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StateACTNTNSWQLDSATASVICWA

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TERMS AND CONDITIONS OF SALE
DEFINITIONS “Seller” means Neverall Pty Ltd ABN 71 070 121 309 T/As BrakeQuip Australia. “Buyer” means the company, firm or person placing the Order with the seller. “Order” means the order placed by the buyer with the seller.
“Goods” means the goods or services supplied pursuant to the Order. “Warranty” means the warranty referred to in clause 6.1.
1. ACCEPTANCE OF ORDER
1.1. The Seller’s acceptance of the Order is subject to these terms and conditions of sale and to any additional terms and conditions that may be contained in the Seller’s price lists or quotations pursuant to which the order was given.
1.2. These terms and conditions of sale may only be amended with the written consent of the Seller.
1.3. The terms and conditions of sale referred to in clause 2.1 shall take precedence over any additional terms and conditions contained in the Buyers Order or in the Buyers request for a quotation.
2. PRICE AND PAYMENT
2.1. The Seller reserves the right to vary without notice any of the prices quoted to the buyer in order to:
a. conform to the Seller’s price file as at the date of dispatch of the Goods;
b. reflect changes in product costs or related services between the date of quotation and the date of delivery; or
c. take account of:
i) implementation of any requests by the Buyer for changes in delivery schedules, completion dates, quantities, qualities, designs or specifications or similar requests; or ii) delays caused by any instruction of the Buyer or by failure of the Buyer to give adequate information or instructions.
2.2. Unless expressly referred to, all prices are net of GST and the Buyer is liable to pay any GST that is imposed in respect of the supply of the Goods. The Buyer shall also be liable to pay any other taxes, duties, fees, imposts and surcharges applicable to the Goods.
2.3. Payment by the Buyer to the Seller shall be net cash within 30 days after the end of the month during which the Goods were invoiced to the Buyer.
3. DELIVERY
3.1. Where the delivery of Goods is the responsibility of the Seller, the method of cartage shall be at the discretion of the Seller.
3.2. The Seller will make every reasonable effort to promptly deliver Goods (whether by installment or otherwise).
3.3. Unless the Seller is notified otherwise in writing by the Buyer, all Goods shall be delivered to the address of the Buyer specified on the Buyers Order.
3.4. All prices offered by the Seller are not inclusive of delivery costs. The price offered is ex-Melbourne (Braeside) Warehouse.
3.5. The Seller shall not be liable for any consequential loss or damage (including any loss of revenue or increase in expense) due to delay in the delivery of the goods.
4. TITLE AND RISK
4.1. Until payment in full for the Goods has been received by the Seller, the title of the Goods (both legal and beneficial) shall remain with the Seller, despite the fact that the Buyer may mix or combine the Goods and other Goods.
4.2. The risk in the Goods shall remain with the Seller until delivery of the Goods to the Buyer (unless otherwise informed at time of placement of Order) or in the case of the export market, delivery in accordance with pre-arranged terms between the Buyer and Seller.
5. ACCEPTANCE OF GOODS Acceptance of Goods delivered to the Buyer shall be deemed to have taken place as of the day the Goods were actually delivered to the Buyer.
6. WARRANTIES
6.1. Subject to clause 6.2, the Seller warrants that it will at its option, replace, rework, refund the price of or give a credit in relation to any Goods that are faulty in respect of materials or workmanship (the Warranty).
6.2. The Warranty shall be valid for a period of either twelve (12) months or 20,000 km, whichever occurs first.
a. from the date of sale of any new vehicle incorporating Original Equipment Goods: or
b. from the date of installation into a vehicle for Aftermarket Goods.
6.3. The Warranty shall not apply:
a. the defect is caused by the failure to store, install, assemble or use in accordance with the Seller’s or any other applicable instructions, specifications or recommendations;
b. where the Goods have been, in the Seller’s reasonable opinion, subject to any misuse, negligence, fire, accident or racing conditions or have been subject to repair or dismantling not authorized by the Seller;
c. to parts damaged by wear and tear by reason of normal usage;
d. to any Goods, notwithstanding the other provisions of this clause, where the buyer does not forthwith do each of the following:
i) inform the Seller of the defect on discovering the defect or on reasonably suspecting the existence of the defect; and
ii) return the purportedly defective Goods, at the Buyers own cost together with a written explanation of the defect and proof of the purchase date of the Goods;
e. to second-hand Goods;
f. to Goods purchased at a disposal sale or auction; or
g. to Goods not purchased from the Seller.
6.4. Notwithstanding any other terms and conditions of sale referred to in clause 2.1, the Seller’s liability under the Warranty shall be limited to, at the option of the Seller, the replacement of the Goods, refund of the purchase price or allowing credit in relation to the Goods.
6.5. The Seller’s replacement, refund or credit in relation to any Goods shall not constitute and its customers should not construe that replacement, refund or credit as an acceptance of liability or an admission of negligence of fault by the Seller.
6.6. Any statutory or other warranties, terms and conditions of sale or representations not contained in the terms and conditions of sale referred to in clause 1.1, whether expressed or implied, are hereby excluded to the extent that they may be lawfully excluded by agreement between Buyer and Seller.
7. LIMITATION OF LIABILITY
Notwithstanding any other terms and conditions of sale referred to in clause 2.1, the Sellers liability in respect of any loss, damage or harm of any kind (whether direct or indirect and whether in contract. tort, negligence or pursuant to statute or otherwise and including any loss or damage in the form of personal injury or death, loss or damage to property and any loss of revenue or increase in expense) suffered by the Buyer in relation to the Goods shall be limited to, at the option of the Seller, replacement of the Goods, rework of the Goods, refund of the purchase price or a credit in relation to the Goods.
8. DEFAULT
The Seller may, at its option, cancel or suspend any contract arising out of acceptance of an Order and take over the Goods and dispose of them to recover any loss, damage or harm suffered by the Seller as a result of the Buyer ceasing or threatening to cease to carry on business, undergoing a change in effective control without the Sellers consent, defaulting in making payment to the Buyer, being unable to pay its debts as and when they fall due, entering into a deed of company arrangement, taking steps to commence liquidation or having a receiver or similar official appointed over its assets.
9. FORCE MAJEURE
The Seller shall not be liable to the Buyer for any loss, damage, or harm of any kind (whether direct or indirect) however arising by reason of force majeure being any cause not within the reasonable control of the Seller or its suppliers.
10. APPLICABLE LAW
The construction, validity and performance of these terms and conditions shall be governed by the law in force in the state of Victoria, Australia.

I / We agree to pay all monies due to BrakeQuip Australia not later than 30 Days after the end of the month during which the goods were invoiced.
I / We acknowledge having read and hereby accepted the enclosed Terms and Conditions of Sale.
Submitted by