Terms & Conditions
Application of Terms and Conditions
- These terms and conditions of sale apply to and govern all tenders and quotations submitted by, all orders placed with, and all contracts entered into by M & E Equipment Traders Pty Limited (?M & E?) whereby goods and/or services are supplied, provided and/or delivered ("supply" or "supplied") by M & E ("Agreement")
- Any Agreement may be varied only with M & E's prior written consent.
- To the extent that any conflict exists between these terms and conditions of sale (or as they may be varied in accordance with this clause 1) and any other documentation or correspondence forming part of any Agreement these terms and conditions of sale (or as they may be varied in accordance with this clause 1) shall be paramount and prevail.
- Any order or offer made by any purchaser shall not be binding on M & E until accepted by M & E in writing or in such manner as in its sole discretion determines.
- A tender or quotation submitted by M & E may at any time prior to acceptance of an offer by M & E in respect of the supply of goods and/or services be varied or withdrawn by M & E. Clerical, typing or other errors made in, or in respect of, any tender or quotation shall be subject to correction by M & E and the corrected tender or quotation shall apply.
- To the extent that there is any inconsistency existing between any terms and conditions appearing in a purchaser's order and these terms and conditions of sale then these terms and conditions shall only apply and the acceptance by a purchaser of the supply by M & E of goods and/or services the subject of such an order shall constitute an acceptance by the purchaser of the supply by M & E of such goods and/or services solely on these terms and conditions of sale.
- These terms and conditions of sale replace in their entirety any previous terms and conditions of sale published, issued by used by M & E or any division or subsidiary of M & E.
No binding contract shall exist until the Purchaser's order has been accepted by the Company.
Quotations and Orders
Quotations given and orders accepted are subject to the following conditions:
- Unless otherwise agreed in writing, quotations given and orders accepted are based on the Company's rates and costs as at the date of quotation of materials, transport, labour and other costs. The price may be increased by amount of any increase in the cost of any such item or any other factors (including any change in duties and exchange rates) affecting the Company's cost of supply, production or delivery of the goods.
- Without limiting the generality of the foregoing, any alteration in quantity, sizes, specification or delivery may necessitate an adjustment of prices
- No order may be suspended, cancelled or amended without the Company's agreement in writing and the Purchaser shall accept liability for all costs incurred by the Company, including but not restricted to purchases, stocks, work in progress, labour costs or unrecovered overheads consequent upon the suspension, cancellation or amendment of any order agreed to by the Company.
- Orders are accepted subject to the Company's minimum order conditions and manufacturing limitations specified for various items.
- Despatch and delivery times shall be agreed in writing between the parties and should no written agreement exist any time or accepted by the Company for dispatch or delivery shall be treated only as an estimate in good faith. No contractual obligations as to time or date shall be binding upon the Company other than to expect that all despatches and deliveries will be made within a "reasonable time".
- Where delivery or dispatch is to be made by instalments, each delivery or dispatch shall be deemed for such purpose to be the subject of a separate contract and any failure whatsoever by the Company in respect of any particular despatches or deliveries shall not entitle the Purchaser to repudiate the order or any instalments remaining to be delivered thereunder. In the event of the purchaser making default in respect of any instalment, the Company may elect to treat the default as a breach of contract relating to each other instalment.
- If for any reason the Purchaser is unable to accept delivery of the goods at the time when the goods are due and ready for delivery, the Company will either store at its own premises or arrange for suitable outside storage until actual delivery and the Purchaser shall be liable to the Company for the cost of such storage, including any additional handling, insurance and transport costs. The provision shall be in addition to and not in substitution(a) of any other payment of damages for which the Purchaser may become liable due to his failure to take delivery at the appropriate date.
- The Company reserves the right to apply delivery charges to all deliveries into the Purchaser?s stores. The Company may also apply additional freight charges for deliveries outside capital cities or by alternative means of transport.
- The Company shall be under no obligation to insure goods while in transport.
- Risk of any loss damage or deterioration in the goods ordered shall pass to the Purchaser as soon as all restraining devices have been removed and are clear of the vehicle.
- The Company accepts no liability for off-loading and the Purchaser shall keep the Company indemnified from and against all claims whatever arising from such off-loading.
- The Company reserves the right to dispatch the goods by the most suitable form of transport and to pack the goods in the most suitable manner.
- Once an order is placed into production and subsequently cancelled by the Purchaser, all charges will be applied and order delivered as per original request. No credit or claim will be recognized.
- Property in the goods shall pass to the Purchaser only upon M & E receiving payment for the goods, and until payment is received the Purchaser shall (unless so instructed in writing to the contrary by M & E) store the goods so that they are clearly identifiable as goods belonging to the Company.
The Purchaser agrees that a Certificate purporting to be signed by an Officer of M & E identifying products as "unpaid for" shall be conclusive evidence that the products have in fact, not been paid for, and of M & E's title to those products.
In addition to any lien to which M & E may by Statute or otherwise be entitled, M & E shall, in the event of the Purchaser's insolvency, bankruptcy or winding up, be entitled to a general lien on all property or goods belonging to the Purchaser in M & E's possession, (although such goods or some of them may have been paid for), and for the unpaid price of any other goods sold and delivered to the purchaser under any contract pursuant to these Conditions of Sale.
- The purchaser understands that all goods supplied by the company are second hand unless specified by contract as new.
- The purchaser purchases any such second hand product relying on its own inspection as to the quality of the product, and as to the existence or otherwise of any fault.
- M & E, directors and staff are not responsible in any way for second hand goods sold by them, and, in particular, are not responsible for any faults or defects in any second hand goods purchased from the Company.
- The purchaser understands and accepts that no warranty applies to second hand goods unless specified by the Company.
- The purchaser understands that the responsibility is theirs with respect to the safe use of second hand goods and to ensure all safety devices are installed and checked by a competent authority before they are used.
- The purchaser understands when no safety devices are installed on second hand goods, it is their responsibility to make all necessary enquiries and as to whether such devices are needed and if needed, have installed in compliance with all standards of safety and ensuring the safety standards comply with the relevant occupational health and safety requirements.
- If the purchaser sells the second hand goods purchased, they will advise the new purchaser that no warranty applies to such goods as stated in paragraphs 7(a)-(f) above.
- M & E shall not be liable for any defects, malfunctions, claims for loss, damage or injury of any kind whatsoever, whether to the purchaser or to any party purchasing such goods from the purchaser.
- Notwithstanding anything hereinbefore contained in this contract, to the extent permitted by the law the liability of the company whether in contract or in tort, in respect of all claims for loss, damage or injury arising from a breach of any of the company?s obligations arising under the contract, from any negligence of any act, matter or thing done or permitted to be done by the company, its servants, agents and contractors shall not in the aggregate exceed the invoice value of goods. Where so permitted, under no circumstances will the Company be liable for any loss of profits or any consequential, indirect or special loss damage or injury of any kind whatsoever suffered by the purchaser or its servants, agents and contractors and the purchaser acknowledges this express limit of liability and agrees to limit any claim accordingly. In particular, the purchaser acknowledges that under the contract the provisions of the Sale of Goods Act shall not apply to the extent permissible by law.
- The Purchaser shall be invoiced at the time of delivery of goods as stated in M & E quotation.
- All invoices shall be due and payable within 30 days of the date of invoice or as in M & E's sole discretion considers appropriate.
- The Purchaser shall pay interest to M & E on all moneys outstanding from the date 30 days after the date of invoice (the "interest date") calculated at the current overdraft rate of M & E Equipment Traders.