1. Contract Terms

Unless other terms and conditions are expressly accepted by South West Hydraulic and Pneumatic Services, division of Questden pty ltd (hereinafter called “the company”) by means of a written amendment to these terms and conditions signed by a director of the company, or the company, or the company secretary, and referring specifically to the terms or conditions to be amended, the contract for sale and purchase of the goods to which the contract relates shall be on the terms and conditions set out below (hereinafter together called “the contract terms”) which shall exclude and supersede all prior discussions, representations and arrangements, and any other oral or written terms and conditions whether or not the same are endorsed upon, delivered with or referred to in any purchase order or other document delivered by the purchaser to the company. Subject to condition 2 (C) the contract terms shall be deemed to include all statutory rights conferred on the purchaser. In these terms and conditions, the headings are for convenience only and do not affect their interpretation.

2. Warranty

1. The company will so far as it reasonably can transfer or make over to the purchaser the benefit of any guarantee or warranty which may have been given by the manufacturer of any goods the subject of this contract which are not made by the company.
2. In addition, the company gives in relation to the goods the warranty or guarantee (hereinafter called “warranty”) attached hereto.
3. The warranty is offered in addition to all statutory rights conferred on the purchaser, but it is a term of the contract that to the full extent permitted by law the liability of the company for any breach of a condition or warranty implied by law is limited solely to one or more of the following. But as determined only by the company namely replacement or repair of the goods, supply of equivalent goods, or the payment of the cost of replacing, repairing the goods or supplying equivalent goods.
4. Save as aforesaid the company will in no circumstances be responsible for the loss or damage of any kind whatsoever caused directly or indirectly by any in accuracy or material omission from the specification or information provided by the purchaser, the design, manufacture or installation by others of any associated equipment or any defect in material or workmanship, or any defect in the goods and services supplied or by any negligence of the company or of any servant or agent of the company and all warranties and conditions other than those implied by law are hereby expressly excluded.
5. The purchaser undertakes that he/she will not at any time for the use against the company seek to rely on any term condition warranty or representation other than the contract terms.
6. No person acting without the express written authority of a director of the company or the company secretary is authorised or permitted to give or make on behalf of the company any undertaking assertion, statement, or admission in respect of the goods or their supply at variance of the contract terms.
7. The company does not make any promise other than that contained in the warranty that any parts or repair facilities in respect of the goods will be available, or available at any time or at any specified location.
8. It is the customer’s responsibility/ cost for freight of goods in the event of a warranty claim for repair or new items wherever the location or circumstance and the company will take no responsibility in the costs of such freight what ever the outcome determined in respect to the warranty claim, not for any lost or stolen goods, or loss in production or income of any description whilst the claim is being assessed. The companies conclusions on warranty claims is at its own discretion but in good faith will remain open minded in such decisions.
9. In respect to workshop repairs a warranty period of three (3) months exists for those goods repaired against an official purchase order effective from the date of delivery of said goods. A work job number should be quoted along with an invoice or delivery docket specifically relating to said goods to assist in the processing of a claim. Once again the decision on warranty remains at the discretion of the company taking into consideration all relevant factors affecting the claim. (i.e. misuse of equipment, contamination of hydraulic/ pneumatic system.
10. Non-warranty items are so deemed by the company where all recommended repair work has not been carried out or old parts re-used at the customers request. Where rectification work has been carried out in part example cylinder seals are replaced but rod that is scored is not- no warranty applies to the repair. Once again it is the discretion of the company as to what constitutes a repair worthy of our terms and conditions of warranty.

3. Cancellation of Order

If the purchaser cancels or purports to cancel an order or any part thereof or fails to take delivery of any goods, then the purchaser shall be liable (without prejudice to any other rights of the company) to indemnify the company against any loss, damage or claim resulting from such purported cancellation or failure to take delivery, including the cost of any re-stocking fee, the cost of any material plant or tools used or intended to be used for the said order, the cost of labour and other overheads associated to such a cancellation.

4. Price Basis

Unless otherwise stated in writing – all prices quoted on any document or correspondence issued by the company do not include goods and services tax, which if payable, will be to the purchasers account and any reference to price in these terms and conditions shall be construed accordingly. Furthermore, it is the responsibility of the purchaser to supply an official order complete with goods and services tax instructions as set by government legislation in such situations and the company will accept no responsibility for these payments if this criteria is not met. All prices charged shall be those ruling at the date of dispatch of the goods.

All prices quoted are based upon costs of all kinds in relation to the goods ruling at the date of the quotation and is subject to fair adjustment by the company to take into account any alteration in any such costs prior to delivery of the goods or (in the case of delivery based on instalments) prior to the final delivery. Generally our written quotes would attract a validity of one (1) month.

5. Delivery

The company will endeavour to deliver the goods within the time agreed (if any), but it shall not be liable for any loss or damage of any kind whatsoever caused directly or indirectly by any delay in the delivery of the goods. if it is in the companies opinion that delivery of goods is rendered impracticable the company shall be at liberty to terminate the contract by sending by ordinary post, or facsimile to the purchaser a notice in writing to that effect.

6. Freight/ Packing/ Shortages

Unless otherwise agreed in writing the cost of carriage from the premises of the company or its suppliers to the point of delivery of the purchaser and the purchaser shall bear all such costs, the costs of special packaging and the costs for any excess for special or express delivery requested by the purchaser shall be borne by the purchaser. The cost of carriage of goods supplied under all other orders shall be charged to the purchaser. the company reserves the right to make a charge for storage and administration costs incurred against goods held or work in progress items of repair held for more than three (3) months period awaiting instructions, or in the event of the purchasers company being in a stop credit mode with the company. No claim for damages or shortages will be considered unless the company and the carrier are advised in writing within seven (7) days of delivery.

7. Payment

Unless otherwise specified payment shall be made in full by the end of the month next following the month in which each invoice is sent to the purchaser. All payments are to be made on or before the due date as a precedent to future deliveries. Without prejudice to any other remedy of the company the company has the right to charge the purchaser on any overdue accounts interest at a rate of 5% per annum above the then maximum rate specified by the Reserve Bank of Australia for overdrafts on current accounts.

The company may repossess the goods if any sum due in respect to them is outstanding or if the company reasonably believes that any such sum will not be paid in full when it falls due for payment, the purchaser hereby grants the company an irrevocable licence to enter upon any premises of the purchaser for the purpose of so doing.

Contact details are;
South West Hydraulic & Pneumatic Services
12/ 38 Lancaster Street, Ingleburn NSW 2565 Australia
Ph: 02 9605 4199 — Fax: 02 9605 4261
Email: sales@southwest-hydraulics.com.au