Conditions of Sale

1. Definitions
	1.1.	“Customer” means the Applicants (jointly and severally) in the Credit Application and includes the Applicants’ servants, agents, heirs, successors, assigns and any related company.
	1.2.	“Delivery Date” means the date the Customer requests the Goods be available for delivery or collection.
	1.3.	"Goods" means all goods and chattels and all charges for work and labour done, hire charges, fees, service charges, repairs, materials, insurance charges of whatever nature associated with the manufacture, supply, construction or repair of the Goods supplied to the Customer.
	1.4.	“Supplier” means Queensland Manufacturing Industries Pty Ltd or any related Company.

2. Orders
	2.1.	All orders are to be in writing, in a form approved by the Supplier, specifying the required Goods and the Delivery Date
	2.2.	Any quotes by the Supplier are based on the quantities ordered by the Customer and are subject to change if quantities change.
	2.3.	Orders will not be processed until such time as the Customer provides the Supplier with written confirmation of their acceptance of the quotation or a signed copy of the quotation, unless otherwise agreed to by the Supplier.
	2.4.	A deposit may be required depending on the order amount.
	2.5.	These Conditions of Sale apply in respect of all offers to sell, quotations, contracts and other commercial transactions for the supply of Goods by the Supplier to the Customer.
	2.6.	Cancellation of, or changes to, orders will not be accepted after the Customer accepts the quotation, unless the Supplier agrees in writing in which case the Customer must pay a cancellation charge of either: 100% of the quoted price for Goods that have been manufactured in accordance with a Customer’s specifications or requirements; or 50% of the quoted price for standard products.

3. Pricing
	3.1.	Prices are exclusive of GST and delivery charges.
	3.2.	Subject to clause 3.1, prices for Goods are subject to change without notice and shall be those current at the time of the receipt of the order by the Supplier.

4. Payment
	4.1.	Unless the Customer has a credit account, orders will only be processed after receipt of full payment; otherwise, payment must be made within thirty (30) days of the Supplier’s invoice.
	4.2.	Payments after thirty (30) days incur an administrative fee of $50 for every attempt to collect payment, plus interest at the rate of 2% per month calculated on the daily balance.
	4.3.	Any expenses or costs incurred by the Supplier in recovering any outstanding amounts, including debt collection or legal fees, shall be paid by the Customer.

5. Freight
	5.1.	All costs associated with the transport of the Goods, whether the transport is contemplated by these Conditions of Sale or not, are to be paid by the Customer.

6. The Goods
	6.1.	Subject to Clause 6.2, the Supplier does not warrant that the ordered Goods will be available on the Delivery Date or conform to any specifications specified by Customer.
	6.2.	If any item ordered by a Customer is unavailable on the Delivery Date, the Supplier may, at its discretion, substitute such item with another similar item at no further cost to the Customer.
	6.3.	If, through no fault of the Customer, the Supplier cannot supply the Goods by the Delivery Date or is unable to substitute an item as specified in Clause 6.2, the Supplier shall refund to the Customer any deposit paid and otherwise the Supplier shall not, in any circumstances, be liable to the Customer for any loss or damage whatsoever, including consequential loss.
	6.4.	If the Customer is unable to accept delivery of the Goods by the Delivery Date and the Supplier agrees to a later Delivery Date, the Supplier will store the Goods until the Delivery Date, in which case a maintenance fee of 30% of the quoted price will be payable by the Customer for each month or partial month of storage.

7. Return of Goods
	7.1.	Any claim for Goods damaged or short supplied must be made in writing within seven (7) days from the date the Goods were delivered or collected and must refer to the original invoice number, date, and provide a reason for the claim.
	7.2.	Goods will not be accepted without prior approval in writing by the Supplier.
	7.3.	The Supplier’s liability for Goods manufactured by it is limited to making good any defects by repairing the defects or at the Supplier’s option by replacement after the Goods have been dispatched so long as:
		(a)	the defective Goods are promptly returned free of cost to the Supplier;
		(b)	the Goods have not been altered or received maltreatment, inattention or interference;
		(c)	accessories of any kind used by the Customer are manufactured by or approved by Supplier;
		(d)	the seals of any kind on the Goods remain unbroken; and
		(e)	defects have arisen solely from faulty materials or workmanship.


