Prices and specification are subject to change without notice. All orders are accepted on the understanding the billing will be rendered at prices prevailing at the time of shipment. All prices are subject to any Federal State or other taxes in effect at the time of despatch. All prices ex works except as in clause (13).
Delivery and Payment
- Current only until the date shown for acceptance. Prior to acceptance the company may amend, vary or withdraw same. Written acceptance must be received by the company before a quotation expires if the terms of such acceptance are inconsistent with the terms and conditions herein then these terms and conditions shall entirely supersede any terms that may be part of the customers order or accepted by us in writing.
- Only work specified therein is covered by quotations and any additional work requested by the customer or resulting from drawings samples or specification authorisations or any other variation whatsoever will be charged extra and may be subject to a revised delivery date. Oral instructions will not be binding on Andale Beverage Systems (Vic) Pty Ltd.
Unless otherwise agreed in writing by the contrary:
Cancellation or Suspension
- No discount shall be allowed and payment shall be made within 30 days from end of month of invoice to accredited customers or strictly C.O.D.
- Part deliveries can be made by the company.
- The company shall not be liable for delay in delivery or failure to deliver due to circumstances beyond its reasonable control nor for consequential loss or damage and the customer shall accept and pay for goods notwithstanding late delivery.
- Notwithstanding that the company may agree to defer delivery at the request of the costumer payment for goods shall be made within 30 days from end of month of invoice.
- Where delivery is to be made by a carrier whether or not nominated in writing by the customer or a signed delivery docket signed by the carrier will be sufficient proof of delivery.
- The goods will be at the customers risk from time of delivery.
Suspension or cancellation of any order or part thereof will not be accepted unless agreed to in writing by the company. All work done material used or expenses incurred by the company to the date it may agree to suspension or cancellation will be pay for by the company within 30 days from end of month of invoice.
Limit of Liability
To the extent permitted by law all implied conditions warranties and undertakings are expressly excluded. The company’s liability for the breach of condition warranty or undertaking which is not excluded is limited in the manner and to the extent permitted by section 68A of the Trade Practices Act 1974.
The customer shall be deemed to have inspected the goods immediately on delivery and subject to clause 7 hereof no claim will be recognised unless received in writing by the company within 14 days of delivery or tender of delivery. No claim by the customer in respect of the goods shall entitle the customer to withhold payment of any part of the purchase price.
Materials Supplied by Customers
- The company shall have a general lien on all goods and property in it’s hands whether or not supplied by the customer and shall be entitled, after the expiration of 14 days’ notice in writing to the customer to dispose of such goods or property as it thinks fit and to apply the proceeds firstly to the debts of the customer and then to any expenses or costs incurred by the company in the storage and sale of goods or property and in the event of the customers breach of this or any Contract between the company and the customer retain the balance of proceeds of any such sales on account of damages for breach of contact.
- Without prejudice to other rights the company may have, if the customer fails to complete a Contract or is in breach of any term hereof the company shall have the right to terminate the Contract by notice in writing to the customer and to forfeit any deposit or other moneys paid hereunder and to sue the customer for breach of contract.
- Where the company is satisfied there is a substantial deterioration in the customers financial position the company shall have the right to withhold delivery of goods under all Contracts between the customer and the company and the customer shall pay the company the purchase price specified therein and all moneys due and payable by the company to the company prior too delivery.
- The company will retain the property in the goods until payment is received which where applicable will be upon clearance of cheques. In the event the company seeks to recover the goods the customer herein agrees to allow the company or its agents access to its premises and to do things reasonably necessary to obtain possession of the goods and agrees the company will not be liable for any damages howsoever caused consequent upon such recovery.
Packing and Shipping
- Property and materials supplied by or for and on behalf of the customer (including property or materials in transit) are at the customer’s risk and the customer shall not be liable in any way whatsoever for loss or damage to such property or material and it shall be the responsibility of the customer to insure such property or material
- Where the customer supplied by or property adequate quantities shall be supplied to cover spoilage. The company shall not be required to check or count materials or property when received by it unless requested by the customer in writing and acknowledged by the company in writing. The company shall be entitled to be charged for such counting or checking requested by the customer which change shall be additional to any price specified.
- The customer shall not without the consent of the company move in or in any way interfere with the property and materials left with company whilst in the company’s possession and control. The company shall be entitled to retain any property or materials supplied for and on behalf of the customer for as long as any moneys are owing by the customer whether in relation to the property retained or otherwise.
- All equipment, materials, property, plans or specifications furnished by or on behalf of the customer to the company for the purpose of performing and services or manufacturing and products or goods by the company shall be of suitable specification and quality for the performance of such services or the manufacture of such products or goods. The company shall not be liable in any way whatsoever where materials, equipment, goods, plans or specifications supplied for on behalf of the customer are defective or unsuitable.
- The company may in addition to the price quoted therein charge for handling and storage of property materials or equipment supplied for or on behalf of a customer.
Unless otherwise stated herein or agreed in writing the company shall not be liable for any loss damage or non receipt of any product goods or equipment whether or not cartage freight or insurance have been charged and the customer shall indemnify and hold the company harmless against all loss, damage, claims, suits, demands or actions arising out of the shipment of such products goods or equipment via or on behalf of the company.
- From the time of delivery or tender of delivery within Australia.
- In respect to F.O.B. deliveries outside Australia from the time the products, goods, or equipment are on board ship or aircraft.
- With C.I.F. deliveries outside Australia from the time products, goods or equipment are placed in port warehouse.
If quotations include imported materials, any variation to the duty rate ( Including by-laws) and overseas shipping rates will adjust the contract price. Any variation in the rate of the Australian dollar to the currency of purchase on the imported material will adjust the contract price accordingly.
Variation of Terms and Conditions
Unless otherwise stated by the company no addition to or alteration of these terms and conditions or any representation statement or promise inconsistent therewith shall be valid except when agreed to by the company in writing.
The customer agrees that the company will have the right to charge interest at the rate of sixteen per centum per annum on all overdue amounts.
Freight will be charged at the ruling rate or goods will be despatched freight on except within the boundaries as advised.
These terms and conditions shall be constructed in accordance with the laws of the State of Victoria and the company and the customer shall submit to the jurisdiction of the Courts of Victoria.