TERMS AND CONDITIONS OF SALE:
1.Interpretation
1.1 IN THESE TERMS:
"COMPANY" MEANS NC & MJ BURT PTY LTD TRADING AS BRIDGE CAMPERS 4 X 4 SERVICES
"CUSTOMER" MEANS THE PURCHASER OF GOODS FROM THE COMPANY
"GOODS" MEANS ALL GOODS SOLD AND OR DELIVERED BY THE COMPANY TO THE CUSTOMER
"TERMS" MEANS THESE TERMS AND CONDITIONS OF SALE
2. APPLICATION
2.1 THESE TERMS APPLY TO ALL CONTRACTS FOR THE SALE OF GOODS BY THE COMPANY
2.2 NO AMENDMENT,ALTERATION,WAIVER OR CANCELLATION OF ANY OF THESE TERMS IS BINDING ON THE COMPANY UNLESS CONFIRMED BY THE COMPANY IN WRITING.
2.3 THE CUSTOMER ACKNOWLEDGES THAT NO EMPLOYEE OR AGENT OF THE COMPANY HAS ANY RIGHT TO MAKE ANY REPRESENTATION,WARRENTY OR PROMISE IN RELATION TO THE GOODS OR THE SALE OF THE GOODS OTHER THAN AS CONTAINED IN THESE TERMS.
3. PRICES
3.1 PRICES ARE DETERMINED AT THE TIME OF ORDER AND PRIOR TO PAYMENT OF THE GOODS, ARE SUBJECT TO CHANGE WITHOUT NOTICE.
4. PAYMENT
4.1 PAYMENTS ARE TO MADE TO THE COMPANY WITHOUT ANY DEDUCTION OR DISCOUNT OTHER THAN AS STATED IN THESE TERMS OR IN THE RELEVANT INVOICE OR STATEMENT FOR THE GOODS.
4.2 100% PAYMENT OF THE INVOICE/GOODS MUST BE PAID BEFORE ANY GOODS ARE POSTED, TRANSPORTED OR SENT TO THE CUSTOMER.
4.3 GOODS THAT ARE NOT PAYED FOR WILL BE DEEMED AS A NO SALE DUE TO NO PAYMENT RECEIVED WILL BE RETURNED TO THE STOCK WITHIN THE COMPANY.
5. DELIVERY
5.1 THE CUSTOMER MUST WITHIN 5 DAYS OF BEING NOTIFIED OF THEIR AVAILABILITY, COLLECT OR ACCEPT DELIVERY OF THE GOODS.
5.2 IF THE CUSTOMER FAILS TO COLLECT THE GOODS OR ACCEPT DELIVERY WITHIN 7 WORKING DAYS OF BEING NOTIFIED OF HTEIR AVAILABILITY, THE COMPANY MAY TERMINATE THIS CONTRACT, KEEP THE DEPOSIT AND RESELL THE GOODS.
5.3 THE COMPANY RESERVES THE RIGHT TO DELIVER THE GOODS IN WHOLE OR IN INSTALMENTS, AS WELL AS TO DELIVER PRIOR TO THE DATE FOR DELIVERY AND, IN SUCH EVENT, THE CUSTOMER MUST NOT REFUSE TO TAKE DELIVERY OF THE GOODS.
5.4 THE COMPANY RESERVES THE RIGHT TO SUPPLY GOODS SOLD TO THE CUSTOMER WITHIN SPECIFIED TIME, AT TIME OF SALE DEPENDING ON AVAILABILITY OF PRODUCT OR PRODUCTS.
5.5 PRODUCTS IN STOCK SOLD TO THE CUSTOMER WILL BE SHIPPED WITHIN 7 WORKING DAYS OR UNTILL FUNDS HAVE BEEN CLEARED.
6. TITLE
6.1 LEGAL AND BENEFICIAL OWNERSHIP OF THE GOODS WILL NOT PASS TO THE CUSTOMER UNTIL SUCH TIME AS THE GOODS HAVE BEEN PAID IN FULL IN CASH OR CLEARED FUNDS.
