(A Business Unit Of Eastern Pneumatics & Hydraulics P/L)

A.B.N. Number 63 072 479 291

TERMS AND CONDITIONS OF SALE

 

GENERAL:  In these conditions of sale.  The Company shall mean Eastern Pneumatics & Hydraulics Pty. Ltd. The customer shall mean the addressee of this document, invoice or quotation.  A Contract

shall include any terms and conditions set out in or accompanying the Company’s tender or quotation, together with the following terms and conditions and in the event of any inconsistency the former shall prevail.

 

QUOTATIONS:  Unless otherwise stated in writing the Company’s Tender or Quotation will be valid for a period of thirty days from the date of issue, after which time acceptance of any order placed is subject to written confirmation. The date of acceptance shall be the date upon which notice in writing of acceptance by the customer of a tender or quotation is received by the Company

QUOTATIONS DO NOT INCLUDE GST.

 

QUOTED PARTS:  Where we specify certain brands of parts on a quotation and these parts are either not available, delivery time exceeds our requirement or not enough technical information is available to us, we reserve the right to supply alternative products as we see fit.

 

PRICE:  All prices quoted are ex the Company’s store and do not include freight, insurance or tax charges.  The contract price is based on the cost from the Company’s principals plus duty, landing and other inward charges and costs including foreign exchange costs ruling at the date of quotation unless otherwise stated, and if variations should occur prior to delivery, ex the Company store; the contract

price may be amended by the Company.

 

DESIGN: Where by a customer specifies the use of any product or where a general or detailed specification is supplied, the design and the operation of the product against the specification/design is the responsibility of the customer.  We will not warrant or guarantee the operational function of any machine where the design or specification has been supplied.  We will still cover all parts under manufacturer’s warranty if this applies.

 

GOODS AND SERVICE TAX:   When applicable G.S.T. will be charged to the customer at the rate ruling at the date of invoice.

 

QUOTATIONS DO NOT INCLUDE GST

 

WARRANTY: A 12 month warranty is offered on all new products from date of purchase. This warranty

is only valid if the product is used at the correct pressure and temperature as specified to date sheets

as well as clean dry compressed air to 10 micron or better filtration and in the event of Hydraulics a minimum of 10‐micron filtration.   We shall repair warranty claims or replace them at our discretion.

All warranty items must be returned to our factory at customer’s expense.

 

Our Warranty excludes removal, disconnection, delivery, re-connection and commissioning of any equipment.

 

The Company will not warrant any product that has been disassembled or adjusted in any way by a Customer or Third Party unless the Company agrees in writing prior to any adjustment or disassembly taking place.

This includes 3rd Parties.

 

Repaired Products receive a three month warranty.

 

EXTENDED WARRANTY:  From time to time the Company may offer an extended warranty in good faith.  This warranty is offered under the following terms and the Company reserves the right to withdraw this if any of the following conditions are not met.

 

1. Pressure.  Temperature of filtration levels are outside the required level as per product specifications and/or above warranty.

2. Full payment (ie cleared funds) of goods is not received within 45 days from the end of month in which goods were supplied.

 

You must receive a extended warranty conformation from the company for this to apply.

 

DELIVERY:  Availability of stock is quoted subject to receipt of prior orders.  Every endeavour will be made to complete delivery within the period stated but no liability can be accepted in regard thereto. Unless otherwise stated the Company will not accept cancellation of an order due to late delivery, nor shall it be liable for consequential damages of any kind arising out of the late delivery or non‐delivery.  Delivery may be made in one or more parcels and at different times or by separate shipments or deliveries.  Each parcel shall form a separate contract, delivered and be accepted and paid accordingly, notwithstanding late delivery or non‐ delivery  of  any  other  parcel. Where  goods  are  being  shipped  from  anywhere  other  than  our  Eastern Pneumatics + Hydraulics Melbourne office goods are quoted FOB and are classed as delivered once they are loaded on transport. It is the responsibility of purchaser to insure goods in transit.

 

TERMS OF PAYMENT FOR APPROVED CREDIT ACCOUNT CUSTOMERS AND NON ACCOUNT CUSTOMER

1. Trade Accounts ‐ Net thirty days from date of invoice

2. Non‐Trade ‐ Net Cash on delivery.

The company reserves the right to charge 2.5% interest per month in advance (whole monthly) on overdue accounts.

 

If the customer fails to pay the Company's tax invoices by the date due for payment, the customer will

be liable to pay any costs incurred by the Company in the collection of any outstanding amounts, which costs include debt recovery fees, commission, mercantile agency fees and legal costs on a solicitor client basis as well as company administration charges.

INSPECTION AND CLAIMS FOR A DEFECTIVE DELIVERY.   Subject to the rights conferred on a customer under the  Trade  Practices  Act  1974  (  as  amended  )  where  such  is  applicable  the  customer  is  responsible  for immediate examination of equipment upon delivery and any deficiency or damage thereof must be reported to the company in writing within 7 days of its receipt otherwise no claim for such damage or deficiency will be entertained.

