In order for us to spend our holiday peacefully in the beach or any other places, we should respect the rules and regulations of the business , every person on this earth does not like stress.  
An order placed by a buyer is deemed to be accepted by the seller on these conditions.
1. Inconsistency  
  In the event of an inconsistency between these conditions and a buyer's order then:  
  (i)  unless otherwise expressly agreed in writing by the seller these conditions shall apply;  
  (ii) Any additional terms or conditions added by the buyer outside these conditions shall not be binding on the seller.
2.  Quotations  
  (i) A quotation given by the seller does not constitute an offer and no agreement shall arise until
 the  buyer's  order is accepted by the seller in writing.
 B Prices quoted by the seller are valid for 30 days unless otherwise agreed.  
3.  Price  
     Price unless expressly stated the price of the goods and services does not include GST which in addition to the price, must be paid to the seller at the time the seller's invoice is paid.
4. Description
    Any description of the goods is given by way of identification only and the use of such description shall not make the contract a sale by description.
5.   Fitness for Purpose  
  Unless expressly agreed otherwise the buyer makes it's order in reliance upon it's own inquiries and judgment as to the fitness of the goods for any purpose and does not rely  upon any advice or representation of the seller as to whether the goods are fit for any particular purpose.
6.Terms of Payment
   Unless otherwise agreed payment of   all invoices must be made  in full prior to delivery of manufactured goods or return of repaired goods.  If goods are not paid for upon  delivery in the case of manufactured  goods or return in the case of  repaired goods, then if the goods are goods for the purposes of Part III of the Chattels Securities Act 1987:
   (i)  the buyer grants to the seller a security interest in the goods for payment of the price(or so much as remains unpaid) any interest for late payment of the price and the seller's reasonable costs of registration of the security interest;
  (ii)  the buyer and seller each consent to the seller registering a security interest on the Register of Encumbered Vehicles pursuant to the Chattel Securities Act 1987 or any other register created by any law;  
 (iii) The expiry date of the security created shall be 36 months following delivery of the goods;  
 (iv) The seller's interest in the goods shall be a legal interest;  
 (v) Clause 7.4 to 7.6 shall apply to the goods in addition to the security interest granted in clause
  7.1 And 7.2;  
  7.2 If the goods supplied to the buyer or repaired by the Seller are not goods for the purposes of the Chattel Security Act 1987 then clauses 7.4 to 7.6 shall apply.
  7.3 The goods (which includes components in the case of a repair) supplied by the seller to the buyer shall remain the sole and absolute property of the seller as legal and equitable owner, and property and   title to the goods shall not pass from the seller to the buyer, until the buyer has paid for the goods in full whether or not the goods are incorporated in or used as material for other goods.  
  7.4 Until the goods are paid for in full, the buyer shall store the goods separately  from its own goods or those of any other person in a manner which renders them clearly identifiable as the good of the seller.  
  7.5 The seller may at any time without the need to give notice to the buyer take possession of all goods (which include        components in the case of a repair) which remain the property of the seller and for that purpose, the buyer hereby irrevocably:           
  (i) authorizes the seller to enter any  premises where the seller�s goods are or may be situated and to use such reasonable force  as may be required to enter any such premises, including the breaking of locks or chains which secure the premises;  
 (ii) authorizes the seller to remove the goods from any equipment of the buyer even if this renders the buyer�s goods useless;  
 (iii) Undertakes to the seller to procure the consent of any person having any interest in the premises where the seller's goods are or may be situated to entry of those premises by the seller, and  
 (iv)   Indemnifies the seller against any cost or expense of all claims, actions or suits whatsoever arising from the entry by the seller  into or upon any premises where the seller�s goods are or maybe situated, for purposes of the seller taking possession of its goods pursuant to this clause.  
8. Warranty
   8.1 The seller warrants:  
     (i)    new equipment it has manufactured for a period of 12 months from the delivery date;(please read the manufacturing plate for servicing details)
     (ii)   Replacement parts it has manufactured for a period of 90 days from the delivery date; and  
     (iii)  Service labour for a period of 30 days from the service.  
   8.2     The seller�s warranty is limited to defects arising from design, materials and workmanship but does  not include damage attributable to fair wear and tear, freight charges, labour costs and travelling expenses incurred by the seller on warranty work.  
   8.3 The seller agrees to warrant goods supplied but not manufactured by the seller on the same terms offered by the manufacturer and will take reasonable steps to provide a copy of  those terms on request.  
   8.4     The seller's liability under this warranty shall:  
         (i)  In relation to goods supplied be limited to:  
         (ii)  the replacement of the goods or the supply of equivalent goods;  
         (iii) The repair of the goods;  
         (iv) The payment of the cost of replacing the goods or of acquiring equivalent goods;  
         (b) In relation to services be limited to:  
         (i)  the supplying of the services again; and  
         (ii) The payment of the cost of having the services supplied again.  
