All contracts made between the Petromech Pty Ltd (Company) and the Customer are subject to the following terms and conditions except for any term or condition contained in any quotation, estimate, order or contract issued by the Company or otherwise accepted in writing by a legal representative of the Company.
1. The Customer warrants that all information provided in this application is true and correct and that the signatory is duly authorized to sign the Application on behalf of the Customer and acknowledges that the Company will reply upon and be induced to grant credit and/or deal with the Customer on the basis of the information.
2. The Customer warrants that it is able to pay its debts as and when they fall due.
3. The terms of payment will be stated in a specific letter of approval that will be signed by a legal representative of the Company. The Customer agrees to pay interest on all monies outstanding after the expiration of any overdue invoice. The rate of interest charged will be one per cent per annum greater than the authorized Bankcard Interest Rate of ANZ Banking Corporation or other Bank nominated by the Company from time to time. Anyway, not lower than one per cent per annum greater than the average banking market interest rate for credit on Card Credit Facilities.
4. In any legal proceedings a Certificate signed by the Company or by its authorized officer or solicitors shall be conclusive evidence of the amount owing by the Customer under this Credit Account at the date of such Certificate.
5. Every quotation for the price of goods and services by the Company is subject to withdrawal at any time before acceptance by the Company and no order is to be deemed to have been accepted by the Company until forma acceptance is posted or delivered. All prices quoted for Parts, Machines and Services are current at the date of the quotation but are subject to change without notice and prices in effect at date of delivery will be invoiced. The Company will nevertheless endeavour to supply in accordance with prices and conditions of the quotation.
6. If by reason of any cause whatsoever beyond the control of the Company, the Company is unable or prevented from providing service or deliver at the time stipulated, the Company shall be entitled to determine the contract and the Customer shall not in consequence have any claims for damages but without prejudice to the rights of payments made or expenses incurred by the Company in connection with the contract.
7. Except as provided in Clause 6 hereof, after an order has been accepted by the Company such order shall not be subject to cancellation without written consent of both parties. Situations of Force Majeure will of course be dealt with case by case.
8. The liability of the Company for damages arising out of this Contract shall subject to other limitations herein contained) be limited to the costs of rectification on any workmanship or replacement of any defective part and the Company accepts no other responsibility or liability whatsoever including liability for negligence or any liability for consequential loss however arising. All conditions and warranties contained in or implied by any statute or rule of law are hereby expressly excluded and negated provided that nothing in this Contract shall exclude, restrict or modify any condition, warranty or liability which may at the time be implied in the Contract where to do so is illegal or would render any provision of the Contract void.
9. In cases where the Company accepts responsibility for delivery by rail, ship, aircraft or other vehicle, the Customer will be responsible for immediate examination of goods after arrival at destination and, in the event of any goods arriving in a damaged condition, must report the matter in writing to the Company. No claims for goods damaged in transit will be entertained unless made within three 3) days after arrival at destination. Unless expressly agreed, the responsibility of the Company ceases on goods, depending on the delivery terms, being picked up or delivered to transportation company or depot.
10. All machinery supplied by the Company is warranted for 360 days from date of invoice or dispatch whatever comes first. This warranty is limited to the replacement Ex-Works Company warehouse of such parts as shall have been returned to the Company, all charges prepaid, and which upon inspection appear to the Company to have been defective in material and/or workmanship. No warranty is made or authorized to be made other than that herein set forth and no warranty is given by the Company in respect of plant and materials not of its manufacture, or to trade accessories, such being subject to the warranty of their respective makers. In case of spare parts, this Clause 10 is valid and applicable only for a period of 90 days from date of invoice or dispatch whatever comes first.
11. Should work of any kind be carried out by the Company on the Customer’s or any other premises the Company shall not be liable for any loss or damage occasioned to the Customer or any contractor or any of their employees or agents arising from any cause connected in any way with such work.
12. The Company shall be entitled to charge reasonable storage charges if delivery of plan, machines, parts or other property is not taken within two (2) days after notice is given by the Company that the work has been completed and/or the goods are ready.
