Terms and Conditions of Supply
All sales orders given to Condingup Machinery Wreckers (“Vendor”) are subject to the following Terms and Conditions:
1. FORMATION OF CONTRACT
Upon acceptance by the Vendor, all orders placed with, and all sales transacted by the Vendor whereby goods and/or services are supplied, provided and/or delivered by the Vendor to the Purchaser, shall constitute a contract for sale of Goods between the Vendor and the Purchaser upon the terms, conditions and other provisions as set out in these Terms and Conditions. No contrary, additional or different terms, provisions or conditions shall be binding on the Vendor unless accepted by the Vendor in writing.
2. COMPLETE AGREEMENT
This document represents the full and final agreement of the parties regarding these Terms and Conditions.
The Purchaser understands and agrees that:
a) No modification or waiver of these Terms and Conditions shall be effective unless made by an authorised representative of the Vendor in writing addressed to the Purchaser and specifically referring to these Terms and Conditions;
b) No course of action on the part of the Vendor shall be deemed to modify these Terms and Conditions;
c) The Vendor’s acknowledgment or acceptance of anything in writing from the Purchaser which is in conflict with these Terms and Conditions and any subsequent delivery of Goods shall not constitute a modification or waiver of these Terms and Conditions.
Notwithstanding that all sales may be for goods of a specific description, the Purchaser acknowledges that the Goods are each described in general terms only. The final invoice shall cover the specific quantities of items listed on the face thereof.
5. VENDOR’S WARRANTIES
With respect to any implied term, warranty or condition not permitted to be excluded by law, to the extent permitted by law, the liability of the Vendor shall be limited to, at the Vendor’s option:
a) The replacement of the Products or the supply of equivalent products;
b) The repair of the Products.
6. PAYMENT & TITLE
a) The Purchaser agrees to pay the Vendor the price in full before the despatch of Goods, unless the Purchaser has completed and returned a Credit Application Form and the Vendor has agreed to extend credit to the Purchaser, in which case the Purchaser agrees to pay the price in full on or before the expiry of the agreed payment period.
b) If the price is not paid in full as and when due in accordance with the agreed terms, the Vendor shall have the right to charge interest at a rate of 1.5% per month from the due date until it is paid and should the account be referred to a collection agency, the Purchaser shall pay an additional 20% collection fee plus legal costs on a solicitor/own client basis.
c) No title to the Goods shall pass to the Purchaser until the Purchaser has paid the purchase price for the goods sold as shown on the face of the invoice, in full. Ownership and title to any repairs or additions to the Products that are made before title in the Goods vests in the Purchaser shall be subsumed in the Vendor’s title in the Products. The Purchaser shall hold the Goods as bailee for the Vendor and shall surrender the Products to the Vendor on demand.
d) If, prior to title in the Goods passing to the Purchaser, the Purchaser purports to sell any of the Goods to a bona fide third party for value without notice of the Vendor’s title and title passes to that third party, the Vendor shall have title to the proceeds and the Purchaser shall hold the proceeds of sale on trust for the Vendor and shall keep the proceeds separate from the Purchaser’s other monies.
The Purchaser charges his land and land in any associated family company or trust with any monies outstanding outside the standard 30 day terms and authorises the Vendor to lodge a Caveat to secure the Vendor’s interest.
The Vendor shall deliver all Goods to a carrier or agent for transport/delivery to the Purchaser’s place of business or as directed, with all costs of transport borne by the Purchaser. The Purchaser shall bear all risk of loss with respect to the Goods from the moment the Goods are received by the carrier or agent.
9. DISCLAIMER OF WARRANTIES
a) All goods are purchased by the Purchaser ‘as is’ and ‘with all faults’, and the Vendor makes no representation or warranty (express or implied) including, but no limited to, warranties of merchantability or fitness for a particular purpose or any other matter with respect to the goods.
b) The Purchaser understands and accepts that:
1. all goods supplied by the Vendor are second hand unless specified as new;
2. subject to Clause 5, no warranty applies to second hand goods;
3. subject to Clause 5, the Vendor shall not be liable for any defects, malfunctions, claims for loss, damage or injury of any kind whatsoever to the Purchaser.
10. DISCLAIMER OF LIABILITY
Under no circumstances will either party be liable for any loss of profits or any consequential, indirect or special loss, damage or injury of any kind whatsoever suffered by the Purchaser and/or its servants, agents and contractors and the Purchaser acknowledges this express limit of liability and agrees to limit any claim accordingly.