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Terms and conditions

C & M LEUSSINK ENGINEERING PTY LTD

 

CONTRACT TERMS AND CONDITIONS

 

General

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.

 

Quotations 

  1. 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 Any quotation may be withdrawn or altered by the Company without notice.
  2. 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 (ii) Quotation being withdrawn.
  3. 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.
  4. If for any reason it is necessary for the work to be affected outside normal working hours, any additional cost incurred shall be added to the price and charged to the Customer / Purchaser’s account.
  5. 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.
  6. 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.
  7. The Price of Goods, unless otherwise stated in the quotation, excludes the cost of carriage and is GST exclusive.

 

Acceptance

  1. 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.

 

Payment

  1. Unless otherwise stated, payments for all prices quoted must strictly be made as stated in the quotation.
  2. Progress payments may be requested in advance or required strictly as stated on the quotation.
  3. The Company may charge on overdue balances a fee of twenty five percent (25%) per annum, calculated monthly, or part thereof.
  4. 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.
  5. If the Customer / Purchaser becomes, or is in danger of becoming the subject of an insolvency event, the Company may:
    1. Repossess any Goods in the Customer / Purchaser’s possession, custody or control wherever located for which full payment has not been made; and
    2. Offset any payments owed by the Customer / Purchaser to the Company against any moneys owed by the Company to the Customer / Purchaser.
  6. The Customer / Purchaser must not withhold payment of any invoice by reasons of set off, counter claim or otherwise.
  7. Time of payment is of the essence of the Contract.

 

Ownership and Risk

  1. 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.
  2. All risk in the Goods shall pass to the Customer / Purchaser from the first occurrence of:
    1. The passing of title in the Goods to the Customer / Purchaser
    2. The physical delivery of the Goods to the Customer / Purchaser
    3. 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
    4. 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
    5. If the Goods are stored by the Company in excess of 14 days on behalf of the Customer / Purchaser.
  3. 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

  1. 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.
  2. 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 Company is not required to provide a credit, refund or replacement if the Customer/Purchaser changes their mind. 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 of Goods.
  3. 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.
  4. In relation to Company manufactured Goods, the standard warranty period is 6 months from the dispatch date of the Goods. At its sole discretion, the Company may do any one or more of the following:
    1. repair / replace the goods or supply an equivalent.
    2. pay the cost of repairing / replacing the Goods or purchase an equivalent.
  5. 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:
    1. undertake the services again;
    2. pay the cost of having the services undertaken again
  6. Warranty Exclusions (as far as allowed under current laws) include:
    1. Normal wear and tear;
    2. Accident, abuse, criminal or fraudulent act, neglect by a person other than a Company representative;
    3. Improper Installation, Commissioning and Maintenance;
    4. Unauthorised (by Company) servicing and/or repairs;
    5. Costs to remove, transport to and from Company and re-installation and commissioning;
    6. Damage/loss during transit;
    7. Any defect not properly notified to the Company and within the Warranty period;
    8. Any defect where the Customer / Purchaser knew of the defect but yet continued to use the Goods.
    9. A Force Majeure Event.
  7. 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 the difference.
  8. The Company is not liable for any loss of profit, economic loss, penalties or any form of consequential damages whatsoever.

 

Delivery Dates

  1. 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.
  2. 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.
  3. 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 and Duties

  1. 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.

 

Subcontracting

  1. 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.

 

Intellectual Property

  1. The Customer / Purchaser does not gain any rights or license to the Company’s Intellectual or other Property other than the right to install, use or resell the Goods.
  2. 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 only.

 

Cancellation

  1. 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
  2. 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 contract price.

 

Limitation of Liability

The Company, to the extent allow under current legislation and law, is:

  1. 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:
    1. This contract;
    2. The Goods;
    3. Any misrepresentation by the Company, its directors, officers, employees, agents and/or subcontractors; or
    4. Any statement by a 3rd party accepted in good faith by the Company and repeated by it, in connection with the Goods; and
  2. 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.

 

Governing Law

  1. 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 courts.

 

Entire Agreement

  1. 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.

 

Privacy

  1. 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

 

[1]Amendments 

  1. 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.

 

Doc 00.591.578 Rev03