TERMS AND CONDITIONS OF SALE
- These terms and conditions shall apply for all orders accepted by the Supplier and all quotations accepted by the Customer and shall override all prior statements, representations, warranties, promises and inducements made by either party whether made orally or in writing unless the same shall have been expressly agreed to in writing by and between the parties.
- Unless otherwise agreed by the Supplier in writing payment for all goods shall be on a net cash basis upon installation or delivery of the goods, whichever shall be applicable, unless the Customer has an account with the Supplier. Payment for any goods purchased on account shall be on a net cash basis no later than end of the month immediately following the month in which the goods are delivered. Notwithstanding the covenants hereof the Supplier shall at all times have the right to vary the terms of payment and to require payment in cash in full prior to any further delivery should the credit worthiness of the Customer at any time become in the Supplier’s opinion unsatisfactory.
- Every quotation tender or other offer made by the Supplier shall be valid only if made in writing and the Supplier shall have the right to withdraw or alter such quotation, tender or offer at any time before the Customer shall have communicated in writing to the Supplier acceptance of such quotation, tender or offer. All prices quoted exclude GST, and any other Government levies & charges. The GST amount is shown separately. The Customer shall be and shall at all time retain responsibility for the payment of all such taxes, levies and/or charges. All Quotations, tenders or other offers shall be valid only for and during the period stipulated in such quotation, tender or offer. The Customer shall not be at liberty to accept a portion only of a quotation, tender or offer and unless the Customer shall accept in writing the entire quotation, tender or offer the Supplier shall have the right to reject the Customer’s order or acceptance. The goods shall be delivered by the Supplier to the Customer to the address nominated by the Customer provided nevertheless that from the time of the dispatch thereof from the Supplier’s Manufacturing premises and until such delivery the risk of any loss or damage to or deterioration of the said goods from whatever cause arising shall be borne by the Customer. The Customer shall at all times bear the cost of freight unless the parties shall have agreed otherwise to the contrary in writing.
- The Supplier shall not be bound to accept any variation to the contract requested by the Customer. All variations accepted by the Supplier shall entitle the Supplier to charge to the Customer all additional costs and expenses incurred by the Supplier to comply with the variation. If in the event the Supplier shall have provided to the Customer a specific time for the carrying out of the contract such time shall be extended for such period as shall be reasonable for the Supplier to carry out and perform any variation in the contract.
- The Customer shall inspect the goods immediately upon delivery or installation. No claim for shortages or damage or defective goods or failure to carry out installation in a good and workmanlike manner may be made against the Supplier by the Customer unless written notice of such claim is communicated to the Supplier within seven (7) days of delivery or completion of installation. If the Customer fails to advise the Supplier of any such faults or failure within such period the Customer shall be deemed to have accepted that the goods are in all respects in accordance with the contract or that installation has in all respects been carried out in accordance with the contract and the Customer shall be bound to accept and pay for the same accordingly. The Customer must use Forpark Australia’s own warranty claim form and proof of purchase.
- It shall be the responsibility of the Customer to ensure that the use to which the said goods are put by the Customer are reasonable for such use and purpose and the Supplier shall not be responsible for any claim, damage, expense and/or cost resulting from or arising out of the use of the goods by the Customer irrespective of whether such claim, damage, expense and/or cost arises out of any alleged defect in the goods and the Customer shall at all times indemnify and keep the Supplier indemnified from and against any such claims, damages, expenses and/or costs howsoever and whensoever arising.
- Where installation of equipment forms part of the contract the Supplier shall carry out and perform such installation in a reasonable, skillful and diligent manner and in accordance with the procedures laid out in the installation manual subject nevertheless to any specifications otherwise advised in writing by the Customer to the Supplier in which event the Customer shall be liable and responsible for any damage, defect or default arising out of the installation of the equipment.
- During the erection of any equipment where access to the equipment is unrestricted, the Supplier or his contractor shall provide protection for the general public in the form of safety bunting and/or warning signs.
- Upon completion of installation the Supplier shall take all responsible steps to ensure that the site is left clean and tidy to the reasonable satisfaction of the Customer with all rubbish removed from the site. Upon completion of the installation the Customer shall inspect the site and shall upon request sign the Inspection Report whereupon the site and responsibility therefore shall be handed over and accepted by the Customer and thereafter all monies owing under the contract shall immediately become due and payable subject nevertheless to the provisions of clause 2 hereof.
- The Supplier and all contractors and/or workmen provided by the Supplier shall at all times keep and maintain insurance of Worker’s Compensation Liability, Public Liability and such other insurances as the Supplier shall consider reasonable appropriate to the circumstances of each contract. Copies of the Insurance Policies therefore will be made available to the Customer by the Supplier within a reasonable time after demand for the same.
- Where the contract provides for the goods to be supplied and/or installed within a specified time the Supplier shall not be responsible or liable for any loss, damage, cost or expense where the Supplier is or has been unable wholly or in part due to causes not reasonable within the control of the Supplier to carry out perform any obligation under the contract and if such obligation is suspended in so far as it is effected by such cause during the continuance of such cause. Further the Supplier accepts no responsibility whatsoever for any delays arising or caused by or during period the goods are in transit from the Supplier’s place of dispatch to the Customer’s place of destination.
- Title to and property in the goods shall remain with the Supplier and the Customer shall have no ownership or property rights in the goods until all amounts payable to the Supplier shall have paid in full whereupon title and property in the goods shall pass to the Customer. Until title and property passes to the Customer the Customer shall not sell, assign, transfer, declare a trust in respect of or otherwise dispose of or other charge, mortgage or otherwise encumber the goods. Further during the period between the delivery date and the date upon the which the title to and property in the goods passes to the Customer, the Customer shall indemnify and keep indemnified the Supplier against any loss, damage, cost and/or expense incurred by the Supplier in respect of any damage or loss to the goods which occurs during that period.
- In addition to and without prejudice to any other Statutory and Common Law rights and remedies available to the Supplier, if the Customer fails to pay for the cost of the goods or the installation charges therefore or fails to observe or perform any obligation to be observed and performed by the Customer pursuant to this agreement the Supplier may at its absolute discretion enforce any or all of the following remedies:(a) Sue the Customer for such sum or sums as shall be then due and owing.(b) Withhold delivery and all the said goods or any portion thereof or the installation thereof the Customer remedies such breach.(c) By notice in writing to the Customer terminate this agreement and retain all or any monies paid by the Customer and if the Supplier thinks fit,
- i. Resell the said goods and recover from the Customer any deficiency on resale after charging the Customer for all expenses incurred in connection with such recovery and
- ii. Treat the Customer as having repudiated this agreement and recover from the Customer the loss of profit on the transaction after allowing for any monies, if any, paid as at the date repudiation and
- iii. Recover possession of the said goods from the person or creditors of the Customer and the Customer shall assist and indemnify the Supplier in relation to such recovery and
- iv. Recover from the Customer a bona fide free estimate of damage interest at the rate of 1.5% per month on so much as shall remain then due and owing.
- Neither party shall assign nor purport to assign any of its rights under this agreement without the prior written consent of the other party.
- If a provision hereof is void or voidable by either party or unenforceable or illegal but would not be void or voidable or unenforceable or illegal as aforesaid if it were unenforceable read down and being incapable of read down it shall be read down accordingly.
- This agreement takes effect, is governed by and shall be construed in accordance with the laws from time to time in force in the State of Western Australia.
- [These conditions of sale apply from 1st July 2010]