Terms and Conditions
The terms and conditions set out hereunder shall apply to all tenders, quotations and sales made by this company and all orders accepted by this company unless expressly negated or varied by the company in writing.
(A) Acceptance of a quotation by a customer must be made within thirty (30) days, failing which the quotation shall be deemed to be withdrawn.
(B) Quotations are made subject to materials being available upon receipt of the customer’s order.
(C) The company shall be entitled to correct any errors and omissions in and from its quotations without liability.
2. ORDER CONFIRMATION AND CANCELLATION
(A) Tankworks Australia P/L will confirm all orders received in writing as to description, quantity and price. Such order confirmations will be binding upon the customer unless a written objection is received with seven (7) days of its preparation.
(B) Cancellation of orders by the customer will only be effective if accepted in writing by the company and adequate compensation arranged for all work done and materials used by the company in the execution of the work up to the date of cancellation.
(C) Any verbal negotiations or arrangements as to price, delivery or other matters pertaining, i.e. sales, quotations or orders shall not be binding upon the company unless the same are produced in writing and signed by the parties or their authorised servants or agents.
3. TERMS OF PAYMENT
(A) Unless otherwise agreed in writing, accounts are due and payable in full within fourteen (14) days of the end of the month of invoice (due date). Failure to pay by the due date may result in a suspension of credit and/or agreed discount terms.
(B) The customer must pay Tankworks Australia P/L any commission, legal costs or expenses incurred by Tankworks Australia P/L in relation to collecting unpaid monies owed to it by the applicant on the due date.
(C) Tankworks Australia P/L may amend these credit terms with immediate effect at any time by notifying the customer in writing.
(D) Progress payments may be requested and if requested shall be paid within seven (7) days.
(E) C.O.D. payment for non-account customers must be made prior to or on receipt of goods. Additional reasonable delivery charges will be levied where Tankworks Australia P/L is required to re-perform a product delivery due the applicant’s breach of this condition.
(F) Should any Goods and Services Tax as levied, or any other tax, fee, levy or duty imposed by any competent authority be payable on any of the goods supplied by the company, such tax, fee, levy or duty will be to the purchaser’s account.
4. FLUCTUATIONS IN COST
All prices quoted are based on current prices of materials, labour rates and quantities requested as of the date of quotation / order confirmation. If any variation in any of these factors, up or down, shall take place before acceptance of the quotation or after such acceptance but before the contract is completed, the company shall be entitled to make a pro-rata adjustment of the prices quoted or agreed upon and the price as so adjusted shall be payable by the customer in lieu of the price quoted or agreed upon.
(A) Customers shall inspect goods immediately upon arrival. Notice that goods are not in accordance with the contract shall be given to the company in writing within thirty (30) days.
(B) No claim shall be considered by the company for faulty goods supplied after a period of thirty (30) days from the receipt of the goods by the customer.
Date of delivery is quoted in good faith and in the light of conditions and circumstances prevailing at the time, but no responsibility is accepted by the company for delay due to strikes, lockouts, machinery breakdowns, shortage or unavailability of materials, delays in transport or any other cause beyond the company’s control.
7. TITLE TO GOODS
(A) Until the customer has paid all monies due to the company for the supply of goods, the ownership of all goods supplied shall remain with the company and:-
(i) The customer shall hold such goods in its possession as bailee of the company;
(ii) Upon default in payment by the customer of any amount due to the company, the customer irrevocably authorises the company, its servants or agents to enter upon the premises where the goods are stored for the purpose of taking possession of the goods and also to use all reasonable force to obtain such possession.
(B) Notwithstanding anything in this clause, risk in the goods passes to the customer on delivery.
8. EXCLUSIONS OF WARRANTIES AND LIABILITY
(A) All conditions and warranties on the part of the company implied by law in relation to any goods or services supplied are excluded to the maximum extent permitted by law and those conditions of sale shall constitute the whole of the rights and obligations of the parties. To the extent that the company may be liable for a breach of conditions or warranties under Division 2 of part 5 of the Trades and Practices Act 1974 (other than a condition or warranty implied by section 69 of that Act) the liability of the company shall be limited to the replacement of the goods or services concerned, the supply of equivalent goods or the repair of the goods (the same to be determined by the company).
(B) Any goods purchased by the company and resupplied to the customer are covered by such warranty as is specified by the manufacturer.
(C) Warranty on products may be established by negotiation prior to acceptance of the order in writing.
(D) The company is not liable for loss or damages incurred by goods or materials supplied by the customer.
(E) All liability of the company for damages, consequential or otherwise, is excluded to the full extent permitted by law.
9. CATALOGUES AND DRAWINGS
(A) Any illustrations, drawings, and descriptive matter, including advertisements accompanying a quotation or included in the company’s current catalogues, must be regarded as an approximate representation only and are not binding in detail unless stated to be so in the company’s quotation.
(B) Customers should satisfy themselves as to the suitability of any product before order.
Whilst every care has been taken in preparing this publication, Tankworks Australia P/L shall not be liable to any customer relying on any fact, matter or representation.