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HANDEL & SONS PTY
LTD
TERMS AND CONDITIONS OF
SALE
TERMS
OF SALE
These
terms and conditions, together with any quotation, constitute the
entire agreement between the customer and Handel and Sons Pty Ltd
(H&S). These terms and conditions override any
contrary or different terms proposed by the Customer unless with
the agreement in writing of H&S. A quotation
constitutes an invitation to the Customer to make an offer to
contract. An agreement shall not be constituted until a
signed order from the Customer requesting supply of goods upon
these terms and conditions is accepted by H&S. H&S
reserves the right to accept or reject any orders received.
Goods are supplied pursuant to these terms only.
QUOTATIONS
Subject
to the right of H&S to correct errors or omissions, a quotation
will be current for a period of thirty days from the date
thereof. Thereafter, it is valid for acceptance subject to
confirmation by H&S and may be subject to adjustment to quoted
price and delivery times. This quotation is capable of
acceptance only by notice in writing by the Customer to
H&S. Goods supplied pursuant to this quotation are
supplied upon the conditions of sale set out herein and no other
terms or conditions shall apply to the Customer order unless by
prior agreement in writing of H&S. Any Customer terms and
conditions sent to H&S either by facsimile, email or other
method are not accepted unless agreed in writing by
H&S.
SPECIFICATIONS
All
drawings, dimensions, specifications, data sheets, illustrations,
measurements submitted with the quotation are approximate and for
quotation purposes only and are not to be construed as warranties
or representations by H&S as to the dimensions, specifications
or otherwise of equipment referred to. H&S reserves the
right to make reasonable alterations or modifications to any
equipment or to its construction or design without notice to the
customer and to deliver revised designs or models against any
order.
PRICES
Quoted
prices are subject to change without notice and may change on
account of exchange rate variations, variations to customs duty or
other taxes, insurance, freight or other cost increases beyond
H&S’s control. Changes in cost between the date of this
quotation and the date of delivery shall increase or decrease the
final price to be charged to the Customer. Quoted prices are
exclusive of GST and allow for delivery in Melbourne and
metropolitan area or free on transport in Melbourne and
metropolitan area. Delivery charges ex Melbourne metropolitan
are additional to the Customer. Prices of H&S’s stock
lines are subject to change without notice and are supplied at the
price prevailing at the date of delivery.
RISK
AND DELIVERY
Risk in
the goods shall pass to the Customer upon delivery to Customer
premises Melbourne and metropolitan area or collection by customer
carrier (delivery ex Melbourne metropolitan). Delivery dates
are estimates only and H&S shall not be liable for any loss
resulting from delay or non-delivery as a consequence of causes
beyond its control. Delivery is to the Customer’s
premises. Off-loading and placement of goods or equipment at
the delivery address is the responsibility of the Customer.
Any crane hiring and unloading charge at Customer premises are at
the cost of the Customer.
GST
Quoted
prices are exclusive of GST or other taxes which may be
imposed. GST and other such taxes are additional to the
quoted price.
PAYMENT
General
Prices
are quoted in Australian currency.
Account
customers
Accounts
are available to approved customers only. Equipment or non-stock
lines may not be purchased on account. Payment terms are
thirty days. Unpaid accounts will result in stopped credit
and stopped delivery. Any overdue amounts will incur an
account service charge of 1% per calendar month which will be
added to the following month’s account balance.
Cash
sales
Payment
is required prior to despatch of goods.
Machinery and equipment
purchases
Unless
otherwise agreed in writing, payment installments are as
follows:
(i)
deposit of 35% of value of order at the time of placement of
order;
(ii)
further 55% of total value of order prior to despatch of
equipment
from H&S
premises;
(iii)
balance upon commissioning but not later than thirty
days
following
delivery.
TITLE
Title in
goods supplied remains with H&S until payment in full is
received by H&S. Customer holds goods solely as bailee in
possession until payment in full is received by H&S. The
Customer shall insure the goods for full replacement value with a
reputable insurer with the interest of H&S noted upon the
policy and provide a certificate of currency to H&S upon
demand.
COMMISSIONING
Commissioning and
instruction of the correct use of equipment is included in supply
price in the Melbourne metropolitan and Sydney metropolitan
areas. Fares, accommodation, travel and related expenses for
commissioning in other areas are at the cost of the customer.
All installation, tooling and printing supplies must be available
at cost of Customer before commissioning is commenced.
Commissioning may not be delayed more than thirty days from the
date of delivery unless with the agreement of H&S. In
such event, the balance of the purchase price becomes immediately
payable in full. In the event that the commissioning is not
effected within six months from the date of delivery, H&S
reserves the right to render an additional charge for
commissioning.
WARRANTY
Goods are
supplied with manufacturer’s warranty for the period stated on the
quotation commencing on the date of delivery and subject to any
manufacturer’s conditions. In the event that the customer delays
the delivery of equipment, the warranty period shall commence on
the day that the equipment is deemed ready to ship from H&S
premises. No warranty will come into effect until equipment has
been paid in full. Warranty work is undertaken only during
normal working hours 8 a.m. to 4 p.m. Monday to Friday.
Overtime rates shall be charged for any warranty work required by
the Customer outside those times. Unless otherwise
agreed, warranty work will be carried out at H&S’s
premises. Transport of equipment to and from H&S’s
premises will be at the cost of the customer.
LIMITATION OF
LIABILITY
Subject
to applicable law, no other warranty shall apply. Nothing in
these terms shall exclude, restrict or modify any term, warranty,
condition or right express or implied in this contract of sale by
the Trade Practices Act 1974 or any similar state or territory
legislation. Where pursuant to such legislation H&S’s
liability under any such term, condition or warranty may be limited
then H&S’s liability will be limited to the maximum extent
permitted by law to replacement of any defective goods, the supply
of equivalent goods, the repair of such goods or the refund of the
sale price. H&S shall not be liable for any:
(i)
consequential or incidental damages;
(ii)
damages or loss of any nature whatsoever relating to
lost profits, business interruption, loss
of data or privacy
or
confidentiality, personal injury or any failure to meet
any
duty;
or
(iii)
indirect, special or punitive damages arising in any
manner.
CANCELLATIONS
Accepted
orders cannot be cancelled except with the prior consent of H&S
in writing and upon such terms as will indemnify H&S against
all loss.
VARIATION
H&S
may vary these conditions of sale at any time by notice in writing
to the Customer.
CLAIMS
Claims
for short delivery, returns or defective product must be made
within seven days from delivery. Non-stock items to customer
order from local or overseas suppliers, electronic components and
some parts are not returnable. Where returns are accepted for
credit or refund, a service charge of 10% will apply.
APPLICABLE
LAW
The law
of the State of Victoria applies to these terms and
conditions.
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