Warranty
Melrose Mobile Hydraulics Pty Ltd (The Company) will make good at its option by repair or replacement any articles sold by it which, within twelve months after delivery, are shown to the Company’s satisfaction to have been, at the time of delivery, defective where such defect is solely attributable to defective workmanship, materials or manufacture provided that:
- The company is immediately notified upon detection, and No defect is caused by willful damage, negligence, incorrect storage or application, incorrect use, movement, installation or assembly (except by the Company, its servants or its agents) or defects caused by fair wear and tear, and
- If required by the Company the goods are returned to the Company within one month of the discovery of the defect. The warranty contained in this Condition is the ONLY express warranty given by the Company. All other conditions, representations, terms and warranties as to the fitness of quality of the goods supplied for any purpose, whether express or implied, whether statutory or otherwise and whether verbal or in writing are hereby excluded and negative to the full extent permitted by law in each case.
- Subject only to the provisions of the previous Conditions the Company hereby excludes to the full extent allowed by the law all liability of any kind whatsoever to the purchaser or any other party for any loss, damage or loss sustained or incurred by the purchaser or any other party in consequence of or resulting by, directly or indirectly, the supply of, use of or performance of any products or services for whatever reason whether arising out of any breach by the Company or any contract incorporating these Conditions or negligent or wrongful acts by the Company or its servants or its agents in connection with its products and or its services, and limits any liability that it might nevertheless have to a maximum amount being the invoiced price of the products or services in question.
- No goods may be returned to the Company without the Company’s prior written consent.
- The Company reserves the right to declare void any warranty claim where the claimant does not extend to the Company a reasonable opportunity to fully inspect the product, application and circumstances of the product.
- Freight charges for return of the product to the customer and also the incoming freight are to be prepaid by the customer.
Retention of Title
- Property in all the Goods supplied shall remain vested in the Company and shall not pass to the Customer until all monies owing to the Company by the Customer together with all collection, repossession and/or legal costs incurred, have been paid in full.
- The goods, whether as separate chattels or as components, shall be stored in such a manner as to be clearly identifiable as the property of the Company until title has passed to the Customer.
- The Company may demand at any time until title has passed to the Customer that the Customer returns the Goods or any part of them.
- In the event that the Customer defaults in the payment of any monies owing to the Company, the Company and its employees or agents shall have the right to enter without notice upon the Customer’s premises or any other premises where the Goods are known to be stored to repossess the Goods and for this purpose the Customer shall grant reasonable access rights and the Company, its employees or agents shall be entitled to do all things required to secure repossession.
Quotations
- Quote validity is 30 days from the date stated on the quote.
- All quotations are subject to 10% GST (goods and services tax).
- At the Company’s sole discretion, a deposit may be required prior to any supply.
- Any additional freight costs or fees will apply on the final tax invoice.
- Quotes are to be approved by the buyer to the company in writing, providing the quote number.
Payment Terms
- At the Company’s sole discretion, a deposit may be required prior to any supply.
- Credit Account Customers are required to pay all amounts for purchases, in full and with not deduction or set-off, no more than 30 days from the end of the month during which any given purchase is made.
- If any amount becomes overdue, all amounts recorded on the purchaser’s account will be deemed to be immediately payable.
- In the event of a dispute, the complete undisputed portion of the account must be paid in accordance with the Payment Terms
- Should it be considered necessary by the Company to incur legal and/or any other expenses, including any such expenses to any debt collection agency, in obtaining, or attempting to obtain, payment for any amount due by the Customer, the Customer shall be liable for all such expenses. The Customer acknowledges that those expenses may be calculated on a commission basis at a percentage rate of up to 25% of the amount due and expressly agrees to pay those expenses irrespective of the amount of work actually performed by the agency.
- Amounts received by the Company may be applied first against, charges and expenses.
- Interest on overdue amounts may be charged at a rate of 2.0% per calendar month or part thereof and the Customer shall be liable for, and expressly undertake to pay, all such interest.
- Any payment made by or on behalf of a Customer which is later avoided by the application of any Statutory Provision shall be deemed not to discharge the Customer’s indebtedness and, in such an event, the parties are to be restored to rights which each respectively would have had if the payment had not been made.
- The Customer shall be liable for, and expressly undertakes to pay, all fees (including and Administration Fee in an amount to be set from time to time by the Company) for all costs incurred as a result of any cheque or electronic banking transaction being dishonored for whatever reasons.
- If the purchaser fails to make any payments that are due on or before the due date stipulated in the invoice, under this or any other contract, the Company may delay, suspend or cancel deliveries in whole or in part at its sole discretion.
- The Company may, in our discretion, refuse to sell or supply services to the purchaser as permitted by law, and may, but is not obliged to, give written notice to that effect. The Company is not required to give reasons for its refusal.