Terms & Conditions

1. Price

1.1 Prices quoted by the seller to the buyer will remain valid, subject to the following provisions of this clause, for a period of 30 days from the date of such quotation and thereafter will be liable to change at the seller ’s discretion.  Unless otherwise expressly stated by the seller in writing, prices quoted do not include the cost of transport, freight, insurances, duties, taxes, packing or crating, and other rates and charges (including bank charges) for which an extra charge will be made where the seller considers that such extra charge is appropriate.

1.2 All prices quoted are exclusive of goods and services and/or sales taxes.

1.3 Prices quoted are based on exchange rates, costs of labour, materials, transport, freight and insurances, indirect taxes and other costs, duties or expenses applying at the date of quotation.  Any variations in such rates, costs duties, taxes or expenses subsequent to such price quotation, and either before the placement of or during the execution of an order, will be charged in addition to the quoted price and will be properly charged to the buyer ’s account.

2. Reservation of Title

2.1 Risk in any equipment supplied by the seller to the buyer shall pass when such equipment is delivered to the buyer or to custody on the buyer ’s behalf, but the ownership of any equipment supplied by the seller to the buyer shall remain with the seller until payment in full is made for the equipment the subject of the contract, and for all other equipment supplied by the seller to the buyer.

2.2 The buyer shall be liable to the seller in respect of any loss or damage to the equipment during such bailment.

2.3 The buyer acknowledges that until payment has been made in full, that:

2.3.1 The buyer is in possession of the equipment as bailee for the seller.

2.3.2 The buyer shall store the equipment separately so that it is clearly identifiable as the property of the seller.

2.3.3 Any sale of the equipment by the buyer to a third party will be made by the buyer as agent for the seller and all sale proceeds will be held in trust for the seller as its property.

2.3.4 In the event that the buyer combines the equipment with, or adds to them with his own equipment or articles, the buyer does so on the condition that the resultant equipment is the property of the seller.

2.3.5 In the event that the buyer combines the equipment with, or adds to them with the equipment or articles of a third party, the buyer does so on the condition that the resultant equipment is deemed to be owned by the seller and the third party.

2.3.6 The seller reserves the right to enter the buyer ’ s premises for the purpose of repossessing any equipment not paid for in accordance with these general conditions of sale.

2.4 In the event that, contrary to these terms, the buyer disposes of, alters, destroys or otherwise deals with the equipment in a manner inconsistent with the seller ’s ownership whilst payment in full has not been made, the buyer shall account to the seller for the value of such equipment so dealt with and further, the seller will be entitled to trace the proceeds, if any, of such equipment dealt with in this manner.

3 Payment

3.1 Payment is to be made as provided in the seller ’ s quotation, and if there is no provision strictly 14 days from the date of invoice.

3.2 If payment is not made in full by that date then the seller shall be entitled to charge interest on money due but not paid, at a rate of 2% above the overdraft rate of the sellers bank from the date of default until the date payment is made in full.

4 Warranty

4.1 All equipment is covered by the manufacturers warranty that accompanies the equipment. The seller makes no independent or additional warranty AND does not warrant the performance, compatibility, merchantability and fitness for a particular purpose of any product.

4.2 Any manufacturer ’ s warranty must be strictly followed by the buyer.

5 Delay

5.1 Any time for delivery or completion of the contract or any part thereof by the seller, shall be approximate only and shall not be deemed to be the essence of the contract.

5.2 The seller shall not be liable for the failure to deliver or complete the contract or any delays in delivery or completing the contract where such failure or delay is occasioned by Act of God, fire, accident, war, strike, lock-out, shortage of labour, lack of skilled labour, breakdown of plant, non-delivery of raw materials, difficulty in procuring components or materials, delays by suppliers or sub-contractors, delays in transit, delays by the buyer, legislative governmental or other prohibitions or restrictions, or any other event of any kind whatsoever which is beyond the control of the seller, and the buyer shall have no right of cancellation of the contract but shall accept delivery of the equipment when the seller is reasonably able to deliver the equipment having regard to the seller ’s commitments to other customers.

