XTron Pumps Australia
STANDARD TERMS & CONDITIONS OF SALE
The following conditions, except as added or varied in writing, by an authorised officer of the Company, shall apply to all quotations by, and orders placed with XTron Pumps Australia (herein called “the Company”) and such conditions shall be the conditions of the contract between the Purchaser and the Company. Any conditions appearing in the Purchaser’s order, insofar as they are inconsistent with these conditions shall not be part of any contract between the Purchaser and the Company. In these conditions, the expression “the Purchaser”, means and includes the person, firm or Corporation ordering, requiring or being supplied with the goods and or alternatively services from the Company and (being a natural person) his executors, administrators, transferees and assigns or (being a Corporation) its successors in title transferees and assigns.
Unless otherwise stated all quotations are nett for delivery ex store Melbourne, Victoria for the Quantities stated, and subject to confirmation before acceptance.
3. PHOTOGRAPHS etc
Photographs and other illustrations or advertising matter supplied represent generally the goods specified therein but shall not be taken as necessarily representing the goods the subject of the tender and shall not form part of the contract.
Unless otherwise agreed the Company may make any alteration or departure from any specification or design subject to no substantial deviation from the specified performance being caused thereby and without incurring any obligation to make equivalent changes to any product previously supplied.
5. TERMS OF PAYMENT
Payment is to be made by the purchaser to the Company at the Company’s Head Office.
5.1 Unless otherwise stated Terms of Payment are:
5.1.1 Nett Cash on Delivery.
5.1.2 Within 30 days of delivery for approved accounts.
5.1.3 Where any reason whatsoever the purchaser fails to take delivery, within 30 days of the Company notifying the Purchaser that the goods are available for delivery.
5.2 The Company may, at its sole discretion, require payment at any time before delivery or payment in full or part with placement of order.
5.3 Payment shall be made for each part or portion of the order as required.
5.4 Pre-payment of 25% of the purchase price will be made by the purchaser on placement of order for any goods to be imported and not normally held in stock by the Company.
5.5 If the Purchaser fails to comply with any terms of payment or requirements to secure payment, the Company reserves the right to withhold further deliveries, or at its option, terminate the Agreement and any unpaid amount shall thereupon become immediately due.
5.6 Any amount remaining unpaid after the due date will be subject to an extra charge of 0.5% for each month or part thereof that the balance remains outstanding.
5.7 Delay in payment of part or whole of the sum due based on the Purchaser’s (or his Agent’s) claim that the Company has not completed contract, will not affect liability for the above charges, unless such claim is accepted by the Company.
5.8 Discounts of any kind offered, whether form list or quoted prices shall be applicable only where payment is received in full within the prescribed period.
5.9 Where any period of credit is granted to the Purchaser by the Company under these terms and conditions:
5.9.1 The existence of the credit period is not to be taken as vitiating other terms or conditions of this Agreement, and
5.9.2 Where title to the goods remains vested in the Company pursuant to Clause 13 hereof, the period of credit will terminate upon the expiration of the stipulated credit period or upon the sale of the goods by the Purchaser, whichever event shall first occur at which time the price of the goods is immediately payable by the Purchaser to the Company.
6. PRICE VARIATIONS
6.1 All tenders, offers and quotations are based on labour and material costs ruling at date of offer and are subject to increase in line with increased cost of goods or work due to any increases after that date. Labour cost increases will apply whether by reason or any variation in any Statue regulation, Award or Determination increasing rates of pay, reducing hours or providing for additional holiday or sick leave or other amenities, or from any other cause whatsoever, and all contracts are entered into and orders accepted subject to this condition.
6.2 Imported Goods: Prices quoted for imported goods or goods containing imported materials are based upon the F.O.B. prices, rates of exchange, freight, insurance, customs duty and primage, etc. ruling at date of quotation. The Company reserves the right to vary prices proportionately and in total, with variations occurring in any such, or other, or added, components of cost applicable until and including the day of receipt of payment from the Purchaser.
6.3 Where goods are to be imported, the Company will, at the Purchaser’s request and cost, arrange forward purchase of such foreign currency as required subject to compliance with any regulation in force at the time, and on prepayment of 25% of the revised purchase price.
7.1 The acceptance of any cancellation of the Purchaser’s liability for cancellation charges shall be entirely within the discretion of the Company.
7.2 Notwithstanding the generality of subclause 7.1:
7.2.1 In the event of the Purchaser cancelling delivery of the whole or any part of the goods ordered or disrupting, suspending or deferring delivery of the whole or part of the goods ordered, the Purchaser shall be liable to pay to the Company the full purchase price of the goods in accordance with the terms of payment herein and all cancellation charges (including storage costs) incurred by the Company by reason of such cancellation, disruption, suspension or deferral.
7.2.2 The Purchaser will settle the payment of cancellation charges without any deduction within 30 days after receipt of the Company’s invoice for same.
8.1 Unless otherwise stated in writing by the Company in the quotation, any times quoted for delivery of the goods are to date from receipt by the Company of a written order to proceed and of all necessary drawings and information to enable the work to be put in hand. All such times are to be treated as estimates only not involving the Company in any liability for failure to deliver within such time. Without limiting the generality of the foregoing and in all cases, whether a time for delivery is quoted or not, the time for delivery shall be extended by a reasonable period if delay in delivery is caused by instructions or lack of instruction from the Purchaser or for any cause whatsoever beyond the Company’s reasonable control.
8.2 Offers of delivery ex stock will be subject to prior sale and subject to confirmation on receipt of order.
8.3 Where delivery is to be made by instalments, each delivery 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 one delivery shall not entitle the Purchaser to repudiate the order or any instalments remaining to be delivered there under.
8.4 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 may, if its storage facilities permit, store the goods until actual delivery and the Purchaser shall be liable to the Company for the reasonable costs of such storage including any additional handling and transport costs. This provision shall be in addition to and not in substitution of any other payment or damages for which the Purchaser may
9.1 Unless specifically included in our offer, the commissioning and start-up of equipment is the Purchaser’s responsibility. Any requirement for attendance at site by Company staff, for any reason, must be covered by a separate order and all costs of labour, travel and other expenses will be for Purchaser’s account. Operation in Purchaser’s Plant of any goods or equipment will be at Purchaser’s risk.
10. RETURN OF GOODS
The return of goods will not be accepted without prior approval by an authorised officer of the Company and if returned and accepted will not necessarily entitle a credit for same or remove responsibility for payment to the Company in full. A credit will only be considered after a claim has been submitted in writing within seven (7) days of delivery or date of invoice, whichever is the earlier and supported with all details relating to the sale of the goods and the reasons for their return. Without limiting the generality of the foregoing, a credit will not be issued for items which are specially assembled or constructed or are not normally stocked by the Company. In all instances where the return of goods is accepted and credit approved, a minimum re-stocking charge of 15% of the sale price plus freight and refurbishing charges will be payable by the Purchaser. The risk in any returned goods will remain with the Purchaser until they have been accepted by the Company and received into the Company’s store.