VLAND PTYLTD(Trade As VLAND AUTOGAS EQUIPMENT)
TERMS AND CONDITIONS OF SALE
THESE ARE THE ONLY EXPRESS TERMS, CONDITIONS AND WARRANTIES UPON AND SUBJECT TO WHICH GOODS MAY BE SOLD BY THE COMPANY TO THE CUSTOMER. THEY MAY BE VARIED OR WAIVED BY THE COMPANY ONLY IN WRITING. THE CUSTOMER SHOULD NOT RELY ON ANY PROMISE, REPRESENTATION, ADVICE OR WARRANTY OTHER THAN THOSE CONTAINED HEREIN. THE COMPANY SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER TO THE CUSTOMER OTHER THAN IN ACCORDANCE WITH THESE EXPRESS TERMS AND CONDITIONS AND ANY TERMS AND CONDITIONS WHICH MAY BE IMPLIED BY LAW. BUYER’S STATUTORY RIGHTS. These Conditions of Sale shall not exclude, limit, restrict or modify the rights, entitlements and remedies conferred upon the Buyer, or the liabilities imposed upon the Seller, by any condition or warranty implied by a Commonwealth, State or Territory Act or Ordinance, rendering void or prohibiting such exclusions, limitation, restriction or modification.
1. GENERAL. In these Conditions of Sale:
a) The Company shall mean VLAND PTY LTD.
b) The Customer shall mean the addressee of this document or quotation.
c) The contact shall include any terms and conditions set out in or accompanying the Company’s tender or quotation, together with the following terms and conditions and IN THE EVENT OF ANY INCONSISTENCY THE FORMER SHALL PREVAIL.
d) In any legal actions the purchaser agrees to have such matters determined within jurisdiction of the Victorian Courts.
2. QUOTATIONS. Unless otherwise stated the Company’s tender or quotation will be valid for a period of thirty days from date of Issue, after which time acceptance of any order placed is subject to written confirmation. The date of acceptance shall be the date upon which notice in writing of acceptance by the Customer of a tender or quotation is received by the Company.
3. PRICE. Unless otherwise stated all prices quoted are ex our works/despatch centre and do not include freight, insurance or sales taxes. The contract price is based on the cost from the Company’s principals or subcontractors, plus duty, landing and other inward charges and cost including foreign exchange costs ruling at the date of quotation unless otherwise stated, and if variations should occur prior to delivery ex the Company store the contract price may be amended by the Company.
4. TAX. When applicable Tax will be charged to the Customer at the rate ruling at the date of Invoice.
5. DELIVERY. Availability of stock is as quoted subject to receipt of prior orders. Every endeavour will be made to complete delivery within the period stated but no liability can be accepted in regard thereto. Unless otherwise stated the Company will not accept cancellation of an order due to late delivery, nor shall it be liable for consequential damages of any kind arising out of late delivery or non-delivery. Delivery may be made in one or more parcels and at different times or by separate shipments or deliveries. Each parcel shall form a separate contract, delivered and be accepted and paid for accordingly, not withstanding late delivery or non-delivery of any parcel.
6.TERMS OF PAYMENT. Terms of payment for approved credit account customers are nett 7 days for equipment otherwise nett 30 days. For non account customers terms are nett cash on delivery. or pre payment as stated by company For extended delivery contracts or for equipment engineered to Customers specification, progressive payments will be required and such terms will be stated on the quotation. The company reserves the right to charge interest up to 1.5% per month on overdue accounts. Credit facilities may be withdrawn at the Company’s discretion without notice, following any breach of any terms or conditions by the purchaser.
7. PASSING OF TITLE AND RISK, DAMAGE IN TRANSIT AND REPOSSESSION.
a) It is expressly agreed that the title to equipment sold hereunder shall not pass to the customer until payment has been received in full by the Company but the equipment or the part thereof delivered shall nevertheless be at the customer’s risk from the time of delivery and the customer shall indemnify the Company against all loss or damage to the equipment from whatever cause occurring after such time and the Company shall not be under any obligation to give any statutory notice or other notice that it accepts no responsibility.
b) If the customer shall fail to pay for the equipment in full by the due date or, if the customer shall before then become bankrupt or commit any act of bankruptcy or, compound with its creditors or, go into liquidation whether voluntary or otherwise or have a Receiver or Manager appointed, the Company is irrevocably authorised at any time thereafter to enter upon any premises where the equipment is situated and to take possession of and remove the same.
8. INSURANCE. The Company will not insure any deliveries unless instructed in writing to do so. All insurance charges so incurred will be charged to the customer.
9. STRIKES, LOCK-OUTS & OTHER MAJEURES. The Company will not be responsible for any loss or damage or delay arising from strikes or lock-outs or from any clauses beyond its control including, without being limited to: - “unavailability of raw materials, riots, fires, floods, breakdowns, Act of God or of governments, whether these factors affect the Company or its suppliers and whether occurring within or outside of Australia”.
10. INSPECTION AND CLAIMS FOR A DEFECTIVE DELIVERY. Subject to the rights conferred on a consumer under the Trade Practice Act 1974 (as amended) where such is applicable, the customer is responsible for immediate examination of equipment upon delivery and any deficiency or damage thereof must be reported to the Company in writing within 7 days of receipt otherwise no claim for such damage or deficiency will be entertained.