6. Acceptance

6.1 An offer or quotation by the seller shall become binding upon the seller only upon receipt of an unconditional written acceptance in such form as the seller may require.

7. Seller ’ s Liability

7.1 The seller shall not be liable for special, incidental or consequential damages including loss of profit or opportunity. Subject to the seller ’s rights pursuant to clause

7.2 of these Terms the seller ’s maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not exceeding the purchase price of the goods.

7.2 Subject to the applicable legislation from time to time, the seller ’s liability for any breach will be limited at its sole discretion to any of the following

7.2.1. Replacement of the equipment or any part thereof.

7.2.2. Supply of equivalent equipment or any part thereof.

7.2.3. Repair of the equipment or any part thereof.

7.2.4. Payment of the cost of replacing the equipment or acquiring equivalent equipment or any part thereof.

7.2.5. The payment of the cost of having the equipment or any part thereof repaired.

7.2.6. Refund of the equipment upon return.

8. Rejection

8.1 Except for defective equipment supplied by the seller, equipment returned for credit will only be accepted on the following conditions:

8.1.1. Equipment returned must not be obsolete, incomplete, damaged or otherwise imperfect.

8.1.2. The amount of credit allowed in respect of equipment returned, if any, will be subject to a service charge at the seller ’ s rate currently in effect, unless the agreement specifies otherwise.

8.1.3. Equipment cannot be rejected unless damaged or incorrectly supplied. Equipment especially produced or procured to the buyers order cannot be rejected as being unsuitable or because they are no longer required by the buyer.

8.1.4. No responsibility is accepted by the seller for equipment lost or damaged in transit during return to the seller.

8.1.5. The seller reserves the right to charge a fee equating to 20% of the purchase price of the equipment as a re-handling fee.

8.1.6. Any damage on deliveries must be notified to the seller within 48 hours. No claims for damage will be entertained after this time, or if a delivery docket has been signed stating that the product was received in good condition.

9. Default

9.1 The buyer is in default of this contract if:

9.1.1. The buyer is in breach of any of the terms and conditions of the contract between the buyer and seller, and in the case of any default which may be remedied, fails to remedy the same within 7 days of receiving notice of specifying the default; or

9.1.2. The buyer shall have any execution levied against it or becomes bankrupt or insolvent or commits any act of bankruptcy or enters or intends to enter into any composition or arrangement with its creditors or (in the case of a company) does any acts which would render it liable to be wound up or have a receiver appointed over its property or if it shall have a winding up order made against it or pass or attempt to pass a resolution for winding up or be a party to the appointment of or have a manager or receiver appointed of the whole or any part of its property or undertaking then, without prejudice to any other remedy available to the seller (a) the seller by written notice may forthwith suspend or terminate the contract without prejudice to any other right or remedy it has at law or equity; and whether or not such notice is given, payment for all equipment produced by the seller whether delivered or not and any other moneys payable by the buyer shall immediately become due; and (b) the seller may enter upon the premises where any delivered equipment is situated and take possession of and remove the same without being responsible for any damage thereby cause and may resell the same and apply the proceeds in or towards payment of the purchase price. All costs and expenses incurred by the seller as a result of any such action shall be payable by the buyer on demand. 9.2 Any suspension of the contract by the seller shall not prevent it terminating the contract during the period of suspension.

10. Cancellation

11.1 Cancellation of any order by the buyer will only be effective if accepted by the seller in writing and in such event shall be on the condition that the buyer shall pay the seller a restocking fee equal to 20% of the price of goods.

11. Governing Law

11.1 The validity and interpretation of these conditions of sale and of the rights of the parties both pursuant to these conditions of sale and otherwise shall be governed by the laws of New South Wales and the parties submit to the non exclusive jurisdiction of that State.

 12. Conflict

 12.1 If there is any conflict between these Terms and Conditions and the Quotation the terms of the Quotation shall prevail.