrival of the installing technician(s).

Limited Warranty

Elizabeth Machines Co. represent a number of suppliers with a variety of products. Different suppliers and products often carry specific terms and conditions within the warranty, a list of common products and their associated warranty terms are listed below.

Industrial Sewing Machines

Elizabeth Machines Co. represent many sewing machine brands including, but not limited to, Juki, Union Special, Siruba, Seiko, Protex, Hightex, Cowboy, Newlong, Brother, Mitsubishi and more. Unless otherwise stated on quotation or Tax Invoice. Elizabeth Machines Co. provide a limited 24 month manufacture or workmanship fault/ defect warranty on supplied industrial sewing machines, motors and sewing bench components. Elizabeth Machines Co. will repair or make good any manufacturing or workmanship failure for the duration of the warranty. The purchaser must notify Elizabeth Machines Co. of any claim within a reasonable time of the fault. Exclusions include all consumable spare parts including, but not limited to bobbins, knives, feed dogs, throat plates, thread guides, loopers, rotary hook & base assemblies or shuttles and switches. Limitations include service labour, approved warranty work will be covered for free service labour for a period of 12 months from purchase/installation date. Travel time/expenses are also limited under the limited 24 month warranty term. Warranty and service labour is offered and provided to customers site if within 70 klm from Elizabeth Machines Co. office. Warranty for locations outside 70 klm from Elizabeth Machines Co. office is deemed to be an “in dealer” or “back to base” warranty where the purchaser will be responsible to safely deliver or transport the machine to an Elizabeth Machines Co. office for approved warranty works to take place. The customer shall be responsible for any and all travel, transportation and insurance costs associated with the warranty work under this term. Warranty excludes claims due to misuse, neglect, operator error, accident, unsuitable operation outside of the machines intended purpose and specification, general machine adjustments/settings including, but not limited to thread tension balancing, stitch length or foot pressure or feed adjustments. Skip stitching and thread breaking calls are subject to technician findings before warranty claim can be approved. Elizabeth Machines Co. may be entitled to recover cost for service labour and parts for non-approved warranty works depending on findings from technician. Warranty also excludes additional re-training of operators for general machine adjustments and functions.

Portable Sewing, Cutting and Steam Iron Equipment

All machines and equipment of a portable nature are supplied under an “in dealer” or “back to base” warranty term. Consumable parts for such equipment including, but not limited to cutting knives, sharpening stones, heat elements are excluded.

Bieffe Steam Iron Equipment

Covered by a limited 12 month manufacture fault / defect, “in dealer” or “back to base” warranty. Operators must strictly adhere to proper usage and maintenance of minimum water level, cleaning maintenance of boiler unit in accordance with instructions. Heat element and seals are consumables and excluded from warranty, so to misuse, negligence, accident or operator error. Bieffe steam iron units supplied by Elizabeth Machines Co. are not intended or specified for constant steaming of hanging garments or curtains.

Gammill Quilting Systems

Gammill machines are supplied with a limited lifetime manufacture fault/defect warranty on mechanical parts, workmanship and devices, Gammill manufactured electronics are covered by a three (3) year manufacture fault / defect warranty and Gammill OEM supplied electronics such as Vision tablets and Statler PC’s are supplied and covered by the respective manufactures warranty, by the manufacturers own Australian service division or agent. A two (2) year free service labour warranty applies to Gammill machinery. Purchasers located further than 70klm from an Elizabeth Machines Co. office are covered by an “in dealer” or “back to base” warranty. Travel expenses, freight costs, travel time costs, insurance etc are all the responsibility of the purchaser. Warranty excludes claims due to misuse, neglect, operator error or accident, unsuitable or nonintended operation, standard machine adjustments such as thread tension balancing and hopper foot adjustments. Claims for skipping stitches or thread breakages are to be evaluated by the technician and may not qualify for warranty depending on findings. Limitations also apply for re-training operator on machine usage or standard adjustments. Freight and or travel expenses are excluded from warranty. Warranty is void if machine is fitted with an aftermarket/non-Gammill control installation including, but not limited to Intellistitch, Intelliquilter, Compuquiter etc. Warranty excludes consumable parts including, but not limited to all switches, bobbin case, rotary hook assembly, thread guides, springs, wheels, rubber o-rings and fuses. Further details available on warranty card included with purchase or gammill.com