13. The Company shall not be responsible for any damage of any kind whatsoever to plant, machines, part or other property whilst the same is in the possession of or under the control of the Company.
14. The Company shall not be responsible for securely placing on transport any property owned by the Customer.
15. The Company, its servants and agents are hereby authorized to use, operate and drive the plant, machines or other property for the purpose of testing and/or inspection and for the provision of services. The Customer warrants that it has full right and title in any assets provided to the Company for the provision of services and grants to the Company a lien over the assets as security for payment for such services.
16. The Customer will pay to the Company the costs and expenses incurred by it or its solicitors, legal advisers, mercantile agents and other parties acting on the Company’s behalf in respect of anything instituted or being considered against the Customer whether for debt, possession of any products or otherwise.
17. Ownership of the goods hereby sold shall not pass to the Customer until all monies owing to the Company and in respect of all other goods supplied by the Company to the Customer and all debts owing by the Customer to the Company have been paid in full. The Customer agrees that goods will be dealt with at all times on a “first in first out” basis and acknowledges that a certificate signed by an officer of the Company identifying goods as unpaid for shall be conclusive evidence that the goods have not been paid for and of the Company’s title thereto. No parts shall be fitted or used until fully paid for.
18. Until monies due for all goods supplied are paid for in full, the Customer will act in a fiduciary capacity to the Company. The Customer shall, unless the Company otherwise agrees in writing, store the goods undercover, in a dry and safe place and in a way that they are clearly identified as property of the Company. 19. Risk in any goods hereby sold shall pass to the Customer upon delivery notwithstanding the ownership may not have passed.
20. The Customer agrees that the Company may give to and seek from any credit providers that may be named in a credit report issued by a credit agency information about the Customer’s credit arrangements. The Customer understands that the information can include any information about the Customer’s credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act. The Customer understands the information may be used for the following purposes: * To assess an application by the Customer for credit. * To notify other credit providers of a default by the Customer. * To exchange information with other credit providers as to the status of the credit agreement where the Customer is in default with other credit providers. * To assess the credit worthiness of the Customer.
21. The Customer shall pay all government duties, imposts, goods and service tax and other indirect taxes in respect of the goods sold or services provided. GST means GST within the meaning of the “A New System (Goods and Services Tax) Act 1999 as amended from time to time. Unless specifically stated otherwise, all amounts expressed or described are GST exclusive. If any GST is payable by the Company in respect of the supply of goods or the provision of services to the Customer then the amount expressed or described herein (Original Amount) is to be increased so that the Company receives an amount (Increased Amount) which, after subtracting the GST liability of the Company on that Increased Amount, results in the Company retaining the Original Amount after payment of that GST liability. The Company will do all things reasonably available to it (including issuing tax invoices) to assist the Customer to claim input credit (if any) in respect of the supply of goods and services
Parts Return Policy
1. All normally stocked parts returned for credit up to seven (7) days from invoice will be subject to 5% handling fee. Parts returned within eight (8) and twenty eight (28) days of invoice will be subject to a 10% handling and stocking fee. Parts returned after twenty eight (28) days from invoice will not be accepted for credit.
2. NON stocked parts specifically ordered to meet customer requirements will not be accepted for credit.
3. Parts must be undamaged and returned in original and packaging must also be intact.
4. Parts must not have been fitted or otherwise used.
5. All batteries, ball bearings, cups, cones, seals, seal kits, gaskets, gasket kits, oils and fluids in containers, hoses and items specifically made or cut to specifications are strictly NON RETURNABLE.
6. It is mandatory that a copy of the original invoice accompany the goods.
7. Freight costs involved with credit returns are the Customer’s responsibility.
8. It is also the Customer responsibility to arrange insurance cover for goods in transit during return transportation. By signing and accepting this Conditions and the Credit Application Form, the Customer’s Director or Directors are giving a personal guarantee that the liabilities arising from any transaction between Petromech Pty Ltd and the Customer will be met.
The Director Petromech Pty Ltd
21 Star Crescent
Ph: 03 9702 4769
ABN: 23 319 133 669