These Conditions of Sale form part of quotations
made by us and also apply to the sale of all items. These Conditions
of Sale are binding and no variation or cancellation will be accepted
unless agreed to by us in writing.
Unless otherwise stated by us in writing, any
quotation will be valid for 30 days from the date of the quotation.
Prior to the receipt of acceptance the quotation is subject to change
or withdrawal by us in writing.
The quotation includes only those goods and services
as specified therein. Goods offered ex-stock are subject to prior
sale. Delivery times quoted are approximated only and actual delivery
times should be determined at the time of placement of an order.
INFORMATION & DRAWINGS
All descriptive specifications, illustrations,
drawings, data, dimensions and weights contained in our catalogues
and literature are typical only and are subject to change without
notice. These details do not form part of a quotation unless specified
by us in writing.
All products will be delivered in packing to
our normal standard practice. Variations to this packing will be
charged for and form part of our quotation.
Prices charged are the prices relevant at the
date of despatch unless written agreement has been made for price
variation. Where prices have been quoted on a quantity purchase
we reserve the right to re-negotiate the quoted prices if the total
quantity is varied.
All Shipments are made FOB at Flexible Drive
Agencies Pty Ltd warehouses or such other place as Flexible Drive
Agencies Pty Ltd may approve. Full risk of loss (including transportation
delays and losses) shall pass to the customer upon delivery of the
products at the FOB point. Shipments will be made according to Flexible
Drive Agencies Pty Ltd best judgement unless an alternative method
is clearly indicated in writing by the customer. Any payment of
freight by Flexible Drive Agencies Pty Ltd will not prejudice the
conditions set out above.
SALES TAX AND GOVERNMENT IMPOSTS
The prices quoted do not include sales tax and
government imposts unless specifically stated in writing in the
quotation. The payment of these charges is to your account.
TERMS OF PAYMENT
Where a credit account has been established with
us, all prices are strictly nett and are payable within 30 days
unless stated otherwise in the quotation or agreed to in writing.
We reserve the right to refuse extension of credit.
Should any goods become defective due to faulty
design, workmanship or materials within 12 calendar months of date
sellers invoice then we will make good by repair, or at our discretion
by the replacement of the faulty goods. Goods supplied for Industrial
use involving more than a single manufacturing 8 hour shift will
be limited to 6 months. This warranty is void if the product is
used outside specification, is modified, subject to excessive wear,
or is used for a purpose for which it was not designed. The warranty
covers repair or replacement and despatch to the point of original
delivery free of charge. Except as specifically provided in these
Conditions of Sale there are no other conditions or warranties expressed
or implied provided however, that nothing in the conditions shall
restrict, exclude or modify any condition or warranty implied by
any legislation which both implies conditions or warranties and
provides that such conditions or warranties may not be excluded
where and to the extent that such legislation is applicable.
LIABILITY OF SUPPLIER
Notwithstanding any other provisions of this
contract we shall not be liable for any loss or profit of contract
howsoever arising nor shall we be under any liability whether in
contract, tort or otherwise nor for any injury, damage or loss save
as expressly provided in the contract. Where the goods to be provided
by us are not of a kind ordinarily acquired for personal domestic
or household use or consumption, then our liability for a breach
of a condition or warranty implied by the Trade Practices Act 1974
(other than a condition of warranty implied by Section 69) shall
be limited to the repair of the goods, or, at our option, the replacement
of the goods or the supply of equivalent goods.
Except as may be otherwise agreed by us, the
contract shall be governed by the laws of the State or Territory
in which we accept your order.
If an order is varied then the variation must
be accepted by us in writing and we shall be indemnified against
any loss or damage occurred by you.
RETENTION OF TITLE
The goods supplied shall remain the sole and
absolute property of Flexible Drive Agencies Pty Ltd as legal and
beneficial owner until such time as the customer shall have paid
the purchase price in respect of such goods to Flexible Drive Agencies
Pty Ltd in accordance with these terms and conditions and payment
has been made by the customer in respect of any other goods supplied
by Flexible Drive Agencies Pty Ltd to the customer pursuant to these
terms and conditions. The customer irrevocably gives Flexible Drive
Agencies Pty Ltd its servants and agents leave and licence without
the necessity of giving any notice to enter at any time on and into
any premises occupied by the customer to inspect search for or remove
any of the goods supplied pursuant to these terms and conditions.
Returned goods will only be accepted for credit
if the goods are in a re-saleable condition within 30 days and that
they have been returned at the customer's expense with Flexible
Drive Agencies invoice number and reason for return clearly marked
on the carton in which the goods are returned. After 30 days prior
written agreement must be obtained and a restocking charge may apply.
All goods specifically manufactured for customer requirements will
not be accepted for credit, unless agreed to in writing.