These Terms of Trade affect all goods and services sold and supplied by Steamaster Australia Pty Ltd (“the vendor”). The purchaser accepts all goods and services sold and supplied by Steamaster Australia Pty Ltd on the following conditions:
1. Price and terms of payment for the goods are as set out on the tax invoice issued at time of purchase. If the terms of the purchase’s order are different from these terms of trading then delivery of the goods to the purchaser constitutes an offer by the vendor to sell the goods to the purchaser on these terms and acceptance of the goods by the purchaser shall be acceptance by the purchaser of these terms of trading.
2. All taxes, customs, duties, stamp duties and duties of excise of any nature whatsoever now levied by any governmental authority whether federal, state or local either directly or indirectly upon the goods or upon freight charges (if any) shall be paid by the purchaser.
3. The vendor reserves the right to add to the price of the goods any increase of the items set out in 2 hereof levied during the currency of the contract and before delivery of the goods.
4. Unless otherwise expressly provided in writing herein, all costs of transportation are to be paid and borne by the purchaser and delivery of the goods to the carrier shall constitute delivery thereof to the purchaser, and thereafter such goods shall be at the purchaser’s risk.
5. The vendor reserves the right to require payments of any hereunder in advance or to require that satisfactory security for payment be given prior to such delivery. If the purchaser fails to make payment in accordance with the terms of this agreement, or fails to comply with any provisions of this agreement, the vendor reserves the right to cancel any delivery of the goods and partially complete work.
6. The vendor shall be entitled to invoice the purchaser on the date the products are delivered to the carrier.
7. The vendor shall not be liable for failure to deliver or delayed delivery by reason of the following matters affecting delivery:
(a) fires, floods or other casualties;
(b) war, riots, civil uprising, embargoes, government regulations, or vendors inability to obtain necessary materials from its usual source of supply;
(c) delays in the transportation to the purchaser, howsoever caused;
(d) existing or future strikes or other labor troubles affecting production or delivery whether involving employees of the vendor or employees of others regardless of responsibility or fault on the part of the employer;
(e) other contingencies of manufacture or delivery whether or not of a class mentioned and not reasonably within the vendors control.
8. Until the goods are paid for in full the ownership thereof shall remain with the vendor. Until the goods are paid for in full the relationship between the parties shall be fiduciary and the purchaser shall hold the goods as bailee for the vendor. The purchaser is not permitted to dispose of the goods until they are paid for without the specific consent in writing of the vendor.
The vendor may, if the purchaser is in default in payment for the goods, retake possession of the goods of notice, without being liable for any losses incurred or damage sustained as a direct or indirect consequence of the vendor retaking possession of the goods. The purchaser agrees that the vendor has access to its premises for the purpose of retaking possession of the goods. The vendor shall have all of the above rights notwithstanding that the purchaser defaults or commits an act of bankruptcy or a receiver is appointed of the purchaser’s business or the purchaser goes in to liquidation. The purchaser acknowledges that the vendor has the right to resell any of the goods of which it has retaken possession.
9. The vendor grants a warranty on new products against all defects for which it is responsible covering a period of 12 months from the date of delivery. This warranty does not cover parts that are subject to normal wear and tear. The warranty shall become null and void if any repairs are carried out improperly by the purchaser himself or any third party. For the warranty coverage to apply, all repairs must be carried out by an authorised and approved repair centre or Steamaster Australia Pty Ltd repair centre currently located at 6 Reservoir Avenue, Greenacre, NSW 2190. Any freight costs incurred in transporting the goods to and from the vendor’s repair centre are payable by the purchaser.
10. If the vendor has consented in writing to the purchaser disposing of the goods to a third party such consent is conditional upon the vendor being paid in full and the purchaser hereby agrees to notify any subsequent purchaser that the former does not have title in the goods and that title in the goods cannot pass from the vendor until the vendor has been paid in full for the goods.
11. If any money is not paid on the due date the purchaser shall interest on that amount at the rate of 15% per annum to the vendor until the amount outstanding is actually paid.
12. If the purchaser becomes insolvent or bankrupt or calls a meeting of creditors or goes in to liquidation, voluntary or otherwise the vendor may suspend delivery or cancel the order.
13. Any legal costs or expenses incurred by the vendor in recovery of any outstanding payment under this invoice will be payable by the purchaser.
14. Subject to such statutory warranties as cannot validly be excluded, no warranty is given that the goods sold are suitable in size, shape, capacity, quality or otherwise for the purpose for which the goods are brought.
15. Any special terms of sale on the tax invoice issued at time of purchase are by this reference incorporated herein with the same force and effect as those set out herein in full and shall prevail to the extent of any inconsistency with these printed terms of trade.
16. The purchaser shall inspect the goods immediately upon thereof and shall within not more than fourteen (14) days from the date of delivery give notice in writing to the vendor of any defect in the goods or of any failure by the vendor to deliver goods as ordered by the purchaser. If the purchaser fails to give such written notice then the goods shall be deemed to be in all respects in accordance with the order placed by the purchaser.
17. If for any reason whatsoever the Vendor accepts goods returned by the purchaser shall pay to the vendor 20% of the invoice price as a handling charge.
18. If any term or provision (or part thereof) of these terms of trading is held by a court of competent jurisdiction to be illegal, unenforcable or contrary to public policy then these terms of trading shall be read as if such term or provision (or part thereof) has never been in these terms of trading and were severed therefrom leaving the remainder of the terms of trading legal valid and enforceable.
19. The vendor shall not be responsible for any consequential loss or damage which may be occasioned by any breakdown, stoppage or failure of the goods from any cause whatsoever.
20. These terms of trading shall constitute the entire agreement between the parties except to the extent that such terms of trading are modified in writing and signed by both parties.
21. The vendor shall, in respect of all unpaid debts due from the purchaser have a general lien on all goods ordered by the purchaser in the hands of the vendor and shall be entitled on the expiration of fourteen (14) days notice to the purchaser to dispose of such goods as the vendor thinks fit and to apply the proceeds towards such unpaid debts.
22. No waiver by the Vendor of any one breach of these terms of trading shall operate as a waiver of another breach of the same or of any other such terms of trading and the doing/or omission of any act matter or thing whatsoever by the vendor its servants or agents (which but for this clause would or might amount to a waiver of the Vendor’s rights in respect of any such breach or default) shall not operate nor be deemed to be a waiver in any way of the Company’s rights and powers in respect of any such breach or default any rule of law or equity to the contrary notwithstanding.
23. This agreement shall be governed by the laws of the State of New South Wales and parties hereby submit to the jurisdiction of the Courts of that state of the resolution of any dispute under this agreement.
*Approved or authorised service centre – an individual business, company or organisation formally authorised and approved by Steamaster Australia Pty Ltd