The contract shall arise upon acceptance by the Buyer of this quotation and the items in this quotation together with these Terms and conditions of the contract. All other conditions, warranties, descriptions, representations, and agreements whether expressed or implied and whether arising at statement, condition or agreement not expressly confirmed by the Seller in writing and the Seller shall in no way be bound by any such unauthorised statements nor shall any such statements be or be capable of being taken to form part of a contract with the Seller collateral to this contract. Any contract arising otherwise than in response to a quotation given by the Seller shall include these terms and conditions, which shall prevail in the case of any conflict with the Buyer’s order.
Any quotation or offer made by the Seller shall expire thirty (30) days following the date it is made or at the expiry of any alternative validity period offered in the quotation, unless earlier accepted or extended and may be withdrawn either in writing orally, at any time prior to acceptance.
Information regarding specifications and other data relating to the goods sold or supplied by the Seller contained in catalogues, price lists, or similar matter or made by the Seller’s agreements or servants either orally or in writing, whilst given in good faith is to be regarded as approximate and intended only as a general guide to the Buyer. The Buyer shall be deemed to rely upon his own judgment as to the nature, quality, condition and suitability of the goods supplied.
The Seller reserves the right to vary the price quoted to take account of any increases in waged, salaries or costs of materials, or services or alterations in customs, tariff, insurance, freight or exchange rates between the date of quotation and date of delivery.
Quantities specified in the Contract will be adhered to allowing for a degree of variation of plus or minus ten per centum.
GOODS & SERVICES TAX (GST):
Goods & Services Tax will be charged in addition to the price as aforesaid on all Goods and Services supplied by the Seller.
Unless otherwise agreed in writing, payment for goods shall be made no later than Thirty (30) days from Date of Invoice.
Property in the goods shall pass from the Seller to the Buyer upon full payment of the Contract Price.
Risk of any loss, damage to or deterioration of the goods shall be borne by the Buyer from the date when the goods have been delivered or shall be deemed to have been delivered under clause 10(a) or from the date when property in the goods has passed to the Buyer whichever is the earlier.
Delivery shall be made at the place indicated in the quotation and if no place is indicated then delivery shall be made at the Seller’s premises. If the Buyer fails to or refuses to accept delivery then the goods shall be deemed to have been delivered when the Seller was willing and able to deliver them. The Seller reserves the right to deliver the goods by installments and each installment shall be deemed to be a separate transaction and to be subject to these terms and conditions. If the Seller fails to deliver one or more installments or if such delivery is defective, the Buyer shall not thereby be entitled to repudiate the whole contract. Any period or dates quoted for delivery are to be regarded as approximate only and the Seller shall not be liable for any loss, injury, damage or expenses consequent upon any delay in delivery of the goods.
The Seller shall not be liable for failure to deliver or for any delay in delivery or performance by the Seller of its obligations if such failure or delay was due to circumstances not reasonable within the control of the Seller. If for any reason the Buyer fails to accept or remit delivery of the goods at the time or times specified in the quotation the Seller may without prejudice to any other rights or remedies it may have, cartage the buyer for storage, insurance and transportation expenses.
The goods shall be deemed to have been accepted in good condition and in accordance with the terms and conditions of the contract unless the Buyer shall within Seven (7) days after delivery of the goods give written notice to the Seller of any alleged defect in or non-compliance of the goods.
LIABILITY OF THE SELLER:
The liability of the seller for any loss damage or injury arising from any defect or non-compliance of the goods supplied is limited to replacement or repair of such defective or non-complying goods or damages not exceeding the invoice value of such defective or non-complying goods at the option of the Seller The Seller shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever.
DAMAGE OR LOSS IN TRANSIT:
(a) No claim for damage in transit or shortage in delivery will be entertained in cases where the Seller has agreed to deliver the goods to the Buyer. Any such claims shall be deemed to be the responsibility of the Buyer and carrier and notwithstanding any such claims the Seller shall be entitled to full payment on due date for goods dispatched as evidenced by the Seller’s dispatch documents.
(b) Without prejudice to the Seller’s right in clause 13(a) the Seller undertakes to provide all information and assistance possible to the Buyer to assist in settlement of the Buyer’s claims, if any, on the carrier.
PATENTS AND DESIGNS:
The Seller shall not be liable in respect of any claims which may be made against the Seller for infringement of any letters, patent or registered design or copyright which may arise as a result of the Seller carrying out instructions given by the Buyer and the Buyer agrees to indemnify and keep indemnified the Seller from and against all or any such claims and against all or any such claims and against all costs, damages and expenses incurred by or recovered against the Seller in respect of any such claim.
The drawings, specifications and technical data (if any) submitted or made available to the Buyer by the Seller shall remain the property of the Seller and shall be kept confidential.
PATTERNS, DRAWINGS, TOOLINGS:
Patterns, drawings, toolings, samples or other material supplied by the Buyer to the Seller for any purpose whatsoever are held at the risk of the owner and must be incurred by the owner. While every care will be taken, the Seller will not be liable for any loss, damage or destruction of such property or any consequential indirect or special damage or loss incurred buy the owner resulting from such.
Any Contract arising out of this quotation given by the Seller shall be deemed to be made in Australia and be governed by and construed in accordance with Australian law. The Buyer hereby submits to the jurisdiction of the Australian Courts to entertain all claims and actions arising out of such contract.
In this quotation the term “the seller” refer to Fire Response Pty Ltd and the term “the Buyer” refers to the person, firm company or Corporation to whom the quotation is submitted or with whom the Seller enters into a contract.