TERMS & CONDITIONS OF TRADE
H.I.S. HOSE Pty Ltd
Registered Office: 28 Spencer Street, Sunshine West Vic 3020 Australia
ABN: 87 005 130 647
1. “The Company” means H.I.S. Hose Pty Ltd. “The Purchaser” means the individual, Company or Firm by whom the Company’s goods (“the goods”) are purchased.
2.1 Quotations are issued, Orders are accepted and all goods are sold solely on the basis of the Terms and Conditions herein. No variation or deletion or addition to any of the Conditions herein shall be valid unless expressly confirmed in writing by the Company.
2.2 The Company shall retain the exclusive property of all drawings, documents and information supplied or produced in connection with any Order or contract. No communication or publication of the same whether directly or indirectly to a third party is permitted unless authorised in writing by the Company.
2.3 At the time of placing an Order for goods the Purchaser is obliged to bring to the Company’s attention in writing any exceptional or unusual requirements to which the goods purchased will be subject to as well as any other risks which may stem from the use of such goods. In the absence of any matters aforesaid being brought to the Company’s attention, the Purchaser assumes responsibility that the goods stipulated by him are sufficient and suitable for his purpose irrespective of any advice which may have been given by the Company, its Servants or Agents in good faith.
2.4 Any reference in quotations and Order forms to the Company’s catalogue or publicity material shall be understood to apply to the latest issues thereof.Every effort is made to ensure that the latest specifications/designs are available and the Company reserves the right to incorporate changes in design construction, composition, materials arrangement or equipment as it shall think fit without notifying the Purchaser and to supply products which may not be in strict accordance with the agreed specification. The Company shall be entitled to modify any quotation, Invoice, price, delivery, drawing, technical information or calculation in the event of any error or omission on its part or on the part of its servant or agent.
2.5 Any quotations given by the Company do not constitute an offer. Orders placed with the Company shall not be binding on the Company unless and until accepted by it.
3.1 Prices do not include GST (Australian Government “Goods & Services Tax” – not applicable to export sales).GST will be charged at the ruling rate, unless exemption details are provided.
3.2 The price of goods quoted by the Company and its acceptance of Orders are based on costs prevailing at the time of acceptance. The goods will be Invoiced at prices ruling at the date of despatch (and in the case of scheduled deliveries at the price ruling at the date of each scheduled delivery). Any increase in the price between the date of acceptance and the date of despatch shall fairly represent the increase in cost to the Company of manufacture and distribution of the goods.
3.3 Upon establishment of a Trading Account terms of payment are strictly nett thirty (30) days from End of Month of supply. All other payment arrangements will be negotiated and confirmed in writing by the company on a case-by-case basis.
4.1 Delivery times may be subjected to delays caused by unforeseen circumstances which are beyond the Company’s control such as strikes, lock-outs, industrial disputes, delays in the receipt of essential materials. Whether or not these circumstances arise from matters within the Company’s control or with one of its suppliers or sub-contractors the Company shall in no case be liable for any delay or losses resulting directly or indirectly therefrom howsoever caused and any delay in delivery shall not be sufficient cause for cancellation by the Purchaser.
4.2 The company reserves the right to make partial deliveries.
4.3 All Orders will be supplied F.O.B. ex our works unless otherwise confirmed by the Company in writing.
5.1 Claims arising from incorrect charges or supply of goods must be made in writing within seven (7) days of receipt of goods.
5.2 Return of goods must be authorised by our office, freight pre-paid, and accompanied by documents showing original Invoice number. Goods returned must be unused and in resaleable condition. Goods received damaged or used will not be subject to credit. Goods returned when incorrectly Ordered may be subject to a restocking fee.
5.3 Goods manufactured to Order or cut/modified to customer specifications cannot be returned.
6.1 Until payment is made in full in accordance with the terms of this Contract the ownership of the goods shall remain with the Company and where payment is made by cheque it shall not be treated as a sufficient discharge until the same has been cleared.
7.1 H.I.S. Hose Pty Ltd will guarantee all products against faulty materials or manufacture outside specification for 12 months, provided that the faulty goods are returned within (30) days of the defect occurring. Should the goods be assessed by H.I.S. Hose Pty Ltd as defective, replacement of like goods will be effected at no charge. H.I.S. Hose Pty Ltd guarantee that all products will perform in service, provided that the same are fitted in accordance with the Manufacturer’s recommendations/specifications and application.
No liability is accepted by H.I.S. Hose Pty Ltd for consequential loss or damage arising from faulty goods.