TERMS AND CONDITIONS OF QUOTATION & SALE HOISTING EQUIPMENT SPECIALISTS PTY LTD
A.B.N: 24 590 611 557
These are the terms and conditions upon which Hoisting Equipment Specialists sells and quotes for the sale of goods.
In these terms and conditions, unless the context otherwise requires:
a) “Buyer” means the Person named in the Sales invoice or Quotation.
b) “Quotation” means the form of quotation submitted by the Seller to the Buyer in which these terms and conditions of sale are or are deemed to be incorporated.
c) “Sales Invoice” means the sales invoice issued by the Seller to the Buyer in which these terms and conditions are or are deemed to be incorporated.
d) “Seller” means Hoisting Equipment Specialists Pty Ltd ABN 24 590 611 557.
2. TERMS OF PAYMENT
Payment by the Buyer for goods and/or services delivered and accepted is due within 30 calendar days of the end of the month in which the goods are invoiced. If the Buyer fails to make payment in accordance with this clause, all amounts owing by the Buyer to the Seller on any account shall immediately become due and payable. The Seller reserves the right to charge 1.5% interest per month on outstanding invoices calculated daily.
Where any supply of goods and/or services is subject to a goods and services tax, the cost of the supply will be increased to cover the goods and services tax.
4. TEST CERTIFICATES
Certificates attesting to the compliance of goods ordered by the Buyer with relevant Australian Standards (“Test Certificates”) will only be supplied if requested at the time of ordering by the Buyer, except in the case where goods are specifically bought in for testing.. Test Certificates issued by Hoisting Equipment Specialists Pty Ltd are valid only in respect of goods in the condition in which they leave Hoisting Equipment Specialists Pty Ltd premises.
5. INSPECTION & ACCEPTANCE
The Buyer shall inspect all goods upon delivery and shall within forty-eight hours of delivery give notice to the Seller of any matter or thing by which the Buyer alleges that the goods are not in accordance with the Buyer’s order. Failing such notice, and to the extent permitted by statute, the goods shall be deemed to have been delivered and accepted by the Buyer.
All returns must be approved in writing by the Seller. Authorised returns must be freight prepaid. The Seller will only be obliged to credit returned goods if they are in a saleable condition. The Seller reserves the right to charge a handling fee equal to 10% of the price of the goods returned or a $75.00 flat rate (whichever is greater) unless the Buyer is a “Consumer” for the purposes of the Trade Practices Act 1974 or similar State or Territory legislation. Products specifically purchased, manufactured, machined or cut to length or the Buyer’s specification are not returnable.
a) Unless previously withdrawn, a quotation is valid for thirty (30) days or such other period as stated therein. A quotation is not to be construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise therefrom until the Buyer’s order has been accepted by the Seller in writing.
b) The Seller shall not be bound by any conditions attached to the Buyer’s order or acceptance of a Quotation and, unless such conditions are expressly accepted by the Seller in writing, the Buyer hereby acknowledges that such conditions are expressly negatived.
c) Prices specified in a Quotation are subject to alteration without notice. Unless otherwise stated in writing by the Seller, prices quoted shall be exclusive of handling, delivery agent’s charges and any charge duty or impost including sales tax.
d) Every Quotation is subject to and conditional upon obtaining any necessary import, export or other licence.
8. PASSING OF PROPERTY AND RISK
a) Goods supplied by the Seller to the Buyer shall be at the Buyer’s risk immediately upon delivery to the Buyer, into the Buyer’s custody or at the buyer’s direction (whichever is the sooner). The Buyer shall thereafter insure the goods at its cost against such risks as it thinks appropriate, shall note the interest of the Seller on the insurance policy and shall produce a certificate to this effect to the Seller upon request.
b) Property in the goods supplied by the Seller to the Buyer pursuant to these terms and conditions shall not pass to the Buyer until those goods and/or services (and other goods) supplied by the Seller to the Buyer have been paid in full.
c) Until the goods have been paid for in full:
(i) The Buyer shall store the goods in such a manner as to show clearly that they are the property of the Seller; and
(ii) The Buyer may sell the goods, in the ordinary course of its business, as agent for the Seller and shall account to the Seller for the proceeds of sale (including any proceeds from insurance claims) which proceeds shall be kept in a separate bank account.
d) The Buyer irrevocably authorises the Seller at any time, to enter onto any premises upon which:
(i) The seller’s goods are stored to enable the Seller to: – inspect the goods: and/or – if the Buyer has breached these terms and conditions, reclaim the goods;
(ii) The Buyers records pertaining to the goods are held to inspect and copy such records.
e) The Buyer and the Seller agree that the provisions of this clause apply notwithstanding any arrangement pursuant to which the Seller grants credit to the Buyer.
The Seller reserves the right to suspend or discontinue the supply of goods and/or services to the Buyer without being obliged to give any reason for its action.
10. PART DELIVERIES
The Seller reserves the right to make part deliveries of any order, and each part delivery shall constitute a separate sale of goods upon these terms and conditions. A part delivery of an order shall not invalidate the balance of an order.
11. SHIPMENT & DELIVERY
a) Upon acceptance of an order the Seller will seek confirmation of the period of shipment or delivery. If any variation has occurred in the quoted period, the Seller will notify the Buyer. Unless the Buyer objects in writing within seven (7) days of such notification to the Buyer, the period of shipment or delivery notified to the Buyer will be the contractual period of shipment or delivery.
b) A delivery charge may be applied to all deliveries with the exception of back order deliveries that are part of an original order that has been partly fulfilled.
Where goods are imported into Australia, any adverse variation in the price arising from fluctuation in exchange rates between the date of the Buyer’s order and the date of payment by the Seller will be to the Buyers account.
13. LIQUIDATED DAMAGES
The Buyer acknowledges that under no circumstances will liquidated damages claims be honoured by the Seller unless negotiation of terms is agreed to by both parties prior to any transactions.
14. DEFAULT OF BUYER
a) If these terms and conditions are not strictly observed by the Buyer, the Seller may in its absolute discretion, refuse to supply to the Buyer and the Seller shall not be liable to the Buyer for any loss or damage the Buyer may sustain as a result of such refusal.
b) The costs of collection of any moneys due and payable by the Buyer, including the fees of any Mercantile Agent or Solicitor engaged by the Seller shall be payable by the Buyer.
15. BUYERS CANCELLATION
Unless otherwise agreed in writing, the Buyer shall have no right to cancel an order which has been accepted by the Seller. If a right of cancellation is expressly reserved to the Buyer, such right of cancellation must be exercised by notice in writing from the Buyer to the Seller not later than (7) days prior to the estimated date of shipment by the manufacturer or the Seller as the case may be. Unless otherwise agreed between the Buyer and the Seller, upon cancellation prior to shipment and deposit paid by the Buyer shall be forfeited to the manufacturer or the Seller (as the case may be).
16. ALTERATIONS TO CONDITIONS
The Seller may, at any time and from time to time alter these Terms and Conditions of Quotation and Sale.
17. GOVERNING LAW
These terms and conditions and any contract including them shall be governed by the law of the State or Territory in which the Seller accepts the Buyer’s order and the Seller and Buyer submit to the jurisdiction of the Courts of that State or Territory.