C & M LEUSSINK ENGINEERING PTY LTD
The terms and conditions set out hereunder shall apply
to all tenders, quotations & sales made by C&M
Leussink Engineering Pty Limited (hereafter the Company)
unless expressly negated by the Company in writing.
a) Any quotation in relation to the Goods issued by the
Company is an estimate of the costs of the Goods only
and does not constitute an offer by the Company unless
stated to be an offer by the Company in writing. Any quotation
may be withdrawn or altered by the Company without notice.
b) Acceptance of a quotation must be made in writing within
the period stated on the quotation. If no period stated
on the quotation, then it is valid for a period of 30
days from the date of quotation and acceptance thereafter
is subject to the right of the company to (i) Revise the
price or other terms quoted. (ii) Quotation being withdrawn.
c) Any variation of, or additional work to that contained
in the specification shall be added to the price and charged
to the Customer / Purchaser’s account.
d) If for any reason it is necessary for the work to be
effected outside normal working hours, any additional
cost incurred shall be added to the price and charged
to the Customer / Purchaser’s account.
e) Where the material is free issued the Company will
not replace material damaged or in any way rendered unsuitable
due to faulty workmanship. The Company will however, re-work
replacement materials, during normal working hours, with
no variation to the original order price.
f) Where the material requires a heat treatment process,
The Company will subcontract the heat treatment requirement
to a Supplier deemed by the Company as most suitable for
that process at the time. Conditions of Contract from
the heat treatment supplier shall apply with regard to
any heat treatment issues.
g) The Price of Goods, unless otherwise stated in the
quotation, excludes the cost of carriage and is GST exclusive.
a) The acceptance of a quotation will be taken as an acceptance
of these Contract Terms and Conditions by the Customer
/ Purchaser, whether such acceptance is communicated to
the Company by the Customer / Purchaser or by any other
person on behalf of the Customer / Purchaser. Payments
received are also considered acceptance of these Contract
Terms and Conditions.
(a) Unless otherwise stated, payments for all prices quoted
must strictly be made as stated in the quotation.
(b) Progress payments may be requested in advance or required
strictly as stated on the quotation.
(c) The Company may charge on overdue balances outstanding
at its current overdraft rate plus two percent (2%) as
a handling fee.
(d) If payment is not received by the Company on or before
the due date, the Customer / Purchaser will be liable
for all the cost incurred in recovery, including all debt
collection agency fee’s and legal costs.
(e) If the Customer / Purchaser becomes, or is in danger
of becoming the subject of an insolvency event, the Company
i. Repossess any Goods in the Customer / Purchaser’s
possession, custody or control wherever located for which
full payment has not been made; and
ii. Offset any payments owed by the Customer / Purchaser
to the Company against any moneys owed by the Company
to the Customer / Purchaser.
(f) The Customer / Purchaser must not withhold payment
of any invoice by reasons of set off, counter claim or
(g) Time of payment is of the essence of the Contract.
OWNERSHIP AND RISK
(a) Legal and equitable ownership, property
and title in any goods sold to the Customer / Purchaser
shall remain with the Company until the Customer / Purchaser
has paid for the goods and if paid by cheque, the cheque
is cleared. If the goods are not paid for in accordance
with these terms and conditions the Company may retake
possession of all the goods for which payment has not
been made and for this purpose may enter upon the Customer’s
/ Purchaser’s premises within business hours and
without notice and permanently retain or resell the goods
of which it has retaken possession.
(b) All risk in the Goods shall pass to the Customer /
Purchaser from the first occurrence of:
i. The passing of title in the Goods to the Customer /
ii. The physical delivery of the Goods to the Customer
iii. When the Goods have been dispatched from the premises
of the Company or placed on a carrier to deliver the Goods
from the Company to the Customer / Purchaser, where the
carrier has been nominated, arranged or retained by the
Customer / Purchaser: or
iv. When the Goods arrive at the premises of the Customer
/ Purchaser (prior to being taken off the carrier) where
the carrier to deliver the Goods from the Company to the
Customer / Purchase has been nominated, arranged or retained
by the Customer / Purchaser; or
v. If the Goods are stored by the Company in excess of
14 days on behalf of the Customer / Purchaser.
