Condition of Sale
All orders are accepted subject to the conditions stated herein without variation addition or modification, unless agreed in writing by a duly authorised officer of the Seller. Clerical errors are subject to correction.
The Seller reserves the right to cancel or delay completion of work or delivery of the goods in the case of war, civil insurrection, riot, Governmental regulation, fires, floods, accidents, strikes and other causes beyond the Seller’s control without incurring liability therefore.
Orders may be cancelled or deliveries deferred only with the Seller’s consent. In addition, reduction in quantities may, at the Seller’s option, result in retroactive price adjustments to the prevailing unit price for the reduced quantities.
The Seller warrants the products to be free from defect in material and workmanship, but limits its obligation hereunder to replacing, f.o.b., the Seller’s plant, products which are returned, at the Buyer’s expenses, within three months of receipt by the Buyer and which the Seller finds to be defective. The Buyer shall not rely upon any representation as to quality of the products or as to the fitness for any particular purpose unless the same has been made by the Seller in writing. All other warranties conditions and representations expressed, implied or statutory are excluded (so far in the case of representations as such representations can lawfully be excluded).
The seller is not under any circumstances liable for consequential or special damage.
All contracts and orders are subject to credit approval of the Buyer by the Seller and to the Seller’s written acceptance. The Seller may, at any time, alter or suspend credit, refuse shipment or cancel any unfulfilled order when in the Seller’s opinion, the financial condition of the Buyer is unsatisfactory or when the Buyer is delinquent in any payment.
In the case of contracts involving more than one delivery, if default is made on the due date for payment of one delivery, the Seller may at its option treat the contract for future deliveries as repudiated by the Buyers and the Seller shall be entitled to damages.
Unless otherwise stated, all prices quoted are subject to confirmation on receipt of the order. The Seller reserves the right to revise its price in the event of increases in costs between date of confirmation of the order and date of delivery to the customer. All prices are in Australian Dollars.
All contracts and orders are subject to the laws of Australia and construed in all respects as Australian contracts.