11. RETURN OF GOODS. Subject to the rights conferred on a consumer under the Trade Practices Act 1974 (as amended), where such is applicable to the return of goods, when goods are returned to the Company for any reason whatsoever, prior arrangements for their acceptance must have been made by the Company. Unless such prior arrangements are made, the Company will not accept any responsibility or liability for goods returned, unless such obligation is implied by law. If credit is required for the goods returned the Customer must advise the Company of the date, delivery point and document numbers relating to the original delivery and should obtain proof of delivery to the Company. The goods must be in good order and condition. If goods are returned by the Customer for reasons other than defective delivery or warranty, unless other arrangements are made, the credit allowable will not exceed 80% of the net invoice value of the goods at date of delivery. Except in the instance of defective delivery the Customer is responsible for all freight and cartage charges to the Company’s store.
12. ALTERATIONS & ADDITIONS. If after commencement of design, production or manufacturer by the Company any specification changes are requested, the cost of such changes will be borne by the Customer and the delivery time as originally advised may be adjusted by the Company.
13. QUALITY AND TECHNICAL INFORMATION. Unless otherwise specified in the Company’s quotations or order confirmation, all equipment will be of standard design and manufacture, and according to the quoted standards, carefully inspected and where applicable submitted to its standard test at the works before despatch. Specifications, drawings and particulars of weights and dimensions specified by the Company are to be regarded as approximate only. Descriptions and illustrations contained in catalogues, price lists and other written material are intended merely to present a general idea of the goods described or illustrated therein and they shall not form part of any contract.
14. WARRANTY. The Company will conform to the general conditions outlined for the supply of Plant and Machinery for Export prepared under the auspices of the United Nations Economic Commission for Europe, Geneva, March 1953. Save where the Customer is a consumer for the purposes of the Trade Practices Act 1974 (as amended) or where the transaction is a consumer sale for the purposes of State legislation applicable to the sale of goods, the only express warranty given by the Company is that set out below and all implied terms, conditions and warranties, statutory or otherwise, are hereby expressly negated. The Warranty period shall commence from the date of Invoice delivery to the Customer. Any variation to this period must be agreed to by the Company in writing. THE COMPANY’S EXPRESS WARRANTY IS LIMITED TO NEW VLAND PTYLTD EQUIPMENT AND IS FOR A PERIOD OF 12 MONTHS OR 20000 km OFOPERATION, WHICHEVER OCCURS FIRST, UNLESS OTHERWISE AGREED IN WRITING The Company’s express warranty is limited to defects resulting from faulty design, materials workmanship only, fair wear and tear excepted, but does not include freight charges, labour costs and travelling expenses incurred by the Company on warranty work. or any other incidental or incurred costs. All parts claimed to be defective are to be returned at the Customer’s risk and freight paid to VLAND EQUIPMENT SERVICE AGENT for examination. The correct operation and maintenance of the equipment in accordance with the directions laid down in the operating manual supplied, is the purchaser’s responsibility and any contravention of these instructions will render the warranty null and void. In the case of equipment not of the Company’s manufacture, the Company’s express warranty is limited to the extent, if any, of the warranty given by the manufacturer to the Company or set out in any operation, maintenance or parts manuals issued with the equipment. The Company’s express warranty only covers equipment supplied by Vland and does not cover consequential damages resulting from failure of parts or equipment or subsequent expenses or losses. This warranty is extended by the Company only to the first user of VLAND equipment purchased from the Company or from one of its authorised distributors and may not be transferred to any other person. This restricted application of the VLAND warranty shall not be taken as excluding, restricting or modifying the application of any provision of Division 2 A of Part V of the Trade Practices Act 1974 (as amended).
15. `LIMITATION OF LIABILITY IN CONSUMER TRANSACTIONS. In connection with the supply to a consumer of any goods or services within the meaning of the Trade Practices Act 1974 (as amended), other than goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, the liability of the Company in the event of a breach of a condition or warranty implied by the Act (other than a condition or warranty implied by Section 69) is limited, subject to Section 68A of that Act, at the option of the Company:
a) In the case of goods, to any one or more of the following:
(I) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(iv) the payment of the cost of having the goods repaired; or
b) In the case of services;
(I) to the supplying of the services again; or
(ii) to payment of the cost of having the services supplied again.
16. NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS OR NEGLIGENCE. The Company shall not in any event be liable for contingent, consequential, indirect, special punitive, or any other similar damages or for any injury to person or property whether arising under a breach of warranty or contract, or negligence (commission, omission or advice) or other tort, strict liability or otherwise and howsoever caused.
17. EXCLUSION OF OTHER TERMS. The above terms and conditions shall apply to all quotations given by the Company to the exclusion of any other terms and conditions in any document submitted by the customer to the extent that such last mentioned terms or conditions are inconsistent there with or with any rights of the Company expressed or implied by law. No modifications thereof shall be binding upon the parties hereto or either of them unless such modifications shall be in writing duly executed by the Customer and approved by the Company.