Terms & Conditions

Terms and Conditions of Sale

1. Conditions
   An order placed by a buyer is deemed to be accepted by the seller on these conditions.
2. Inconsistency
   In the event of an inconsistency between these conditions and a buyer’s order then:
   2.1 Unless otherwise expressly agreed in writing by the seller, these conditions shall apply;
   2.2 Any additional terms or conditions added by the buyer outside these conditions shall not be binding on the seller.
3. Quotations
   3.1 A quotation given by the seller does not constitute an offer, and no agreement shall arise until the buyer’s order is accepted by the seller in writing or the seller commences work on the order, whichever is the earlier.
   3.2 Prices quoted by the seller are valid for 30 days unless otherwise agreed in writing.
4. Price
   Unless expressly stated, the price of the goods and services does not include GST, which, in addition to the price, must be paid to the seller at the time the seller’s invoice is paid.
5. Description
   Any description of the goods is given by way of identification only, and the use of such description shall not make the contract a sale by description.
6. Fitness for Purpose
   6.1 Unless expressly agreed otherwise, the buyer makes its order in reliance upon its own inquiries and judgment as to the fitness of the goods for any purpose and does not rely upon any advice or representation of the seller.
   6.2 Unless otherwise agreed in writing, all goods supplied (including manufactured goods) are intended for use on passable sealed roads. The buyer agrees that use on damaged, unsealed, or rough roads constitutes abnormal use.
7. Terms of Payment
   7.1 Payment of all invoices must be made in full prior to delivery unless otherwise agreed.
   7.2 A purchase on credit entitles the seller to register a financing statement, including a PMSI under PPSA.
   (More detailed clauses follow regarding payment security and obligations under the PPSA.)
8. Property and Title
   Goods remain the property of the seller until paid for in full.
9. Storage of Goods
   Until goods are fully paid for, the buyer must store them separately and clearly identifiable as the seller’s property.
10. Repossessing Goods
    The seller may repossess unpaid goods under specific conditions outlined in this section, including indemnification against claims for repossession.
11. Consumer Warranties
    The seller provides guarantees as required under the ACL for goods or services supplied to consumers.
12. Commercial Warranty
    12.1 Warranties on equipment, parts, and service labor apply under specified terms.
    12.2 The seller’s liability is limited to the repair, replacement, or cost reimbursement of goods.
13. Property and Risk
    Risk of loss passes to the buyer on property transfer or physical delivery, whichever occurs first.
14. Delivery
    14.1 The seller endeavors to deliver goods within specified timeframes but is not liable for delays due to unforeseen circumstances.
    14.2 Goods are at the buyer’s risk once dispatched from the seller’s premises.
15. Claims for Short Delivery
    Claims for short or incorrect delivery must be made within 14 days of receipt.
16. Waiver
    A waiver of strict performance does not negate future rights under these terms.
17. Instalments
    The seller may deliver goods in instalments and demand proportional payment per instalment.
18. Interest on Overdue Accounts
    Overdue payments may accrue interest at a rate exceeding the seller’s bank’s overdraft rate by 2%.
19. Notices
    Notices between parties can be sent via email, fax, or prepaid mail.
20. Governing Law
    Contracts are governed by the laws of Western Australia.