Prices quoted by the seller to the buyer will remain valid, subject to the following provisions of this clause, for a period of 30 days from the date of such quotation and thereafter will be liable to alteration at the sellers discretion. Unless otherwise specifically stated by the seller, prices quoted do not include the cost of transport, freight, insurance's, duties, taxes, packing or crating, and other rates and charges (including bank charges) for which an extra charge will be made where the seller considers that such extra charge is appropriate. All prices quoted are exclusive of goods and services and/or sales taxes.
Prices quoted are based on exchange rates, costs of labour, materials, transport, freight and insurance's, indirect taxes and other costs, duties or expenses applying at the time of quotation. Any variations in such rates, costs, duties, taxes or expenses subsequent to such price quotation and either the placement of or during the execution of an order will be charged in addition to the quoted price and will be properly charged to the buyer's account. Prices are based on materials being available when required, and any increase due to necessary substitution of other materials will be properly charged to the buyer's account.
2. Minimum Charge
There will be a minimum invoice value of $ 40.00 Nett.
Risk in any goods supplied by the seller to the buyer shall pass when such goods are delivered to the buyer or to custody on the buyer's behalf but the ownership of any goods supplied by the seller to the buyer shall remain with the seller until payment in full is made for the goods the subject of the contract and for all other goods supplied by the seller to the buyer.
The buyer acknowledges that until payment has been made in full, that:
- The buyer is in possession of the goods as bailee for the seller.
- The buyer shall store the goods separately so that they are clearly identifiable as the property of the seller.
- Any sale of the goods by the buyer to a third party will be made by the buyer as agent for the seller and all sale proceeds will be held in trust for the seller as its property.
- In the event that the buyer combines the goods with, or adds to them his own goods or articles, the buyer does so on condition that the result in goods are the property of the seller.
- In the event that the buyer combines the goods with, or adds to them with goods or articles of a third party the buyer does so on condition that the result in goods are deemed to be owned by the seller and third party.
- The seller reserves the right to enter the buyers premises for the purpose of repossessing any goods not paid for in accordance with general conditions of sale.
- In the event that, contrary to these terms, the buyer disposes of, alters, destroys or otherwise deals with the goods in a manner inconsistent with the seller’s ownership thereof whilst payment in full has not been made, the buyer shall account to the seller for the value of such goods so dealt with and further, the seller will be entitled to the proceeds, if any, of such goods so dealt with.
All purchases will be required to be paid in full prior to dispatch.
5. Warranties And Representatives
All products supplied are guaranteed to be free from defects in material and workmanship for a period of (12) MONTHS from time of delivery. Our liability shall be limited to replacement of defective material only, including reasonable costs of any labour, but not including travelling time or other charges. Neither seller or manufacturer shall be liable for any injury, loss, or damage, direct or consequential, rising out of the use of or the inability to use these products. Before using, user shall determine the suitability of the product for his intended use, user assumes all risk and liability whatsoever in connection therewith. All warranty works are to be authorised in writing by Cambridge Commercial Equipment Pty Ltd, prior to commencement of works. No credits, payments or other charges will be accepted if not so first authorised.
These conditions contain all the terms and warranties and conditions relative to the purchase of any goods from the Company and of the goods themselves. All other express or implied conditions warranties statements assurances or representations including any warranty as to the suitability fitness for any purpose or as to merchantability or any other quality ( insofar as the same may be ) are hereby expressly negated.
THE CUSTOMER ACKNOWLEDGES AND DECLARES THAT THE CUSTOMER HAS READ THESE TERMS AND CONDITIONS AND UNDERSTANDS THE SAME, THAT NO WARRANTY OR REPRESENTATIONS HAVE BEEN MADE TO THE CUSTOMER OTHERWISE THAN HEREIN CONTAINED, NO WARRANTY ASSURANCE PROMISE OR REPRESENTATION HAS BEEN MADE REGARDING THE QUALITY FITNESS FOR USE SUITABILTY OR MERCHANTABILTY OF GOODS FOR ANY PURPOSE WHATSOEVER, AND THAT IN ALL THINGS THE CUSTOMER HAS RELIED ON HIS OWN KNOWLEDGE AND JUDGEMENT.
