Terms & Conditions of Purchase
When dealing with NATEX you do so in acceptance of our Terms & Conditions. Please contact us if any clarification is sought. For a downloadable version of our Terms & Conditions, please click here.
1. Supply of goods and services
NATEX Pty Ltd ABN 38 169 697 474 / ACN 169 697 474 (“NATEX”, “NATEX Measurement Solutions”) agrees with the party to whom NATEX supplies, or agrees to supply, Goods (“Customer”), that unless expressly amended in writing by NATEX, the Goods and/or Services are only supplied by NATEX on these Terms and Conditions of Purchase and in respect of each order of Goods and/or Services from the Customer accepted by NATEX includes the order confirmation and invoice issued by NATEX in respect of the relevant order (collectively, the “Contract”) and that the Contract shall supersede all other conditions and agreements between the parties notwithstanding anything that may be implied or expressed to the contrary on the Customer’s inquiries, order form or other document submitted by the Customer.
Upon receipt by the Customer of these Terms and Conditions, any conduct by the Customer which confirms this transaction including the giving of any purchase order, delivery instructions, or email, shall be deemed to constitute acceptance by the Customer of the Contract. The terms and conditions of the Contract shall without further notice apply to all future transactions between NATEX and the Customer whether or not the Contract is delivered or executed in the course of such transactions.
For the purposes of the Contract, “Goods” means all goods and/or services supplied or agreed to be supplied from time to time by NATEX to the Customer and includes all of the Goods and/or services detailed in the invoices issued from time to time by NATEX to the Customer.
2. Quotation and specifications
(a) A quotation or estimate by NATEX does not constitute an offer and will remain valid for 30 business days from the date of the quotation unless otherwise stated on the quotation, after which, it is subject to alteration or withdrawal without further notice.
(b) NATEX has a policy of continuous improvement to its products and reserves the right to alter the specifications, design or, to discontinue any items without prior notice. Notwithstanding, all illustrations, descriptions and specifications are by way of example only and are not necessarily applicable to the goods and/or services being offered including the Goods.
(c) Any NATEX non-standard or non-catalogued Goods manufactured to a Customer specification may have their quantity supplied altered within +/- 10% of the quantity ordered by the Customer. Such variances may occur due to batch manufacture of such non-standard Goods and the Customer agrees to accept such variances.
(a) Any price lists or price indications are subject to alteration at any time. Unless otherwise stated on the attached invoice by NATEX, all prices are “EXW – NATEX’s warehouse”, Incoterms® 2010, in Australian currency (unless otherwise agreed with the Customer) and exclude the costs of delivery, installation and taxes.
(b) NATEX shall be entitled to charge and to recover from the Customer all Goods and Services Tax (“GST”) payable in respect of the supply by NATEX of Goods unless the Customer first provides in writing all details as may be required by NATEX of any valid GST exemption certificate. For the purposes of the Contract:-
(i) Unless otherwise stated, all amounts payable under the Contract are expressed to be exclusive of GST. If the GST is payable on a Taxable Supply, the amount payable will be the amount expressed in the Contract plus GST;
(ii) The Customer will not be required to pay any amount to NATEX (as the supplier) in respect of GST unless the Customer has received a Tax Invoice from NATEX;
(iii) Each party warrants to the other party that it is registered for GST purposes; and
(iv) For the purposes of this paragraph 3(b), the terms “GST”, “Taxable Supply”, and “Tax Invoice” have the meanings given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth), or, if that Act does not exist means any Act imposing or relating to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act.
(c) For any order less than A$100, NATEX reserves the right to charge the Customer a handling charge.
(d) NATEX reserves the right to charge price(s) ruling as at the date of delivery.
Unless otherwise stated on the invoice by NATEX, payment is to be made net thirty (30) days from the date of invoice without deduction except international sales which must be made at NATEX option by telegraphic transfer at the time of placing the order to the account nominated by NATEX or, by confirmed irrevocable letter of credit against documentation prior to delivery at the bank directed by NATEX. No discount is allowed, and interest will be charged on all overdue accounts at the rate of 18% per annum calculated daily. At any time prior to delivery of the Goods, NATEX reserves the right to require the Customer to pay such part or whole of the contract price as NATEX considers appropriate.
Orders may not be cancelled by the Customer except with the prior written consent of NATEX and then only on such terms as NATEX may require. NATEX reserves the right to charge the Customer a cancellation charge of 25% of the contract price or such amount NATEX calculates will indemnify it against the damage suffered (including lost profit) as a result of cancellation.
