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TERMS AND CONDITIONS

1. DEFINITION

The expression “the company”, when referred to in these Terms and Conditions, refers to RMS PARTS PTY LTD.

2. GENERAL

These Terms and Conditions of Sales apply to the sales of goods and services manufactured or supplied by the Company.

Any order received by the Company is deemed to be an order incorporating these Terms and Conditions and no variation or cancellation of any of these Terms and Conditions shall be binding on the Company unless agreed to by the Company in writing.

Each order placed by the customer shall be deemed to be a representation by it, made at the time that it is solvent & able to pay all of it’s debts as & when they fall due. Failure to pay RMS Parts in accordance with these terms shall be & be deemed to be conclusive evidence that the customer had no reasonable grounds for making the representation hereof & that the representations were unconscionable, misleading and deceptive.

3. ACCEPTANCE

Any quotation or advertised price by the Company is not to be construed as an offer or obligation to sell at such price and the Company reserves the right, at its option, to accept or reject any orders received.

4. PRICES

All prices charged/quoted shall be the Company’s prices ruling at the date of order acceptance. Verbal quotations are subject to written confirmation which will be given when requested. All goods are sold and all prices are quoted FOB ex-works the Company unless otherwise specified. The Company reserves the right at any time to make reasonable adjustments of prices in relation to fluctuations in the Company’s cost of labour, material, goods or transport and also in relation to any changes in currency exchange rates or duty which affect the Company’s costs for imported goods.

Unless expressly noted all prices charged/quoted are exclusive of GST. All government imposts of GST or any equivalent as separately itemised on the company’s invoices are to the customer’s account.

5. CANCELLATION OR VARIATION

A contract may, at the Company’s option, be terminated in the event of insolvency of the purchaser or the purchaser being placed in liquidation, whether voluntarily or otherwise.

A purchaser may only vary an order if such variation is accepted by the Company in writing and any variation or cancellation may only occur on terms which will provide for the Company to be indemnified by the purchaser against any loss or damages.

Cancellations will attract a cancellation fee and must be at least 30 days prior to the current due delivery date unless agreed to otherwise in writing. No cancellation will be accepted on indented products.

Re-schedules must be at least 45 days prior to the current due delivery date and any item may be deferred only once, up to a maximum of 90 days from the original requested date unless agreed to otherwise in writing.

6. PACKING

Unless otherwise indicated prices include standard cases or packing.

7. DELIVERY

Unless otherwise stated in writing the price quoted is ex the Company’s store where stocked. Where delivery is requested beyond this point the Company may, at its discretion, agree to act as agent for the purchaser in this matter and all costs for cartage and insurance will be for the purchaser’s account.  At its discretion, the company may choose whichever mode of transport is most appropriate for the delivery of goods.

8. TERMS OF PAYMENT

Terms are net cash thirty days from EOM for pre-approved account holders. All other sales must be pre-paid prior to dispatch or collection. The Company reserves the right to deliver and invoice any item or items comprising the whole or part of any order. Failure of the Company to deliver any part of an order shall not entitle the purchaser to repudiate the contract.

9. CLAIMS

The following conditions relating to the return of goods for credit apply to all goods returned for this purpose.

9.1 Goods returned must be accompanied by a Delivery Docket stating original invoice number, returned material authorised number, date of purchase and reason for return.

9.2 Non-standard equipment made to special order cannot be credited under any circumstances.

9.3 Inward freight packing and delivery charges are the responsibility of the purchaser.

9.4 Goods will only be accepted for credit to the extent of that wrongly or over-supplied.

9.5 All returns must be in good order and condition, unused and in original packaging.

No claims by the purchaser need be recognised unless made in writing within fourteen days after delivery of the goods to the purchaser. No claim for damage or resultant expense direct or indirect in respect of any goods shall in any case exceed the invoice price of the goods in respect of any damages or expense shall arise. All damage or expense over and above such invoice shall be the responsibility of the purchaser.

10. CONDITIONS AND WARRANTIES – LIMITATION OF LIABILITY

The only warranty supplied in respect of the products is the warranty supplied by the actual manufacturer. The actual manufacturer’s warranty is in addition to any rights available to consumers under the Trade Practices Act 1974 (Cmth) or similar State or Territory legislation (“statutory provisions”). Nothing contained herein shall be read or applied so as to purport to exclude, restrict or modify or have the effect or excluding, restricting or modifying the application of all or any of the statutory provisions which by law cannot be excluded, restricted or modified.