(c) The Company is not liable for any loss or damage or
deterioration of the Goods after risk in the Goods has
passed to the Customer / Purchaser.
CLAIMS AND WARRANTY
(a) Claims for shortages of goods should
be made in writing immediately upon receipt of goods and
no claim will be recognised unless made within 7 days
from receipt of the consignment in respect of which the
shortage is alleged.
(b) The Customer / Purchaser must not return Goods to
the Company for any reason except upon written consent
of the Company. This consent must be obtained within 30
days of receipt of Goods. The Goods must be returned to
the Company within 14 days from the date of the written
consent. Goods specifically purchased or manufactured
for the Customer / Purchaser are not returnable. It is
the Customer / Purchaser’s responsibility to organise
and bear the cost of transport of the Goods to the Company.
A 25% re-stocking is applicable to all approved return
(c) In relation to the supply of 3rd party Goods, the
Company will use its endeavours to pass on the benefit
of warranty given by the manufacturer to the Company.
In the absence of any manufacturer’s warranty, the
default warranty period is 6 months (unless stated otherwise
on the invoice) from dispatch date of Goods. The cost
of freight to return 3rd party manufactured goods to the
original manufacturer for warranty purposes is at the
cost of the Customer / Purchaser unless specific warranty
has been purchased indicating the inclusion of this freight
cost. The cost of freight of the goods returning to the
Customer / Purchaser from warranty repair is at the cost
of the Customer / Purchaser.
(d) In relation to Company manufactured Goods, the standard
warranty period is 6 months from the dispatch date of
the Goods. At the its sole discretion, the Company may
do any one or more of the following:
i. repair / replace the goods or supply an equivalent;
ii. pay the cost of repairing / replacing the Goods or
purchase an equivalent.
(e) In relation to Company repairs and services Goods,
the standard warranty period is 6 months from the delivery
date of the Goods. At the its sole discretion, the Company
may do any one or more of the following:
i. undertake the services again;
ii. pay the cost of having the services undertaken again
(f) Warranty Exclusions (as far as allowed under current
i. Normal wear and tear;
ii. Accident, abuse, criminal or fraudulent act, neglect
by a person other than a Company representative;
iii. Improper Installation, Commissioning and Maintenance;
iv. Unauthorised (by Company) servicing and/or repairs;
v. Costs to remove, transport to and from Company and
re-installation and commissioning;
vi. Damage/loss during transit;
vii. Any defect not properly notified to the Company and
within the Warranty period;
viii. Any defect where the Customer / Purchaser knew of
the defect but yet continued to use the Goods;
ix. A Force Majeure Event.
(g) A Warranty claim must be lodged by the Customer /
Purchaser directly to the Company within the warranty
period and before any remedial work is undertaken. Any
unauthorised work may null and void the warranty. At the
Company’s sole discretion, the Company may request
the Customer / Purchaser to return the goods (at the Customer
/ Purchaser’s cost) to the original point of despatch
or another location. If the transport cost to another
location exceeds the transport cost to the original despatch
location, the Company may, at its sole discretion, pay
(h) The Company is not liable for any loss of profit,
economic loss, penalties or any form of consequential
(a) Unless otherwise agreed upon, the
time of delivery is calculated from the date of the Company’s
receipt of all details necessary to execute the order.
(b) Dates of delivery are estimates only and are quoted
in good faith in light of the conditions and circumstances
prevailing at the time. The Company shall not be responsible
for any loss or damage suffered as a result of the failure
to meet any delivery date, whether agreed to by the parties
to this Contract or otherwise. The Customer / Purchaser
shall not be relieved of performance because of the Company’s
failure to meet any delivery date.
(c) Estimated delivery date refers to the expected dispatch
date from the Company. The Company is not liable for delays
resulting in goods not delivered on time due to 3rd party
freight suppliers failing to deliver on time.
