Download Hurll Nu-Way Conditions of Sale

CONDITIONS OF SALE
GENERAL
1.
In these conditions, Hurll Nu-Way Pty Ltd A.B.N. 80 000 014 639 is referred to as “the Company”, and any other company, firm,
person with whom the Company contracts is referred to as “the Customer”.
2.
The Company’s quotation is a not an offer and no order placed with the Company shall be binding on the Company until such order is
accepted in writing, or executed by the Company. Any contract made between the Company and the Customer (hereinafter called the
Contract) shall be deemed to incorporate these Conditions of Contract. Special conditions detailed in the quotation shall take
precedent to terms in these standard conditions of contract.
3.
No variation to these Conditions is accepted by the Company, until such variations are agreed in writing by the Company. General
terms and conditions accompanying a Customer order are not accepted by the Company unless specifically so advised, in writing ,by
the Company. Without in any way limiting the generality of the foregoing if the goods are to be manufactured in accordance with the
Customer’s specification the Company does not warrant the suitability for purpose, the performance of the design or the suitability of
materials if such materials are selected by the Customer.
4. DELIVERY POINT, CARTAGE & INSURANCE
The Company shall effect delivery at the Company’s premise in Melbourne or other point named in the Company’s quotation.
Notwithstanding any prepayment of transport charges the Company’s responsibility for delivery ceases at this point. Transport
insurance is the responsibility of the customer.
5. WARRANTY & DEFECTS LIABILITY PERIOD
(a) The Company will repair or replace at its option, free of charge, any goods supplied by it and of its own manufacture which are
returned to the Company’s works, carriage paid by the Customer and which are shown to the Company’s satisfaction to be
defective by reason of faulty material or workmanship. The warranty period is 18 months from the date of dispatch from the
Company’s premises in Melbourne or 12 months from startup, whichever period is sooner, or other period stated in the quotation
or subsequent Contract. The warranty period for repairs or replacements, carried out by the Company, is 3 months from
completion of the rectification work, but at least to the expiration of the original warranty period of the Contract.
(b) In respect of any goods not manufactured by the Company the Customer shall be entitled to the benefit of the guarantee (if any)
given by the manufacturer thereof subject to the terms of such guarantee (if any) and to the extent that it is possible to make
available to the Customer the said benefit.
(c) The warranty described in (a) and (b) above is inclusive of any other warranty required or implied by Law.
(d) It is a condition precedent to any liability of the Company under this Condition that the Customer shall duly have paid all sums
due and payable by him to the Company under the Contract.
(e) In respect of defects in goods delivered and/or in rectification of defects within the terms of (a) or (b) above, the Company shall
not be liable for any consequential costs or damages resulting from such defects or from any work done in connection therewith.
In the event of work done at the Customer premise or at the place of a third party, the Customer shall provide, without charge to
the Company, normal work facilities and amenities as detailed in item 12.
6. GUARANTEES OF PERFORMANCE
(a) Unless otherwise expressly stated in the Contract, any figures or statements as to the performance of the goods set out herein or
other plant are accurate to the best of the Company’s belief. Any figures given for performance are based upon the Company’s
experience, and are such as the Company expects to obtain on test. The customer assumes responsibility that the specified
capacity and performance of the goods/plant will be sufficient and suitable for the purpose.
(b) If express provision is made in the Contract for the Company to guarantee any such figures or statements then in the event of the
Company failing to supply goods or do work which reasonably achieves or complies with the same, the Company shall be entitled
to a reasonable period thereafter and to reasonable facilities to enable it to bring the goods or work up to the guaranteed standard.
(c) If paragraph (b) of this condition applies, in the event of the Company failing to bring the goods or work up to the guaranteed
standard within a reasonable period, the Company shall only be liable to accept the return of the goods concerned and to refund to
the Customer the price or any part of the price of such goods paid by the Customer.
7. CONTRACT PRICES & VARIATIONS
Unless otherwise specified in the Contract, the contract prices are subject to increase where there have been changes to any of the
following since the date of the quotation, which caused increase in cost to the Company.
The costs of goods, services, materials and labour before the delivery and/or taking over of the goods or services by the Customer.
Rates of foreign exchange applicable to the contract, since date of quotation or rate stated in the quotation to the rate applicable as
paid by the Company to it’s supplier for goods or services relevant to the Contract. The Company’s international cheque voucher will
certify the paid rate.
Rates of Government taxes, duties or levies or additional taxes, duties or levies applied after date of quotation.
The amount of any increase of cost to the Company resulting from such changes and which may properly be allocated to the Contract
shall be added to the price or prices stated in the Contract and the Customer shall pay such amounts in addition to such price or prices.
All prices are exclusive of GST unless expressly stated otherwise.