Except as required by the statutory provisions, all express or implied warranties and conditions are excluded to the maximum extent permitted by law. Without limiting the foregoing, RMS Parts does not warrant that the products are fit or suitable for any purpose or that the products are of merchantable quality.

Any information supplied by RMS Parts regarding Restrictions on Hazardous Substances and/or lead-free status has been supplied in good faith on the basis of information, statements, assumptions and representations made by third parties and accordingly RMS Parts does not warrant or represent that the information is accurate or complete.

Except as required by the statutory provisions, RMS Parts shall not be liable for any direct, indirect or consequential loss or damage howsoever caused (including the negligence or carelessness of RMS, it employees, servants or agents) arising from the supply of the products.

11. TITLE TO GOODS

11.1 The Company shall retain title to all goods supplied by it to the Purchaser until it has received payment in full of all sums due in connection with the supply of all Goods by the Company to the Purchaser at any time. In the case of payment by cheque, bill of exchange or note, title shall not pass to the Purchaser until the same is honoured.

11.2 In the event that any of the Goods are incorporated into or attached to, or mixed with, other goods by the Purchaser, so that they are no longer identifiable or separable, then title to the composite goods shall vest in and be retained by the Company in accordance with paragraph 11.1.

11.3 The Purchaser shall store all Goods and any composite goods owned by the Company (“Company’s Goods”) in such a way that they are clearly identifiable as the Company’s property, and shall maintain and allow the Company to inspect reorders of the Company’s Goods, identifying them as the Company’s property, and of the persons to whom it sells or otherwise supplies the Company’s Goods or any of them and of payments made by such persons for the Company’s Goods.

11.4 If payment for any Goods is overdue, the Company is entitled without prejudice to any of its other rights and remedies, to repossess the Company’s Goods and to enter into any premises upon which the Company’s Goods are stored, without notice, for this purpose.

11.5 Until such time as the Company receives payment in full for any Goods, if the Purchaser sells or receives any payment from a customer or insurer in respect of the Company’s Goods, the proceeds of any such sale or disposition any insurance proceeds (or claim thereof) shall be held by the Purchaser in trust for the Company and paid into a separate bank account which shall not be overdrawn or otherwise dealt with without the Company’s prior written consent.

11.6 Nothing in paragraphs numbered 11.1 to 11.5 inclusive shall affect the Company’s rights as an unpaid Company.

12. RISKS

Risk in the goods purchased shall, unless otherwise agreed in writing, pass to the purchaser upon delivery of the goods to the purchaser or his agent or to a carrier commissioned by the purchaser.

13. PATENTS

To the best of the Company’s knowledge goods sold to the purchaser will not infringe any patent, trade mark, registered design or copyright of any third party but the Company shall in no circumstances be liable to the purchaser in respect of any such infringement constituted by the sale or use of the goods.

14. PERFORMANCE AND REPRESENTATION

Any figures or estimates given for performance of goods are based upon the Company’s experience and are such as the Company would expect to obtain on test. But the Company will only accept liability for failure to obtain the figures or estimates given when such figures or estimates are guaranteed in writing within specified margins.

The purchaser acknowledges that neither the Company nor any person purporting to act on its behalf has made any representation or given any promise or undertaking which is not expressly set out in the contract whether as to the fitness of the goods for any particular purpose or any other matter.

15. RECOVERY OF COSTS

The customer will pay to RMS Parts any costs and expenses incurred by it or it’s solicitors, legal advisers, mercantile agents and other parties acting on RMS’s behalf in respect of anything instituted or being considered against the customer whether for debt, possession of any goods or otherwise.

16. FORCE MAJEUR

RMS Parts will not be in default or in breach of any contract with the customer by as a result of Force Majeur. Force Majeur means beyond the reasonable control of RMS Parts and includes any strike or lockout either directly or indirectly by any supplier of goods or services.

17. LEGAL CONSTRUCTION

Except as may be otherwise agreed to by the Company, the contract shall be governed by the laws of the State of Queensland.

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