Miller Weldmaster Equipment

Miller Weldmaster equipment is covered by a limited 12 month manufacture fault/defect parts and labour warranty. Exclusions apply for consumable parts including, but not limited to heat elements, hot wedge assemblies, relays, fuses, thermocouples and weld rollers. Freight, postage, transportation, insurance are all excluded from warranty, so to technician travel time and associated travel expenses are the responsibility of the purchaser and not included in the limited warranty. Warranty excludes claims as a result of misuse, accident, operator error, negligence or from non-standard or intended operations. The warranty does not include travel expenses or labour for operator re-training on general use or basic machine adjustments. Elizabeth Machines Co. makes no warranties, representations or guarantees with respect to the performance of SeamVision equipment in terms of its accuracy in identifying errors or defects and any specific rate or level of performance. SeamVision equipment will assist purchaser with seam integrity and inspection and should not be relied upon to detect all defects or errors. Furthermore, Elizabeth Machines Co. makes no guarantee whatsoever in respect to the performance of supplied thermal bonding tape as machine adjustments, settings, operator handling and materials all directly impact on the performance of this product.

Melco Embroidery Equipment

Melco Embroidery equipment is covered by a limited 12 month manufacture fault / defect parts and labour warranty. Exclusions apply for consumable parts including, but not limited to thread trimming knives, springs, thread guides, bobbin case, needle plate, rotary hook assembly, needle bar etc. Approved warranty service is carried our free of cost for equipment located within 50 klm. of Elizabeth Machines Co. office, for machines outside 50 klm, travel expenses and costs may apply and be the responsibility of the purchaser. Warranty does not include operator re-training on machine functions, general use or adjustments, nor does it cover thread tension balancing adjustments. Claims for skipped stitches and thread breakages require technician evaluation to determine if cause fits within or outside warranty conditions. Warranty excludes misuse, operator error, accident, negligence, improper operation and wear & tear.

StyleCAD & Associated Equipment

StyleCAD & associated equipment including plotters are covered by a limited 12 month manufacture fault/defect warranty. Exclusions apply for misuse, improper operation, accident, operator error, third party installations or non-authorised software or component additions and consumable parts.

General Service Visits & Labour

We warrant our technician service labour on general service for 10 business days for same fault claims. Exclusions apply for misuse, operator error, accident and improper operation. Furthermore, limitations apply with respect to materials, threads (if applicable) operation type and machine condition. Faults due to machine wear or where worn mechanisms contribute to the fault may not be covered. Limitations apply for general machine adjustments including, but not limited to thread tension settings, hot wedge adjustments and operator handling. Claims against skip stitching or thread breakages require evaluation from technician to determine if the clim site within or outside this limited 10 business day service warranty. Travel expenses, freight and associated expenses are excluded and the responsibility of the customer.

Eisenkolb Equipment

Eisenkolb products are covered by a limited 12 month manufacture fault/defect warranty. Exclusions apply for misuse, improper operation, accident, operator error, general or subsequent operator training and consumable parts including, but not limited to, knives, throat plates, loopers, bobbin case, hooks, switches and springs. Unless otherwise specified on quotation, travel expenses and charges will apply for warranty service outside 70 klm from Elizabeth Machines Co offices.

THE FOREGOING LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES AND NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY ELIZABETH MACHINES CO. IN CONNECTION WITH THE PRODUCT OR SERVICE. THE CUSTOMER ACKNOWLEDGES THAT GOODS OR SERVICES SUPPLIED PURSUANT TO THESE TERMS AND CONDITIONS ARE INDUSTRIAL / COMMERCIAL GOODS OR SERVICES AND NOT GOODS OR SERVICES USED FOR PERSONAL, DOMESTIC OR HOUSEHOLD PURPOSES. No employee, distributor, or representative is authorised to change these limited warranties in any way or grant any other warranty on behalf of Elizabeth Machines Co.

Returning of Goods

Spare parts, accessories and some limited equipment may be returned to Elizabeth Machines Co. for exchange, credit or refund (excluding items ordered under irrevocable order conditions or special / nonstandard stocked items ordered specifically on the purchasers request.) Returned goods must be in original condition and where reasonable, original packaging. Returned goods must be received by Elizabeth Machines Co. within 30 days of date of purchase and unless otherwise expressly agreed by Elizabeth Machines Co. the purchaser is responsible for all postage, freight, transportation and insurance costs for the return items. Elizabeth Machines Co. reserves the right to charge a 15% restocking fee, this fee is at the discretion of Elizabeth Machines Co. Management and is not applicable if the goods have been supplied in error or incorrectly by Elizabeth Machines Co.

