Terms & Conditions
HORWOOD EARTHMOVING PTY LTD ACN: 127 284 986
THE TRUSTEE FOR BENARA TRUST ABN: 46 526 934 348
CONDITIONS OF SALE
Payment – Price must be paid in cleared funds on delivery unless other payment terms are specifically endorsed on the invoice or other document and signed by the supplier.
Passing of Title – The property of the Supplier in goods remains with the Supplier until a Supplier has been paid in full for the goods. The Customer is a bailee of the goods until payment is made to the full price of the goods whereupon title passes to the Customer.
The Supplier reserves the following rights in relation to the goods until all moneys owing in relation to the sale are paid by the Customer to the Supplier:
i. Legal ownership of the goods;
ii. To enter the Customer premises (or the premises of any associated Company or Agent where the goods are located or any premises possessed or controlled by the Customer) without liability for trespass or any resulting damage and retake possession of the goods; and
iii. To keep or resell any goods repossessed pursuant to Clause 3ii. Above.
Description – Any representation, promise, statement or description by the Supplier or any employee, agent, dealer or other person on behalf of the Supplier is expressly negated. The Purchaser acknowledges that he has relied solely upon his or its own inspection, skill and judgment and is not relying on any representation, promise, statement or description by the Supplier or any person on behalf of the Supplier.
Acceptance and Delivery
a. The point of delivery of goods sold is the Supplier’s premises unless otherwise specifically agreed.
b. The Customer has fourteen days from the date of delivery to make any claim that the goods are not in accordance with the Contract. If no claim is made within fourteen days from the date of delivery the goods will be deemed to comply with the Contract.
c. Unless otherwise agreed between the parties at the date of Order, goods which have not been collected by the Customer within fourteen days of Order, shall be deemed to be abandoned and may be resold by the Supplier. The Supplier may deem the Contract repudiated or affirm the Contract and substitute other goods.
Passing of Risk – The goods sold are at the Customer’s risk from the delivery at, or dispatch from, the Supplier’s premises whether or not the goods are delivered direct to the Customer or whether the goods are delivered via an Agent or Courier as the case may be.
Delay in Delivery and Force Majeure:
a. No liability is accepted for delay in delivery from any cause whatsoever.
b. The time of delivery specified is the time at which the goods will be ready for delivery at the Supplier’s premises.
a. In the case of second-hand or used goods and to the extent permitted by Law all warranties and conditions are excluded.
b. Except as provided in these conditions, all express and implied warranties, guarantees and conditions under Statute or General Law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to materials workmanship or otherwise are expressly excluded. The Supplier is not liable for physical or financial injury, loss or damage, loss of profits, loss of use of goods, loss on resale or for consequential loss or damage of any kind arising out of the supply, non-delivery, delay in delivery, defective materials or workmanship or arising out of the Supplier’s negligence or any way whatsoever.
c. The Supplier’s liability for a breach of a condition or warranty implied under any legislation is limited to:
i. Replacement of the goods or the supply of equivalent goods;
ii. The repair of the goods;
iii.The payment of the costs of replacing the goods or of acquiring equivalent goods; or
iv. Payment of the costs of having the goods repaired,
At the option of the Supplier.
Parts Returned – The Supplier will not be under any duty to accept goods returned by the Customer and will do so only on terms as agreed in writing in each individual case. The Supplier shall not, unless it is required to do so by Law, accept returns of goods other than returns and/or claims where the Supplier has wrongly supplied goods or supplied faulty goods to the Customer provided the Customer’s claim for the return of the goods is made within fourteen days of the date of supply. If the Customer claims an entitlement to return goods for credit then:
a. The goods must be returned in a clean re-saleable condition with same to be received by the Supplier within thirty days from the date of invoice. Goods being returned must be accompanied by the invoice number.
b. Unless other arrangements are made and accepted in writing by the Supplier, if the Supplier accepts the return of the goods the Customer shall be responsible for the payment of freight both to and from the Supplier together with a handling fee of fifteen percent (15%) of the purchase price.
Place of Contract
a. The Contract for the Sale of Goods is made in New South Wales;
b. The parties shall submit all disputes arising between them to the Courts of New South Wales.
Sale of Second-Hand Engine
i. In the event of the Supplier and the Customer entering into an Agreement for the Sale of a complete second-hand engine, the Supplier may at its option offer a one month trial of the engine for the Customer.
ii. In the event of the Customer not being satisfied with the engine, the Customer may within the said period of one month return the engine to the supplier.
iii. In the event of the Customer returning the engine, the Customer shall be responsible for the payment of all freight associated with the delivery and return of the engine.
iv. In the event of the engine being returned then the Supplier shall refund the Customer the purchase price provided the engine is returned in a condition similar to the condition as was originally dispatched to the Customer by the Supplier.
Special Condition of Sale
The Supplier does not guarantee or warrant that any (second-hand) ROPS, FOPS or guards are fitted in accordance with the Code of Practise for Safe Design and Operation or Machinery and the Customer accepts all liability and responsibility to fit such ROPS, FOPS and guards.