Conditions of Sale

CONDITIONS OF SALE

  1. Returns:
    All goods returned are subject to a 10% handling charge. Returned goods will not be accepted unless made within 7 days from date of invoice and accompanied by the invoice or packing slip. Freight charges are not refundable and transportation charges must be prepaid on goods being returned. "Procured Items" are not returnable.

  2. Warranties:
    The Company gives no warranty on any product or service performed beyond that offered by the manufacturer or supplier. The judgement of the manufacturer or supplier as to the validity of any claim is final and binds both the Company and the purchaser.

  3. Liability:
    The Company's liability in the event of a valid claim will not exceed the sale price of the goods concerned.
    The Company is not responsible for any damage resulting from goods being
    a) fitted by unqualified tradesman
    b) fitted in an untradesmanlike manner
    c) adapted to a use which they were not intended.
    The Company will not be liable for injuries or damages of any kind or nature, direct, consequential, or contingent to person or property. No liability extends to loss of crops, loss because of delay or loss incurred for labour, supplies, substitute machinery rental or for any other loss whatsoever.

  4. Delivery:
    All goods are consigned by the best route and become the purchaser's responsibility at the time they leave the Company's premises.

  5. Insurance:
    Insurance is the purchaser's responsibility.

  6. Packing:
    Whilst every care is taken in packing we can accept no responsibility for goods lost or broken in transit.

  7. Parts Procured From Other Sources:
    Freight costs incurred in procuring parts from other sources and incidental expenses are the purchaser's responsibility.

  8. Terms of Payment:
    Net cash, unless prior arrangements made for payment by the 20th of the month following date of invoice.
    Interest will be charged on all overdue accounts.

  9. Ownership:
    i) Ownership of any goods sold by the Company and/or delivered by the Company is retained by the Company until payment is made in full for all goods sold or delivered by the Company to the customer. The delivery or sale of the goods by the Company to the customer under these Conditions of Sale creates a fiduciary relationship between the Company and the customer in relation to those goods.
    ii) All goods sold or delivered by the Company to the customer in which ownership is retained by the Company must be stored separately so as to be readily identifiable. If any of the goods become part of a product or mass (by whatever process) such that the identity of those goods is lost in the product or mass, the security interest created by this clause continues in the product or mass in accordance with the provisions of the PPSA.
    iii) If goods are sold by the customer prior to payment having been made to the Company then the proceeds of sale shall be paid into a separate account for which separate records shall be kept. Such proceeds of sale shall be the property of the Company.
    iv) The Conditions of Sale shall apply notwithstanding that the goods may be amalgamated with or attached to other goods.

  10. Personal Property Securities Act 1999:
    The Buyer acknowledges and agrees that:
    i) These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999 ("PPSA").
    ii) Unless otherwise agreed to in writing by the Company, the Buyer waives its right to receive a verification statement in accordance with section 148 of the PPSA.