PUMPS AUSTRALIA PTY LTD
STANDARD - TERMS AND CONDITIONS
In this contract:
“Seller” means Pumps Australia Pty Ltd (ABN:11 097 982 388)
“Product” means the goods or services sold and delivered by the Seller to the Purchaser.
“Purchaser”, means the person or entity who purchases the product or service for the Seller.
These terms and conditions of sale apply to and form part of the supply of Product by the Seller to the Purchaser. The Purchaser has read and understood the contract and agrees to the Terms and Conditions on this contract.
1) Offer and Acceptance
Prices advised on quotations are estimates only and are subject to withdrawal, correction or change at any time prior to the Seller’s acceptance of the Purchaser’s order. Prices advised on quotations are for the full order and cannot be split up and prices are subject to the Purchase’s order being for the whole quantity mentioned in the quotations. A quotation given by the Seller is not an offer to sell. An order placed by the Purchaser pursuant to a quotation is not binding on the Seller unless and until accepted by the Seller.
Delivery dates quoted at the time of sale are estimates only. While every endeavour will be made to effect delivery by the date given, the Seller is not liable for any loss or damage (including consequential loss or damage) for failure to deliver within the time stated or failure to deliver due to circumstances beyond its reasonable control. The Purchaser will accept and pay for Product not withstanding late delivery.
3) Retention of Title
While risk in the Product shall pass on delivery, legal and equitable title in the Product remains with the Seller until full payment for all the Product supplied by the Seller to the Purchaser is made. Where the Product has been delivered to the Purchaser but the Seller has not been paid, then until payment is received, the Purchaser agrees to keep the Product in a manner that clearly shows the ownership of the Seller and if required, to deliver up the Product to the Seller.
4) Fitness for Purpose
Subject to the provisions of the Trade Practices Act, 1974 the Purchase expressly acknowledges and agrees that the Seller is not liable for any advice given by its agents, officers or employees in relation to the suitability for any purpose of Product supplied by the Seller and all such advice relied upon is at the Purchaser’s risk.
The Purchaser is responsible for immediate examination of Product on delivery and the Seller is, except as may otherwise be mandatory by law, not liable for any claim to which it would otherwise be liable in respect of damaged Product including Product damaged in transit and the Purchaser is deemed to have accepted the Product is of the description, quality, and quantity ordered unless particulars of claim are notified to the Seller in writing within three (3) working days (which excludes Saturdays, Sundays and Public Holidays) after arrival of the Product at the place of delivery.
To the full extent permitted by law, all conditions, warranties, representations, and undertakings not expressly contained herein are expressly negated and excluded. Except as provided in this clause, the Seller is not liable for any loss or damage, whether direct or indirect (including consequential losses or damage) arising out of any breach of contract by the Seller or any negligence or default (including wilful default) of the Seller, its employees, officer’s agents. Should the Seller be liable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (not being a condition or warranty implied by Section 69 of that Act), the Sellers’ liability for such breach is limited, at its option, to any one or more of the following;
Without prejudice to any other rights the Seller may have, the Purchaser indemnifies the Seller for any loss, damage or expense incurred by it should the Purchaser breach any term of the contract or cancel any order or part thereof after acceptance by the Seller. The Purchaser also indemnifies the Seller for any loss, damage or expense caused in any way to the Product by any device or products of the purchaser.
If the Purchaser fails to make payment to the seller by the due date or being a natural person commits an act of bankruptcy, or being a corporation by act or omission enables the appointment of a scheme manager, trustee, official manager, receiver, receiver and manager, liquidator, administrator or any other person authorised to enter into possession of the assets of the Purchaser pursuant to a mortgage or other security the Seller may, without notice and without prejudice to any other rights it may have, do any or all of the following;
Terms of trading are cash on delivery unless otherwise specified by the Seller.
The extension of credit is at the absolute discretion of the Seller and where extended unless otherwise advised in writing requires payment by net cash within fourteen days in which the product is delivered.
Without any way limiting the Seller’s right to require payment in full on the due date, the Seller is entitled to charge interest on overdue accounts at the rate of two and one-half percent (2.5%) above the St George Bank’s overdraft rate. Interest will be charged at the said rate per calendar month on all amounts not paid within fourteen days for the date the Product was delivered up the actual date of payment.
10) Legal Costs
The Purchaser acknowledges that any outstanding monies due and payable to the seller and which are not paid within seven days of being due is consequently a breach of an essential term of this contract and agrees to pay for all legal costs and all debt collection fees and all costs, expenses and interest subsequently incurred in consequence of the Purchaser’s beach of the contract or otherwise incurred in respect of the recovery of, or the intended recovery of, the costs and expenses referred to in this clause, in each case on an indemnity basis.