TAXES & DUTIES
(a) The price for the goods has been
calculated not having regard to the Australian and or
State taxes (including Goods and Service Tax), duties,
levies and impositions in force as at the date of this
agreement. Any application or variation in such taxes
shall, to the extent that they affect the cost of supplying
the goods, be passed onto the Customer / Purchaser.
(a) The Company may in its discretion
and without notification to the Customer / Purchaser subcontract
the whole or part of the production of the goods and services.
(a) The Customer / Purchaser does not
gain any rights or licence to the Company’s Intellectual
or other Property other than the right to install, use
or resell the Goods.
(b) All information provided such as drawings, specifications,
documented processes are confidential and remain the property
of the Company and are only to be used for the purpose
for which it is supplied and shall not be disclosed in
any form without our prior written consent from the Company.
Copyright shall remain vested in the Company and the Customer
/ Purchaser will have a right to install and use the Goods
(a) If at any time the Customer / Purchaser
purports to terminate and / or repudiate or cancel the
Contract (or Purchase Order) entered into with the Company,
then, and without prejudice to any other rights or remedies
which the Company may have, the Company shall be entitled
to recover from the Customer such proportion of the Contract
value as shall be equivalent to the proportion of expenses
incurred on behalf of the Customer / Purchaser to date
including the Company’s profit on the total contract
price. A written statement by an authorized officer of
the Company stating the proportion of the contract price
to be paid under this provision shall be conclusive evidence
of the amount payable by the Customer / Purchaser
(b) Any advance payments received will be used as a portion
of expenses incurred on behalf of the Customer / Purchaser
or as a portion of the Company’s profit on the total
LIMITATION OF LIABILITY
The Company, to the extent allow under current legislation
and law, is:
(a) Not liable for any loss or damage, however caused
(including, but not limited to, by the negligence of the
Company), suffered by the Customer / Purchaser or any
other person in connection with:
i. This contract;
ii. The Goods;
iii. Any misrepresentation by the Company, its directors,
officers, employees, agents and/or subcontractors; or
iv. Any statement by a 3rd party accepted in good faith
by the Company and repeated by it, in connection with
the Goods; and
(b) Not liable to the Customer / Purchaser or to any other
person for any loss of profit or other economic loss,
indirect, special, consequential, general or other similar
loss or damage howsoever arising.
Nothing in these terms is intended to
exclude or modify any rights which the Customer / Purchaser
may have under any legislation or laws.
(a) This contract is governed by and
will be construed in accordance with the laws of the State
in which is situated the office of the Company to which
the order is addressed and the Customer / Purchaser and
the Company hereby submit to the jurisdiction of the courts
of that State and all courts competent to hear from those
(a) These Contract Terms and Conditions
contain the entire Agreement between the parties hereto
on the subject matter of this Agreement, and there are
no oral or written representations, stipulations, warranties,
agreements, or understandings relating to the subject
matter of this Agreement. Any variations or modifications
of these Contract Terms and Conditions must be in writing.
(a) We may use and disclose to third
parties personal information held by the us, including
information relating to the your commercial dealings and
transactions with us for reasons including; arranging
delivery of goods; facilitate our internal business operations
including fulfilment of any legal requirements; credit
reference checking and verification of your financing
arrangements; arranging or facilitating any Warranty repairs
or services and; providing you with information and promotional
material about other products and services that may be
of benefit to you. You can request access at any time
to personal information held by us, and we will process
the request within a reasonable time. You may ask us at
any time to correct personal information held by us which
you believe is incorrect. Access and correction requests
will be granted in accordance with the Privacy Act 1988
(a) The Company reserves the right to
review and amend its Contract Terms and Conditions from
time to time. It is the responsibility of the Customer
/ Purchaser to consult the most current version of the
Contract Terms and Conditions available by contacting
a Company representative or available of the Company’s
website. All quotations refer to the most current version
of Contract Terms and Conditions.