7. RISK AND INSURANCE
7.1 THE GOODS ARE ENTIRELY AT THE RISK OF THE CUSTOMER FROM THE MOMENT OF DELIVERY TO THE CUSTOMER'S POINT OF DELIVERY OR ON COLLECTION, EVEN THOUGH TITLE IN THE GOODS HAS NOT PASSED TO THE CUSTOMER AT THAT TIME.
7.2 THE CUSTOMER MUST, AT ITS OWN EXPENCE, AMINTAIN THE GOODS AND INSURE THEM FOR THE BENEFIT OF THE COMPANY AGAINST THEFT, BREAKDOWN,FIRE,WATER AND OTHER RISKS AS FROM THE MOMENT OF DELIVERY TO THE CUSTOMER AND UNTIL TITLE IN THE GOODS HAS PASSED TO THE CUSTOMER.
8. INSPECTION
8.1 UNLESS THE CUSTOMER HAS INSPECTED THE GOODS AND GIVEN WRITTEN NOTICE TO THE COMPANY WITHIN 2 DAYS AFTER COLLECTION OR DELIVERY THAT THE GOODS DO NOT COMPLY WITH RELEVANT SPECIFICATIONS OR DESCRIPTIONS, THE GOODS ARE DEEMED TO HAVE BEEN ACCEPTED IN GOOD ORDER AND CONDITION.
9. CANCELLATIONS
9.1 NO ORDER MAY BE CANCELLED, MODIFIED OR DEFERRED WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY (WHICH IS AT THE COMPANYS SOLE DISCRETION). IF SUCH CONSENT IS GIVEN IT IS, AT THE COMPANYS ELECTION, SUBJECT TO THE COMPANY BEING REIMBURSED ALL LOSSES, INCLUDING LOSS OF PROFITS, AND PAID A CANCELLATION FEE (BEING NOT LESS THAN 20% OF THE INVOICE PRICE OF THE GOODS)
10. LIMITED LIABILITY
10.1 THESE TERMS DO NOT EFFECT THE RIGHTS, ENTITLEMENTS AND REMEDIES CONFERRED BY THE TRADE PRACTICES ACT 1974
10.2 THE COMPANY IS NOT SUBJECT TO, AND THE CUSTOMER RELEASES THE COMPANY FROM, ANY LIABILITY(INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL LOSS OR DAMAGE) BECAUSE OF ANY DELAY IN DELIVERY OR FAULT OR DEFECT IN THE GOODS. THE CUSTOMER ACKNOWLEDGES THAT THE COMPANY IS NOT:
(A) RESPONSIBLE IF THE GOODS DO NOT COMPLY WITH ANY APPLICABLE SAFETY STANDARD OR SIMILAR REGULATION; AND
(B) LIABLE FOR ANY CLAIM, DAMAGE OR DEMAND RESULTING FROM SUCH NON-COMPLIANCE.
10.3 IF ANT STATUTORY PROVISIONS UNDER THE TRADE PRACTICES ACT 1974 OR ANY OTHER STATUE APPLY TO THE CONTRACT BETWEEN THE COMPANY AND THE CUSTOMER THEN, TO THE EXTENT TO WHICH THE COMPANY IS ENTITLED TO DO SO, THE COMPANYS LIABILITY UNDER THE STATUTORY PROVISIONS IS LIMITED, AT THE COMPANYS OPTION, TO:
(A) REPLACEMENT OR REPAIR OF THE GOODS OR THE SUPPLY OF ECQUIRING GOODS; OR
(B) PAYMENT OF THE COST OF REPLACING OR REPAIRING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; AND
IN EITHER CASE, THE COMPANY WILL NOT BE LIABILITY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE OR OTHER DIRECT OR INDIRECT LOSS OR DAMAGE
11. WARRANTY
11.1 ALL GOODS SUPPLIED ARE COVERED BY SUCH WARRANTES AS ARE SPECIFIED BY THE MANUFACTURER AND SUPPLIED SUBJECT TO THE PRODUCT STANDARDS DETAILED BY THE MANUFACTURER.
