Terms & Conditions

1. PRICES
The prices stipulated by the Company shall be increased or decreased by the amount of any increase or decrease in the cost of materials, transport, labour, customs and other duties, insurance and other factors affecting the cost of production and/or delivery due to circumstances beyond the control of the Company between the date of quotation and the date of delivery. All prices will be exclusive of GST or any similar tax which will be for the Purchaser’s account.

2. TERMS
The terms of payment are nett cash on the 20th day of the month next following that in which the goods are dispatched by the Company to the buyer. Interest may be charged from that date at such rate as may be set from time to time by the Company. In the event of non-payment within the stated terms of trade all costs incurred by the Supplier in instructing a solicitor or debt collection agency shall be recoverable.

3. DELIVERY
Delivery shall be deemed complete when the Company gives possession of the goods to a carrier for delivery to the place indicated overleaf, or for delivery to a main airport, port or railway station if the goods are to be delivered by air, sea or rail. If the buyer fails to accept the goods by the delivery date specified or such later date as the Company is able to make delivery, the buyer shall pay reasonable storage costs until the buyer accepts the goods. The Company is not liable for any damage or loss of the goods, caused by any event beyond the Company’s control. The Company reserves the right to deliver the goods by instalments and each instalment shall be deemed to be a separate contract subject to the same conditions as the main contract. Should the Company make defective delivery of or fail to deliver one or more installments this shall not entitle the buyer to repudiate the main contract.

4.  RETURNS
Goods will only be accepted for return after discussion with and agreement by the Management of the Company. Requests to return goods must be made within ten (10) working days from the date of invoice. Non-standard products (i.e.  products manufactured or procured on customers behalf) will not be accepted for return. Freight for such returns will be at the Buyer’s expense.

5.  TITLE TO GOODS AND RISK
(a) The goods shall remain the property of the Company and title shall remain with the Company and shall not pass to the Purchaser until the Company receives payment in full of the total price, together with any monies whatsoever due to the Company by the Purchaser.

(b) The reservation of title and ownership is effective whether or not the goods have been altered from their supplied form, or mixed with other goods. Where such goods are mixed with other goods and severable but not identifiable, or incorporated with other goods into another product so that they are not severable (whether such mixture or incorporation or loss of identity is as a result of the Purchaser’s defaults or otherwise), or in any situation where a similar dealing with the goods has resulted in their removal being impossible or impracticable, the Company is a co-owner of the mixed goods or products in proportion to the contribution made by the goods to such mixed goods or products.

(c)  The risk in the goods shall pass to the Purchaser on delivery to the Carrier and the Purchaser will be fully responsible for any loss or damage to the goods whatsoever and howsoever caused following delivery even though title to the goods may not have passed to the Purchaser.

(d) The Purchaser shall at the Purchaser’s cost store the goods in such a way as clearly records that the goods remain the property of the Company.

(e)  The Purchaser shall be at liberty to on-sell the goods in the ordinary course of the Purchaser’s business upon the basis that the proceeds of the sale at all times be the property of the Company, and for this purpose, if required by the Company the Purchaser shall lodge the proceeds of sale to a special account to be maintained by the Purchaser for the purpose and shall pay directly to the Company from such account such monies as the Company shall from time to time require.

(f) The Purchaser’s power of sale shall automatically cease if a receiver is appointed over any of the undertakings of the Purchaser or if a winding order is made against the Purchaser or if the Purchaser goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or calls a meeting of or makes any arrangement or composition with creditors or commits any act of bankruptcy.

(g) The Purchaser hereby irrevocably gives the Company, its agents and servants, leave and licence without the necessity of giving any notice to enter on and into any premises occupied by the Purchaser to search for and remove any of the goods supplied to or in which the Company has ownership as aforesaid without in any way being liable to the Purchaser or any person or company claiming through the Purchaser.

6.  NON-WAIVER
Failure by the Company to insist upon strict performance of any terms and conditions herein or to exercise in whole or part any right the Company may have whether in general law or hereunder shall be deemed to be a waiver thereof of any rights the Company may have, and shall not be or be deemed to be a waiver or any subsequent breach of any term or condition or right.

7.  NOT A SALE BY DESCRIPTION
Any Description of goods contained in a contract is given by way of identification only and use of such description shall not constitute any contract a sale by description.

8.  WARRANTY
All Fluidforce products are warranted to be free from defects in materials or workmanship for a period of three (3) months from the date of shipment. During this period the Company will at its option repair or replace without charge any products or part thereof found to be defective in material or workmanship. This warranty does not extend to any product which has been subject to misuse, abuse, negligence, accident, alteration or unauthorised repair. Defective products must be returned to the Company within the above period, transportation prepaid. The Company will bear the cost of return transportation.

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF VEHICLE, CARGO OR PROFITS.

9.  DEFAULT IN PAYMENT
If the buyer defaults in the due payment of the invoiced price the Company may terminate the contract and in this event the Company shall enter upon the premises and take possession of the goods and the Company may resell such goods and apply the proceeds in abatement of the invoiced price.

10.  CONTRACT
(a) All the rights, powers, exemptions and remedies of the Company shall remain in force notwithstanding any neglect, forbearance or delay in the enforcement.

(b) Any exercise of a right, power, exemption and remedy of the Company shall be without prejudice to any other right, power, exemption and remedy the Company may have.

(c) If any provision is invalid or unenforceable the remaining provisions will continue in full force and effect.

(d) The terms and conditions contained herein constitute the entire agreement between the Company and the Customer and no earlier representation, warranty or agreement shall have any force or effect from the date of execution of these conditions by the Customer.

(e) The Company in its own discretion and in writing may vary the terms and conditions of supply.

11.  AUTHORITY
Under the terms of the Privacy Act 1993, the Customer authorises any person or company to provide the Company with such information as the Company may require in response to credit enquiries. The Customer authorises the Company to furnish any third party, details of this application and any subsequent dealings that the Company may have with the Customer as a result of this application being actioned by the Company.

 

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