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1. TERMS
(a) Net cash thirty (30) days
(b) Failure to comply with terms of
payment will without more constitute a breach of contract and MPM may treat the
whole contract repudiated and act accordingly
(c) MPM may refuse with out prejudice to
any their rights it may have to supply or deliver further products to the
consumer pursuant to a quotation or otherwise until such time as the customer
has remedied any default under this clause.
(d) Interest may be charged on any
amount overdue at the rate charged from time to time by MPM’s bankers at its
base lending rate on overdrafts for such amount.
2. PRICE
(a) All prices quoted are ex warehouse –
delivery, packaging, freight, insurance etc. are extra.
(b) All prices quoted are current at the
date of quotation but are subject to change without notice.
(c) All prices quoted are subject to GST
to be paid by the customer unless appropriate certification is supplied to MPM
by the customer prior to invoicing of goods.
3. DELIVERY
(a) Any times or dates quoted for dispatch
or delivery, following our acceptance of your order are based on receipt by us
of full and final instructions enabling us to proceed uninterruptedly with the
work. MPM cannot accept responsibility for any delays due to causes outside of
its control and while delivery time is estimated as accurately as possible, it
cannot be guaranteed nor is any such estimation of essence to be a condition of
the contract.
(b) No responsibility for loss, damage
or delay from any cause outside the company’s control is accepted by MPM and
the customer is not entitled to any compensation of any nature for such loss,
damage or delay.
(c) All goods are at the customer’s risk
during transit and MPM’s liability for the goods ceases on delivery to any
authorised third party carriers, agents or representatives of the customer.
(d) Visible damage to goods must be
reported to MPM within twenty four (24) hours of receipt of the goods.
4. RETURN OF GOODS
Credits may be allowed at MPM’s discretion only upon the
following conditions:
(a) Credit will not be considered unless
goods are returned in good conditions are freighted prepaid.
(b) The original invoice number and date
must be quoted.
(c) A full credit may be available only
if as well as the above conditions being met, the goods are returned to our
store within thirty (30) days of the date of full supply.
(d) MPM reserves the right to deduct a
re-stocking fee from any credit.
5. TITLE OF GOODS
As long as the customer owes MPM any part of the price of
goods supplied at any time, the company shall retain the legal title in all
goods supplied and not yet used or resold. When such goods are used, even with
loss of identity the legal title to the resultant product shall vest in the
proceeds to be kept in a separate account or to be accounted for to the company
on demand.
If goods are in the possession of a customer to which the
title has not passed, the customer is under obligation to retain them in good
and merchantable condition until either paid for or collected and to allow MPM
and/or its servants or agents on the premises where they are stored for the
purpose of collecting the goods.
6. WARRANTY
MPM warrants that goods manufactured or produced for it are
free from defects. MPM shall use its best endeavours, whenever possible, to
pass to the customer the benefit of warranties given by the supplier or
manufacturer of goods not manufactured or produced by MPM.
7. LIMIT OF LIABILITY
(a) Any stipulations, terms or
conditions contained in the customer’s order form which conflict with any of
the terms and conditions hereof, are not accepted by MPM and will be deemed to
be inapplicable to any order placed with MPM unless agreed upon in writing by
MPM’s products.
(b) Subject to any conditions or
warranties mandatorily implied by law and to any conditions and warranties
contained herein, all conditions, warranties and representations on the part of
MPM whether express or implied, are here by expressly negatived and excluded.
(c) MPM shall be under no liability to a
customer for any loss or damage to any person or property of for death or
injury caused by an act or omission (including negligent acts or omissions) of
MPM, its servants or agents.
(d) Subject to the qualifications
contained in Section 68(A) or the Trade Practices Act 1974, should MPM be
liable for breach of a condition or warranty, mandatory implied by law, its
liability for such breach shall be limited to one of the following as
determined by MPM in the case of supply of goods namely,
(i) the
replacement cost of the goods;
(ii) the
supply of equivalent goods;
(iii) the repair of the goods;
(iv) the payment of the cost of replacing
the goods acquiring equivalent goods;
(v) the
payment of the cost of having the goods repaired.
In the case of supply of services
its liability shall be limited to MPM (at its option) either:
(i) supply
of the service again; or
(ii) payment
to the customer of the cost of resupplying the services.
Except as hereinbefore stated MPM’s
liability in respect of all claims under this contract shall be limited to the
value of the portion or item of the goods or services which is not in
accordance with this contract. MPM may completely discharge its liability to
the customer by replacing such portion or item, and shall not be liable for any
consequential loss.
(e) Subject to any legislation or
express agreement to the contrary, the customer acknowledges that it does not
rely on the skill and judgement of MPM its servants or agents in determining
whether the goods to be supplied are fit for any particular purpose and the
customer further acknowledges that any advice furnished by MPM with respect to
the use of goods is given on the basis that the company assumes no obligation
of liability for advice given or results obtained, all such advice being given
and accepted by the customer at the customer’s risk.
(f) The customer has responsibility for
ensuring that the goods are not used for any purpose for which they are not
suitable.
(g) Under no circumstances shall MPM be
liable for any direct or indirect loss (including loss of profit) or damage
whether special or consequential however arising except for:-
(i) Any
loss or damage suffered by the customer as a direct result of a failure by MPM
to perform such a contract; or
(ii) The
actual cost incurred by the customer as a direct result of failure by MPM to
perform such a contract.
(h) No claim or action shall be
maintainable against MPM unless it shall first have been notified in writing
and furnished with full supporting documentary evidence in relation to the
quantum of such claim.
8. ACCEPTANCE
Accepting delivery of goods detailed in invoice is
acceptance by the customer of the above conditions of sale and those contained
in the customer’s credit application.
9. LAWS
All contracts made hereunder are deemed to be made in
Queensland except to the extent that the laws of the Commonwealth of Australia
apply, the interpretation thereof and all disputes arising thereform or
connected therewith shall be governed in all respects by the laws of the State
of Queensland and all such disputes shall be referred to a court of competent
jurisdiction in the said State unless the parties agree otherwise in writing.
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