   8.5 The seller shall not be liable to the buyer for any economic or consequential loss, damage or other expense or loss and damage  to the buyer arising out of  or in consequence of any fault or defect in the goods, whether or not such fault or
defect was caused by the negligence of the seller.  
   8.6     All warranty claims must be made in writing and if the buyer makes a warranty claim, the goods must be returned to the seller at the buyer�s risk and at their cost.  
   8.7     This warranty may be avoided by the seller if the buyer:  
         (i)   has misused the products;  
         (ii)  Has failed to follow operating or maintenance instructions given by the seller;  
         (iii) The buyer has failed to use reasonable care.  
   8.8     Warranties expressed in or implied by any written law or which arise by common law or in equity or by trade usage are excluded to the maximum extent  permissible by those laws.  
   8.9 The seller shall be under no liability to the buyer for any   loss or damage to persons   or property or for death or   injury caused by an act or omission (including any negligent acts or omissions) of the seller, its employees or agents.  
9. Property and Risk
  9.1  The risk and loss or damage to the goods shall pass to  the buyer on:  
      (i)  the passing of property to   the buyer; or  
      (ii) The physical delivery of the   goods to a carrier; whichever event occurs   first.  
  9.2    Once the risk of loss or damage to the goods passes to the buyer the goods shall be at the buyer's risk   absolutely and the buyer shall be responsible for obtaining insurance cover against all possible risk and contingencies.  
  9.3 The buyer authorizes the seller and its employees and agents to use any property of the buyer (including a vehicle, goods, equipment or machine) delivered to the seller for any reason.  
  9.4     All property of the buyer shall be stored at the seller's premises at the risk of the buyer absolutely
  9.5     The buyer shall have no claim whatsoever against the seller. Its employees or agents in respect of any damage or loss to the buyer caused by the  seller or its employees or agents arising out of the use or storage of the property including negligence on the part of the seller, its employees or agents and theft.
10.Delivery
  10.1   The seller shall use reasonable endeavours to deliver the goods within the time specified in the order.
  10.2   In the event of a delay in delivery, the seller shall not be liable for penalties or damages to the buyer.   10.3   The seller shall be entitled  to extensions of time for delivery of the goods  should the seller   experience any delay by   reason of any matter or  circumstance beyond its control, including without   limiting the generality  thereof, industrial disputes, accidents, breakdown in  plant or machinery, Inability to obtain materials, labour, power supplies or transport, riots, fire, flood, explosion, natural disaster, and  war.  
  10.4   If in the reasonable opinion of the seller the events referred to in clause will result in the seller   being unable to deliver within a reasonable time   then the seller may terminate the contract.  
  10.5  Unless stated otherwise all delivery of goods is at the seller's premises. In the event that delivery is Expressed to be elsewhere, the goods are at the buyer's risk from the time the goods leave the seller's Premises for delivery to the buyer.  
 10.5   In the event that the buyer requests the seller provide an employee to drive, test, operate, adjust   or otherwise handle the goods or any vehicle, machinery or equipment of the buyer (whether or not incorporating the goods). The buyer shall indemnify and keep indemnified the seller from and against all
Claims and demands what so ever for loss or damage suffered by any person as a result of any act   or omission on the part of   such employee, negligent or otherwise, in handling the goods or the equipment or vehicle incorporating the goods.  
11.  Other Claims  any claims for short or wrongful  delivery of goods must be  notified to the seller within 14  days after delivery and any claim not notified within that time  (time being of the essence) shall   be deemed to have been  absolutely  waived.  
12. Waiver Failure by the seller to insist   upon strict performance of any term, warranty or condition of  
 The contract shall not be deemed a waiver thereof or of any rights the seller may have and no express waiver shall be deemed a waiver of any subsequent   breach of any term, warranty or condition.  
13. Instalments the seller may, in its absolute   discretion, elect to deliver goods by instalments and upon delivery of each instalment; the buyer shall be required to pay the proportion of the price Notified by the seller. Failure of  the seller to deliver any instalment by the due date shall  not entitle the buyer to cancel the balance of the order. If the buyer makes a default in respect of any instalment, the seller may elect to treat the default as a breach of contract relating to each other instalment.  
14. Interest on Overdue Accounts  if payments are not made within 7 days of the due date interest may be charged at the rate of 2% above the interest from time to time charged by the seller's bankers on advances on overdrawn current accounts (on amounts not exceeding $100,000) calculated from the due date of payment until payment is made in full.  
15. Notice Any notice to be given by either party may be sent by facsimile transmission, email or by prepaid mail to the party address shown on the order. A notice given by email or facsimile   transmission shall only be deemed to have been given if it is actually received.  
16. Governing Law Contracts shall be governed by and constructed in accordance with the laws of South Australian and the buyer submit to the jurisdiction of the courts.  
17. Defined Terms  Goods includes goods manufactured or imported by the seller and property of the 
Buyer left with the seller for repair, Price means the price stated in the order form.
Name:
E-mail:
Compose