Quotation – (a) Aussie Hire Pty Ltd ABN 84 009 794 290 (Panelfab) reserves the right to vary or withdraw (whether before or after Panelfab acceptance of the customer’s order) any quotation given by it in order to correct any error or omission affecting the purchase price and/ or Hire charge and or hire charge quoted therin or its calculation or generally (b) The customer shall be responsible to ensure that the quantity, type and description of the goods specified ina ny quotation corresponds with the goods required by the customer. Panelfab under no obligation whatsoever to the customer for any discrepancies not drawn to Panelfab’s attention prior to the acceptance by Panelfab or any order placedon the basis of a quotation.
Price – Panelfab shall be entitled to vary the purchase price and /or hire charge for goods at any time prior to delivery if the cost to Panelfab or performing the contract is increased by reason of any cause whatsoever beyond the control of panelfab including any increase in labour, materials or freight costs, delivery of goods outside of normal working hours or to an address other than originally specified by the customer.
Terms of Payment – (i) If the customer has a credit account with Panelfab the purchase price and /or hire charge for the goodsmust be paid for in full within (30) days from the invoice date, during which the goods were invoiced. Ina ll other cases, the purchase price and /or hire charge of the goods must be paid for on or before delivery. (ii) The customer is not entitled to withhold payment or make any deduction from the price in respect of any set-off or counter claim. If the customer fails to pay for any goods, Panelfab shall be entitled to postpone its obligations under the contract or any other contract with the customer untill payment is made in full to Panelfab and Panelfab will be entitled to increase the purchase price and/or hire charge and or hire/charge to cover any expenses incurred thereby. (iii) The obligation for payment of hire charges to Panelfab starts when the hire unit leaves Panelfab’s yard/depot and ends when the unit is returned to Panelfab’s yard/depot.
Property in the Goods – Notwithstanding delivery of the goods to the customer, propert in the goods shall not pass to the customer untill the customer has paid to Panelfab all sums owing by the customer to Panelfab. The customer shall, untill payment is made in full, hold the goods as bailee for Panelfab and will store the goods separately from other goods and shall keep them readily capable of seperate identification. If payment is not made on or before the due date, the customer hereby acknowledges that it has irrevocably authorised Panelfab to enter upon the place where the goods are situated and remove the same and the customer shall indemnify Panelfab against any action, claim or demand arising out of the exercise by Panelfab or it’s right’s and powers under this clause. This clause applies notwithstanding any agreement between parties whereby Panelfab has extended the customer credit. If goods are delivered by instalment, property shall not pass at any instalment until payment has been made to Panelfab for the whole of the contract quantity. In the event that the customer uses the goods in some manufacturing or construction process of it’s own or some third parties, thenthe customer shall hold such parts of the process of such manufacture or construction as relates to the goods in trust for Panelfab. Such part shall be deemed to equal in dollar terms the amount owing by the customer to Panelfab as at the time of receipt of such proceeds.
Risk – Risk will pass to the customer on delivery of goods notwithstanding that ownership remains with panelfab until payment is made in full.
Delivery – Panelfab shall be entitled to make delivery by instalments and determine the manner of delivery. Panelfab shall be entitled to deliver goods to the premises notified by the customer for delivery even though those premises are unattended at the time of delivery and the parties acknowledge that Panelfab’s delivery records shall be prima facie proof of delivery of the goods to the customer. If Panelfab is prevented from delivering goods for any reason including act of God, strike, lockouts, trade disputes, fire, breakdown, interuption of transport, Panelfab will be under no liability whatsoever to the customer and shall be entitled at it’s option to either terminate the contract or extend the timer for performance.
Default – Should the Customer default in any payment due to Panelfab with respect to any account owing to Panelfab, make or purpose an arrangement with creditors, have a receiver, Manager, Liquidator or Administrator appointed to its property whole or in part, be placed under official management, become bankrupt or have execution levied against its assets, Panlefab shall be entitled to withold any further delivery and/or require payment in cash before making any further deliveries or any of its contracts with the customer.
Liability – The customer acknowledges that Panelfab is under no liability for any defects in goods and futhermore will not be liable to the customer in respect of any claim that the goods or any of them were not in accordance with the contract unless the claim is lodged with Panelfab within seven (7) days of delivery of the goods. All conditions, warranties and representations unless expressly set out in these terms and conditions of sale are hereby expressly excluded. The customer acknowledges that Panelfab is under no liability for any loss, injury or damage (including consequential loss, injury, or damage suffered or caused as a result of or arising out of any act or omission whether negligent or otherwise) by Panelfab, its servants or agents. The customer will indemnify Panelfab against any claims made against Panelfab by any third party in respect of any such loss, injury or damage. Where the goods are not of a kind required for personal, dosmestic or household use or consumption, the liability of Panelfab for breach of conditions, or warranty implied under The Trade Practices Act (not being under section 69 of that Act) will subject to section 68A be limited to one of the following as determined by Panelfab: (i) the replacement of the goods/supply or equivalent goods (ii) payment of costs of replacing the goods
Miscellaneous – (i) A certificate signed by an officer of Panelfab stating the amount due and payable by the customer under any contract shall be prima facie evidence therof. (ii) Panelfab will not be deemed to have waived any of its rights under the contract unless such waiver is in writing signed by the officer. (iii) If any part of the contract is or becomes unenforceable, void or voidable that provision shall be served from the contract so that the validity and enforceability of the remaining provisions of the contract will not be affected. (iv) Each contract shall be governed by the law of Queensland and the parties submit to the jurisdiction of the courts of that state.
Refund Policy – Any goods sought to have a refund on must be returned by the customer to Panelfab within seven (7) days of supply. Panelfab will then analyse the goods returned to determine their merchantable quality. Should Panelfab determine that they are of merchantable quality then the goods will be returned to the customer at the customers expense and payment will be required in full. If the goods are determind by Panelfab not to be of merchantable quality then panelfab shall within seven (7) days of determination refund to the customer the full invoice price by the customer together with the cost of returning the goods.