 

PASSING OF TITLE AND RISK, DAMAGE IN TRANSIT AND REPOSSESSION:   It is expressly agreed that the title to equipment sold there under shall not pass to the customer until payment has been received in full by the company but the equipment or part thereof delivered shall nevertheless be at the customers risk from the time of delivery and the equipment from whatever cause occurring after such time and the Company shall not be under any obligation to give any statutory notice or other notice that is accepts no responsibility.  If the customer shall fail to pay for the equipment in full by the due date or if the customer shall before then become bankrupt or commit any act of bankruptcy or compound with its creditors or go into liquidation whether voluntary or otherwise or have a Receiver or Manager appointed, the Company is irrevocably authorised at anytime thereafter to enter upon any premises where the equipment might reasonable be expected to be situated and to take possession of and remove same at the expense of the customer.

 

INSURANCE:  The Company will not insure any deliveries unless instructed to do so, in writing.  All insurance charges so incurred will be charged to the customer.  The Company does not insure any goods either stored at our factory or at our factory for modification or repair.  It is the Customers responsibility to ensure all items are insured.

 

STRIKES, LOCKOUTS & OTHER FORCE MAJEURES:   The Company will not be responsible for any loss damage or delay arising from strikes or lockouts or from any causes beyond its control including, without being limited to ‐ unavailability of raw materials, riots, fires, floods, breakdowns, Acts of God or Government, whether these factors affect the Company or its suppliers and whether occurring within or outside of Australia.

 

SCHEDULE ORDERS:  Schedule orders are to be completed no later than the end of financial year in which the order was placed or at a nominated date in writing from the Company.  All goods will be forwarded to the Customer during this period unless agreed to in writing by Eastern Pneumatics + Hydraulics and full payment is required as per our terms and conditions.

 

RETURN OF GOODS:   Subject to the rights conferred on consumer under the Trade Practice Act 1974 ( as amended ) where such is applicable to the return of goods, when goods are returned to the Company for any reason whatsoever, prior arrangements for their acceptance must have been made by the Company.  Unless such prior arrangements are  made, the Company will not accept any responsibility or liability for goods returned, unless such obligation is implied by law.  The goods must be in good order and condition and be resalable as new.  If goods are returned by the customer for reasons other than defective delivery or warranty, unless other arrangements are made, the credit allowable will not exceed 85% of the Net invoiced valve of the goods at the date of delivery.  The customer is responsible for all freight and cartage charges to the Company’s store.  In addition, if work is needed to return the goods to a saleable condition, these costs will be charged to the customer.

Any non standard equipment or parts will not be accepted for return.

 

ALTERATIONS  AND  ADDITIONS: If  after  commencement  of  design,  production  or  manufacturer  by  the Company any specification changes are requested, the cost of such changes will be borne by the customer and the delivery time as originally advised may be adjusted by the Company.

 

QUALITY AND TECHNICAL INFORMATION:    Unless otherwise specified in the Company’s quotation or order confirmation,  all  equipment  will  be  of  standard  design  and  manufacture  and  according  to  the  quoted standards, carefully  inspected  and where applicable submitted to its standard tests at the works before dispatch.

 

Specifications, drawings and particulars of weights and dimensions specified by the Company are to be regarded as approximates only.  Descriptions and illustrations contained in catalogues, price lists and other written materials are intended merely to present a general idea of the goods described or illustrated therein and they shall not form part of any contract.

 

EXEMPTION OF LIABILITY: The Company shall not in any event be liable for loss or damages resulting from the use of the Company’s products in the mining and exploration industry.

 

NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS:   The Company shall not in any event be liable for contingent,  consequential,  indirect,  special,  punitive  or  any  other  similar  damages,  however  caused  for damage, injury or loss, whether arising under breach of warranty, contract, negligence ( commission, omission or advice ), tort, liability or otherwise.

 

ENVIRONMENTAL  DISCLAIMER: The  Environmental  Management  at  any  site  on  which  the  Company’s equipment is used is the responsibility of the customer.  In this regard, the Company disclaims responsibility for  any  infringements  which  occur  related  to  breaches  or  Acts,  Rules  or  Regulations  pertaining  to environmental pollution aspects such as noise, atmospheric, water, sewer, dangerous goods waste disposal etc.

 

EXCLUSION OF OTHER TERMS: The above terms and conditions shall apply to all quotations given by the Company to the exclusion of any other terms and conditions contained in any document submitted by the customer to the extent that such last modifications therefore shall be binding upon the parties hereto or either of them unless such modifications shall be in writing duly executed by the customer and approved by the Company.

 

Our terms and conditions override all other terms and conditions for supply and purchasing by us.

By receiving these terms and conditions you agree to them.

Copyright Eastern Pneumatics & Hydraulics