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Terms & Conditions

GENERAL CONDITIONS AND TERMS OF TENDER AND SALE

The following General Conditions and Terms of Tender and Sale apply to any sale of goods rendered, or agreed to be rendered, by Redbusbar Pty. Ltd. (hereinafter called “the Company”) whether supplied or rendered in accordance with the quotation endorsed hereon or otherwise:

GENERAL

1. Every order placed with the Company for goods shall be subject to these General Conditions and Terms of Tender and Sale, which may be varied only in writing by the Company’s authorised representative.
 
2. Unless otherwise stated, all quotations are firm for 30 days from date of issue. After 30 days from date of issue, all quotations may be withdrawn by the Company and will be subject to written confirmation. 

PRICE VARIATIONS

3. The prices in this quotation are based upon the present cost of materials, labour and expenses and while firm for 30 days from date of issue may be subject to increase in the event of suspension of the work by the Customers instructions or lack of instructions.

4. Prices shown are based on currency exchange and duty rates applicable at date of quotation. Should variations of greater than 2% occur in either of these rates, between quotation date and delivery date, prices will be adjusted by the relevant percentage.

5. Prices of imported products are based on current prices from country of origin. These prices are liable to change at any time and the actual selling price will be that which is current at time of shipment. Earliest possible advice would be given of price changes if they are to be applied.

6. The Company’s price lists are subject to variation without notice.

7. Prices quoted include all material, services, labour and delivery in accordance with the Company’s specifications included with and referred to in the body of the quotation. Prices will be adjusted for any variation or addition to these specifications requested by others. Variations include supply of or variation to a complete specification not available at time of quotation and not included or referred to in the quoted specifications.

DELIVERY

8. Goods shall be delivered to the address specified in the invoice as the address for delivery unless agreed to in writing between the parties.

9. No deliveries will be made or any despatches effected on public holidays or during such times as the Company may be closed for annual holidays or other reasons.

10. Goods offered ex-stock will be subject to prior sale and deliveries quoted do not include public holidays and Company closure.

11. The Company will not be liable for delays in deliveries caused by strikes, lock-outs, labour disputes, acts of war, acts of God, fire, flood, accident or non-availability of parts or materials by other manufacturers or any other causes or contingencies beyond the control of the Company.

12. The Customer acknowledges and agrees that it will not make any claim against the Company for any loss or damage as a result of late delivery. Should delivery be required to more than one address written notice should be provided to the Company at the time of the order and the Customer will be responsible for payment of any additional delivery costs.

13. Where the Company undertakes to install or service goods the Customer will give free access to its premises for such purposes and provide all necessary power, water and the like service utilities free of charge to the Company and it is specifically agreed that it will be the responsibility of the Customer to provide adequate details of performance requirements, operational conditions and site limitations.

14. Upon delivery by the Company to the Customer, the goods shall be at the Customer’s risk notwithstanding that the Company may be required to install, set-up or perform any service in connection with the goods.

15. Goods will not be accepted for credit unless the Company has given prior approval and all transport charges pre-paid.

CLAIMS

16. The customer will be deemed to have accepted the goods as being in accordance with its order unless it notifies the Company in writing of it claims within 7 days of receipt of goods.

PAYMENT

17. Payment shall be made by the Customer to the Company for all goods supplied, work and labour done and services rendered within 30 days from the date of invoice. The Customer acknowledges that time is of the essence with regard to payment and that any breach of this term will enable the company to exercise all of its rights contained herein including (but without in any limiting its rights) the right to cancel further credit and to take legal action for the recovery of all sums outstanding.

INTEREST

18. Should payment remain outstanding beyond the Company’s payment terms as outlined in clause 17 above, the customer agrees to pay interest on all amounts outstanding from the due date of payment at a rate equal to the Company’s then current overdraft as varied from time to time.

COSTS

19. Should payment remain outstanding beyond the Company’s payment terms as outlined in clause 17, the Customer is liable for all costs including legal costs (on a Solicitor/own client basis) and mercantile agents fees (credit collection agency) incurred by the Company in recovering the amount outstanding.

20. Unless otherwise expressly agreed in writing, all payments are to be made in Australian currency to the Head Office of the Company.

21. All prices quoted exclude sales tax, excise duties, registration fees and any like tax imposed by any Governmental authority upon the goods or services or upon the sale, distribution or delivery thereof. All such charges are the express liability of the Customer.

TITLE

22. Monies owed by the Customer to the Company shall become due immediately upon the commencement of any act or proceeding in which the Customer’s solvency is involved.

