1. Purchase Price
1 HARDCOM PTY LTD t/a HI-ROLL BEARINGS (“the Company”) agrees to sell the goods described on the front of this invoice to the Customer named on the front of this invoice or Applicant referred to in any Credit Application for credit account with the Company (“the Customer”) and the Customer agrees to purchase the goods from the Company for the Company’s purchase price referred to on the front of the relevant invoice. In addition to paying the purchase price, the Customer shall reimburse and fully indemnify the Company for and in respect of any Goods and Services Tax or similar tax imposed on, arising out of, or in any way relating to the supply of goods or services hereunder.
2. Delivery and Risk
2.1 The “date of delivery” is the date upon which the goods leave the premises of the Company. All goods are deemed to be delivered to the Customer at the Company’s premises.
2.2 The Customer is responsible for arranging for the transportation of the goods from the Company’s premises and is responsible for the insurance of the goods while in transit. The cost of transporting the goods and insuring them while in transit will be borne solely by the Customer.
2.3 Unless notified to the contrary, the Company will arrange on the Customer’s behalf, for the transportation of the goods from the Company’s to the Customer’s premises and for the insurance of the goods while in transit, both at the Customer’s expense. The Customer agrees to pay to the Company the delivery and insurance charge quoted to the Customer by the Company at the time of the Customer placing an order for the goods.
2.4 Risk in the goods shall pass to the Customer at the date of delivery and the Customer will insure all goods that are at its risk or pay for such insurance if charged to it by the Company as referred to in Clause 2.3 above.
2.5 Notwithstanding that risk shall pass to the Customer as herein provided title to the goods shall remain the absolute property of the Company until the Customer has paid to the Company in full the purchase price for same. The Company and its duly authorised agents shall at all times and without notice be entitled to enter any premises where the goods the subject of this invoice, of any part thereof, are believed by the Company to be, without any liability for trespass or damage (against which the Customer indemnifies the Company), and recover there from the goods, but only if there is an existing default in the terms of payment for such goods of any part thereof. The sale by the Customer of any of the goods prior to payment in full of the purchase price for same shall be made by the Customer as the Company’s agent and the Customer shall forthwith account to the Company for the proceeds of the sale to the extent to which such proceeds are necessary to satisfy monies due. The Customer shall keep the Company’s goods separate from other goods held by the Customer. Notwithstanding the provisions of this clause, the Company shall be entitled to maintain an action against the Customer for the purchase price upon delivery.
3. Payment
3.1 The Customer shall subject to this clause, pay for the purchase price and any other charges (if any) shown on the front of the invoice to the Company prior to the delivery of the goods.
3.2 If the Company has agreed to supply the goods to the Customer on credit, the Customer shall pay the purchase price to the Company within thirty (30) days after the end of the month of delivery.
3.3 If payment is not made in accordance with the Company’s Terms and Conditions then interest and administration charges of 1.5% per month or part thereof on the outstanding amount shall be charged by the Company to the Customer and payment shall be credited firstly against any interest and administration charges due.
3.4 The Customer shall pay all costs, fees, charges and disbursements and legal costs on a Solicitor/Client basis incurred or to be incurred by the Company in recovering any monies due to the Company for the supply of goods to the Customer.
3.5 The Company reserves the right to separately invoice the Customer for any tax or delivery charges after the date of delivery of the goods.
4. Warranties
4.1 The Company warrants that during the warranty period referred to in its warranty statement hereunder, the goods, if correctly installed and used in accordance with the manufacturer’s instructions, and if the goods have not been misused, tampered with or damaged (fair wear and tear excepted) and if properly serviced and maintained and not otherwise modified other than with the written consent of the Company, the Company will repair or replace at its option, free of charge, all the goods defective by any reason of faulty components or workmanship provided the Company is notified of such faulty components or workmanship in writing within 14 days from the date the defect first became apparent to the first user of such goods.
4.2 Nothing in these Terms and Conditions will operate to exclude, restrict, or modify the application of the provisions of Division 2 of Part V of the Trade Practices Act 1974 (“the Act”), the exercise of a right conferred by such provision, any liability of the Company for a breach of condition or warranty implied by such a provision or the application of Section 75A of the Act.
4.3 To the extent that it is able to do so the Company expressly limits its liability for a breach of a condition or warranty under these terms or implied by virtue of the Act to the following, the choice of which is to be at its sole discretion,
- In the case of goods, as defined in the Act, to any one or more of the following:
i. The replacement of the goods or the supply of equivalent goods;
ii. The repair of the goods;
iii. The payment of the cost of replacing the goods or of acquiring equivalent goods;
iv. The payment of the cost of having the goods repaired; or
- In the case of any service provided, as defined in the Act:
i. The supply of the service again; or
ii. The payment of the cost of having the service supplied again.
4.4 The limit of the Company’s liability to the Customer or to any third party under these terms shall not in aggregate exceed the price of the subject goods or any service provided. In no event shall the Company be liable for consequential, incidental or punitive loss, damages or expenses howsoever arising, including the negligence of the Company, its employees, contractors or agents.
5. Warranty Statement
5.1 The warranty period in relation to the goods is twelve months or 20,000 km for parts and generally twelve months for equipment.
5.2 If during the warranty period the goods are discovered to be defective, the Company will at its option replace the warranted goods or grant the Customer a credit for the goods claimed to be defective. The Company will have the sole discretion to determine whether the goods are defective.
5.3 This warranty is null and void if the goods have been used in the wrong application or have been damaged in an accident or willfully destroyed.
5.4 No warranty of merchantability or fitness for a particular purpose, nor any other warranty, express or implied is made by the Company.
5.5 In no event shall the Company be liable for any special, incidental, or consequential damages or damages arising in connection with the sale of the goods hereunder.
6. Return of Goods
6.1 If the goods are to be returned to the Company for the reasons specified in Clause 4.1 hereunder, the following procedure is to be complied by the Customer:
- The goods are to be packaged and returned to the Company’s premises within a further 7 days from the date the Company is notified of any defect in the goods as referred to in Clause 4.1.
- The goods are to be clearly marked with details of the invoice to which they relate.
- The goods are to be returned to the Company by the Customer.
- The Customer is to obtain a receipt for the return of the goods from the Company.
- There will be a 20% return stocking fee on all returned goods.
7. Force Majeure
7.1 The Company shall not be liable to the Customer for any failure to perform or delay in performance of any obligation under these terms caused by an act of God, war, government action, storm, fire, tempest, strike, lock out or any other circumstances beyond its reasonable control.
8. Plurals
8.1 Any reference to the singular hereunder shall include the plural and vice versa.
9. Entire Agreement
9.1 These Terms and Conditions (and should the Customer have entered into a credit application agreement with the Company, then any terms in that agreement there under) constitute the entire terms and conditions between the Company and the Customer and any prior terms and conditions or understanding between them in respect of the subject matter of these terms, including any quotation or purchase order is superseded by these terms.
9.2 To the extent that there is any inconsistency between the Terms and Conditions in this agreement and the Terms and Conditions in any purchase order relating to the goods, the Company’s Terms and Conditions will prevail.
9.3 The Customer acknowledges that it has not agreed to purchase the goods in reliance upon any oral or written representation made by or on behalf of the Company.
10. Variation
10.1 These Terms and Conditions may be varied only by agreement in writing between the parties.
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