In these conditions the “seller”, means Materials Handling Pty Ltd or other seller, of the goods described in this catalogue.
ACCEPTANCE: All orders accepted by the seller will be subject to these conditions of Sale. If the buyer issues his own purchase order, containing conditions of purchase these conditions of sale shall be deemed to be incorporated in such purchase order and will over ride any conflicting provision of the purchase order.
TAX: All prices quoted are exclusive of GST that will be charged additionally.
PRICE: All prices quoted shall remain valid for a period of 30 days and thereafter subject to any fluctuation. Where prices are quoted subject to currency fluctuations, we shall nominate the rate of exchange at time of offer.
TERMS OF PAYMENT: Prices, sales tax and carriage charges are strictly net and payment is due within 30 days of invoice date, when the full invoice becomes due. No set off for any reason will be allowed. If payment is not received on the due date, the seller shall be entitled to interest on any outstanding balance at the rate of 2% above the minimum lending rate
OWNERSHIP OF GOODS: Ownership of goods sold shall notwithstanding delivery, remain with the seller until the seller has received full payment for such goods. Until full payment has been made, the seller may at any time (and without prejudice to its other rights) recover or resell the goods or any part of them and may enter on the buyers premises for this purpose. The buyer may not resell the goods to which the seller retains title unless he informs his buyer of this condition of sale prior to such resale.
A. Non-delivery of any consignment within 14 days of the date of the sellers invoice must be notified to the seller in writing.
B. Inspection of goods immediately on arrival is advised. Any damage or short delivery must be notified to both the seller and the carrier in writing within three days and the carrier’s notes should be endorsed accordingly.
C. Goods may not be returned to the seller for any reason whatsoever without the sellers prior agreement in writing.
DELIVERY: The delivery time stated on the seller’s acknowledgement is an estimate and shall not be considered a contractual obligation. The seller shall not be liable for any loss of damage sustained by the buyer due to the sellers inability to maintain the delivery times so stated. The goods will be at the buyers risk when delivered to the buyer. The seller’s obligation to deliver goods is subject to circumstances beyond the sellers control such as (but not limited to) strike, floods, fires, machine breakdown or any other condition of force majeure.
SPECIFICATIONS : Technical data, dimensions, colors, weights, etc given in this catalogue are a guide only and no guarantee is given or implied that goods will conform in absolute detail to the descriptions and illustrations. The seller reserves the right to amend specifications and to withdraw goods from the catalogue without prior notice.
SIX MONTH GUARANTEE: In addition to benefits conferred on the buyer by statute the seller guarantees all goods offered for a period of six months (unless otherwise stated) from the date of sale provided that;
A. It is established to the reasonable satisfaction of the seller that some part of the material used in manufacture was defective and the goods have been returned to it.
B. The goods have not been subject to misuse or abuse of any kind.
C. This guarantee does not extend to fair wear and tear.
SUITABILITY: Other than expressly stated in the catalogue, the seller makes no representation as to the fitness or suitability of any goods for any purpose whatsoever.
Note: Failure to observe the proper claims procedure will invalidate the seller’s contractual liability under these conditions of sale.