|Terms and Conditions:|
1. QUOTATION AND FORWARD ORDERS
1.1 No quotation given by the Company shall constitute or be deemed to constitute a binding offer and a valid contract shall only exist after the Company’s written acceptance of an order (whether by issue of the Company’s standard invoice/statement or otherwise). Such contract shall be subject to the conditions set out below.
1.2 Where goods have to be ordered from overseas the Company shall not be liable to the Purchaser for such an order unless and until the Manufacturer communicates its acceptance of such an order to the Company.
1.3 A quotation is valid for thirty (30) days only and the Company reserves the right to amend it if an error or omission has occurred.
2. DESCRIPTION OF GOODS
2.1 Weights and/or dimensions included in any catalogues, advertisements, illustrated matter and price lists are approximates only and details thereof shall not be binding unless and to the extent only that such details are specified in the contract.
2.2 Technical documents or drawings submitted to the Purchaser prior to a contract being entered into remain the property of the Company and shall not be copied reproduced or used by manufacturers or transmitted to a third party unless the prior written permission of the Company is obtained.
2.3 One copy of the technical data operator’s handbook and spare parts list where applicable and subject to availability will be supplied by the Company to the Purchaser without charge at the time of delivery (or if unavailable, when available). Further copies shall be at the cost of the Purchaser.
4. SELLING PRICE
4.1 The selling price dated on the Company’s invoice to the Purchaser is based upon the Manufacturer’s then current selling price to the Company, the then current freight rates, customs duty, landing clearing and storage charges, insurance and foreign exchange rates. Should there be any variation in any of these rates or charges or if there is any variation as a result of, or changes in, the laws or regulations for the time being in force (whether State or Commonwealth) at or before the goods are delivered to or collected by the Purchaser (as the case maybe) then, in such event, the Company reserves the right to vary the selling price, including the profit margin of the Company as shall be appropriate in the circumstances and the Purchaser agrees to pay any such varied selling price in lieu of the original selling price.
8. RISK AND TITLE
8.1 No general property or equitable interest in goods supplied by the Company to the Purchaser shall pass to the Purchaser until such time (hereinafter called “the specified time”) as the price of the goods and all other moneys (if any) due from the Purchaser to the Company in respect of the goods or under any contract between the Company and the Purchaser shall have been paid to the Company in full.
8.2 Until the specified time the Purchaser shall be only a bailee of the goods for the Company and the Purchaser shall;
(a) so hold the goods until the specified time as to enable them always readily to be identified as the property of the Company
(b) upon written demand re-deliver the goods to the Company or allow the Company by its servants or agents to enter upon any premises where the goods are stored to recover the same.
8.3 The Purchaser is authorised before the specified time as agent for the Company to sell the goods for the account of the Company.
8.4 The goods shall be at the Purchaser’s risk from the time of despatch from the Company’s premises.
8.5 Where the seller holds any security interest in the goods, the Purchaser agrees to implement, maintain and comply in all material respects with procedures for the perfection of those security interests as provided by Personal Property Security Act 2009 (Cth).
8.6 The Purchaser must take all steps under Personal Property Security Act 2009 (Cth) to continuously perfect any such security interest, including all the steps necessary for the seller to obtain the highest ranking priority possible in respect of those security interests and to reduce as far as possible the risk of a third party acquiring and interest free of sellers security interests.
9.1 For machines ex Australian stock – payment 14 days from date of despatch ex company warehouse. For pumps and goods excluding machines ex Australian stock – payment on or before the 30th day of the month following the month in which the goods are despatched by the Company to the Purchaser (unless otherwise specified in the Company’s statement/invoice).
9.2 For goods to be imported against order – 50% deposit with order, balance by irrevocable letter of credit to be established at the time of order through our nominated bank account payable on demand against presentation of documents unless otherwise arranged.
9.3 There shall be no delay of payment after delivery of the goods ordered except in accordance with the quoted terms.
9.4 All payments made via our website are in Australian Dollars.
Request for cancellation of an order must be in writing. Any such cancellation shall be of no force or effect and shall not be binding on the Company unless and until such cancellation is accepted by the Company in writing. Cancellation of any order shall be at the sole and absolute discretion of the Company.
No request for cancellation by the Purchaser will be accepted by the Company where goods have been ordered from the Manufacturer by the Company against a firm order from the Purchaser.
11. SERVICE UNDER WARRANTY
11.1 The performance figures quoted by the Manufacturer and/or the Company do not and shall not be deemed to constitute a warranty by the Company and it is not warranted that such exact performance figures will be achieved.
11.2 Inspection of a machine and its performance may be carried out by arrangement, at the Purchaser’s expense.
11.3 The Manufacturer’s normal working tolerances shall be considered correct for the machines unless otherwise specifically agreed between the Purchaser and the Company, in writing.
11.4 The Company shall by mutual arrangements with the Purchaser provide technical data assistance during run-off or commissioning of the machines or pumps but this does not include routine loading during extended test periods. Any commissioning period, if applicable, shall be for the duration of one (1) working day unless otherwise agreed to in writing.
11.5 Service given free of charge during the Manufacturer’s warranty period does not include work properly described as maintenance and repair preventative maintenance must be provided by the Purchaser as recommended by the Manufacturer in order to preserve and fulfil the terms of warranty.
11.6 Extended commissioning shall be subject to the Company’s then current rate of charges.
11.7 Where new components are purchased locally or supplied by the Company in order to expedite warranty service the faulty components must be retained by or returned to the Company freight prepaid to enable the Company to support its claim on the Manufacturer.
12. RETURN OF GOODS
Except for faulty or defective items supplied by the Company, the Company does not accept returns.
Returns will not be accepted for change of mind purchases, goods that are no longer required, customer cancellations etc.
Should a purchaser wish to return goods, written approval must be sought and provided prior to any goods being returned. Any return is approved solely at the discretion of the Company and in addition to the below requirements:
(i) The purchaser must notify the Company within 3 days of the receipt of the goods of its desire to return the goods, clearly outlining the reason for the request.
(ii) The goods are to be returned to the Company’s head office warehouse at the purchaser’s expense.
(iii) The purchaser accepts all risk / responsibility for the return of the goods to the Company, and the for the condition in which the goods will be returned.
(iv) The goods must be returned as new. In an unused condition, in the original undamaged packaging. Any goods returned in a used, unsaleable condition will be rejected, and returned to the purchaser at their cost. Any repackaging required will incur an additional $25 repacking fee to cover labour, packaging materials etc.
(v) All returned goods are subject to a restocking fee of the greater of $45 or 20% of the invoice value of the goods.
(vi) Returns or cancellations of Special Order Only / Non-Stocked Items will not be accepted. All purchases of these items are final and nonreturnable.
In this agreement unless the context requires otherwise the following expressions shall have the following meanings respectively;
(i) “Distributor” means the authorised distributor of the Company
(ii) “Purchaser” means and includes the Distributor (where the context so admits) and the original retail purchaser of the goods (and whether purchased from the Distributor or from the Company direct).
(iii) “Goods” means any goods purchased from the Company.
(iv) “Contract” means all those documents comprising the agreed terms of sale of goods by the Company to the Purchaser including but not limited to purchase order, invoices, the Company’s General Terms and Conditions of Sale and such other written material of the Manufacturer and/or the Company relating to the goods and which is issued to or brought to the notice of the Purchaser and any writing of the Purchaser issued to the Company or its Distributor and accepted by the Company as constituting a term or condition of the contract.
(v) “Manufacturer” means the manufacturer of goods sold by the Company.
(vi) “The Company” shall mean and include Standard or Specialised Pty Limited and any other related or associated companies.