Quotation
All quotations and offers made by us or orders accepted by us are only made on the basis that these terms and conditions shall apply. The Terms & Conditions contained herein shall take precedence over any other terms and conditions deemed to apply to the contractual relationship between us and you. No term or condition shall be varied, wavered, deleted or amended unless expressly stated in writing and signed by us. We may amend or vary these terms and conditions at any time by written notice to your place of business and you will be bound by any such amendments on all orders made after notice is provided.
We reserve the right to confirm in writing any quotations given by us orally when we receive your order (the “Order) for the supply by us of any goods (the “Goods”) or the performance by us of any services (the “Services”).
Orders
- (a) Your Order once accepted by us either orally or in writing shall give rise to a binding contract (“the Contract”) which shall include all these terms and conditions and shall be governed by the laws of the State of Victoria.
- (b) Your Order once accepted by us may not be cancelled or altered except upon terms and conditions satisfactory to us which may include payment by you of a cancellation or alteration fee for all expenses we incur by way of labour, materials, services, freight, overhead expenses, fees, duties, taxes and loss of profit or loss of opportunity.
Performance & Delivery
- (a) Performance and delivery times are quoted in good faith and as accurately as we are able to estimate but we accept no liability for non-performance or non-delivery by a certain time unless we have given a prior written guarantee of such performance or delivery and provided therein for liquidated damages for failure to perform or deliver.
- (b) Where Services or procedures quoted are performed by any sub-contractor (the “Subcontractor”) to us or goods quoted are supplied to us by any of our suppliers (the “Supplier”), the times quoted for performance or delivery are based on the Subcontractor’s or Supplier’s promised times of performance or delivery to us or upon our estimate of a reasonable performance or delivery time; and we do not accept liability for non-performance or non-delivery by a certain time unless a prior written guarantee of such performance or delivery has been provided to you in writing.
- (c) The Price does not include the cost of delivery of the Goods unless otherwise stipulated in writing on the Order. Delivery by special arrangement shall be arranged by us and we reserve the right to make a charge additional to the Price for such extra service. The cost of any special packing and packing materials used in relation to the Order are at your cost notwithstanding that such cost may have been omitted from the quotation.
- (d) In no event will we accept liability for any delay or failure in delivery or for delivery of the Goods by instalments if caused by any act, matter or thing beyond our control. If we deliver any of the goods by instalments, and any one of those instalments is defective for any reason:
- (i) It is not a repudiation of the contract of sale formed by these conditions; and
- (ii) The defective instalment is a severable breach that gives rise only to a claim for compensation in respect of that instalment.
- (e) Acceptance of the goods must take place immediately following delivery and is established if you signify by words or conduct that the goods are conforming or that you retain them in spite of their nonconformity or deal with them in a way inconsistent with our ownership. Any rejection of the goods or claim in respect of short delivery must be communicated to us in writing by registered post within 7 days of delivery failing which you will be deemed to have accepted delivery and to have waived any claim for shortage in respect of the delivered goods. Such notification shall clearly state the full particulars of the nonconformity.
- (f) Delivery is from our premises unless otherwise specified.
- (g) We are not responsible to you or any person claiming through you for any loss or damage to goods in transit caused by any event of any kind by any person (whether or not we are legally responsible for the person who caused or contributed to that loss or damage). We will however, provide you with such assistance as may be necessary to press claims on carriers so long as you notify us and the carriers in writing immediately after loss or damage is discovered on receipt of goods; and lodge a claim for compensation on the carrier within 3 days of the date of receipt of the goods.
- (h) We reserve the right to make a reasonable charge for storage if delivery instructions are not provided by you within 14 days of a request for such instructions. You agree that we may charge for storage from the first day after we request you to provide delivery instructions. In regards to a claim for a charge for storage under this clause, you acknowledge that fulfilment of the terms of payment are established and that we shall be entitled to issue the relevant invoice on those terms.
- (i) We are not under any duty to accept goods returned by you and will do so only on terms to be agreed in writing in each individual case.