(a) The costs of freight, delivery, unloading and installation of the Goods on their arrival at the agreed place of destination shall be borne by the Customer and the Customer shall reimburse NATEX for all such costs which it incurs on the Customer’s behalf. Notwithstanding, any Goods which require special packing will be charged to the Customer’s account at cost and will not be returnable for credit.
(b) While NATEX will use its best endeavours to deliver by the delivery date mentioned in any document, such date shall be indicative only and will not give rise to any legal obligation to supply on that date. NATEX reserves the right to deliver using any mode of transport and/or by instalments. Each instalment shall be deemed to be sold under a separate contract, provided always however that NATEX may suspend delivery whilst payment is overdue in respect of any previous instalments.
(c) The Customer is deemed to accept delivery of the Goods when the Goods are placed at the Customer’s disposal at the agreed place of destination, namely, when the Goods are available for collection at NATEX’s warehouse if sold “EXW – NATEX’s warehouse” Incoterms® 2010, notwithstanding that delivery of the Goods may be staggered or that the Customer may not have signed a receipt for the Goods.
(d) If the Customer is unable or fails to accept delivery of the Goods, NATEX may deliver the Goods to a place of storage nominated by the Customer and failing such nomination to a place nominated by NATEX and the Customer shall be liable for all costs incurred by NATEX in transporting the Goods to, and storage at, such nominated place. Such delivery shall, for the purposes of paragraph 6(c) of these terms, be deemed to be delivered.
7. Claims and returns
(a) Upon delivery of the Goods or any part thereof, the Customer will inspect the Goods and within Seven (7) days of delivery give NATEX notice in writing of any claim against NATEX. If no such notice is received by NATEX within the said period the Goods shall be deemed to be in all respects in accordance with the order and the Customer shall be bound to accept and pay for the same accordingly and, subject to paragraph 10 of these terms, the Customer shall have no claims against NATEX.
(b) The return of Goods in accordance with paragraph 7(a) of these terms will not be accepted by NATEX unless prior authorisation has been given to the Customer by NATEX and, the Goods are returned in the manner directed by NATEX at the Customer’s cost. At NATEX’s option, any Goods shown to NATEX’s satisfaction to be defective may be replaced, repaired or refunded.
(c) The failure of any delivery or the rejection by the Customer of any Goods delivered or part thereof shall not vitiate or affect this Contract regarding the balance of the Goods to be delivered, and payment thereof.
(d) Other than as set out in this paragraph 7 of these terms, no Goods may be returned to NATEX without its prior written approval and then only on such terms as NATEX may require. Notwithstanding, NATEX reserves the right to charge the Customer a cancellation charge of 25% of the contract price or such amount NATEX calculates will indemnify it against the damage suffered (including lost profit) as a result of accepting that return.
NATEX is not liable for failure or delay in performance caused wholly or partially by unavailability of freight or shipping space, failure of manufacturer/supplier to supply whole or part of the Goods to NATEX, prohibitions or restrictions under any law or by any government or authority, inability to obtain any necessary export licence or import licence, or any act of force majeure including, but without limitation, any act of war, fire, explosion, accident, breakdown of machinery, rioting, civil or industrial disturbances, strikes or lockouts, shortage of labour, or due to any other circumstances, whether of a similar nature or beyond the control of the NATEX. In the event of any such failure or delay, NATEX may at its discretion terminate whole or any part of any order or postpone its performance.
9. Risk and title
Until payment in full of all amounts owing by the Customer to NATEX on any account whatsoever:
(a) the title in the Goods shall not pass to the Customer and the Customer shall keep the Goods as bailee for NATEX. The Goods shall nevertheless be at the risk of the Customer from the time of delivery, and the Customer shall keep the Goods fully insured for their full replacement value. The Customer shall indemnify NATEX against all loss or damage to the Goods whatsoever occurring after delivery;
(b) the Customer must store the Goods so as to clearly identify them as the property of NATEX, and ensure that the Customer is not, nor is deemed to be, a reputed owner of the Goods;
(c) the Customer irrevocably authorises NATEX or its servants or agents to enter the Customer’s premises and recover and dispose of the Goods and the Customer will not make any claim against NATEX in respect of such entry or disposal. The Customer also appoints NATEX as its attorney to do all such acts and things as are necessary to enable NATEX to recover and dispose of the Goods; and
(d) the Customer shall hold the Goods in a fiduciary capacity and may only sell the Goods in the ordinary course of business as agent for NATEX. Furthermore, the Customer must hold the proceeds of any such sale in a fiduciary capacity for, and to the account of, NATEX, and the Customer must take all steps necessary to keep such proceeds separate from other monies and pay over such proceeds to NATEX to the extent necessary to discharge in full the Customers indebtedness to NATEX.
