1. General
Any order placed by a purchaser is deemed to be an order, incorporating these terms and conditions. These terms
and conditions shall prevail over any inconsistent terms or conditions, which may be introduced in the purchaser's
order or acceptance unless otherwise expressly agreed by the Company in writing.
2. Prices
Unless otherwise expressly agreed by the Company in writing all goods will be charged for at the prices ruling at the
date or dates of delivery. GST will apply to all purchases in accordance with current taxation legislation.
3. Terms of Payment
3.1 Unless otherwise agreed in writing by the Company:
(a) All prices are strictly net;
3.2 The Company reserves the right to vary the terms and
4. Currency
All payments must be made in Australian Dollars.
5. Claims
5.1 Any claim by the purchaser for short or wrongful delivery of the goods must be notified to the Company in writing
within 15 days after delivery of the goods to the purchaser and any claim which the purchaser does not notify within
that time (time being of the essence) shall be deemed to have been absolutely waived. Any complaints must be
accompanied by a return of the goods and a packing reference.
5.2 If any dispute arises about the quality, quantity, quality of condition of the goods supplied by the Company to the
purchaser, the purchaser must make due and full payment for the goods supplied and will not be entitled to deduct
moneys by way of set off or otherwise without prior permission from the seller.
6. Description
Any description of the goods is given by way of indication only and the use of such description shall not constitute the
contract a sale by description.
7. Implied Terms
All conditions and warranties expressed or implied by where the common law equity made custom or usage or
otherwise however are expressly excluded to the maximum extent permitted by law. Where so permitted the liability
of the Company for a breach of condition or warranty that cannot be excluded is limited at the Company's option to the
replacement of the goods or the supply or equivalent goods or at the cost of replacing the goods or of acquiring
equivalent goods.
8. Indirect Loss
So far the law permits the Company shall not be liable in way whatsoever for any indirect or consequential loss or loss
of profit including in particular but not limited to any loss by reason of delay, negligence or any act, matter or thing
done or committed to be done by the Company.
9. Delivery
Unless otherwise expressly agreed by the Company in writing the goods will be delivered ex-works anytime quoted for
delivery is an estimate only and the Company shall not be liable in any way whatsoever for or in respect of any loss of
damage whatsoever arising out of or in connection with any failure to deliver or delay in delivery arising from any
circumstances of whatsoever including but not limited to fire flood explosion strike lock-out or other industrial act or
dispute or the break-down of or accident to plant unavailability or shortage of raw materials labour power supplies or
transport facilities or failure or inability to obtain licenses or act of God or any order of direction of my local State or
Federal Government authority or instrumentally. If the Company determines that is or may be unable to deliver within
a reasonable time the Company may cancel the contract. In the event of cancellation the purchaser shall have no
claim against the Company for any damage loss cost or expense whatsoever. The purchaser shall be relieved of any
obligation to accept or pay for goods by reason of any delay in delivery.
10. Risk
The risk of loss or of damage to the goods shall pass to the purchaser on delivery.
11. Property
11.1 Property in the goods shall not pass from the Company to the purchaser until the purchaser has paid for the goods in
full.
12. Performance and Representations
The purchaser acknowledges that neither the Company nor any person purporting to act on its behalf has made any
representation or given any promise or undertaking which is not expressly set out in writing whether as to the fitness
of the goods for any particular purpose or any other matter.
14. Waiver
Failure by the Company to insist upon strict performance of any term warranty or condition of the contract shall not be
deemed a waiver thereof, or any rights the Company may have and no express waiver shall be deemed a waiver of
any subsequent breach of any term warranty or condition.
16. Intellectual Property
The purchase warrants that any design or instruction furnished to the Company shall not be such as will cause the
Company to infringe any patent registered trade mark brand name or copyright in the execution of the purchaser's
order and the purchaser agrees to indemnify the Company against any infringement or unauthorised use of patents
trade marks branch names designs or copyright arising out of the manufacture or use of the goods and it is
specifically agreed that the sale and purchase of the goods does not confer on the purchaser any license or rights
under any patent trade mark or copyright which is the property of the Company.
17. Subcontracting
The Company reserves the right to sub-contract the production manufacture or supply of the whole or any part of the
goods or of any materials or services to be supplied.
18. Notices
Any notice to be given by the purchaser to the Company shall be sent prepaid mail to the Company's address. No
notices shall be deemed to have been given until it is actually received at such address.
19. Governing Law
Contracts shall be governed by and construed in accordance with the laws of the State in which the goods are
invoiced by the Company.
