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PARKES HYDRAULIC SERVICES PTY LTD

    A.C.N. 060 780 761

GENERAL CONDITIONS OF SALE 

Unless otherwise stated all quotations submitted and goods are sold under the following conditions.

CONDITIONS OF ORDER

This quotation is based on costs in force at the date shown hereon.  Should the costs of goods or materials or labour change anytime prior to the completion of any contract based on the acceptance of this quotation, the Supplier reserves the right to vary the prices in accordance with any such changes.  Should any goods or materials be imported by the Supplier the goods or material costs for the purpose of this clause means the actual amount paid in Australian currency by the Supplier to land goods at the Supplier’s work place nominated.  Where any goods are to be imported prices are based on current duty and exchange rates. 
Increases in duty payable or exchange rates will be charged to the Purchaser’s account.  Any order placed with the Supplier based on this quotation implies acceptance of all conditions unless any variation is requested in writing accompanying the order and such variation is accepted by the Supplier in writing.

All dimensions, weights, measures and performance of the machines and dates delivery of delivery thereof appearing on any offer, quotation, acceptance, catalogue, circular, drawing or blueprint issued by the Supplier are approximate only and are not binding in details on the Supplier.
This quotation is subject to withdrawal at any time until we accept the order.

RELEVANT LAW

The law of New South Wales shall govern any contract based on this quotation and the Purchaser agrees to submit to the jurisdiction of the Courts of the State in regard to any dispute or claim arising hereunder.

TERMS

Unless otherwise agreed in writing, terms of payment are cash upon receipt of goods.   If you have a trading account payment is 30 days from end of month invoiced.

DELIVERY

Unless otherwise agreed in writing prices are quoted ex works Parkes and delivery will be given and taken at that point.    
The supplier will, if required, endeavor to arrange freight or other carriage on the Purchaser’s behalf and at the Purchaser’s risk and cost. All goods will consigned at the Purchaser’s risk and insurance of any goods will be the Purchaser’s responsibility.

The Supplier will on the Purchaser’s instructions, endeavour to affect insurance on goods in transit to the point of delivery but at the Purchaser’s expense and responsibility.
Should the Supplier be prevented from delivering the goods or any part thereof by any reason of any riot, strike, lockout, or shortage of supplies or by act of God or by any other cause beyond his control, the delivery date shall be extended for a period beyond the ceasing of the operation of the cause preventing or delaying delivery such extended period being equal to the duration of the cause which prevented or delayed delivery.
The Supplier shall not be liable to make good any loss or damage arising directly or indirectly out of any delay.

Any Contract which provides for delivery of goods by installments - each installment shall be deemed to be sold under a separate contract. Failure by the Supplier to deliver an installment within the time stated or at all shall not entitle the Purchaser to repudiate with regard to any other installments remaining to be delivered.
Should the Purchaser fail to pay the Supplier any sum due and payable hereunder in its due date or if the Purchaser should fail or refuse to take delivery of any goods or equipment to be delivered hereunder or if the purchaser should make any default hereunder then and in any such case the Supplier may by notice in writing to the Purchaser either:

  • Suspend further deliveries until all or any such defaults are made good or,
  • Cancel the Contract hereby created so far as deliveries not affected at the date of such cancellation and upon the basis that such cancellation shall not cut down of affect all nights, power and remedies available to either party whereto at the date of such cancellation and shall be without prejudice to the right of the Supplier to sue for damages for breach of contract.

PACKING
Packing is not included in the Contract price unless otherwise stated and if required shall be an additional charge on the Purchaser’s invoice. Packing cases or crates (when used) are not returnable to the Supplier.

PATENTS
Orders to the Purchaser’s design are accepted subject to the Purchaser’s warranty that no patent or registered design rights will be infringed in the manufacture or sale thereof and upon conditions that any such order given on this Quotation constitute an indemnity to the Supplier against all expenses, damages or losses incurred by the Supplier in consequence of any such infringement.

TESTING

It is specifically agreed that it will be the responsibility of the Purchaser to provide adequate details of performance required, operational conditions and site limitations. This quotation does not provide for testing of the goods beyond the standard procedures adopted by the Supplier or for testing under supervision of the Purchasers representatives requirements.

TOOLING

Unless otherwise specifically agreed all tools, gauges, jigs, patterns and other equipment and all drawings, blue prints and specifications provided by the Supplier shall be and remain the Supplier’s property.
           
SHORTAGES

No claim for shortages or damage to goods shall be entertained unless written notice thereof is given to the Supplier within fourteen (14) days after delivery and unless the goods are preserved intact as delivered for a period fourteen (14) days after such notice is given, within which time the Supplier may attend and inspect the complete delivery.

WARRANTY

The Supplier warrants goods sold or manufactured from manufacturing defects but the Supplier liability under this warranty is limited to replacement of defective goods or parts free of charge at the Supplier’s works (but not including labour charges for replacing such goods or parts) provided:

  1. A claim is lodged with the Supplier within six (6) calendar months or One Thousand (1000) hours – whichever is the less – after delivery or
  2. Any goods or parts subject to the claim are returned to the Supplier’s works properly packed and freight prepaid and
  3. Should such goods comprise a machine the said machine must have been properly and correctly installed by the Purchaser and lubricated and maintained as directed and operated in a proper and workmanlike manner and not subjected to loads heavier than specified.
  4. This warranty shall not apply in the case of any component which has been repaired, altered or attended to in any way outside our factory without our consent; or has been subject to misuse or negligent treatment or damage accidentally

 

In the case of goods parts not of the Supplier’s manufacture the foregoing warranty is subject to a conditional upon the supplier having received an enforceable warranty in the same terms from the Manufacturer.
All other warranties whether implies by law or otherwise are expressly excluded and liability is further excluded for any defect or fault arising in transport, handling, installation, fixing operation of the goods and for any consequent loss or damage arising from any defect whatsoever in the goods, and for any loss of profit alleged to have been suffered by the Purchaser as a result of such defective goods or parts.


IF OIL FLOWS THROUGH IT, WE DO IT !