(a) All parts manufactured and supplied by NATEX carry (unless otherwise stated on the attached invoice) a guarantee against defects in materials for a period of three (3) months from the date of delivery (“Guarantee Period”) subject always to the other provisions of this paragraph 10, fair wear and tear excepted and provided always that the Goods have not been mistreated, unattended, interfered with or used with accessories of any kind not manufactured or approved by NATEX. Any goods and/or services not manufactured but supplied by NATEX shall be subject to the warranty, if any, offered by their manufacturer(s) and such goods and/or services shall be excluded from the warranty offered by NATEX in this paragraph 10. Any goods and/or services manufactured and supplied by NATEX and shown to its satisfaction to be defective by reason of faulty materials or workmanship may, at NATEX’s option, be replaced, repaired or refunded in accordance with this paragraph 10. In order to qualify for this guarantee, a claim must be made in writing to and received by NATEX within the Guarantee Period and the goods and/or services the subject of the claim, must be returned at the Customer’s cost in the manner directed by NATEX failing which, this guarantee shall not apply and NATEX shall be discharged from all liability under this paragraph 10.
(b) Any advice, recommendations, information assistance or service provided by NATEX in relation to the Goods or their use will be given in good faith. NATEX only undertakes that the Goods sold pursuant to this Contract will correspond to the description (if any) in the latest issue of the manufacturer’s/supplier’s applicable label or data sheet relating to that class of goods and/or services and that the Customer will be given a good legal title. All warranties, conditions, liabilities (including negligence) or representations in relation to, inter alia, the quality or fitness of the Goods, their compliance with description, or their use or application (other than any being or giving rise to non-excludable rights under any laws of Australia or the States or Territories thereof) which might but for this paragraph 10(b) be implied herein by law or otherwise are hereby expressly negatived and excluded. NATEX’s liability to the Customer for breach of any such non-excludable rights or pursuant to any express warranty of this Contract, will be limited, insofar as the same may legally be done, at NATEX ‘s option to: refunding the price of the Goods in respect of which the breach occurred, or the repair or replacement of those Goods; or in relation to the provision of advice or services by NATEX, refunding the price of such advice or services in respect of which the breach occurred, or the provision of such advice or services again.
(c) Notwithstanding any other provision of the Contract, NATEX will not be liable for any special, indirect, incidental or consequential loss or damages (including any loss of profits) whether arising from negligence, breach of contract, statute or otherwise in connection with or arising out of or in any way related to the Goods, or the provision by NATEX, of advice or services as the case may be, pursuant to the Contract. In any event, the total liability of NATEX under this Contract shall be limited to the total amount paid by the Customer under the Contract.
11. Insolvency and termination
If the Customer fails to comply with any of the terms of the Contract or fails to make payment for Goods as and when they fall due; or if the Customer shall become bankrupt or commit any act of bankruptcy; or if the Customer (being a company) goes into liquidation or provisional liquidation, has a receiver or administrator appointed; or if in the opinion of NATEX the Customer is no longer able to meet its debts as and when they fall due, NATEX may at its discretion suspend or postpone any delivery without being liable for any loss or damage suffered by the Customer in that regard, or terminate the Contract by notice in writing to the Customer.
Upon termination, NATEX shall be entitled to recover all costs incurred by it including, without limitation, payment for all deliveries already made and the cost of materials already obtained or ordered for the purpose of future deliveries (whether or not such materials have been incorporated into the Goods being purchased by Customer). Termination pursuant to this paragraph 11 shall not affect any other rights or remedies which NATEX may have.
12. Pallets and/or containers
(a) Any pallets or containers owned by NATEX and used for the delivery of Goods remain the sole property of NATEX and are to be returned in good order and condition to NATEX or any of its agents upon its request as directed and at the Customer’s expense.
(b) In the event that pallets or containers in which Goods are delivered are not owned by NATEX (“Hire Equipment”), the Customer will return the Hire Equipment to NATEX in good order and condition and at the Customer’s expense within 1 month of delivery and the Customer shall indemnify NATEX for all liability, costs and damages however caused relating to that Hire Equipment.
