Terms and Conditions of Sale
Agreement:
The terms set herein constitute the sole terms and conditions of the contract between you and us. No other terms, conditions, or understanding, whether oral or written shall be binding upon us, unless hereafter made in writing and signed by our authorized representative. This Agreement expressly limits acceptance to these terms; no order shall have any force or effect until acknowledged in writing by us; any proposal for additional or different terms is hereby deemed material and is objected to and rejected. No terms of any document or form submitted by you shall be effective to alter or add to the terms and conditions of this Agreement. Unless otherwise stated herein, your receipt of any portion of the goods shall constitute acceptance of all terms and conditions of this Agreement
Prices:
The prices quoted may be changed by us without notice in order to reflect our prices at time of shipment and any increase in transportation, labour or other costs. We reserve the right to correct any obvious errors in specifications or prices. The price for the Goods and all other amounts owed to us shall be paid by you without abatement, deduction or set off.
Taxes:
Any taxes which, under any existing or future law, we may be required to pay or collect with respect to the sale, purchase, delivery, storage, processing, use, consumption or transportation of any of the goods or services covered shall, if not separately shown, be added as a separate item to the quoted price and shall be paid by you to us on demand. The foregoing shall not apply to any taxes, the payment or collection of which by us is excused by reason of delivery to us of valid tax exemption certificates.
Quotations and Orders:
All quotations made by us are subject to sale of the goods, unless otherwise expressly agreed in writing. All orders are subject to approval of credit.
Quotations and Orders:
All quotations made by us are subject to sale of the goods, unless otherwise expressly agreed in writing. All orders are subject to approval of credit.
Quantities:
On certain commodities the producing mill reserves the privilege of shipping over or under the ordered quantity in accordance with established trade practices which will constitute full and complete shipment of the material specified.
Terms of Payment:
Full and final payment shall be due thirty days from the date of each invoice unless otherwise expressly agreed in writing.
Any invoice not paid in 30 days will accrue a late payment charge of 10% per month. In the event this account is not paid according to the terms set forth in the invoice or statement, Customer agrees to a periodic rate not exceeding a maximum legal rate or 10% per month to the previous month’s unpaid balance. This service charge is to cover the rebilling costs and is not a method of financing the account. If the account becomes more than 50 days delinquent and is placed in the hands of a collection agent, Customer will pay reasonable collection charges; and if placed in the hands of an attorney for collection or suit, Customer will pay reasonable attorney’s fees.
Deliveries:
Any delivery schedule indicated is based on our present estimate of the time required to ship after receipt of your order. In the event of any delay in our performance due in whole or in part to any cause beyond our reasonable control we shall have such additional time for our performance as may be reasonably necessary under the circumstances. Acceptance by you of any goods shall constitute a waiver by you of any claim for damages on account of any delay in the delivery of such goods.
Suspension of Performance:
If in our judgment reasonable doubt exists as to your financial responsibility, or if you are past due in payment of any amount owing to us, we reserve the right, without liability and without prejudice to any other remedies, to suspend performance, decline to ship, or stop any material in transit, until we receive payment of all amounts, whether or not due, owing to us, or adequate assurance of such payment.
Warranty:
We expressly warrant that the goods will conform to the descriptions and specifications incorporated within the tolerances and variances established, and that the goods will be free from defects in material and workmanship.
All equipment quoted is guaranteed under manufacturer warranty for a period of twenty four (24) months from date of delivery or twelve (12) months from the date of installation (whichever is earlier) to be free from defects in labour and materials. CONVEYOR PULLEYS RUBBERFIX PTY LTD will not be liable for damages to the goods/products due to normal wear and tear, or liable for damages caused where the buyer or their representative has improperly stored the goods/products given that the products are to be stored in a dry, covered area. CONVEYOR PULLEYS RUBBERFIX PTY LTD will not be liable if the products are operated beyond their inherent design. CONVEYOR PULLEYS RUBBERFIX PTY LTD will be relieved of any liability during the warranty period should the customer, without authority, make any attempt to repair, adjust, improve or otherwise interfere with the goods/products or the working thereof. Any such action will cause all warranties in respect of the goods/products to become null and void. Any goods/products not manufactured by CONVEYOR PULLEYS RUBBERFIX PTY LTD are sold under such warranty only as the makers give. CONVEYOR PULLEYS RUBBERFIX PTY LTD will not be responsible for dismantling or reassembling any part repaired or replaced by CONVEYOR PULLEYS RUBBERFIX PTY LTD or any charge in connection therewith.
Tolerance and Variations:
All goods shall be subject to tolerances and variations consistent with usual trade practices and applicable specifications regarding dimensions and quality and shall also be subject to deviations from tolerances and variations consistent with practical testing and inspection methods.
Claims:
If any goods received by you are damaged, or if the quantities received by you do not agree with the quantities indicated on the shipping documents, and if you intend to assert any claim against us on this account, you shall mark an exception on your receipt to the carrier and shall, within fifteen days after receipt of such goods, furnish us with detailed written information as to any damage or shortage. You shall advise us in writing promptly after receipt of any goods, and under no circumstances any later than thirty days after such receipt of any other claim you may have against us with respect to such goods. If you have any claims against us with respect to any goods, you shall afford us a reasonable opportunity to inspect such goods. Any action for breach of this contract must be commenced within one year after the cause of action shall accrue, and no such action may be maintained which is not commenced within such period. No goods may be returned without our prior authorization.
Limitations of Liability:
Your exclusive remedy for breach of contract as to any goods, and our only liability for any such breach, shall be replacement or repair of such goods, or repayment to you of the purchase price paid by you for such goods, whichever such remedy we shall select, and if we elect to repay the purchase price of any such goods and so advise you, you must return such goods to us immediately. In no event will we be liable for incidental or consequential damages incurred by you or by third parties.
Tools, Dies and Fixtures:
Unless otherwise expressly provided, any tools, dies or fixtures which may be developed for use in the production of the goods covered shall be owned by us even though you are charged in whole or part for the cost of such tools, dies and fixtures.
Indemnification:
If any of the goods are to be furnished to your specifications, you agree to indemnify us and our successors and assigns, against all liabilities and expenses resulting from any claim of infringement of any patent in connection with the production of such goods. You also agree to defend and indemnify us against all claims and expenses arising out of the mishandling, abuse or misuse of the goods by you or your customer.
Cancellation:
A contract may be cancelled or modified only by written agreement between us, except as otherwise provided. Your assistance upon cancelling or suspending fabrication or shipment, or your failure to furnish specifications when required, may be treated by us as a breach of contract by you, and we may cancel any unshipped balance without prejudice to any other remedies we may have.
Applicable Law:
This contract shall be governed by, construed and enforced in accordance with the laws in the state of Victoria – Australia.
