ORDER CONFRIMATION TERMS AND CONDITIONS OF TRADE
1. Validity
1.1 These terms of trade apply to the sale of the product and are deemed to be accepted by the customer upon the Company’s acceptance of this order through returning signed form or payment of deposit.
1.2 These terms of trade constitute the entire terms of trade between the parties to the exclusion of any others (except those which at law can not be excluded) and can only be varied by the parties in writing.
2. Quotations~ acceptance and variations
2.1 The customer acknowledges that the Company is not obliged to inquire as to the authority of the person placing the order on behalf of the customer and all orders placed by the customer with the Company will be deemed to have been authorised by, and made on behalf of, the customer.
2.2 An order will be deemed to be accepted by the Company upon written notification of acceptance by the Company to the customer. Once the Company has accepted the order the customer agrees to pay for the order in accordance with these terms and conditions of trade.
2.3 If quote is made in US$, the Company has no responsibility to fix in currency at any time for the conversion to A$ unless Customer discusses with Company and a rate agreed to and confirmed to in writing by the Company.
3. Prices and terms of payment
3.1 This order confirmation is not valid unless returned with the required deposit.
3.2 Payment for all products shall be made in accordance with the order confirmation. All invoices outstanding (or partially outstanding) after thirty (30) days shall bear interest at the rate of 15% per annum (calculated on a daily basis) until the invoice shall have been paid in full as well as all storage , additional freight and other costs.
3.3 The customer acknowledges that it is not entitled to claim any offset or counter claim against the Company in relation to any unpaid invoice.
4. Delivery of goods
4.1 The customer acknowledges that there are unforeseen delays beyond the Company’s control in delivering the goods.
4.2 The customer acknowledges that the Company will not be responsible for any loss or damage whatsoever caused by delay of products as a result of circumstances which are beyond the Company’s reasonable control.
4.3 The Company agrees to notify the customer if it anticipates a delay in delivery for any reason whatsoever and the customer shall be obliged to accept delayed delivery of products.
4.4 At point of collection or upon delivery the Customer will acknowledge that the product is in good and merchantable condition by completing and returning the “Delivery Report” to the Company.
4.5 The customer acknowledges that the Company is entitled to make an additional charge for any specific product delivery requirements of the customer.
5. Non-acceptance of goods
5.1 If the customer refuses to accept delivery of the goods the Company is not obliged to accept return of the goods.
5.2 If the Company does accept return of the goods the customer agrees that it shall remain liable for any loss thereby incurred by the Company which shall be treated as a debt due by the customer to the Company and the company shall be entitled to sell the goods and recover any deficiency from the customer.
5.3 The customer acknowledges that the deposit shall be forfeited if the goods are not collected in accordance with these terms.
6. Passing of risk
6.1 The customer acknowledges that the risk in the products passes to it upon full payment or delivery / collection, if full payment not received prior by the Company.
6.2 The Company shall not be liable for any accidental loss or damage to the goods in transit howsoever caused the customer unconditionally releases the Company from all and any claims in that regard.
6.3 The Customer acknowledges that neither the company nor the manufacturer shall be liable for any damage to the goods caused by salt.
6.4 The parties acknowledge that property in the products passes to the customer at the point of delivery of those goods to the customer.
6.5 The machinery is sold for use as intended by manufacturer only
6.6 The machinery is sold as a unit not registrerable for use on roads in Australia
7. Defects in goods
7.1 The company does not give any warranty as to the fitness or quality of the goods, except as may be expressly implied at law.
7.2 The customer acknowledges that the only warranty in relation to the goods is provided by the manufacturer. The customer agrees to complete the warranty card as soon as possible after delivery/collection of the goods which the company agrees to return to the manufacturer on behalf of the customer.
7.3 The customer specifically acknowledges that the Company does not give any warranty as to the fitness, adequacy or suitability of any product to perform a specific task or function which may be required by the customer (except those warranties as may not be excluded by law) and that in placing the order for the products the customer has relied upon its own skill, experience and judgement in all respects.
7.4 Despite any condition to the contrary – the customer acknowledges that any second hand goods are purchased in their current state of repair and condition in all respects, are not covered by any warranty, and the Company makes no representations as to fitness for use or otherwise.
7.5The Company agrees to reasonably assist the customer in relation to any claim which the customer sees fit to make on the manufacturer.
8. Jurisdiction
8.1 The parties unconditionally submit to the jurisdiction of the Courts of New South Wales.
8.2 Each party promises to the other that it will not commence proceedings in respect of any purported claim arising under, or in connection with these terms or the products until they have endeavoured to mutually resolve that dispute as between themselves or by reference to arbitration.