(c) Any pallets or containers not returned in accordance with the above sub-paragraphs 12(a) and 12(b), may at the election of NATEX, be deemed to be purchased by the Customer and shall then be promptly paid for in full by the Customer at a value determined by NATEX.
13. Aircraft and other uses
(a) The Customer must notify NATEX if the Goods are for use in aircraft and such special conditions, as then notified by NATEX, will apply to the sale of such Goods.
(b) Notwithstanding, Customers are responsible for obtaining at their expense, any licences, permits or authorisations required under any regulations in force within the country of export and, destination of the Goods. NATEX reserves the right to refuse to supply or cancel this Contract at any time in whole or in part if it considers that the Customer has not provided satisfactory evidence of any such applicable licences, permits or authorisations.
Any services provided to the Customer are subject to a charge by NATEX and may at NATEX’s option be subject to a separate agreement. NATEX reserves the right at any time to refuse to perform any services requested by the Customer.
15. Intellectual property
Goods offered for sale by NATEX may be the subject of patents, registered designs, trademarks, copyright or other proprietary and legal protection and the Customer will immediately notify NATEX of any suspected infringement of such rights. To the best of NATEX’s knowledge, goods and/or services sold do not infringe any patent, trademark, registered design or copyright of any third party.
(a) The Customer acknowledges and agrees:
(i) that the transactions contemplated by the Contract may give rise to a Security Interest in the Goods as Collateral under and for the purposes of the PPSA;
(ii) that NATEX may Register NATEX’s Security Interest on the PPS Register and the Customer consents to such registration;
(iii) that NATEX may Register NATEX’s Security Interest prior to the Attachment of NATEX’s Security Interest to the Goods;
(iv) that the Goods are not Consumer Property;
(v) that NATEX may from time to time, whether before or after the transactions contemplated herein, grant security interests (whether by mortgage, charge or otherwise) over its rights under the Contract.
(b) The Customer must execute documents and do such further acts as may be required by NATEX to Register the Security Interest granted to NATEX under the Contract under the PPSA.
(c) Without limiting the generality of condition 16(b) of these terms and conditions, if NATEX determines that the PPSA applies, or will in the future apply, to a Contract or the supply by it of any Goods, then the Customer must promptly upon request from NATEX:
(i) do anything (including obtaining consents, making amendments to the relevant Contract or executing a new Contract) for the purposes of:
(A) ensuring that any Security Interest created under, or provided for by, the relevant Contract:
1. attaches to the Collateral that is intended to be covered by that Security Interest;
2. is enforceable, perfected, maintained and otherwise effective; and
3. any Security Interest created under, or provided for by, the relevant Contract has the priority contemplated by that Contract; or
(B) enabling NATEX on and from the Registration Commencement Time (within the meaning of the PPSA), to prepare and register a financing statement or financing change statement; or
(C) enabling NATEX to exercise any of its powers in connection with any Security Interest created under, or provided by, the relevant Contract; and
(ii) do everything including signing all documents and giving all consents to enable NATEX to cure any defect in Registration of NATEX’s Security Interest and the Customer hereby irrevocably appoints NATEX as the Customer’s attorney for this purpose.
(d) Until ownership of the Goods passes, the Customer waives the Customer’s rights under the following provisions of Part 4 of the PPSA:
(i) to receive a notice of intention of removal of an accession (section 95);
(ii) to receive a notice that NATEX decides to enforce NATEX’s Security Interest in accordance with land law (section 118);
(iii) to receive a notice of enforcement action against liquid assets (section 121(4));
(iv) to receive a notice of disposal of goods and/or services by NATEX purchasing the Goods (section 129);
(v) to receive a notice to dispose of Goods (section 130);
(vi) to receive a statement of account following disposal of Goods (section 132(2));
(vii) to receive a statement of account if no disposal of Goods for each 6 month period (section 132(4));
(viii) to receive notice of any proposal of NATEX to retain Goods (section 135);
(ix) to object to any proposal of NATEX to either retain or dispose of Goods (section 137);
(x) to redeem the Goods (section 142);
(xi) to reinstate the security agreement (section 143);
(xii) to receive a notice of any verification statement (sections 157(1) and 157(3)).
(e) The Customer further agrees that where NATEX has rights in addition to those under Part 4 of the PPSA, those rights will continue to apply.
