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1. GENERAL
Any order placed by a purchaser is deemed to be an order incorporating
these terms and conditions not withstanding any inconstancies which
may be introduced in the purchaser order unless otherwise expressly
agreed by Warewashing Solutions ( The Seller ) in writing.
2. RISE and FALL
Prices listed are subject to alteration without notice to the
purchaser between the date of listing and the date of delivery.
All prices will be charged at the prices ruling at the date or dates
of delivery.
3. DELIVERY and FRIEGHT CHARGES
Delivery within Sydney, Melbourne, and Brisbane metropolitan areas will be
F.I.S unless otherwise stated, deliveries to Perth and Hobart will
carry a surcharge. Deliveries outside metropolitan areas to regional
areas will carry a surcharge. Goods delivered are to ground level
, kerbside or loading dock area only , where cranage is required
it is to be supplied by the purchaser , failure to receive goods
will subject the goods to be recharged on redelivery
4.GOODS and SERVICES TAX;
All prices listed are exclusive of Goods and Services tax
5. CLAIMS;
Any claim made by the purchaser for wrongful delivery of the goods must be notified
to seller within seven days after delivery to the Purchaser, any
claim made after seven days (time being of the essence) shall be
deemed to have been absolutely waived.
6. PROPERTY and RISK;
The risk of loss or damage to or in connection with,
or loss of, the goods shall be borne by the purchaser from the dispatch
of the of the goods from the Sellers door.
7. CANCELLATION and RETURNS;
As far as permitted by law no goods will accept
for return by the Seller unless a prior request (which may be accepted
or refused in its sole or absolute discretion) is made and approval
given by the seller. The purchaser shall inspect the goods immediately
on delivery , goods accepted as returned goods will be charged a
fee of 15% of the invoiced price , all goods returned must be returned
in unopened and undamaged boxes , goods that have been used will
be deemed to be used goods and therefore not acceptable to the Seller
as returned goods.
8. PRICES, QUOTATIONS and ORDERS;
No quotation given by the company Seller to the purchaser shall constitute
an offer Orders must be accompanied by necessary ordering information
as requested by the Seller Prices given in any quotation are applicable
to that quotation only and will apply in any other instance Prices
are valid for a period of thirty days from the date of issue by
the Seller, unless otherwise agreed in writing.
9. TERMS of PAYMENT;
Unless otherwise agreed by the Seller in writing all goods will be supplied
on cash before delivery basis.
10. FORCE MAJEURE;
Any times given for delivery are an estimate and for guidance only.
The Seller shall not be liable for non-fulfilment or late delivery
should actual delivery of the goods or any parts be delayed in consequence
of unforseen events such as , fire , flood , earthquake , storm
, tempest or other natural phenomenon , acts of god , strikes ,
lockouts , availability , or shortage of raw materials , or labour
or shipping or transport facilities , war , insurrections , riot
, civil commotion , inability to obtain transportation facilities
or any inability to obtain licences or any order or direction of
any local or , state or federal government or government authority
or instrumentality.
11. INSTALLATION;
The Seller shall not be liable to the purchaser for the installation of goods delivered
unless otherwise agreed by the Seller in writing.
12. WARRANTY;
The goods supplied by the Seller are guaranteed against defective
workmanship and materials for a period of twelve months for parts
from the date of putting into service the Sellers obligations pursuant
to this express warranty being limited to the repair or replacement
of the defective parts or materials and at its option .This undertaking
covers the provision of labour six months and parts twelve months
,this undertaking applies to Melbourne, Sydney, and Brisbane only
other areas are covered by a provision to the supply of parts only.
Defective spare parts will be re-supplied and warranted for a three
month period .This undertaking applies only to state capitals remote
areas are not covered by this commitment. The liability of the Seller
under this warranty limited to the repair of defective materials
or components. All other costs including without limitation, cartage,
carriage, and installation shall be borne by the purchaser. To obtain
benefit of this warranty, the purchaser must produce proof of purchase
and give notice to the Seller immediately upon it becoming aware
of the alleged defect and in any event before the expiration of
the said twelve months and that the machine was installed in accordance
with the manufacturers specifications. Should warranty be requested
outside of normal working hours Monday – Friday a labour charge
will be applied equivalent to the difference between the normal
hour rate and penalty rates.
13. RETENTION of TITLE;The purchaser acknowledges that the property in the goods shall not pass to the
purchaser until the purchaser has paid all the money due for the
goods and all other goods supplied by the Seller To enter the purchaser’s
premises of any associated company or agent where the goods are
located without liability of trespass or any resulting damage and
retake possession of the goods to keep or resell any of the goods.
14. NO LIABILTY;
The Seller accepts no liability for goods supplied
by any third party who has not purchased the goods directly from
the Seller.
15. SPECIFICATION;
The Seller may alert the speciation of the goods without notice
16. INDENTIFICATION of GOODS;
Any description of the goods is given by way of identification
only and use of such description shall not constitute the contract
a sale by description
17. INDIRECT LOSS;
So far as the law permits, the Seller shall be under no liability to the purchaser
for nay loss or damage to persons or property, or loss of property
or for death or injury caused by or arising out of or in connection
with any act , matter or thing ( including negligent acts omissions
) done , omitted or permitted to be done by the Seller or its agents
The Seller shall not be liable to the purchaser in any way whatsoever
for any indirect or consequential loss , loss of profit or nay any
other economic loss including , without limitation any loss by reason
of delay , defective or faulty materials or workmanship negligence
or any act , matter or thing done , permitted or omitted to be done
by the Seller.
18. PURPOSE;
The purchaser acknowledges that it has the responsibility for ensuring that the goods are noticed
for any purpose for which they are not suitable.
19. NO REPRESENTATIONS;
The purchaser acknowledges that neither the Seller nor any person
purporting to be the Seller or their agent has made any representations
or given any promise or undertaking which is not expressly set out
in writing whether as to the fitness of the goods for any particular
purpose or any other matter.
20. APPLICABLE LAW;
These Terms of Trade shall be governed by and construed in accordance with the
laws in force in the State of New South Wales Australia and the
parties submit to the non-exclusive jurisdiction of the Courts
of that State
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