TERMS

1. General – These conditions of supply apply to the sale of items and equipment and engagement in Design and Construction Contracts by Bathurst Hydraulics & Pneumatics Pty Ltd (the company). NO variation of any of these conditions shall be binding on the company unless assented to by the Company in writing.

2. Precedence – In the event of conflict between these conditions and those which may be included in, or implied by, any document forming part of any enquiry, specification, quotation, order or contract, then these conditions prevail except in as far as they are expressly varied by the company in writing or otherwise by law.

3. Acceptance – A quotation is not to be construed as an offer or obligation to sell and the Company reserves the right to accept or reject any orders received.

4. Validity – Unless otherwise stated, quotations are open for acceptance for a period of 30 days from date of quotation and thereafter are subject to confirmation before acceptance.

5. Cancellation or Variation – A contract may, at the company’s option, be terminated in the event of insolvency of the purchaser or of execution being levied against any of the goods of the purchaser or of the purchaser being placed in liquidation, whether voluntarily or otherwise. An order may be varied only if such variation is accepted by the Company in writing and any variation or cancellation by the purchases (whether or not it has been agreed to by the Company) may only occur on terms which will provide for the Company to be indemnified by the purchaser against any loss or damage.

6. Information and Drawings – All descriptive specifications, illustrations, drawings, data, dimensions and weights furnished by the Company or otherwise contained in quotations of the company are approximate only and are intended to be by way of general description of the goods and not form part of the contract unless certified by the Company in writing, in which case, they be subject to recognized tolerances. The company is not deemed to have agreed to comply with any specifications and drawings referred to in any order unless such specifications and drawings have been produced to the Company prior to the delivery of goods and signed by the company.

7. Performance – Any performance figures given by the company are based on the company’s experience and are such as the company expects to obtain on test. The company is under no liability for damages for failure to attain such figures unless the Company has specifically guaranteed them in writing, subject to recognised tolerances applicable to such figures.

9. Minimum Order Value – there is no minimum order value applied to orders supplied by the Company.

Should the purchaser delay in respect of any payment due to the company then the company shall have the right in addition to all other rights at law to charge interest on the overdue amount at such rate as is charged to the company by the company’s bankers for overdraft accommodation and calculated from the date of invoice to the actual date of full and final payment. Payment will be credited first against interest accrued. The Company may also defer or cancel any outstanding balance or an order and may enter upon the purchaser’s premises or elsewhere as provided in Clause “Storage”.

11. Delivery – The delivery period quoted commences from the date the company receives sufficient information to proceed with supply or from the date the company receives the purchaser’s written order, whichever is the later date. Quoted delivery dates are subject to confirmation when placing the order. The Company is not in any event liable to the purchaser for any loss of profits or any other consequential loss or damage caused to the purchaser by any delay in the delivery or any non-delivery of the goods or any part of them.

12. Storage – If delivery is delayed for any reason beyond the Company’s reasonable control for a period of 14 days after the date on which the purchaser is notified that the contract goods or any completed items forming part thereof are ready for delivery, the risk of such goods shall forthwith pass to the purchaser, and the Company is entitled to present invoices to the purchaser for payment in accordance with clause “Terms of payment”. If the purchaser fails to take delivery of the goods in accordance with the preceding sentence, the company may arrange suitable storage of such goods at the company’s premises or elsewhere and all costs of or incidental to such storage must be borne by the purchaser. The purchaser must, on demand, pay to the Company all costs of storage, insurance, demurrage, handling and other charges incidental to such storage.

13. Property and Risk – Notwithstanding that the goods are in whole or in part at the risk of the purchaser, the property in and legal title to the goods remains with the company until they and all other goods previously supplied by the company whether under this or any other contract (collectively referred to as the goods) have been paid for by the purchaser.

14. Loans & Hire – Any equipment loaned or hired out by the company that is not returned to the company within the specified loan or hire period are deemed as sold, and the price of the equipment becomes due and payable by the recipient. Any equipment loaned or hired out by the company must be returned by the recipient in the original packing, and in original condition – fair and reasonable wear and tear excepted. Any returned equipment found damaged or defective will result in the recipient being charged for repair charges, or the cost of the equipment, whichever is the lesser. Return freight, if applicable, will be paid by the recipient.

16. Training – where training forms a part of the supply of goods and services, such training will be charged at a rate per 8 hour day (or part thereof) for a specified number of trainees, and cover provision of training equipment, training instructor and course handouts. Where training is carried out external to the company’s offices, the cost of transporting equipment and instructor’s airfares, hire car for site transportation, meals, accommodation and miscellaneous out of pocket expenses will be charged at cost plus 10%. All travel time and stand-by / waiting time will also be charged in accordance with the labour rate ruling at the time.

17. Engineering Assistance – Any engineering or technical assistance provided by the company, not already covered by any other clause herein or other condition of contract as applicable, will be charged at the labour rate ruling at the time, (including travel and stand-by I waiting time), plus expenses at cost plus 10%. Any required miscellaneous materials purchased by the company will be charged at cost plus 30%.

Any unauthorised repairs or alterations to the equipment invalidates this warranty. In the case of goods not of the manufacture of the company, the company undertakes that it will, if requested in writing by the purchaser, make all reasonable endeavour in assisting the purchaser to obtain from the manufacturer the benefit of any guarantee or warranty which the manufacturer may have expressly given as to the quality or fitness for any purpose of the goods, except as may otherwise be provided for by law. The fulfillment of this undertaking constitutes the company’s sole liability for any loss of profits or consequential loss or damage suffered by the purchaser in consequence of any defect in material or workmanship of such goods or the failure of the goods to perform in accordance with any performance figure stated. There are no expressed or implied warranties given by the company in warranty that is applicable is the warranty supplied by the comply with all reasonable conditions of such warranty.

This warranty does not exclude any condition or warranty implied by the Trade Practices Act 1974 or separate State Laws and is in addition to any other right that the original purchaser or any subsequent purchasers may have at law.

19. Indemnity – The purchaser must comply with all instructions of the company in relation to the fitting, installation and use of the goods. Notwithstanding such compliance, the purchaser must keep the company indemnified against all claims expenses and liabilities of whatever nature including, without limiting the generality of the foregoing, claims for death, personal injury, damage to property, and consequential loss, including loss of profit which may be made against the company or which the company may sustain pay or incur arising out of the manufacture or sale of the goods, unless the same is directly and solely attributable to any breach of contract or by negligence of the company or its authorised employees or agents.