SPRAY NOZZLE : Trading Terms
CONDITIONS OF SUPPLY (AUSTRALIA)
1. APPLICABILITY OF CONDITIONS
(a) These conditions of Sale of Spray Nozzle Engineering Pty Ltd ACN 056 441 724 or Reel-Tech Pty Ltd ACN 056 441 555 (severally hereinafter called ‘the Company’) apply as follows.
(b) Unless otherwise agreed in writing by the Company the following conditions shall govern this transaction and shall be incorporated into all future transactions between the Company and the customer (hereinafter called ‘the Buyer) for all the sales, supplies and deliveries of materials and other products (hereinafter called ’Goods’), whether or not these conditions are made expressly applicable to any particular future transaction.
(c) Engineering services, installation and Commissioning are not undertaken unless agreed by the company in writing and signed by Director of the Company.
2. THE STATUTORY RIGHTS
Buyer’s statutory rights apply to the extent they cannot be lawfully excluded. These conditions shall not limit, restrict, modify or exclude the rights and remedies upon the Buyers or the liabilities imposed upon the Company by any condition or warranty implied by Commonwealth State or Territory legislation prohibiting or rendering void any such limitation, restriction, modification or exclusion.
Subject to Condition 2.
(a) Resale Equipment Warranty - All Products as purchased by the Company for resale to the Buyer, such Products either represented in their own right or as included with any other equipment or assembly as manufactured or assembled by the Company, are subject to the terms of Warranty as issued by that manufacturer, excluding the Company.
(b) Manufactured Equipment Warranty – Spray Nozzle Engineering Pty Ltd / Reel-Tech Pty Ltd (hereinafter the Company) will replace, repair or refund the purchase price of the Product as manufactured by the Company (excluding such items as covered by separate warranties above in 3 a.) at their option, free of charges, except transportation to and from the Buyer, if defective in their manufacture or design. Definition of defective products shall be governed by the Company’s judgment regarding acceptable application duty as employed by the Buyer. Such acceptable duty shall not be the responsibility of the Company at any time but shall remain the Buyers responsibility. Product duty must be subject to Company scrutiny at time of Claim. The acceptance of a Warranty return by the company shall in no way acknowledge existence of a defect. Claims must be lodged in writing to the Company within 90 days of installation or one year from dispatch date, which ever occurs first. Goods must not under any circumstances be returned prior to this Claim being acknowledged in writing by the Company and approval for such returns being granted by the Company. Such approval for return shall satisfy inspection purposes only and does confirm acceptance of Claim.
Claim will be further subject to analysis prior to acceptance or rejection. The Product should be returned to the place of purchase. This warranty is exclusive remedy and the Company/Distributor shall not be liable for consequential damages, injury or commercial loss. The Company/Distributor makes no warranty of fitness for a particular purpose and makes no other warranty, express or implied arising from the course of dealing or usage in trade. The right conferred on the Buyer by this Condition shall be the sole liability on the Company in respect to any defects affecting any Product of the Company.
4. ADVICE/TECHNICAL INFORMATION
Any advice, recommendation, information or service provided by the Company or its employees or agents in relation too goods it manufactures or supplies, their use and application or any other matter whatsoever is based upon research testing and enquiries believed by the Company to be appropriate and reliable. Subject to condition 2, any such advice recommendation information or service so provided is offered as helpful suggestions only and without any liability or responsibility on the part of the Company or is employees or agents and is accepted at the risk of the person acting upon it. The company gives no warranty of freedom from patent infringement in relation to the use of any advice, recommendation, information or service it may give. In particular, note that the Chemical and Temperature compatibility along with Dimensional, Pressure and Performance suitability of the goods not excluding all other aspects of their specification are the exclusive responsibility of the purchaser. Chemical compatibility charts and product performance data including dimensional information available on request prior to purchase. Specifications and any other Technical information are subject to change without notice.
(a) The giving of an order by the Buyer to the Company for any Goods shall constitute an unqualified acknowledgement by the Buyer that, if the Company accepts the Order, the Sale, supply or delivery of such Goods by the Company will be governed solely by these Conditions of Sale. All orders from the Buyer accepted by the Company for the sale, supply or delivery of any Goods are so accepted solely subject to these Conditions of Sale. No addition to or variation of these Conditions of Sale and no oral stipulation or representation shall be binding on the Company unless expressly agreed to in writing and signed by a Director or the Secretary of the Company on its behalf.
(b) No order may be cancelled by the Buyer once the Company has accepted it. If the buyer wrongfully cancels any order, the Company shall (without prejudice to any other rights of the Company) be entitled to be fully indemnified by the Buyer against all and any loss arising through or in connection with such cancellation, and to withhold delivery of any other Goods ordered by the Buyer until the Buyer shall have paid the amount of such loss.
(c) No Returns will be considered for credit unless claims for return are lodged in writing to the Company within 90 days of sale or shipment either of which occurs first. Goods must not under any circumstances be returned prior to this notice being acknowledged in writing by the Company and approval for such returns being granted by the Company. Such approval for return shall only apply to regularly stocked inventory lines only. The Product should be returned to the place of purchase. Goods specially built to customer specifications and requirements, including Inventory lines not regularly stocked, are not subject to cancellation nor are returnable for credit claim under any circumstances. All Products accepted for credit will be subject to a minimum 25% or greater restocking charge. No product will be accepted for credit after one year from date of purchase.
