Terms and Conditions
GENERAL TERMS & CONDITIONS OF SALE
1. INTERPRETATION
“The Company shall mean Braeco Sales or any related corporation within the meaning of the Companies Code to whom the order or enquiry has been placed. “Product” shall mean goods manufactured, sold or distributed by the Company.
2. TERMS
a. This quotation is current for thirty (30) days from the date hereof and is not an offer but is subject to confirmation on acceptance of an order.
b. Retentions, Warranties, Liquidated damages or other Conditions of Contract will not be accepted by the Company unless nominated with enquiry and specifically accepted by the Company in writing.
c. All goods received are to be checked before signing delivery dockets as claims regarding shortages, workmanship or damage in transit may not be recognised if not submitted in writing within 14 calendar days after date of invoice and unless so notified all monies are due and payable in accordance with Clause 10.
d. Testing and inspection if specified by the Purchaser or his agent and agreed to by the Company in writing shall be at the Company’s works and shall be final there and no claim arising out of any other testing or inspection shall be recognised. The Company shall not be responsible for the costs thereof.
e. When work of any kind is being carried out by the Company on the premises of a Purchaser or its contractors, the Company shall not be liable for any loss or damage occasioned to the Purchaser, its contractors or any employees arising from any cause connected in any way with any special hazard or peril attaching to such premises or imported into them owing to the nature or methods of the work being done, or from any other cause whatsoever unless such Purchaser or its contractors previously inform a responsible officer of the Company by notice in writing of such special hazard or peril.
3. PRICES
a. Goods & Services Tax (GST). The GST will apply to all prices in line with the current legislation.
b. Subject to Clause 4(c) unless otherwise stated all prices are nett exclusive of GST ex the Company premises.
c. All prices quoted are based on current operating costs, award rates and conditions, ruling material costs and current exchange rates and all government duties and charges plus a separate charge for GST. Should any increase occur in the price of labour/materials or other expense or charges in exchange rates or duties over those ruling at the date of the quotation then in such case or cases the price and applicable GST shall increase at the proportional rate applicable to the goods and/or work the subject of the quotation as determined by the Company.
d. Where Bills of Quantities are issued with invitation to quote these quantities shall be used as a basis of price, but the Company accepts no responsibility for the accuracy of, or omissions from, these Bills and will make charges in accordance with the quantities delivered at the rates for each item. The quoted price is based on the quantity set forth in the quotation. Should the quantity be reduced the Company reserves the right to amend this price. The GST will be levied on the final charge.
e. Crating or Packing. Unless specifically specified, to be at the Company’s discretion and at the cost of the Purchaser. GST will apply to crating and packaging charges.
4. DELIVERY
a. Unless specified, delivery will be F.O.T. ex the Company’s works at Osborne Park, WA. GST will apply to freight charges.
b. Quotations for material to be delivered from stock are subject to prior sales.
c. Delivery will be maintained to the best of the Company’s ability but subject always to delays caused by wars, strikes, combinations of workmen, lockouts, accidents, fires, machinery breakdowns or any other circumstances eyond the Company’s control, in any of which events time for delivery will be extended accordingly. No responsibility will be accepted for the consequences of any such delays.
d. Delivery dates as may be quoted are subject to the availability of necessary materials and information including particularly, agreement as to critical dimensions from client to enable manufacture to proceed. The Company’s responsibility for delivery ceases once the goods are put on truck, rail or ship unless otherwise stated.
5. REGISTERED DESIGNS, TRADEMARKS, LETTERS PATENT ETC.
a. When goods are ordered which are not of the Company’s design the Purchaser guarantees that in the making of them the Company shall not be liable for any infringements of Registered Design, Trade Marks, Letters Patent, etc. and agrees to indemnify the Company for action that may be brought against or suffered by the Company for the said manufacture.
b. The Company does not make any guarantee to quality or fitness of any material or component manufactured to purchaser’s drawings for any particular purpose.
6. DRAWINGS
a. The Company does not warrant the accuracy of any drawings submitted with quotations. All drawings shall remain the property of the Company. Drawings supplied are confidential and shall only be used for the sole purpose of aiding business between the Purchaser and the Company. The delivery of these documents by the Company conveys no property rights therein nor in matters disclosed therein. Permission is expressly withheld to reproduce any part of these documents or to convey to others information contained in such documents.
b. Where applicable all orders include the supply of one set of the Company’s standard instructions and prints. Additional copies are available at the expense of the Purchaser. GST will be levied on this expense.
6. DRAWINGS
a. The Company does not warrant the accuracy of any drawings submitted with quotations. All drawings shall remain the property of the Company. Drawings supplied are confidential and shall only be used for the sole purpose of aiding business between the Purchaser and the Company. The delivery of these documents by the Company conveys no property rights therein nor in matters disclosed therein. Permission is expressly withheld to reproduce any part of these documents or to convey to others information contained in such documents.
b. Where applicable all orders include the supply of one set of the Company’s standard instructions and prints. Additional copies are available at the expense of the Purchaser. GST will be levied on this expense.
7. PRODUCT AMENDMENT
The Company reserves the right to amend the design of any Product at any time without notification to any Purchaser.
8. GUARANTEE
Unless specifically agreed to in writing, the Company guarantees Products against faulty workmanship and/or material for a period of twelve (12) months from the date of delivery or where the Company has installed or supervised the installation of such Products, from the date of commissioning of such installation. The full extent of the Company’s obligation hereunder shall be for the replacement of the defective part or parts and the Purchaser shall not be entitled to make any claim for labour or any other damage direct or consequential that may be caused by the defective part of parts. All implied warranties and conditions (insofar as the law permits) are hereby negated. The Purchaser acknowledges that the listed performance data of any Product is based on the best information available. The Company accepts no responsibility for the suitability or otherwise of any Product unless the Company was commissioned to expressly advise upon such suitability.
9. TERMS OF PAYMENT
Unless otherwise stated, all prices are nett and free from any deduction, and payment including GST shall be made within thirty (30) days from End of Month. All payments received outside such date shall bear interest at the rate of 2% per month calculated from the date on which payment was due until payment is actually received. All payments received shall be appropriated to the payment of interest then to the debt first in point of time incurred.
10. CANCELLATION OF ORDERS / RETURN OF PRODUCT
10.1 Cancellation of order(s) will be accepted only with the express permission of the Company. A cancellation fee will be charged on the nett selling price to the Purchaser where non-recoverable work and costs have been performed by the Company up to the date of cancellation. GST will be levied on this fee.
10.2 For return of product, a Return Goods Authority must be issued by Braeco prior to any product return. Products that are manufactured to Customer Specification, are modified in any way or imported specifically for an order are Non Returnable.
11. PERFORMANCE
Any figures given for performance are based upon experience and are such as the Company expect to obtain on test,but the Company only accept liability for failure to attain figures given when we expressly guarantee such figures within specified margins. The Purchaser assumes responsibility for the capacity and performance of the goods being sufficient and suitable for his purpose.
12. DISPUTES
If any dispute shall arise in connection with the Contract which cannot be amicably settled between the Purchaser and the Company, either party may give written notice of the existence of such a dispute and the same be referred to the arbitration of a person to be mutually agreed upon or failing agreement of some person appointed by the President of the Institution of Engineers of Australia. The award of such arbitrator shall be final and binding.
13. TITLE OF GOODS
Title of goods does not pass until payment including GST is received in full