(f) Until ownership of the Goods passes, the Customer must not give to NATEX a written demand or allow any other person to give NATEX a written demand requiring NATEX to register a financing change statement under the PPSA or enter into or allow any other person to enter into the PPS Register a financing change statement under the PPSA.
(g) The Customer must forthwith upon receiving a request for information in relation to NATEX’s Security Interest and otherwise as contemplated by section 275 of the PPSA, and within a reasonable time prior to responding to the request, notify NATEX of any such request and provide full details of the request and/or a copy of it.
(h) The Customer acknowledges that it has a duty of confidentiality to NATEX by reason of the matters contemplated in the Contract and the protection of NATEX’s goodwill inherent in the transactions contemplated in the Contract. Subject to the PPSA, each of NATEX and the Customer agree not to disclose any information of the kind referred to in section 275(1) of the PPSA that is not publicly available.
(i) The Customer must assist and provide all necessary consents and sign all necessary documents and do all necessary things to assist NATEX in applying to a Court for an order exempting NATEX from responding to the request or extending the time for responding to the request under section 278 of the PPSA.
(j) Anything that is required by NATEX to be done under this paragraph 16 shall be done by the Customer at its own expense. The Customer agrees to reimburse the costs of NATEX in connection with any action taken by NATEX under or in connection with this paragraph 16.
(k) Without limiting any other indemnity in favour of NATEX provided herein, the Customer hereby indemnifies NATEX from and against any costs, damages, loss or liability of any kind (including legal costs on a full indemnity basis and disbursements in defending or settling the claim) however suffered or incurred by NATEX (“Liability”) as a consequence of any breach of the Contract (including these terms and conditions) by the Customer. This indemnity extends to any Liability incurred by NATEX:
(i) arising out of or in connection with an Amendment Demand or Amendment Notice or any other legal action in relation to NATEX’s Security Interest found by a Court not to be authorised under section 178 of the PPSA; and
(ii) whether such a Liability arises out of statute, tort (including negligence), contract or otherwise.
(l) The Customer acknowledges that it has received value as at the date of first delivery of the Goods and has not agreed to postpone the time for Attachment of NATEX’s Security Interest.
(m) The Customer irrevocably grants to NATEX the right to enter upon the Customer’s property or premises, without notice, and without being in any way liable to the Customer or to any third party, if NATEX has cause to exercise any of its rights under sections 123 or 128 of the PPSA, and the Customer must indemnify NATEX from any claims made by any third party as a result of such exercise.
(n) In these terms and conditions and for the purposes of the Contract the following words and phrases have the meanings specified unless the context indicates otherwise:
(i) “Amendment Demand” has the meaning given in section 178 of the PPSA;
(ii) “Amendment Notice” has the meaning given in section 180 of the PPSA;
(iii) “Attaches” has the meaning given in section 19 of the PPSA, and “Attached” and “Attachment” have corresponding meanings;
(iv) “Collateral” has the meaning given in section 10 of the PPSA and refers to the Goods;
(v) “Consumer Property” has the meaning given in section 10 of the PPSA;
(vi) PPSA means the Personal Property Securities Act 2009 (Cth) (as amended from time to time) and any regulations made pursuant to the PPSA;
(vii) “PPS Register” means the Personal Property Securities Register established under section 147 of the PPSA;
(viii) “Register” means to register a Security Interest on the PPS Register and “Registration” has a corresponding meaning; and in relation to an asset or person located outside Australia, Registration or other action having a corresponding effect;
(ix) “Security Interest” has the meaning given in section 12 of the PPSA;
(x) “NATEX’s Security Interest” means the Security Interest in the Goods contemplated by the Contract and granted to NATEX.
17. Further provisions
(a) The Customer must not without NATEX’s prior written approval, assign or transfer or purport to assign or transfer this Contract or the benefit thereof to any other person whatsoever.
(b) No indulgence or forbearance extended to the Customer shall limit or prejudice any other right of claim to NATEX.
(c) The supply of Goods by NATEX shall not confer any right upon the Customer to use any NATEX trademark or trade name without NATEX’s prior written consent and at all times such marks or names remain the property of NATEX.
(d) If any provision or part of a provision of the Contract should be held unenforceable or in conflict with the law of any relevant jurisdiction, any part so held unenforceable or invalid shall be read down to the minimum extent necessary to render it enforceable and valid, and if incapable of being read down it shall be severed from the remainder of the Contract which shall not be effected by such severance.