Back Order Items

Whilst we diligently try to manage our inventory levels, from time to time, we may not be able to fulfill all items for a customer transaction. IN these circumstances a back order process may be adopted to supply stock to the customer at next available opportunity. The customer shall have right to notify Elizabeth Machines Co. representative of intention to cancel the specific item(s) from the order and in turn, cancel the back order process Where the customer proceeds with the back order process, Elizabeth Machines Co. will make reasonable efforts to deliver the items(s) in a timely manner within the quoted time frame, however make no guarantee of the performance of the delivery date estimate. Furthermore, the customer shall be responsible for all postage, freight or transportation costs of back ordered items unless otherwise stated on quotation or Tax Invoice. From time to time, customer back order items may fall under irrevocable order item conditions, please consult an Elizabeth Machines Co. representative for clarification.

Radio Frequency (RF/HF) Interference

Although Miller Weldmaster and other manufacturers Elizabeth Machines Co. may represent take steps to protect their equipment from problems/malfunctions that stray RF interference can cause, the purchaser will be responsible for any additional shielding that may be required to protect the equipment should RF interference present operational issues.

Relationship of Parties

Elizabeth Machines Co. and the purchaser are independent contracting parties and nothing within our sales agreement, quotation or transaction shall make either party an agent or legal representative of the other for any purpose whatsoever, nor does it grant either party the authority to assume or create any obligation on behalf or in the name of the other.

Remote Support

Elizabeth Machines Co. technicians will provide reasonable telephone or remote support to customers for fault diagnostic and service issues. If the specific fault or query is deemed to require direct intervention, a Service Manager will assist in booking a service technician to assist with resolution. Some of our product lines provide for telephone or remote technical support to be purchased at a nominated cost, our representatives will advise should charges be necessary for remote support.

In Dealer Warranty

“In Dealer” or “Back to Base” warranty refers to warranty service works to be conducted at Elizabeth Machines Co. branch/office location. The purchaser shall be responsible for all freight, transport, insurance and associated costs to return the goods to Elizabeth Machines Co. The purchaser shall be liable and responsible for any damage or loss to the goods whilst in transit. The purchaser may choose to engage Elizabeth Machines Co. technician to travel to purchasers site for warranty or service work and agrees to bare all reasonable travel time and expenses relating to the warranty or service visit.

Limitations of Liability

In no event shall Elizabeth Machines Co. be liable for any special, indirect, incidental, exemplary or consequential or punitive damages whatsoever, including, but not limited to, loss of business profits, even if Elizabeth Machines Co. is advised, or should have known of the possibility of such damage or loss. The liability of Elizabeth Machines Co. whether in contract, tort, under any warranty, or otherwise shall not extend beyond the limited warranties described herein.

Indemnification

The purchaser shall indemnify, defend and hold Elizabeth Machines Co. their respective officers, Directors, employees, representatives, agents and successors harmless against any and all losses, claims, damages, judgements, liabilities and expenses, including, but not limited to use of any component parts not supplied by Elizabeth Machines Co. transportation incidents, unauthorised service, infringement of any patent, trademark or copyright, any claims from a third party alteration or repair of the product or services not consistent with the intended design.

Distributors & Independent Dealers

From time to time, independent distributors may purchase goods and services from Elizabeth Machines Co. Distributors are independent contracting parties and the distributor is not an agent or legal representative of Elizabeth Machines Co. Elizabeth Machines Co. will provide the distributor with the limited spare parts warranty for the relevant product, but subject to exclusions for misuse, operator error, improper operation, accident, negligence etc. The distributor is responsible for providing delivery of service labour, travel and product warranty as they determine appropriate. Elizabeth Machines Co. shall not be responsible to provide the end purchaser free labour or service warranty for goods sold to / through an independent distributor.

Governing Law

The validity, performance and construction of the contract between Elizabeth Machines Co. and the purchaser shall be governed in all aspects by the laws of the State in which the supplying Elizabeth Machines Co. office/branch is located and the Commonwealth of Australia.

Force Majeure

Elizabeth Machines Co. shall not be liable for any delay or failure to fulfill any of its obligations resulting directly or indirectly from any Acts of God, acts of civil or military authority, civil commotion, wars, accidents, fires, explosions, floods, earthquakes, labour disputes, shortages of suitable parts or machines, or materials or labour or transportation or any similar or dissimilar cause affecting Elizabeth Machines Co. or its suppliers and beyond the reasonable control of Elizabeth Machines Co.

Acceptance

The Customer/Purchaser has read and understands these terms and conditions and hereby agrees that by entering into a purchase agreement, placing an order with to Elizabeth Machines Co. for goods or and/or services, or by applying for and being approved for a trading/credit account by Elizabeth Machines Co. the customer/ purchaser has accepted and will be bound by any and all of the terms and conditions herein. The purchaser also understands that any equipment supplied is considered industrial by design and not intended for general household or consumer use.