These terms and conditions are current for trading with the Seller at the time of issue, however the terms and conditions may vary from time to time.
In these conditions unless the contrary intention appears:
"Additional Charges" includes all delivery, handling and storage charges, goods and services tax, stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to Seller arising out of the sale of the Goods.
"Customer" means the person to or for whom the Goods are to be supplied by Seller.
"Goods" means the goods sold to the Customer by Seller.
"Payment Terms" means 30 days from date of invoice.
"Purchase Price" means the list price for the Goods as charged by Seller at the date of delivery (excluding any delivery costs) or such other price as may be agreed by Seller and the Customer prior to delivery of the Goods.
"Seller" means Oxyquip
2. Order for Goods
2.1 An order given to Seller is binding on Seller and the Customer, if:
2.1.1 a written acceptance is signed for or on behalf of Seller; or
2.1.2 the Goods are supplied by Seller in accordance with the order.
2.2 An acceptance of the order by Seller is then to be an acceptance of these conditions of sale by Seller and the Customer and these conditions of sale will override any conditions contained in the Customers order. Seller reserves the right to accept a part only of any order by notifying the Customer in writing or by delivering the Goods to the Customer. No order is binding on Seller until accepted by it.
2.3 An order which has been accepted in whole or in part by Seller cannot be cancelled by the Customer without obtaining the prior written approval of Seller, which it may refuse in its absolute discretion.
3. Description of Goods
The description of the Goods is for the purpose of identification only and use of a description does not constitute a sale by description;
Any sample of Goods exhibited to, or inspected by the Customer is supplied solely to judge the quality in bulk and does not constitute a sale of sample;
No warranty is given as to the suitability of Goods to the Customers requirements and in purchasing the Goods, the Purchaser is deemed to acknowledge that it cannot rely on the skill and judgment of the Seller, its agents or employees in this regards.
4.1 Certain laws imply terms, conditions and warranties ("Prescribed Terms") into contracts for the supply of goods and prohibit the exclusion, restriction or modification of such terms, conditions and warranties. The liability of Seller in respect of a breach of a Prescribed Term or any warranty made under these terms and conditions is limited, to the extent permissible by law and at the option of Seller, to the:
4.1.1 replacement of the Goods or the supply of equivalent Goods;
4.1.2 repair of Goods; or
4.1.3 the payment of the cost of replacing the Goods or of acquiring equivalent Goods or
4.1.4 the payment of the cost of having the Goods repaired.
4.2 Any claims to be made against Seller for short delivery of Goods must be lodged with Seller in writing within 7 days of the delivery date.
4.3 Unless the terms and warranties are included in these standard terms and conditions, all prior discussions, quotations, warranties and Prescribed Terms, to the extent permitted by law, are excluded.
5.1 Delivery of the Goods will be made to an address nominated by the Customer. The Customer will make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
5.2 Delivery of the Goods to the nominated address is deemed to be delivery of the Goods to the Customer.
5.3 The times quoted for delivery are estimates only and Seller accepts no liability for failure or delay in delivery of Goods. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by instalments at the discretion of Seller.
5.4 Risk in accepting the Goods passes on delivery to the Customer.
5.5 All Additional Charges (including delivery) are payable by the Customer in addition to the Purchase Price of the Goods.
5.6 Return of Goods will not be accepted by Seller except by prior agreement in writing with Seller and custom Goods will not be returnable. Any Goods returned will be subject to a restocking charge of 20% of the Purchase Price of those Goods, must be free of damage and in a saleable condition and all freight charges are to be pre-paid to the Seller.
6. Price and Payment
6.1 The Customer must pay the Purchase Price and the Additional Charges to Seller in accordance with the Payment Terms.
6.2 If the Customer is in default, Seller may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights.
6.3 All payments are due in accordance with the Payment Terms. Interest is charged at the rate of 1.5% per month or part of a month from the expiry of that period until the date payment is received by Seller.
6.4 This website is intended to be a guide only and may exclude certain transactions. Please refer to your account statement for a complete listing of all transactions relating to your account.
