“The Company” means Treloar Group Trading Pty Limited or any related corporation within the
meaning of the Corporations Act 2001 (Cth) to whom the order or enquiry has been placed.
“Goods” shall mean goods manufactured, sold or distributed by the Company.
These terms and conditions of sale apply to all transactions between the Company and the Buyer including all quotations, offers, orders or sales.
These terms and conditions (which will only be waived or varied in writing signed by the Company) will prevail over all conditions of the transaction to the extent of any inconsistency.
This quotation is current for thirty (30) days from the date hereof and is not an offer but is subject to confirmation on acceptance of an order.
If specified by the Buyer or its agent and agreed to by the Company in writing testing and inspection shall be at the Company’s premises and shall be final. No claim arising out of any other testing or inspection shall be recognized. The Company shall not be responsible for the costs thereof.
When work of any kind is being carried out by the Company on the premises of a Buyer or its contractors, the Company shall not be liable for any loss or damage occasioned to the Buyer its contractors or any employees arising from any cause connected in any way with any special hazard or peril attaching to such premises or imported into them owing to the nature or methods of the work being done, or from any other cause whatsoever unless such Buyer or its contractors previously inform a responsible officer of the Company by notice in writing of such special hazard or peril.
It is the responsibility of the Buyer to determine that the Goods are fit for purpose and, if purchased, will suit the intended application/requirements.
Goods & Services Tax (GST) will apply to all prices in line with the current legislation.
Unless otherwise stated all prices are net exclusive of GST ex the Company premises at Rutherford.
All prices quoted are based on current operating costs, award rates and conditions, ruling material costs and current exchange rates and all government duties and charges plus a separate charge for GST. Should any increase occur in the price of labour/materials or other expense or charges in exchange rates or duties over those ruling at the date of the quotation then in such case or cases the price and applicable GST shall increase at the proportional rate applicable to the Goods and/or work the subject of the quotation as determined by the Company.
Where Bills of Quantities are issued with invitation to quote these quantities shall be used as a basis of price, but the Company accepts no responsibility for the accuracy of, or omissions from, these Bills and will make charges in accordance with the quantities delivered at the rates for each item.
The quoted price is based on the quantity set forth in the quotation. Should the quantity be reduced the Company reserves the right to amend this price. The GST will be levied on the final charge.
Unless specifically specified, crating and packaging charges will be at the Company’s discretion and at the cost of the Buyer. GST will apply to crating and packaging charges.
Unless specified, the Buyer will be responsible for collection of Goods from the Company’s premises at Rutherford, NSW. GST will apply to freight charges.
Quotations for material to be delivered from stock are subject to prior sales.
While the Company endeavours to keep delivery dates, any delay of delivery, for any reason whatsoever, will not entitle the Buyer to claim for any consequential loss or damage or to cancel, rescind or terminate the contract.
Should circumstances beyond the control of the Company prevent or hinder delivery, the Company will be free from any obligation to deliver Goods while such circumstances continue. For as long as such circumstances exist, the Company may, at its option, cancel, rescind or terminate all or any part of the contract or keep the contract on foot until such circumstances have ceased. Such circumstances beyond the control of the Company include, but are not limited to: strikes, lockouts, rebellions; fire, acts of God; shortages of raw materials; Government decrees, proclamations or orders; transport difficulties; and failures or malfunctions of computers or other information technology systems.
Deliveries by instalments must be requested by the Buyer within the times stipulated in the contract.
Where the Buyer fails to request or accept instalment deliveries in accordance with the terms of the contract:
(i) the Company may store the Goods at the risk and cost of the Buyer; and
(ii) the Buyer will be deemed to be in default of payment for the delivery.
Where Goods are ordered for delivery by instalments, each instalment delivery is deemed to be a separate order and a separate contract performed by the Company upon delivery of that instalment.
Delivery dates as may be quoted are subject to the availability of necessary materials and information including particularly, agreement as to critical dimensions from the Buyer to enable manufacture to proceed
Risk in each order will pass to the Buyer upon delivery of that order to the Buyer or upon collection of that order by the Buyer’s agent or courier as the case may be.
Subject to clause 4.6 where, in accordance with these terms the Company accepts a return of any Goods, risk in those Goods will revert to the Company upon delivery of the Goods to the Company or upon collection of the Goods by the Company’s agent or courier as the case may be.
Any property of the Buyer under the Company’s custody or control will be entirely at the Buyer’s risk as regards loss or damage caused to the property or by it.
When Goods are ordered which are not of the Company’s design the Buyer guarantees that in the making of them the Company shall not be liable for any infringements of intellectual property of third parties and agrees to indemnify the Company for action that may be brought against or suffered by the Company for the said manufacture.
The Company does not warrant the accuracy of any drawings submitted with quotations.
All drawings shall remain the property of the Company. Drawings supplied are confidential and shall only be used for the sole purpose of aiding business between the Buyer and the Company.
The delivery of these documents by the Company conveys no property rights therein nor in matters disclosed therein. Permission is expressly withheld to reproduce any part of these documents or to convey to others information contained in such documents.
The Company does not make any guarantee to quality or fitness of any material or component manufactured to buyer’s drawings for any particular purpose.
Where applicable all orders include the supply of one set of the Company’s standard instructions and prints. Additional copies are available at the expense of the Buyer. GST will be levied on this expense.
