MacDonald & Cammac Machinery Ltd
Installation shall mean the leveling and positioning of the Goods, removal of travel clamps, aligning of any auxiliary equipment, connection of all necessary air and power supplies at the machine, and checking and adjusting where necessary all lubricant levels but DOES NOT include the provision of a level site of sufficient strength capability for the Goods, the provision of which is the sole responsibility of the Buyer.
None of the Sellers Agents or Representatives are authorized to make any representations, statements, conditions or agreements not expressed by the Manager of the Seller in writing nor is the Seller bound by any such unauthorized statements.
- Agrees that it does not rely on the skill or judgment of the Seller in relation to the suitability of the Goods for any particular purpose unless it has indicated that purpose in writing to the Seller and the Seller acknowledged in writing that the Goods will be fit for that purpose and acknowledge that it has chosen the Goods relying on its own skill, expertise and experience.
- Acknowledges that delivery lead times advised by the Seller are indicative only and shall not be binding on the Seller.
3. Price and Payment
- The Seller reserves the right to charge the Buyer for any fluctuation in foreign exchange currency rates resulting in an increase in the cost to the Seller of obtaining the Goods or delivering the Goods to the Buyer. The Buyer acknowledges that any sum charged by the Seller in respect of such fluctuation shall be based upon the entire Purchase Price, irrespective of whether a deposit has been paid by the Buyer.
- At the Sellers sole discretion a deposit may be required. The deposit amount or percentage of the Price will be stipulated at the time of the order of the Goods and shall become immediately due and payable.
- Time for payment for the goods shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated then payment shall be prior to delivery of the goods.
- The price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Seller.
4. Delivery of Goods/Services
- The Seller is entitled to charge a delivery fee for such transport. The delivery fee shall be due and payable by the Buyer on the date for payment of the Price.
- If no delivery point has been specified by the Buyer, the Buyer shall collect the Goods from the Seller’s premises within 7 days of the Seller notifying the Buyer that the Goods are ready for collection.
- The Seller shall be entitled to charge storage fees in respect of the Goods so stored. Storage fees shall be due and payable by the Buyer on the date for payment of the Price
- In the event of any delay or failure to deliver, arising from any circumstances including but not limited to a Force Majeure Occurrence, The Seller shall not be liable to any claims by the Buyer or for any loss, damage or expense suffered or incurred by the Buyer including consequential loss or damage whatsoever or howsoever arising out of the delay or failure and the delay or failure shall not relive the Buyer of its obligation to pay the Purchase price or permit the Buyer to rescind the contract and/or reject the goods.
5. Return of Goods
- The Buyer shall inspect the Goods on delivery and shall within seven (7) days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Buyer believes the Goods are defective in any way. If the Buyer shall fail to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
- For defective Goods, which the Seller has agreed in writing that the Buyer is entitled to reject, the Seller’s liability is limited to either (at the Sellers discretion) replacing the Goods or repairing the Goods provided that:
- The Buyer has complied with the provisions of clause 7:
- Where the goods are unable to be repaired the Goods are returned at the Buyers cost within thirty (30) days of the delivery date:
- The Seller will not be liable for Goods which have not been stored or used in a proper manner:
- The Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonable possible in the circumstances’:
- The Seller may (in its discretion) accept the Goods for credit but this may incur a handling fee of 20% of the value of the returned Goods plus any costs:
PLEASE NOTE: We are under no obligation to refund a purchase if you have changed your mind.
- Subject to the conditions of warranty set out in Clause 6 (Warranty), the Seller warrants that if any defect in any workmanship manufactured by the Seller becomes apparent and is reported to the Seller within three (3) months from the date of delivery (time being of the essence) then the Seller will either (at the Sellers sole discretion) repair, remedy or replace.
- The conditions applicable to the warranty given by Clause 6 (Warranty) are
- The warranty applies on the basis of the Goods being used on the equivalent of a single daily 8 hour shift.
- The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
- failure on the part of the Buyer to properly maintain any Goods or
- failure on the part of the Buyer to follow any instructions or guidelines provided by the Seller or
- any use of any Goods otherwise than for any application specified on a quote or order form or
- the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user: or
- fair wear and tear of the Goods or any part thereof including but not limited to belts, cables, fuses and filters: or
- misuse, neglect, accident, vandalism, damage in transit or any act of God.
- The warranty shall cease and the Seller shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Sellers consent.
- In respect of all claims the Seller shall not be liable to compensate the Buyer for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Buyers claim.
- For Goods not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall be under no liability whatsoever, except for the express conditions as detailed and stipulated in the manufacturers warranty.
- In the case of secondhand Goods, the Buyer acknowledges that he has had full opportunity to inspect the same and that he accepts the same with all faults and that no warranty is given by the Seller as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Seller shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.
7. Intellectual Property “Cammac”
Where the Seller has designed or drawn Goods for the Buyer, then the copyright in those designs and drawings shall remain vested in the Seller, and shall only be used by the Buyer at the Sellers discretion.
8. Limitation of Liability and Indemnity
Save where otherwise expressly provided in the Contract, the Seller shall not be liable for any claim, loss, damage or expense, whether direct or indirect (including consequential loss or damage) arising out of any:
- breach of contract by the Seller
- negligence of the Seller, its employees or agents: or
- act or omission of the Seller in connection with the Goods
- Without limiting the generality of Clause 8, the Seller shall not be liable for any costs of recovery of the Goods from the field, loss of use of the Goods, loss of time, inconvenience, incidental or consequential loss or damage, or for any other loss or damage, whether ordinary or exemplary, caused either directly or indirectly by use of the Goods.
- The Seller shall not be liable for any defect, damage or other malfunction caused to the Goods by misuse, neglect, accident, vandalism, damage in transit, normal wear and tear, alternation, modification or unusual physical, environmental or electrical stress.
- Nothing in the Contract shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including, but not limited to, the Fair Trading Act 1986) and which by law cannot be excluded, restricted or modified.
9. Default & Consequences of Default
- Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
- If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all the Sellers costs and disbursements including on a solicitor and own client basis and in addition all of the Sellers nominees costs of collection.
- The title of the Goods shall not pass to the Buyer:
- The Buyer must store the Goods so that they are clearly identifiable as the property of the Seller.
11. Consumer Guarantees Act 1993
If the Buyer is acquiring Goods for the purpose of a trade or business, the Buyer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by the Seller to the Buyer.
12. Unpaid Sellers Rights to Dispose of Goods
In the event that:
- the Seller retains possession or control of the Goods: and
- payment of the Price is due to the Seller: and
- the Seller has made demand in writing of the Buyer for payment of the Price in terms of this contract: and
- the Seller has not received the Price of the Goods, then, whether the property in the Goods has passed to the Buyer or has remained with the Seller, the Seller may dispose of the Goods and may claim from the Buyer the loss to the Seller on such disposal.
- If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of these terms and conditions.
- In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
- The Seller reserves the right to review these terms and conditions at any time.
- Neither party shall be liable for any default due to any act of God, war, terrorism, strike, unforeseen breakdown of machinery, failure of an original equipment manufacturer to supply the Goods or any part thereof in a timely fashion or at all, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
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