	7.4	If the Goods are not manufactured by the Supplier, the guarantee of the manufacturer of those Goods is accepted by the Customer and is the only guarantee given to the Customer in respect of the Goods. The Supplier agrees to assign to the Customer on request made by the Customer the benefit of any warranty or entitlement to the Goods that the manufacturer has granted to the Supplier under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.
	7.5.	Other than as specified above, Goods cannot be returned by the Customer.

8. Retention of Title
	8.1.	Despite physical delivery of the Goods to the Customer, right, title and interest in all Goods remain with the Supplier until the Customer has made full payment for Goods sold by the Supplier to the Customer.
	8.2.	Until full payment of the Goods has been made, the Customer acknowledges and agrees that:
		(a)	ownership of the Goods shall remain with the Supplier;
		(b)	the Customer shall store the Goods in such a manner so the Goods are clearly identifiable as the property of the Supplier; and
		(c)	the Customer shall comply with all reasonable demands of the Supplier concerning the manner and method by which the Goods are to be stored.
	8.3.	The Customer agrees and acknowledges that the Supplier has the right to enter the Customer’s premises to inspect the manner and method of storage of the Goods for the sole and exclusive purpose of repossessing Goods for which the Supplier has not received full payment. No waiver by the Supplier in respect of any breach shall operate as a waiver in respect of any subsequent breach.

9. Risk
	9.1.	All Goods shall be at the risk of the Customer from the date the Goods are dispatched for delivery to the Customer or collected by the Customer and the Customer shall be liable for and shall insure fully against such risk.

10. Statements by Supplier
	10.1.	Unless expressly stated in this Agreement, no other conditions or warranties are made by the Supplier to the Customer and any implied warranties are excluded.
	10.2.	Any performance figures given by the Supplier are estimates only. The Supplier is under no liability for failure of the goods to attain such figures unless specifically guaranteed in writing. Any such written guarantees are subject to the recognised tolerances applicable to such figures.
	10.3.	Subject to the provisions of the Trade Practices Act 1974, or any other relevant law that cannot be excluded or limited, no warranty is made by the Supplier as to the quality, fitness for purpose or merchantability of the Goods.
	10.4.	The Supplier shall not be liable in any way whatsoever to the Customer for any loss or damage (including consequential losses) for any breach of a condition or warranty (express or implied) or negligence or in any circumstances for any technical advice or assistance given to the Customer.
	10.5.	Despite clauses 10.1, 10.2 and 10.3, if liability arises for any reason whatsoever, the Supplier’s liability shall be limited to:
		(a)	a refund of the price paid by the Customer for the Goods or the issue of a credit note for such amount; or
		(b)	the replacement of the Goods or the supply of equivalent Goods; or
		(c)	the repair of the Goods.

11. Force Majeure
	11.1.	If, by reason of any fact, circumstance, matter or thing beyond the control of the Supplier, the Supplier is unable to perform in whole or in part any of its obligations, the Supplier shall be released of that obligation and shall not be liable in any way to the Customer for such inability.

12. Severability
	12.1.	lf a Court holds that any part of these Conditions is void or unenforceable then that part shall be severed from and shall not affect the continued operation of these Conditions.

13. Jurisdiction
	13.1.	Any dispute between the Supplier and the Customer shall be governed by Queensland law and all disputes to be settled shall be subject to the jurisdiction of Queensland Courts.

14. General
	14.1.	Any indulgence or relaxation of these terms shall not act as a waiver of the Supplier’s rights under these Conditions of Sale.
	14.2.	Any variation to these Conditions by the Customer and the Supplier must be agreed to in writing.
	14.3.	These Conditions of Sale shall prevail in the event of any inconsistent provisions contained in any order, invoice or other agreement between the Customer and Supplier.
	14.4.	These Conditions of Sale constitute the whole of the agreement between the Customer and Supplier, unless varied in writing in accordance with this Agreement.