HURLL NU-WAY PTY LTD
ABN 80 000 014 639
Head Office :Melbourne: PO Box 339 / 14 Aristoc Road, GLEN WAVERLEY Vic 3150 Ph: 03 8561 1600
Sydney Brisbane Perth Auckland
Customer Service: 1300 556 380
[email protected]
565343766
ACN 000 014 639
Fax: 03 9560 8992
www.hnw.com.au
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8. PAYMENT
Unless otherwise provided in the Contract, payment for goods dispatched or services completed, shall be net cash within 30 days of
the date on the Company’s invoice, which will not be dated prior to dispatch of the goods or services completed unless requested by
the Customer. If the Customer does not take delivery at the contract delivery date and the goods are ready for delivery, the Company
will submit the invoice and payment shall be within 30 days of invoice date. If the Customer requires to delay from the contract
delivery date, the delivery of completed goods, the goods will be placed in suitable commercial storage and all associated charges are
to be paid by the Customer.
9. TIME OF DELIVERY
(a) The Company will deliver the goods and services to the Customer within a reasonable time. The Company will endeavour to
comply with any date or dates in the Contract but is not under an absolute obligation so to do.
(b) Except in the case of gross negligence by the Company, if the Company shall fail to comply with any such date or dates the
Customer shall not be entitled to treat such failure as a breach or a repudiation of the Contract or to claim damages in respect
thereof or to rescind the Contract in whole or in part, but the Customer shall agree to a new and reasonable date or delivery period.
(c) Should the Company be prevented from delivering the goods at the time provided for delivery by reasons outside it’s control, such
as but not limited to, lock-outs, strikes, riots, mutiny, fires, ice or other unexpected or exceptional causes existing either at the
Company’s works or at a related third party place, delivery shall be extended until the operation of the cause preventing delivery
has ceased or the Contract may at the Company’s option be annulled. (Such option to be exercised and notice thereof given to the
Customer in writing at any time during the period fixed for delivery but not thereafter).
Should the Company be prevented from delivery of part of such goods, by any causes outside its control whether due to strikes,
lock-outs, fires, accidents or any other delay, it shall deliver and the Customer shall take such part of such goods as the Company
shall be able to deliver, at the time fixed for delivery. The Customer shall pay for the part delivered by the same proportion of the
price as the part delivered bears to the whole of the goods agreed to be sold. In the event of any such causes as are enumerated in
the sub-clause coming into operation, the Company shall be the sole judge of whether it is able to deliver any and (if any) what
part of such goods and it shall during the period fixed for delivery, give notice in writing to the Customer specifying the part, if
any, of such goods which it is able to deliver.
(d) Without in any way limiting the effect of clause 9(a), (b) or (c), the Customer is entitled to withdraw from the contract if the
Company is found unable to complete the delivery, after the expiration of a reasonable period of time. Except in the case of gross
negligence by the Company, Customer not shall be entitled to treat such failure to deliver as a breach or a repudiation of the
Contract or to claim damages in respect thereof.
10. TITLE TO GOODS
The goods sold shall be at the Customer’s risk after delivery to the Customer in terms of Condition 4. The ownership of the goods
delivered by the Company remains vested in the Company until the entire purchase price has been paid.
11. GOVERNING LAW
The Contract shall be governed by and constructed in accordance with the laws of the State of Victoria
12. WORK AT SITE
In addition to the foregoing conditions the following conditions apply when any work, including testing is to be done by the Company
in or on the premises of the Customer or of any third person:
(a) The Customer, in connection with such work, undertakes to provide or to procure the provision of (i) proper and safe storage and protection of the goods on site and of all tools, plant and equipment of the Company;
(ii) free and safe access to the site and to the point at which the work is to be executed;
(iii) all facilities and services including fuel, material, cranage and labour necessary to enable such work to be carried out safely
and expeditiously.
(iv) all materials and/or ingredients for testing purposes and the Company will not be held responsible for any such material spoilt
or wasted during such testing;
(v) If such work includes the installation of any of the goods, all builders’ work, foundations, cutting away and making good and
further undertakes to ensure that all plant and equipment is ready to permit the goods to be tested on completion of such
work.
(b) The Customer shall pay to the Company, the amount of any expenses incurred by the Company, by reason of any breach by the
Customer of paragraph (a) of the Condition (but without prejudice to the Company’s right to recover damages therefor) and a
certificate from the Company’s Auditors, certifying any such amount shall be conclusive and binding on the Company and the
Customer.
HURLL NU-WAY PTY LTD
ABN 80 000 014 639
Head office: Melbourne: PO Box 339 / 14 Aristoc Road, GLEN WAVERLEY Vic 3150 Ph: 03 8561 1600
Sydney Brisbane Perth Auckland
Customer Service: 1300 556 380
[email protected]
565343766
ACN 000 014 639
Fax: 03 9560 8992
www.hnw.com.au
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