TERMS & CONDITIONS OF SALE

General

We, Seller, and similar expressions, refer to INDUSTRIAL PUMPS AUSTRALIA ACN 685 438 653. You, Buyer and similar expressions, refer to you, our customer or proposed customer.

Any order placed by the Buyer for the goods or services and accepted by us is deemed to be an order incorporating these Terms and Conditions of Sale.

Quotations

Our quotation (Offer) is to be treated as an estimate only and subject to withdrawal, correction or alteration at any time before our acceptance of the order, and no order is to be deemed to have been accepted by us until its formal acceptance is posted or delivered.

GST

All prices and fees are shown exclusive of GST, unless stated otherwise.

Limits of Contract

Our Offer includes only such goods, services accessories, and work as are specified herein.

Drawings, etc

All descriptive and forwarding specifications, drawings, and particulars of weights and dimensions submitted with our Offer are approximate only, and the description and illustrations contained in catalogues, price lists, and other advertisement material are intended merely to present a general idea of the goods described therein, and none of these shall form part of the contract. After order is placed and accepted by us a set of certified outline drawings will be supplied free of charge if desired.

Tests

Testing (including the providing of performance guarantees, if applicable) and inspection of the goods by the Buyer or Buyer’s agent is to be at ours or our principals facilities and is to be final there. Scope of access/inspections to our facilities is to be mutually agreed upon prior to order being placed. All costs and fees incurred in connection with testing and inspection other than those specifically included in our Offer will be charged extra to Buyers account.

Performance

Any performance figures provided by the Company are based upon our principals experience and are such as we expect to obtain during test. We will, however, accept no liability if those figures are not obtained unless we specifically guarantee them subject to the recognised tolerances applicable to such figures. The Buyer assumes responsibility for the capacity and performance of the goods, and for the selected materials, being sufficient and fit for the purpose.

Company disclaims all warranties, express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose.

Warranty

We undertake that the goods manufactured by our principals shall be of first class materials and of sound workmanship and that we will make good or replace any defects or defective parts therein which, under proper use may appear within warranty period and which are proved to be solely due to the use of defective materials or bad workmanship. Provided that always such parts are promptly returned free to our works, unless otherwise arranged and any defective materials replaced to be our property. The new or repaired parts will be delivered free of charge to site.

The warranty period of 18 months from date of dispatch or 12 months from date of commissioning, whichever occurs first, shall apply. This warranty excludes fair wear and tear, or any damage caused by misuse or abuse. This warranty is void if parts other than genuine have been used or if repairs or alterations have been made without Seller written authorisation.

Any goods not of our own manufacture included in our Offer are sold under such warranty only as the makers give us and we are able without legal expense to enforce, but are not guaranteed by us in any way.

Despatch

Any times quoted for despatch are to date from receipt by us of a written order to proceed and of all necessary information and drawings to enable us to put the work in hand. All such times are to be treated as estimates only not involving any contractual obligation unless we have specifically contracted in writing to despatch within a specified time or by a specified date. Any such contractual obligation is subject to us not being delayed by instructions or lack of instructions from Buyer or by industrial dispute or by any cause whatsoever beyond our reasonable control including the rejection of important forgings, castings, pressings, plate and bar.

Delivery

Unless agreed otherwise by the Company in writing, the goods will be delivered Ex Works (EXW) (Incoterms 2010) at the Company's designated warehouse. Unless stated otherwise in our Offer standard packaging, suitable for road transport and warehouse storage for a period of up to 3 months, is included.

Storage

If forwarding instructions sufficient to enable the despatch of the goods are not received within fourteen days after notification that they are ready for despatch, Buyer shall be deemed to have taken delivery of the goods, and the terms of payment and guarantee period per clauses 13 and 8 hereof shall apply as from the expiration of the said fourteen days. As and from such date Buyer shall be liable for storage charges payable monthly on demand, storage being at Buyer risk, unless otherwise agreed in writing.

Damage in Transit

When the price quoted includes delivery charges, we will repair or replace free of charge goods damaged in transit provided the carrier and Company receive written notification of such damage within three days of delivery, but not otherwise.

Payment

Unless otherwise stated, all payments shall be Net Thirty (30) Days and in Australian dollars from the date of invoice subject to a valid 30 day credit account being in place. A pro rata payment shall become due as each shipment is made.

Retention of Title

The property and ownership in the goods shall not pass to the Buyer until payment of the full purchase price. That until property passes to the Buyer, the Buyer shall hold the goods as fiduciary bailee and agent for the Seller and the goods shall be stored separately and in a manner to enable them to be easily identified.

Price Variation

Prices are based upon the present cost of materials including bought-out goods, paint, labour, transport and statutory obligations, and if between the date of this tender and the completion of the work variations, either by rise or fall, occur in these costs, the contract price shall be amended accordingly. However, this clause will only apply if specifically included in our Offer.

Variation in Rates

This quotation is based on rates of freight, insurance, customs duties, exchange and shipping expenses ruling at the date of this Offer, and any increase or decrease in the amount actually paid by us due to variation in the rate, classification, valuation of the goods, or from any other cause shall be chargeable to the Buyer. This clause will only apply if specifically included in the Offer.

Extra Cost

In the event of the suspension of the work by the Buyer instructions or lack of instructions, quoted price shall be increased to cover any extra expense thereby incurred by the Company.

Liability

We shall not be liable to the Buyer for any direct, indirect, liquidated, incidental or consequential damages of any nature, howsoever caused, (whether based on tort or contract or otherwise) including, but not limited to, loss of profits, loss of production, loss of sales opportunities or business reputation, direct or indirect labour costs, overhead expenses, and damage to equipment or property, or any other claim whatsoever, arising either directly or indirectly out of, or in any way attributable to the sale or supply of the goods or services.

Non Cancellation

We shall not be liable to the Buyer for any direct, indirect, liquidated, incidental or consequential damages of any nature, howsoever cau

We are not obliged to accept cancellation of any order once accepted, or the return of any goods once delivered. We are not bound by any decision to accept a cancellation or return except where we have agreed to do so. Goods being returned must be returned in the same packaging and condition as when delivered.

Buyer may not cancel or terminate for convenience, or direct suspension of manufacture, except with Seller’s written consent upon terms agreed to by Seller.

sed, (whether based on tort or contract or otherwise) including, but not limited to, loss of profits, loss of production, loss of sales opportunities or business reputation, direct or indirect labour costs, overhead expenses, and damage to equipment or property, or any other claim whatsoever, arising either directly or indirectly out of, or in any way attributable to the sale or supply of the goods or services.

Delays

We shall not be liable for any failure to deliver or perform, or for delay in delivering or performing any obligations due to causes such as acts or omissions of Buyer, acts of God, fire, flood, war and civil disturbance, riot, acts of governments, terrorism, disease, currency restrictions, labour shortages or disputes, unavailability of materials, fuel, power, energy or transportation facilities, failures of suppliers or subcontractors to effect deliveries, and every other circumstance outside the reasonable control of Seller.

Buyer may not cancel or terminate for convenience, or direct suspension of manufacture, except with Seller’s written consent upon terms agreed to by Seller.

Legal Construction

The contract shall be governed and construed with reference to the law for the time being in force in the State of Queensland Australia.