23. The Customer grants to the Company the right to enter onto the Customers’ property for the purpose of retrieving the goods in the event of default on the part of the Customer in the performance of this contract.

WARRANTY

24. All warranties whether express or implied and whether statutory or otherwise with regard to the goods supplied by the Company as to quality, fitness for purpose or any other matter are hereby excluded except in so far as any such warranties are incapable of exclusion at law.

CHANGE OF OWNERSHIP

25. The Customer agrees to notify the Company in writing of any change of ownership of the Customer within seven (7) days from the date of such change and indemnifies the Company against any loss or damage incurred by it as a result of the Customers failure to notify the Company of any change.

CANCELLATION

26. Orders placed with the Company cannot be cancelled without the written approval of the Company. In the event that the Company accepts the cancellation of any order placed with it, shall be entitled to charge a reasonable fee at the DISCRETION of the company, for the processing and acceptance of the Customer’s order and request for cancellation.

LIEN:

­27. The Customer hereby acknowledges that the Company has a lien over all goods in Its possession belonging to the Customer to secure payment of any or all amounts outstanding from time to time.

JURISDICTION

28. The proper law of all contracts arising between the Company and the Customer is the law of the State of Queensland Australia, and the parties agree to submit to the jurisdiction of the Courts of that State.

PROPERTY AND INSURANCE

29. The property in the goods shall not pass to the Customer until they are paid for in full provided that the Company may waive its interest subject to the Company’s approval of leasing, hire purchase or like agreement.

30. The Company during transit insures all goods but no claim will be recognised unless lodged in writing with the Company within 7 days from receipt of goods provided that no claim will be met unless approved by the Company’s insurers.

WARRANTIES

31. The following warranty is in addition to any condition, warranty or right implied (if any) in respect of the supply of goods and services to which these terms and conditions apply by the Trade Practices Act 1974 or equivalent State or Territory legislation implying terms into certain transactions. Where such legislation permits the liability of the Company to be excluded, restricted or modified, then such liability is limited, at the option of the Company, to:
  • the cost of replacing the goods;
  • the cost of obtaining equivalent goods;
  • the cost of having the goods repaired;
  • the cost of supplying the services; or
  • the supply of the service again.

EXPRESS WARRANTY

32. Subject to the following conditions, the Company provides a warranty in respect of the goods that they will be free from defective workmanship or materials for a period of twelve (12) months from delivery. The conditions applying to this warranty are as follows:
  • a warranty claim must be made to the Company within seven (7) days of the day on which the alleged defect ought to have been apparent to the purchaser or becomes apparent, whichever is the earliest;
  • the goods are used for the purpose for which they were designed or supplied and are used in accordance with instructions given by the Company;
  • the goods have not been previously repaired by a third party;
  • the Customer will, on request, return the goods to the Company at the Customer’s cost; and
  • the Customer shall be liable for the cost of any inspection on the Customer’s site by the Company or any third party retained by the Company for that purpose.

33. Subject to Condition 32 above, beyond the warranty provided for in condition 33, the Company will not be liable for any loss, damage or expense suffered or incurred by the purchaser or any other person whatsoever arising out of or in connection with goods or services supplied by the Company whether such liability arises in contract, tort (including without limiting the generality thereof, negligence) at law or under statute. To the extent that any liability does arise such liability shall be limited in all events to repair or replacement of the goods concerned.

LIABILITY OF COMPANY

34. The liability of the Company in respect of any claim arising out of this contract will not exceed an amount equivalent to the contract price of the goods and services supplied, and will in any event not include liability for any consequential, indirect or special damage.

35. Save as aforesaid, all warranties and conditions whether implied by statute or otherwise and in particular any warranty or condition that the goods be supplied will be reasonably fit for any particular purpose for which the Customer may require the goods or shall be of merchantable quality are hereby excluded.

DESCRIPTIONS

36. Pamphlets, specifications, drawings and price lists are intended only to give a general description of the products of the Company and may in some respects differ to the goods supplied due to the changes in the original manufacturers specifications.

GST

37. GST will be nominated and invoiced for the supply of goods and services in accordance with Australian Taxation Office requirements.   The company is registered for GST.

The company 's ABN is 51-103-712-367

The company will issue tax invoices compliant with the GST Regulations from 1 July 2000. The company 's ABN will appear on all tax invoices and GST included in the total price will be shown separately.

 

REDBUSBAR PTY LTD