7. Intellectual Property
The sale of Goods does not have the effect of vesting in the Customer any right to any of the Sellers intellectual property rights in the Goods, including without limitation the Sellers trading name, registered trade marks, copyright in Goods, designs and patents, the ownership of which will remain with the Seller at all times.
8. Retention of Title
8.1 Ownership, title and property of the Goods remains with Seller until payment in full for the Goods and all sums due and owing by the Customer to Seller on any account has been made. Until the date of payment:
8.1.1 the Customer has the right to sell the Goods in the ordinary course of business;
8.1.2 until the Goods have been sold by the Customer in the ordinary course of the Customers business, the Customer holds the Goods as bailee for the Seller;
8.1.3 the Goods are always at the risk of the Customer.
8.2 The Customer is deemed to be in default immediately upon the happening of any of the following events:
8.2.1 if any payment to Seller is not made promptly before the due date for payment;
8.2.2 if the Customer ceases to carry on business or stops or suspends payment or states its intention of so doing or is unable to pay its debts as they fall due or if any cheque or bill of exchange drawn by the Customer payable to Seller is dishonoured;
8.3 In the event of a default by the Customer, then without prejudice to any other rights which Seller may have at law or under this contract:
8.3.1 Seller or its agents may without notice to the Customer enter the Customers premises or any premises under the control of the Customer for the purposes of recovering the Goods.
8.3.2 Seller may recover and resell the Goods;
8.3.3 if the Goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, Seller may in its absolute discretion seize all goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of Seller and the Customer may be ascertained. Seller must promptly return to the Customer any goods the property of the Customer and Seller is in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customers business howsoever arising from the seizure of the Goods.
8.3.4 In the event that the Customer uses the Goods in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the Goods in trust for Seller. Such part will be an amount equal in dollar terms to the amount owing by the Customer to the Seller at the time of the receipt of such proceeds. The Customer will pay Seller such funds held in trust upon the demand of Seller.
9. Goods and Services Tax
Goods and Services Tax (GST) will be shown separately in the tax invoice for the sale of the Goods. The amount of GST payable in respect of the supply of the Goods is payable by the Customer. The Customer must indemnify Seller in respect of GST paid and payable by Seller for the supply of the Goods.
10.1 These terms and conditions are to be construed in accordance with the laws from time to time in the State of WA. The parties submit to the non-exclusive jurisdiction of the State of WA.
10.2 These standard trading conditions contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
10.3 Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.
10.4 No waiver of any of these terms and conditions or failure to exercise a right or remedy by Seller will be considered to imply or constitute a further waiver by Seller of the same or any other term, condition, right or remedy.
11.1 Where the Seller has not manufactured the Goods, the Seller will pass on any warranty provided by the manufacturer of the Goods. The Seller will be under no liability whatsoever except for the express conditions as detailed in and stipulated in the manufacturers warranty.
11.2 Subject to clause 11.1 and clause 11.3, the Seller warrants that if any defect in any workmanship manufactured by the Seller becomes apparent and is reported to the Seller within twelve (12) months of the date of delivery (time being of the essence) then the Seller will (at the Sellers sole discretion) repair the defect or replace the workmanship.
11.3 The conditions applicable to the warranty given by clause 11.2 are:
(a) The warranty shall not cover any defect or damage which may have been caused or partly caused by or arise through:
(i) failure on the part of the Customer to properly maintain the Goods; or
(ii) Failure by the Customer to follow any instructions or guidelines provided by the Seller; or
(iii) Any use of the Goods otherwise than for any application specified on a quote or order form; or
(iv) The continued use of the Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) Fair wear and tear any accident or act of Gods.
(b) the warranty shall cease and the Seller shall in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Sellers consent
(c) in respect of all claims the Seller shall not be liable to compensate the Customer for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Customers claim.
"Goods" includes but is not limited to the supply of equipment or supplies to the Customer.
12 Website disclaimer The information contained in this website is for general information purposes only. The information is provided by [business name] and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.Through this website you are able to link to other websites which are not under the control of [business name]. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.Every effort is madeto keep the website up and running smoothly. However, Oxyquip takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Equipment provided by the Seller comply with Occupational Health and Safety Acts in each of the States and Territories at the time of delivery.