TOOLS & TOOLING
All drawings, tools, gauges, patterns, made by the Company shall remain the property and in the exclusive custody of the Company and shall be retained for a period of three (3) years calculated from the date of acceptance of the last order.
The Company does not warrant the accuracy of any pattern or tooling to drawings unless the pattern or tooling was made by or under the supervision of the Company. The Company accepts no responsibility or liability for any patterns or tooling supplied for use by the Company and same shall remain at the risk of the Buyer. The Company reserves the right to dispose of any pattern or tooling at the expiration of one (1) year from the date of delivery of the latest order in the event that the Buyer does not collect its property from the Company’s premises.
The Company may, at its option and without prejudice to any of its rights, either suspend further deliveries, require payment in advance or terminate any contract by written notice to the Buyer where the Buyer:
(a) defaults on any payment due under the Contract;
(b) being a natural person, commits an act of bankruptcy;
(c) being a corporation, is subject to:
(i) a petition being presented, an order being made or a meeting being called to consider a resolution for the Buyer to be wound up, deregistered or dissolved;
(ii) a receiver, receiver and manager or an administrator under Part 5.3A of the Corporations Act 2001 being appointed to all or any part of the Buyer’s property and
(iii) the entering of a scheme of arrangement (other than for the purpose of restructuring); or
(iv) any assignment for the benefit of creditors.
ACCEPTANCE OF GOODS
The Buyer will inspect the Goods immediately upon delivery to the Buyer or upon collection of that order by the Buyer’s agent or courier as the case may be.
All claims against the Company regarding the quality, nature, fitness, suitability, conformance with description or defects of the Goods must be made in writing to the Company within fourteen (14) days of delivery. The Company does not accept liability for any such claim not made in accordance with these terms.
In the event of justified objection notified by the Buyer to the Company in accordance with these terms, the Company may, at its option:
(a) reduce the purchase price by agreement with the Buyer;
(b) accept the return of the Goods and, subject to the Goods being returned in the same condition as when they were delivered to the Buyer, refund to the Buyer the purchase price; or
(c) replace the Goods and no additional claims of any nature whatsoever may be made against the Company.
CANCELLATION OF ORDERS / RETURN OF GOODS
Cancellation of order(s) will be accepted only with the express permission of the Company.
A cancellation fee will be charged on the net selling price to the Buyer where non recoverable work and costs have been performed by the Company up to the date of cancellation. GST will be levied
on this fee.
For return of Goods, a Return Goods Authority must be issued by the Company prior to any Goods return. Goods that are manufactured to Customer Specification or special order are Non-Returnable. A 20% restocking fee, plus freight costs, will apply for all standard resalable Goods returned in as new condition. The Company reserves the right to reject any returns not considered by it to be in as new condition
Any figures given for performance are based upon experience and are such as the Company expect to obtain on test, but the Company only accept liability for failure to attain figures given
when it expressly guarantees such figures within specified margins. The Buyer assumes responsibility for the capacity and performance of the Goods being sufficient and suitable for its
ADVICE AND INFORMATION
Any advice, recommendation, information, assistance or service given by the Company in relation to Goods sold or manufactured by the Company or their use or application is given in good faith and is
believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty of accuracy, appropriateness or reliability and the Company does not accept any liability or responsibility for any loss suffered from the Buyer’s reliance on such advice, recommendation, information, assistance or service.
Treloar Group Trading Pty Limited ABN 56 763 038 863 Address: 9 Paddock Place, Rutherford NSW 2320 Ph (02) 4937 6410 Fax (02) 4932 6744. Email: email@example.com Website: www.treloar.com.au.
In addition to all other rights and remedies the Buyer may have at law the Company will repair or replace at its option any Goods which within a period of twelve (12) months from the date of delivery, may prove to be defective through faulty materials or workmanship PROVIDED THAT the defective Goods are promptly returned to the Company’s premises at Rutherford unless otherwise arranged. Any claim under this warranty must be made within the warranty period in writing to the National Customer Service Manager at the above address. The product for which a claim is being made must be returned with your claim, together with the proof of purchase. No claim will be accepted if the Buyer has misused, modified, damaged the Goods or used not in accordance with its specification, nor if the Goods are returned after the expiration of the warranty period.
The company will pay reasonable, direct expenses of claiming under this warranty. The Buyer may submit details and proof of your expense claim to the Company for consideration. The Company accepts no responsibility for the suitability or otherwise of any Goods unless the Company was commissioned to expressly advise upon such suitability. Under no circumstances will the Company be liable for any consequential loss or damage.
COMPETITION AND CONSUMER ACT 2010 (CTH)
The terms in these conditions of sale that exclude or limit the owner’s liability will apply only to the extent permitted by law. Provisions of the Competition and Consumer Act 2010 (Cth) (as amended) and other statutes from time to time in force cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent. These conditions of sale must be read and construed subject to any such statutory provisions. If any such statutory provisions apply, then to the extent to which the owner is entitled to do so, its liability under those statutory provisions will be limited at its option to:
(a) the replacement of the Goods or the supply of equivalent Goods;
(b) the repair of the Goods;
(c) the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
(d) the payment of the cost of having the Goods repaired
If any dispute shall arise in connection with the contract which cannot be amicably settled between the Buyer and the Company, either party may give written notice of the existence of such a dispute and the same be referred to the arbitration of a person to be mutually agreed upon or failing agreement of some person appointed by the President of the Institution of Engineers of Australia. The award of such arbitrator shall be final and binding.