(a) Except as otherwise expressly stated, all prices quoted by the Company are
- exclusive of G.S.T. and any other sale or purchase taxes at any time in force.
- F.O.B. the Company’s premises.
(b) The prices for Goods quoted by the Company are not firm, and the Company reserves the right to increase or decrease such prices without notice, except where the Company has expressly stated in writing that a price is firm and during what period the price will be held firm.
7.PROPERTY AND RISK IN GOODS
(a) Risk in any goods supplied by the Company to the Buyer shall pass when such goods are delivered to the Buyer or into custody on the Buyer’s behalf but ownership and property in each item of goods supplied is retained by the Company until payment in full of the purchase price for the same and for all other goods supplied by the Company to the Buyer and until property so passes to the Buyer shall-
- hold each item thereof as bailee of the Company
- store the same in such a manner as enables them to be readily identified and distinguished from other property in possession of the Buyer that is not held by the Buyer as bailee of the Company;
- deliver the same to the Company upon demand by the Company.
(b) In the event that any item of goods supplied by the Company is sold by the Buyer prior to payment in full of the purchase price for the same and for all other goods supplied by the Company to the Buyer, then such proceeds of sale shall be the property of the Company.
(c) In the event that prior to payment in full of the purchase price for all goods by the Company any item of such goods is used by the Buyer to manufacture or fabricate other products of which such item forms a constituent part, the Buyer shall transfer property in such other products to the Company by way of security for payment of monies by the Buyer to the Company on any account and shall store such other goods in such a manner as enables them to be readily identified and distinguished from other property in possession of the Buyer that is not so transferred, and property in such other goods shall pass to the Company upon so stored.
(d) The provisions of each paragraph of this condition and rights thereby conferred upon the Company are distinct and severable from the provisions of each other paragraph and any invalidity of any thereof (whether as between the Company and the Buyer or the Company and any other person) shall not affect the operation according to its term of each other paragraph.
(a) Deliveries may be wholly on partially suspended by the Company during any period in which:
- the Buyer has failed duely to pay any monies owing to the Company within the timeframe as stipulated by the agreed terms of supply. The Company shall (without) prejudice to any other rights of the Company) be entitled to be fully indemnified by the Buyer against all or any loss rising through or in connection with such suspension of delivery and to withhold delivery of any other goods ordered by the Buyer until the Buyer shall have paid the amount in dispute in full;
- the company may be prevented or hindered from effecting delivery by its normal means of supply or delivery by normal route by reason of any circumstances outside its reasonable control (including but not limited to strikes, lockouts, shortages of materials, accidents or breakdowns of plants or machinery.) In the event that because of short supply of any goods the Company should be unable to supply, it may in its sole and unfettered discretion supply a portion of available supply to any of its Buyers without being thereby in breach of contract.
(b)The Company shall be under no liability in respect of damage of goods or incomplete delivery unless the Buyers written claim is received by the Company within 7 days of receipt of goods
(c) Where any time of delivery is mentioned by the Company, this is only an indication given in good faith or what the Company expects to be able to achieve, the Company does not guarantee delivery within any such time,
and (without prejudice to the generality of condition 9) the Company shall not be liable in any way whatever for not delivering within any such time.
9. PRODUCT LIABILITY
The Company shall not be liable in any way whatever whether in contract, tort or otherwise for or in connection with any defects affecting any Goods of the Company or in any delay or any loss damage or injury (whether physical, financial or otherwise) however such defects delay, loss or damage may be caused, whether by the neglect or default of the Company, its officers, employees or agents or otherwise, and whether caused directly, indirectly or otherwise.
These Conditions of Sale shall apply (mutatis mutandis) to any goods supplied by the Company by way of replacement.
Unless prior arrangements have been made, and confirmed in writing all sales shall be cash on delivery. Where an agreement for credit payment have been made, the payment terms will be 7 days nett (unless other terms have been specified and agreed to in writing).
12. INTELLECTUAL PROPERTY
(a) The Company in respect of goods manufactured by third party manufacturers have taken reasonable steps to satisfy itself that the possession, use or resale of such goods will not infringe any intellectual property but give no warranty in this respect.
(b)If the Company manufacture specific goods on instructions from a Buyer and particularly using drawings supplied by such a Buyer, the Buyer hereby indemnifies the Company against any claim for breach of intellectual property caused by the manufacture or sale of the goods.
Should this be a quotation or price guide the following information should be noted:
- All prices are nett ex wrks and do not include sales tax or delivery, which are extra at cost.
- Any quotation is valid from 30 days from date shown.
- The Companies condition of sale will apply to any order unless agreed to in writing before an order is accepted. (a copy which is available on request)
Spray Nozzle Engineering Pty Ltd / Reel-Tech Pty Ltd (hereinafter the Company)
If one of the Company’s Goods is shown to the satisfaction of the Company to be defective in design, manufacture, labeling or packaging by the Company, and if such Product is returned to the Company, without cost to the Company and at the Buyers risk, within 90 days after installation or one year from the date of dispatch, whichever first occurs, the Company will either (a ) replace such a Product, or (b) put it into goods operating condition, or (c) refund its purchase price at the Company’s sole option, without any charge to the Buyer except for carriage. For the purposes of this Condition Goods shall under any circumstances be returned to the Company unless the Company has approved in writing the return of such Goods before dispatch by the Buyer. The rights conferred on the Buyer by this Condition shall be the sole liability on the Company in respect of any defects affecting any Product of the Company.