Terms & Conditions of Purchase

These Terms

  1. These terms apply in any contract of supply of goods or services made between us as buyer and you as Supplier.
  2. These terms prevail over any terms put out by you, unless we agree in writing.
  3. No employee, agent or contractor of ours may vary or add to these terms without the prior written authority of our Managing Director.

 

Goods and Services

  1. You must supply the goods or services as agreed unless we agree in writing for any substitute goods or services.
  2. Each good must be dearly marked with our product number.

 

Orders

  1. You may not cancel an order, nor delay delivery, once you have accepted our order unless we agree in writing. Quotations
  2. We may accept your quotation but increase or decrease the number of goods you are to supply. Any such variation in the number of goods ordered will not affect the per unit price charged by you for the goods, unless we agree in writing.
  3. Unless otherwise agreed, your quotations remain valid for 12 months from the date given unless before your acceptance you give us written notice that you withdraw or vary the quotation.

 

Prices

  1. Unless your quotation otherwise specifies:
    • Prices quoted are for the delivery to our nominated warehouse (FIS).
    • Prices are as specified in your quotation
  2. Prices quoted include packaging to the normal commercial standards, and include any handling charges.

 

Manufacture

  1. If you are to manufacture the goods for us you must not commence to do so until all jigs, tooling, patterns and other parts of the manufacturing process are correctly prepared to our specifications.

 

Delivery

  1. You will deliver the goods to our store or as specified.
  2. You must arrange for insurance of the goods, in transit, for the full insurable value of the goods.
  3. You will deliver to us goods or provide services at the time specified.
  4. We may rescind the contract if you fail to deliver the goods or provide the services within 7 days of a date specified.
  5. You must notify us at the time of contracting and in any event within 7 days before delivery of the goods, if the goods cannot be unloaded by a forklift with a 2000kg—lifting load.
  6. You must provide with each delivery a cartnote, which includes information about the goods including our product, order and job numbers.
  7. Goods / materials delivered shall be accompanied by the appropriate documentation where specified. This may include material chemical analysis, heat numbers and NDT data.

 

Acceptance

  1. Goods delivered are subject to inspection and acceptance or rejection by us.

 

Inspection

  1. An inspector nominated by us must promptly inspect the goods delivered.
  2. You are entitled to witness the inspection of goods.

 

Rejection

  1. We may reject a delivery of goods if in a random sample:
    • any good is not to the specification of the contract;
    • any good contains defects;
    • any good is not marked with our product number;
    • any good is damaged arising from transport of the goods; or
    • there is any material difference between the goods delivered and those ordered or any sample goods supplied by you to us.
  2. Upon rejection of the goods;
    • you as a supplier may advise us to arrange re-shipment of the rejected goods to a specified destination within 5 days of the notice of rejection, or failing that advice we may dump the rejected goods with proof of dumping to be given to you;
    • you must pay an unloading charge, a reloading charge, storage charge and the cost of freight to the specified destination or to a dump site and the cost of dumping (as the case may be);
    • you alone must insure the rejected goods on any re-shipment;
    • you must reimburse or credit us for any amount paid by us on account of the price of rejected goods;
    • all claims for rejection will be settled by set-off between the parties, or transfer of clear funds from you to us within 30 days of rejection of the goods;
    • you must re-supply the goods orders to the required specification as soon as possible.

 

Castings

  1. Any Casting found to be not suitable to end user requirements SHALL be replaced FREE OF CHARGE and any incurred machining costs shall be reimbursed.

 

Title and Risk

  1. Goods remain your property until we accept delivery of the goods.
  2. Risk in the goods passes from you to us on delivery.

 

Payment

  1. You may not charge us any interest where we fail to pay your invoice within 62 days of the end of month of invoice, because we dispute the amount invoiced or the quality of the goods or services supplied.
  2. We may deduct from the price any set off, counterclaim or other sum.

 

Warranty

  1. You warrant that the goods are fit for the purpose for which the goods are designed and meet all specifications in the contract.
  2. You warrant that the goods comply with any applicable standard issued by Standards Australia, or if there is no such applicable standard with general industry standards or practice.
  3. You warrant that the goods will, under proper use, be free from defect due solely to faulty workmanship and materials for a period specified in the contract or if no such period is specified for a period of (5) years from the date of delivery to us.
  4. You warrant that all services you provide will be carried out with due care and diligence and comply with the contract.
  5. Any modifications made to the goods by us without prior written authorization and which causes the goods not to meet the above warranties invalidates those warranties.

 

Indemnity

  1. You indemnify us in relation to any action, claim, judgment or costs arising from any claim arising from a breach of these terms including any breach by us of any agreement with any of our customers which results from your breach.

 

Jurisdiction

  1. A contract of supply is governed by the laws in force in South Australia and the parties submit to the jurisdiction of the courts of South Australia.

 

Force Majeure

  1. A party is not liable for any failure to perform this contract if performance is delayed, or prevented by any circumstance not within direct control of the party and without its fault or negligence, provided that such party promptly gives notice to the other party and endeavor to remedy the cause thereof with all due diligence.

 

Acknowledgment

  1. No failure by you to acknowledge these terms of trade, and no supply of goods in such circumstances, implies that these terms have not been incorporated into, or have been waived in respect of, the contract for supply of the goods.

 

Assignment

  1. You may not assign the contract or subcontract the supply of goods or performance of the services without our prior written approval.

Copyright © 2017 Heavymech Pty Ltd.
website developed by atomix