Terms and Conditions of Trading


A         Payment is due:

i)                     GENERAL REPAIRS/SERVICING

Upon completion of work or 7 days from date of Invoice if otherwise agreed.

ii)                     MAINTENANCE CONTRACT

Upon completion of each monthly service or as negotiated at signing of contract.

B                     B         Should there be any default in the above payment terms, all monies owing by the Client to The FIRM shall become

immediately due and payable.

C         The FIRM reserves the right to charge interest at 20% p.a. on default of agreed payment terms, such interest to be calculated on all monies    and costs due or overdue up to the date of payment.

D         All expenses, costs, late fees or disbursements incurred in recovering any outstanding monies including debt collection fees and solicitors costs will be paid by the Client.

E          The FIRM reserves the right to withhold the supply of goods and services at any time without notice to the Client.

F          The Client shall take delivery of goods at Client’s nominated delivery address and risk in respect of the goods shall pass on such delivery.  To the extent the The FIRM accepts responsibility for damage to goods in transit, such responsibility shall end upon delivery into the Client’s store or to his authorised agent.

G         Notwithstanding paragraph (G) – above, until payment is made in full to The FIRM:

(i)                   Property in the goods remains with The FIRM and Client agrees to hold the goods as bailer for The FIRM and to indemnify absolutely against loss of or damage to the goods however Caused.

(ii)                 The FIRM may at any time terminate any contract relating to the goods and the bailment without Notice to the Client and may there upon take possession of the goods or may assume the Client’s interests and right under any contract in relation to the goods with a third party.

(iii)                The Client authorises The FIRM by its servants or agents to enter any premises owned, leased or otherwise occupied by the Client in order to recover goods and indemnifies The FIRM against the use of reasonable force to obtain such possession.

(iv)                If the goods are sold by the Client, the Client acknowledges that such sale is by the client as bailer for and on behalf of The FIRM and agrees to hold the proceeds of sale in trust for The FIRM until payment is made in full to The FIRM for the goods, separate records to be maintained in respect to that account which may be inspected on demand by The FIRM.

(v)                 The FIRM shall be entitled to maintain a claim against the proceeds of sale of any other Goods into which the Goods have been manufactured.  The FIRM shall be entitled to appropriate the proceeds of such sale to such Goods and orders as The FIRM thinks fit, notwithstanding any purported appropriation by the Client to the contrary.

H         If the client is a Trustee, the Directors warrant that they have the authority and power to enter into this agreement and personally guarantee the performance of all of the trusts obligations under this agreement.

I           Prices and other charges and discounts offered are subject to alteration without notice, should an order be received by The FIRM requesting supply on non-current pricing terms.  The FIRM has the right to amend the prices, charges and discounts to reflect prevailing pricing terms, import duties and exchange rates.

J          Any dispute or action in relations these Terms and Conditions of Trading shall be subject to the absolute jurisdiction of the laws of the State of New South Wales.

K         The FIRM will accept claims for Faulty Workmanship in relation to Service and Repairs provided that

(i)                   the claim is made within 30 days after the Client has taken delivery of the goods.

(ii)                 The defect has arisen solely from faulty workmanship.

(iii)                The defective goods are promptly returned to The FIRM at the Clients cost.

(iv)                The FIRM’s liability in respect of a claim for defective goods or pursuant to any statutory remedy available to the Client shall be limited to

(i)                   the replacement or Repair of the goods, or

(ii)                 the payment of the cost of replacing the goods or supplying equivalent goods or repairing the goods.

The FIRM shall have complete discretion in determining which of the above alternative shall apply.

L       Except as herein provided  all express and implied warranties, guarantees and conditions under statute or general laws as to merchantability, description, quality, suitability or fitness for purpose or as to the design thereof are hereby expressly excluded and The FIRM shall not be liable for any consequential loss or damage of any kind arising out of the supply, assembly, manufacture, design or use of the goods arising out of The FIRM’s negligence or in any way whatsoever.

M      The FIRM shall not be liable in any way and shall accept no claim for Goods or Parts covered by a Manufacture’s Warranty or the late delivery of any goods, or failure to supply any goods ordered by the Client where such failure is caused by factors beyond the reasonable control of The FIRM.                                                                1st July 2000


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Unit 7/56 Buffalo Road Gladesville NSW 2111
PO Box 490 Gladesville NSW 1675
Phone: (02) 9879 5622 Fax: (02) 98795633