| General Conditions of Sale |
QUOTATIONS
1. Quotations are subject to confirmation on receipt of your order.
ORDERS
2. An order once accepted by us may not be cancelled or altered except upon terms and conditions satisfactory to us (which, in the case of cancellations, may include payment of a cancellation fee, which includes all expenses incurred by way of labour, materials, services, overhead expenses, fees, duties, taxes and loss of profit).
3. An order placed by the purchaser shall, when accepted by us, give rise to a binding contract which shall include all the terms and conditions set out herein and no variation of the terms of that contract shall be binding upon us unless in writing and signed by an authorised officer of our Company.
DELIVERY
4. Delivery times are quoted in good faith and as accurately as we are able to estimate but are not guaranteed.
5. The period quoted for delivery and completion commences after the receipt by us of all particulars, specifications, drawings, technical data, approvals or information affecting the execution of the order.
6. Delivery times quoted are subject to adjustment due to prior sale of equipment before receipt of order.
7. With regard to items quoted which are not of our manufacture, the times quoted are based on the manufacturers promised delivery to us, or upon our estimate of delivery time.
8. We will not accept liability for penalties, or damages (either director indirect) for failure to delivery within the time, or by the dates quoted, unless expressly agreed. Notwithstanding the fact that we do so agree, in no event will we be liable for any delay or failure in delivery if such delay or failure is caused by any act, matter or thing beyond our control.
9. If the purchaser requests us to postpone delivery of any item and such request is accepted by us, or if the purchaser delays in accepting or fails to accept any item, then:-
- The purchaser shall pay to and indemnify us from and against all costs, charges and expenses of dismantling, sorting, preserving, transporting and insuring that item and of any cranage, and the risk of any loss of or damage to that item shall be borne by the purchaser; and
- If we have given any condition or warranty that delivery of that item will be made by a specified time, then that condition or warranty shall become void.
10. The Purchaser shall inspect the goods immediately upon delivery and/or installation by us and shall within seven days of delivery and/or installation by us give notice in writing of any matter or thing by reason whereof he may allege that the goods are not in accordance with the contract. In case of failure to give such notice, the goods delivered and/or installed by us shall be deemed to be in all respects in accordance with the contract.
PRICE
11. The price quoted is subject to withdrawal by us at any time prior to our acceptance of order.
12. Prices quoted are subject to our rise and fall provisions. The base date being the date of this quotation.
13. All variations in duty and exchange rates or additional taxes or levies to those applicable shall be paid by the purchaser.
14. Unless we agree otherwise the price specified does not include the cost of transport, unloading, installation and commissioning.
15. GST if applicable is additional to the price.
16. Prices for installation and commissioning are quoted on the assumptions that:-
- 415V, 3 phase, 50 Hz AC power is available at the site where the item is to be used, free and within thirty metres of the work location or site of the item;
- the area where the erection and installation work is to be carried out will be free of obstruction and accessible in normal working hours (which does not include weekends, public holidays or night time) during the period of such erection and installation; and
- Should site conditions or circumstances as detailed cause us to incur additional expenses, then these will be to the purchaser's account.
TERMS OF PAYMENT
17.
- Our terms of payment are thirty (30) days from invoice unless otherwise specifically agreed and acknowledged in writing;
- Interest shall accrue and be payable by the purchaser on the total amount due for payment of the total amount outstanding, together with interest thereon to the date of payment, has been made and credited to our bank account without reservation. Such interest being at a rate equivalent to the Commonwealth Bank of Australia. Reference Rate calculated on daily basis; and
- In the event that payment is not satisfactorily made by the purchaser in accordance with the terms hereof, including the payment of interest (if any), and as a result of that default by the purchaser we incur any costs and expenses (including charges by a collection agency and/or legal costs on a solicitor/client basis) then the purchaser shall be liable to pay such costs and expenses as a liquidated sum. A certificate issued by us in relation to such costs and expenses shall, except in the case of manifest error, be conclusive evidence of the cause, reasonableness and amount of the expenditure.
PROPERTY AND RISK
18. Risk in respect of any item covered by our quotations shall pass to the purchaser upon delivery of that item to the site nominated by the purchaser. Neither possession nor property in respect of such item shall pass to the purchaser until payment has been received in full for that item and such payment has been credited to our bank account without reservation.
WARRANTIES AND LIABILITY
19. We warrant that in the event of any defect in any item occurring or being discovered within 12 months from the date of delivery to the original purchaser as a result of faulty design, material or workmanship attributable to us, then we shall repair or supply a replacement part at our option, free of charge, provided however that this warranty only applies if:
- Neither the item nor the equipment of which that item forms part has been used on other than single shift operation, has been misused or overloaded or used for other than its intended purpose or used by an unauthorised or unqualified person or repaired by an unauthorised or unqualified person;
- The purchaser has not been and is not in breach of these General Conditions;
- The item has been properly maintained;
- Unless otherwise agreed by us, defective parts capable of delivery are returned to our works carriage paid;
- Should we agree to any rectification work on site, this will be performed free of charge but only during normal working hours. The costs associated with any travelling time, travel costs, accomodation and expenses for site work outside Capital cities shall be paid by the purchaser;
- The defect is not in design or specification specially stipulated or required by the purchaser; and
- The purchaser(s) gives us notice of the defect as soon as they become aware of it.
Items not manufactured by our or any related company shall only have the benefit of such warranty as Demag or any related company of Demag has from the manufacturer that item and, then only to the extent that warranty is honoured by that manufacturer.
20. Photographs, illustrations, weights, dimensions and any other particulars given represent generally the relevant goods but are not binding and are subject to alteration without notice by the maker.
21 We will not accept liability for consequential losses, damage or any expenses whatsoever arising out of or in consequence of any fault, defects, or breach.
22. The suitability of the purchaser's runways, gantries, buildings, foundations, roof trusses and any other structures is the responsibility of the purchaser.
GOVERNMENTAL APPROVALS
23. The purchaser shall at its cost obtain all government consents, approvals and licences required to be obtained by the purchaser for the formation of this agreement or its performance and the purchaser warrants to us that such approvals consents and licences shall be in existence and current at the required times.
PLANS AND DESIGNS
24.
- The purchaser shall not use any plans, design, instructions, specifications, charts or other information provided by us other than for the specific purpose for which they were given by us.
- The purchaser acknowledges that all dimensions and detail in plans and designs prepared by us have been checked by them and found to be satisfactory for their purpose.
INTERPRETATION
25. In the interpretation of these General Conditions of Sale the headings are inserted only as a matter of convenience and do not define limit or affect the interpretation hereof.