If the seller shall state or accept any time for delivery or completion of the contract or any part thereof then such shall be approximate only and shall not be deemed to be of the essence of the contract.
The seller shall not be liable for the failure to deliver or complete the contract or any delivery or completing the contract where such failure or delay is occasioned by Act of God, fire, accident, war, strike, lock-out, shortage of labour, lack of skilled labour, breakdown of plant, non-delivery of raw materials, difficulty in procuring components or materials, delays by suppliers or sub-contractors, delays in transit, delays by the buyer, legislative governmental or other prohibitions or restrictions, or any other event of any kind whatsoever which is beyond the control of the seller, and the buyer shall have no right of cancellation of the contract but shall accept delivery of the goods when the seller is reasonably able to deliver the goods having regard to the seller's commitments to other customers.
An offer or quotation by the seller shall become binding upon the seller only upon receipt written in such form as the seller may require. Order forms and other documents provided to the seller by the buyer as confirmation of orders previously placed must be clearly marked with the words "confirmation". Confirmation documents so marked will be treated as original orders. Acceptance of goods is deemed to be acceptance of these terms and conditions.
8. Customers Statutory Rights
These conditions, warranties and disclaimers are subject to the rights and remedies in respect of the items which the buyer has under the Trade Practices Act and are the State and Territory laws and shall apply to the extent not otherwise excluded by such legislation. Pursuant to Section & (1) of the Consumer Transactions Act 1972 as amended, if the customer is "entitled to rescind" any agreement for the sale of goods, then the Company shall rely upon Section 7 (3) of that Act to the extent that the Customer shall indemnify the Company in respect of all loss in excess of that sustained through the normal use of goods howsoever occasioned through such recission.
Except for defective items supplied by the seller, items returned for credit will only be accepted on the following conditions:
- Items returned must not be obsolete, incomplete damaged or otherwise imperfect.
- The amount of credit allowed in respect of the items returned, if any, will be subject to a service charge at the seller’s rate of (30%) thirty percent, unless the agreement specifically states otherwise.
- Items cannot be rejected unless defective on original supply or incorrectly supplied. Items specially produced or procured to the buyer’s order cannot be rejected as being unsuitable or because they are no longer required by the buyer.
- No responsibility is accepted by the seller for items lost or damaged in transit during return to the seller.
- No returns will be accepted for credit after the expiry of (7) seven days from date of original supply.
If the buyer:
Is in breach of any of the terms and conditions of the contract, and in case of any default which may be remedied, fails to remedy the same within 7 days of receiving written notice specifying default; or
Shall have any execution levied against it or become bankrupt or insolvent or commit any act of bankruptcy or enter or intend to enter into any composition or arrangement with its creditors or (in the case of a company) do any acts which would render it liable to be wound up or have a receiver appointed over its property or if it shall have a winding up order made against it or pass or attempt a resolution for winding up or be a party to the appointment of or have a manager or receiver appointed of the whole or any part of its property or undertaking.
Then without prejudice to any other remedy available to the seller, give the seller by written notice may forthwith enter, suspend or terminate the contract without prejudice to any other right or remedy it has at law or equity; and whether or not such notice is given, demand payment for all goods produced by the seller, whether delivered or not and any other moneys payable by the buyer shall immediately become due; and the same will apply of the proceeds in or towards payment of the purchase price. All costs and expenses of or incurred by the seller as a result of any such action shall be payable by the buyer on demand. Any suspension of the contract by the seller shall not prevent it terminating the contract during the period of suspension.
Cancellation of any order by the buyer will only be effective if accepted by the seller in writing and in any event shall be upon the condition that the buyer shall pay the seller for all work done and materials used by the seller in the execution of work on the buyer’s behalf up to the date of cancellation.
12. Governing Law
The validity and interpretation of these conditions of sale and of the rights of the parties both pursuant to these conditions of sale and otherwise shall be governed by the laws of Australia.
"The Seller" means CAMBRIDGE COMMERCIAL EQUIPMENT PTY LTD . "The Buyer" means the person, firm or company which has offered to purchase the goods from the seller or to whom the seller has offered to sell the goods.
14. Manufacturers Specifications
Due to Manufacturers continuous improvements, Product Specifications may change without notice.