(e) This contract shall be governed by the laws of the State of Western Australia, Australia and the parties hereby submit to the non-exclusive jurisdiction of the Courts and tribunals of the said State.
(f) The rights and obligations of the parties under this Contract shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods (1980).
18. Quality of measurements
(a) The Customer accepts and agrees that Goods subject to calibration, testing, service and/or examination may have occurred in a controlled environment and measurements taken at the time of test should not be taken as an indication of the future safety, stability or reliability of the Goods. NATEX recommends the Customer always seeks multiple independent examinations and/or calibrations of the Goods with various service providers prior to use and at appropriate intervals in order to improve Customer confidence.
(b) Should the Customer choose to use the Goods, certificates supplied with the Goods and/or any measurements contained therein, it does so at its own risk and indemnifies NATEX from all harm that NATEX may suffer as a result of any claim by the Customer or a third party involving the Customer’s use of those things. No warranties, such as fitness for a particular purpose, are expressed or implied.
(c) NATEX excludes all liability to the extent permissible by law and shall not accept responsibility for any measurements produced or inferred by the Instrument upon use by the Customer or a third party. NATEX is not liable for any special, indirect, incidental or consequential damages or losses, arising from any cause or theory. NATEX always recommends the Customer seeks multiple independent services, examinations and/or calibrations of the Goods with various service providers prior to use and at appropriate intervals to improve Customer confidence.
(d) NATEX will not accept any liability in the event of any calibration or measurement changes that occur after installation or use of the Goods, also;
(i) any Report or document submitted to the Customer was prepared without taking account the Customers objectives, location, environmental situation or needs. Due to this fact, the Customer agrees that, before it acts on any information, it shall consider its appropriateness, having regard to these matters; and accepts
a. any Report or document released to the Customer makes no claims of compliance or non-compliance and does not constitute any recommendation or advice; and
b. the Customer shall obtain independent professional advice and seek independent service, examination and/or calibration of the Goods prior to use by any person and at appropriate intervals in order to ensure the unit is fit for purpose regardless of any Report or documentation released to the Customer by NATEX or third-party Report issued via NATEX; and
c. the Customer accepts and agrees that any measurements, data or results contained within any Report or document issued by NATEX or issued by a third-party via NATEX applies only to the Goods identified in that Report and was valid only at that specific place due to varying electromagnetic and gravitational constants and on the date of examination under those specific environmental conditions. Therefore, any measurements or results found on any Report is to be considered void when the Goods are released to the Customer; and
d. the results of any service, examination, calibration and/or testing found in any Report is not to be used for product or service endorsement, legal metrology or trade measurements; and
e. any recommended calibration interval found in any Report or document are suggestions only and it is the Customers responsibility to ensure that they abide by any relevant legislation, regulation, standard, manufacturers specification, code of practice ensuring the Instrument is fit for purpose; and
f. any measurements or results found in any Report or document issued by NATEX or by a third-party via NATEX are considered void when released to the Customer or a third-party; and
g. any Reports released to the Customer shall not be reproduced, except in full, unless written permission for an approved extract is obtained from NATEX; and
h. the Customer agrees that it will comply with the National Measurement Act 1960, the National Measurement Regulations 1999, the National Measurement Guidelines 1999 and the National Trade Measurement Regulations and any other applicable legislation or regulation if applicable.
(e) The Customer accepts and agrees that any Report or document with measurements or information reported therein may or may not have been established using measurement standards either traceable to, or produced results through:
(i) the International System of Units (SI) through the National Measurement Institute (NMI); or
(ii) ratiometric techniques; or
(iii) consensus standards; or
(iv) natural physical constants; or
(v) self-test and/or self-calibration techniques (these may be techniques or procedures derived from the manufacturer specifications or on other documents or through visual examination) ; or
(vi) third-party testing facilities (third-party testing facilities may be used to provide Services to the Customer, and NATEX takes no responsibility for the validity, accuracy, stability, reliability or safety of any Reports, Instruments, Goods or Services used by the Customer); or
(vii) by any other means.
These Terms and Conditions along with a relevant Purchase Order forms a valid and legally binding Contract between NATEX and the Customer. If the Customer chooses to raise a Purchase Order with NATEX for the provision of any Goods then the Customer accepts that this Contract supersedes any previous Terms and Conditions and is proven true on the balance of probabilities. If the Customer does not agree with these Terms and Conditions or any part herein, then it must not engage NATEX for the provision of any Goods.
Any clause of this agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this agreement.