Terms & Conditions
The following general terms and conditions of sale
(“Terms”) form part of the Contract. If the Company has provided a written quotation, the terms of that written quotation prevail over these Terms to the extent of any inconsistencies.
1.1 In the Contract, unless otherwise provided, the following words have the following meanings:
(a) “ACL” means the Australian Consumer Law Schedule to the Competition and Consumer Act.
(b) “Company” means the company supplying Goods or Installation Services to the Purchaser.
(c)“consumer” is as defined in the ACL and in determining if the Purchaser is a consumer, the determination is made if the Purchaser is a consumer under the Contract.
(d) “Contract” means the agreement for the provision of Goods or Installation Services by the Company to the Purchaser comprising of the page headed “Contract of Sale”, the Terms and the Schedule.
(e) “Force Majeure Occurrence” means one or more of the following: strikes, unforeseen breakdown of machinery, suspension of electricity or other relevant power supply, riots, war, robbery, civil commotion, adverse non foreseeable weather conditions, disaster caused by fire and/or water, action of government or port authority, delay of vessel, railroad embargoes, inability to obtain transportation facilities, failure of an original equipment manufacturer to supply the Goods or any part thereof in a timely fashion or at all.
(f) “Goods” means goods supplied by the Company to the Purchaser.
(g) “GST” means GST within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth). (h) “Installation Services” means the levelling and positioning of the Goods, removal of travel clamps, aligning of any auxiliary equipment, connection of all necessary air and power supplies at the machine, and checking and adjusting where necessary all lubricant levels but DOES NOT include the provision of a level site of sufficient strength capability for the Goods, the provision of which is the sole responsibility of the Purchaser.
(i) “Proprietary Information” means any and all information relating to the Goods or their Installation including designs, drawings, instruction booklets, specifications, circuit drawings, componentry, trademarks and patents and any and all proprietary information, intellectual property and copyright in such proprietary information.