11.2 ON DISCOVERY OF ANY DEFECT IN THE GOODS, THE CUSTOMER MUST IMMEDIATELY NOTIFY THE COMPANY IN WRITING OF SUCH DEFECT. THE CUSTOMER MUST NOT CARRY OUT ANY REMEDIAL WORK TO ALLEGED DEFECTIVE GOODS WITHOUT FIRST OBTAINING THE WRITTEN CONSENT OF THE COMPANY TO DO SO.
11.3 THE PROVISIONS OF ANY ACT OR LAW (INCLUDING BUT NOT LIMITED TO THE TRADE PRACTICES ACT 1974) IMPLYING TERMS, CONDITIONS AND WARRANTIES, OR ANY OTHER TERMS,CONDITIONS AND WARRANTIES WHICH MIGHT OTHERWISE APPLY TO OR ARISE OUT OF THE CONTRACT ARE HEREBY EXPRESSLY NEGATIVED AND EXCLUDED TO THE FULL EXTENT PERMITTED BY LAW.
11.4 THE CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IT HAS NOT RELIED UPON, AND THE COMPANY IS NOT LIABLE FOR ANY ADVISE GIVEN BY THE COMPANY, ITS EMPLOYEES, AGENTS OR REPRESTATIVES IN RELATION TO SUITABILITY FOR ANY PURPOSE OF THE GOODS.
12. DISPLAY AND SAMPLES
12.1 ANY DISPLAY PRODUCT OR SAMPLE INSPECTED BY CUSTOMER IS SOLELY FOR THE CUSTOMERS CONVENIENCE AND DOES NOT CONSTITUTE A SALE BY SAMPLE.
13. CONTRACT
13.1 THE TERMS OF THE CONTRACT ARE WHOLLY CONTAINED IN THESE TERMS AND ANY OTHER WRITING SIGNED BY BOTH PARITES. THE CONTRACT IS DEEMED TO HAVE BEEN MADE AT THE COMPANYS PLACE OF BUSINESS WHERE AN ORDER WAS PLACED AND ANY CAUSE OF ACTION IS DEEMED TO HAVE ARISEN THERE.
14.LEGALLITY OF PRODUCTS FITTED TO VEHICLE
14.1 ALL OFF ROAD PRODUCTS SUPPLIED TO CUSTOMER ARE FOR THAT USE ONLY "OFF ROAD". THE COMPANY IS NOT LIABLE FOR PRODUCTS SOLD FOR OFF ROAD USE, IF THE CUSTOMER USES FOR ON ROAD VEHICLES.
15. FORCE MAJEURE.
15.1 THE COMPANY WILL NOT BE LIABLE FOR ANY BREACH OF CONTRACT DUE TO ANY MATTER OR THINK BEYOND THE COMPANYS CONTROL (INCLUDING BUT LIMITED TO TRANSPORT STOPPAGES, TRANSPORT BREAKDOWN, FIRE,FLOOD,EARTHQUAKE,ACTS OF GOD,STRIKES,LOCK-OUT,WORK STOPPAGES,WARS,RIOTS OR EVIL COMMOTION,INTERVENTION OR PUBLIC AUTHORITY,EXPLOSION OR ACCIDENT.
16. WAIVER OF BREACH.
16.1 NO FAILURE BY THE COMPANY TO INSIST ON STRICT PERFORAMANCE OF ANY OF THESE TERMS IS A WAIVER OF ANY RIGHT OR REMEDY WHICH THE COMPANY MAY HAVE, AND IS NOT A WAIVER OF ANY SUBSEQUENT BREACH OR DEFAULT BY THE CUSTOMER.
17. NO ASSIGNMENT.
17.1 NEITHER THE CONTRACT,NOR ANY RIGHTS UNDER THE CONTRACT MAY BE ASSIGNED BY THE CUSTOMER WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY, WHICH IS AT THE COMPANYS ABSOLUTE DISCRETION.
18. SEVERABILITY.
18.1 IF ANY PROVISION CONTAINED IN THESE TERMS IS HELD BY A COURT TO BE UNLAWFUL, INVALID OR UNENFORCEABLE, THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS ARE NOT AFFECTED.
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