1. SCOPE: All goods and services supplied by the Company are subject to this document.
2. QUOTATION: Unless stated otherwise all quotations are exclusive of GST and lapse 30 days after the date of quotation. The company reserves the right to revise a quotation at any time prior to acknowledging in writing any order placed upon it.
3. ORDER ACCEPTANCE: No order shall be binding on the Company until accepted by the Company. An individual contract for the supply of Products on these terms and conditions is formed on acceptance by the Company of an order from the Customer. The Company reserves the right to accept or refuse any order in whole or in part. Where the Company makes a part delivery of any order such delivery shall constitute a separate contract. No order may be cancelled or varied by the Customer after acceptance by the Company, except by mutual agreement. Any unserviceable parts from repaired equipment or beyond economical repair (BER) equipment from assessments will be scrapped after 30 days after quote expiry, unless the Customer requests their return.
4. SUITABILITY OF GOODS: Except to the extent to which the Company has made express representations in writing as to working load limits, the Purchaser shall be responsible for determining the fitness of Goods supplied by the Company for the specific purpose for which they are intended and acknowledges that the Purchaser has not relied on and it is unreasonable for the Purchaser to rely on the Company’s advice as to whether the Goods supplied are reasonably fit for any purpose for which they are being acquired, all advice being given by the Company and accepted by the Purchaser at the Purchaser’s risk and that the sale is not a sale of Goods by description.
5. DELIVERY: Delivery will be effected as specified in the quotation or, if there has been no quotation, in the order. Dates or time for delivery are approximate and are given by the Company for information only. The Purchaser agrees that unless the Company has guaranteed the date of delivery in a written warranty, a delay will not be a breach of contract, the Company will not be liable and the Purchaser will not be entitled to terminate the contract or to any other remedy whatsoever.
6. PAYMENT TERMS: All credit orders are accepted by the Company subject to satisfactory credit approval of the Customer and are governed by the Company’s credit terms and conditions in force at the time of order placement including the right to charge interest. Credit approval once granted may be withdrawn at any time. Where credit approval has not been granted or is withdrawn - payment for all Products supplied is prior to dispatch. Where credit has been granted payment for the Products is to be made on or before 30 days from the date of invoice. Payment must be made in full without set-off or deduction. The Company will investigate any disputed amounts and if resolved in favour of the Customer, a credit will be issued to the Customer. The company will invoice goods when goods are complete and ready for collection or dispatch. This shall also apply where the customer is not ready to receive the goods, in which case, the Company can store the goods free of charge.
7. TITLE TO PRODUCTS: Ownership in the Products does not pass to the Customer until paid for in full. Risk in the Products will pass to the Customer on delivery. The Company takes no responsibility for the use or misuse of the Products it has supplied. Delivery may not be refused by the Customer.
8. RETURNS: Any Products which are damaged or defective, or which are not in accordance with the Customer’s order, or which the law provides for, may be returned to the Company within 7 days of receipt by the Customer. The Customer may otherwise return products to the Company and obtain a credit:
a. except for specially purchased Products or Products specifically tailored for the Customer’s requirements.
b. if it does so within 7 days of delivery and a return authorisation is obtained from the Company;
c. provided that the Products are in their original form and otherwise as new and in a saleable condition;
d. at the Customer’s own expense, or to the Customer’s account; and
e. on the basis that risk in the Products remains with the Customer until the Products are received by the Company and that a restocking or return fee may be charged. Notwithstanding the provisions of clause 9, the Company will not accept returned Products where the Customer has caused the Products to become un-merchantable or failed to take steps to prevent the Products from becoming un-merchantable or the Products have become damaged by abnormal use whilst in the possession of the Customer.
9. LIABILITY: Except for those required or implied by legislation, the Company gives no express warranty in relation to Products supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of the Company. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. Except to the extent the law provides that liability is not able to be excluded, the Company shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products supplied by the Company or the failure of the Company to comply with these terms and conditions.
10. HEALTH AND SAFETY: It is the Customer’s sole responsibility and risk to ensure that all health and safety laws and regulations in relation to goods supplied to the Customer, are observed always after delivery of the goods and that appropriate steps are taken in accordance to such laws and regulations in relation to the storage, handling and use of the goods. The Customer irrevocable indemnifies the Company against all loss or damage arising out of any breach by the Customer of the said health and safety laws or regulations.
11. CONFLICTS: These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer’s order. In the event of any inconsistency PVR Industrial will be deemed by delivering the Products & Services to the Customer to have made an offer to the Customer to sell the Products & Services pursuant to these terms and conditions which offer will be deemed to have been accepted if the Customer retains the Products & Services. The Company reserves the right to change these Terms and Conditions at any time.
12. FORCE MAJEURE: The Company accepts no responsibility for delays or loss resulting from events such as strikes, lockouts, floods, fire, earthquakes, acts of war (whether declared or not) acts of God or other causes beyond the Company’s direct control.
13. NO WAIVER: The failure by the Company to exercise or any delay in exercising any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.
14. SEVERABILITY: If a clause or part of a clause in these Terms and Conditions is illegal, unenforceable or invalid, then that clause or part is excluded from these Terms and Conditions without affecting the remainder of these Terms and Conditions.
15. GOVERNING LAW: The parties agree that the laws of Western Australia apply to this Application and to all dealings between the parties. The parties consent to the non-exclusive jurisdiction of the courts of Western Australia.
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