CONDITIONS OF SALE
The set of Conditions of Sale below apply to all sales, confirmation of orders and quotations made by SPM Drink Systems Australia Pty Ltd (ABN 98166296073).
1.1. "GST" means Goods and Services Tax or other tax that is substituted or replaces the GST tax.
1.3. "the Customer" means the person or persons, or business entity to whom any quotation/sale is made.
1.4. "the Goods" means the products sold or services provided by the Supplier to the Customer.
(a) Unless otherwise agreed in writing the price of the goods shall be that price charged by the Supplier. In addition, any other government taxes such as GST at the time of sale.
(b) Unless otherwise agreed in writing all prices quoted do not include freight cost and GST.
Subject to the Competition and Consumer Act 2010 and without restricting the consumers right to rescind on a contract as provided in the act, orders, once placed, cannot be cancelled by the Customer without the approval of the Supplier.
(a) All goods are at the risk of the Customer from the time the goods leave the Supplier's premises unless agreed by both the Supplier and Customer.
(b) Delivery times are estimates only and the Customer shall not make any claim against the Supplier for any variation in delivery times.
5 RETURNS AND CLAIMS
(a) Claims must be made within 48 hours of delivery.
(b) No goods will be accepted for return without prior approval in writing.
(c) Goods must be returned in their original packaging and in as-new condition.
(d) The Supplier has the right to refuse returns if the goods are not faulty.
(e) The Supplier has the right to charge up to 25% restocking fee if incorrect parts were ordered by the Customer or the Customer changed their requirements.
The Customer and the Supplier agree the title of the goods will not pass to the Customer until the goods are paid for in full.
(a) Should the Customer fail to pay in full for the goods, the Supplier may take possession ofthe goods and resell them. In such a case, the Customer shall provide access to the Supplier to enter their premises in order to take possession of the goods.
(b) Any costs associated with returning the goods to the Supplier’s place of work and bring the goods to “as new” condition will be charged back to the Customer.
8 OTHER EXPENSES
The Customer agrees to pay the Supplier all legal costs and any other expenses incurred by the Supplier in collecting any moneys due from the Customer to the Supplier.
Goods are to be prepaid unless otherwise arranged.
10 GUARANTEE & WARRANTY
(a) The Supplier warrants any Equipment sold (other than second hand or used) for 12 months parts only unless otherwise agreed upon in writing. Bowls, rulon bushings, components removed for cleaning and consumables are not covered by warranty.
(b) The Supplier warrants any Part sold (other than second hand or used) for 3 months (replacement part only) unless otherwise agreed upon in writing. Bowls and consumables are not covered by warranty.
(c) Costs of removal, installation and transport are not covered by warranty.
(d) Warranty is void if the goods are not used in accordance with the Supplier’s operating procedures and directions.
(e) The Supplier shall not be liable for any indirect or consequential damage or loss, including loss of production sustained by the Customer, or any other person in respect of or arising out of any defect or malfunction in the goods supplied, whether or not such defect or malfunction is attributable to the negligence of the Supplier and whether or not such indirect or consequential loss was or ought to have been foreseeable by the Supplier.
(f) The Supplier gives no warranty and is subject to no liability of any kind in respect of any item it does not manufacture except to the extent required by law. However, in any case where the Supplier is able to make a successful claim under a warranty given by the manufacturer, it will so far as possible pass the benefit of that claim on to the Customer (but so that nothing equires the Supplier to commence any proceedings against the manufacturer or incur any expense in connection with any claim by the Customer).
Failure by the Supplier to insist upon strict performance of any term or condition hereof shall not be deemed a waiver thereof or of any rights which the Supplier may have and shall not, and nor shall any express waiver, be deemed to be a waiver of any subsequent breach of any term or condition.
17 FORCE MAJEURE
The Supplier shall not be liable to the Customer for any loss by the Customer caused by the Supplier's failure to observe these conditions or of any delay or failure to perform its obligations, if such failure or delay is occasioned by any cause beyond the Supplier's reasonable control and, without limiting the generality of the foregoing, such causes include war, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, restrictions or prohibitions by any government or semi-government authorities or embargos.
If any provision of these Conditions of Sale is held invalid, unenforceable or illegal for any reason, but is capable of being read down, it shall be read down to the extent necessary to render it binding and enforceable. If it is not capable of being so read down, then such word or words or, if required, the whole provision shall thereupon be severed and the remainder of these conditions shall otherwise remain in full force and effect.
19 GOVERNING LAWS
This Agreement is to be governed by, and construed in accordance with, the laws of the State of New South Wales.