MCNAUGHTANS PTY LTD A.B.N. 49 103 876 437 321 GREENS ROAD, KEYSBOROUGH VICTORIA 3173
1. Exclusion of other Terms and Conditions : The following terms and conditions shall apply to the sale of all products by McNaughtans Pty. Ltd. (“the Company “) to the exclusion of any and all terms and conditions in any documents submitted to the Company by the Customer whether prior to or following the Customer’s receipt of these terms and conditions.
2. Basis of Acceptance of Quotation: All quotations verbal or written are based on information provided by the Customer ( or by third parties on its behalf ). Any extra cost or expense arising from incorrect information shall be paid by the Customer.
The Company will use its best endeavours to meet specified delivery dates but the Company will be under no liability of any kind ( whether breach of contract, negligence or otherwise ) for any delay in delivery from any cause.
3. Prices: Any quotation submitted or any price set out in any price list is based upon cost of labour and materials current at the date of the price list or quotation. The Company may at its discretion, increase any price at any time to reflect changes in the cost of labour and materials and manufacturing overheads.
4. Terms of Payment: Payment prior to or on collection of goods for Cash Only customers. Account Customers, unless the Company in its discretion agrees to accept payment for products on other terms, the Customer shall pay for all products delivered by the Company within 30 days from the last day of the month in which the invoice is dated.
5. Literature and Suitability of Products: Advertising and other literature provided by the Company contains general information only and no such information forms part of any contract between the Company and Customer. The Customer shall be responsible for determining the fitness of the Company’s products for the purpose for which they are intended for the use by the Customer and acknowledges that the Company is not aware of that purpose and that the Customer has not relied on the Company’s advice.
6. Claims: All products sold will be deemed to be of required quality and type unless a claim specifying particulars of deficiencies or incorrect type is received by the Company within 7 days after receipt of products by the Customer.
7. Returns and Cancellations: Orders can only be cancelled or products returned with the prior written agreement of the Company. Returns due to client error will incur a restocking charge of 20% of the invoice price. Products accepted for return must be despatched at the Customer’s cost.
8. Delivery: Cost of delivery from our store to the Customer’s nominated point will be at the Customer’s cost, unless prior arrangement to the contrary. Any delivery made by us in the designated local areas will incur a Delivery Fee in an addition to the cost of goods.
9. Insurance: Products supplied on a F.I.S. basis will be insured by the Company up to the point of receipt at the Customer’s nominated delivery address. Products supplied other than F.I.S basis will be insured by the Customer from the point of despatch by the Company.
10. Title of Goods: Full legal and equitable title in each product supplied will remain vested in the Company until the Company has received payment in full of all amounts owing by the Customer to the Company on an account whatsoever. The Customer shall have the right to sell products in which title remains vested in the Company in the ordinary course of trade. Until title in the products passes to the Customer or the products passes to the Customer or the products have been sold by the customer in the ordinary course of trade, the Customer acknowledges that it is possession of the product solely as a fiduciary bailee for the Company, and in that capacity, will store the products separately from the Customer’s own goods and those of any other person, in a manner which renders the products purely identifiable as the property of the Company.
The Company has a retention of title or consignment Security Interest (within the meaning of the Personal Property Securities Act 2009 (Cth) (“PPSA”) in all goods and its proceeds (as defined by the PPSA) the supplier delivers to the Customer for sale and may have a bailment or lease Security Interest in other property the supplier supplies to the Customer. The Customer consents to the supplier effecting a registration on the PPSA register in relation to any Security Interest contemplated by these terms (including but not limited to an interest to be perfected as “Purchase Money Security Interest”). The Customer agrees to sign all documents and provide all information required to perfect and maintain these Security Interests and the Customer agrees to pay or reimburse the supplier for all costs and expenses in relation to registering, maintaining or releasing any Security Interest. The Customer must not grant any Security Interest in any item in which the supplier holds such a Security Interest.
The following provisions of the PPS Act do not apply: section 95 (notice of removal of accession); subsection 121 (4) (enforcement of liquid assets); section 125 (obligation to dispose of or retain collateral); section 130 (notice of disposal); paragraph 132(3)(d) (contents of statement of account); subsection 132(4) (statement of account if no disposal); section 135(notice of retention); section 142(redemption of collateral); and section 143 (reinstatement of security agreement).
a. (if the Customer is a Corporation) the Customer commences to be wound up, or is placed under official management, or a receiver is appointed in respect of, or any encumbrancer takes possession of, its undertaking or property or any part thereof, of the Customer is unable to pay its debts ; or
b. (if the Customer is a natural person) the Customer becomes insolvent or bankrupt, or commits an act of bankruptcy or makes an assignment for the benefit of a creditor or creditors; or
c. the Customer fails to pay the whole of any part of the purchase price or transport or other charges for any products supplied by the Company when due and payable.
11. Test Certificates: Test Certificates will only be supplied if requested at the time of ordering. A test Certificate issued by the Company in respect of a product will not constitute a warranty by the Company as to the quality, suitability or characteristics of the product or the fitness of that product for any purpose.
12. Dimensions: Lengths and weights are subject to usual commercial tolerances.
13. Suspension: If, at the Customer’s request, the Company suspends work the subject of an order for more than 30 days, the Customer shall pay the Company for the work performed prior to the suspension, and for usual materials procured of the order, within 30 days of receipt of an invoice for such work and for materials from the Company.
14. Liability: The Company warrants that its products will be free of defects caused by the default or neglect of the Company. If any product supplied by the Company is defective. The Company’s liability in respect of such product will be limited to , at the Company’s sole discretion:-
a. the replacement of the product or the supply of an equivalent product;
b. the payment of the cost of replacing the product or obtaining an equivalent product;
c. the repair of the product; or
d. the payment of the cost of repair of the product.
14.1. Except as provided above, the Company will not be liable in any way whatsoever ( whether in contract, negligence or otherwise ) for the injury, loss, damage, claim, action or proceeding suffered or incurred by or made or brought against the Customer and directly or indirectly cause or contributed to by a defective product, the Company’s negligence or any breach of contract.
14.2 Except as provided in this clause no warranty is given in respect of any product and the Customer acknowledges that no warranty has been given by or on behalf of the Company. All statutory warranties negatived to the maximum extent permitted by law.
15. Law: The law of Victoria shall apply to all contacts for the supply of products by the Company to the Customer. To the extent that any applicable law of any State or Commonwealth of Australia which cannot be excluded affects the applicability or validity of any of the foregoing conditions, the conditions shall be read and construed as being subject to law.
16. Warranty: All McNaughtans Pty. Ltd. Products are warranted to be free from defects in material or workmanship for a period of three (3) months from shipment date unless otherwise specified. During this period McNaughtans Pty. Ltd. Will at its option repair or replace without charge any products or part thereof found to be defective in material or workmanship. This warranty does not extend to any product which has been subject to misuse, abus, negligence, accident, alteration or unauthorised repair. Goods supplied by us but manufactured by others will be warranted only to the extent of the manufacturer’s warrant. Defective products must be returned to McNaughtans Pty. Ltd. 321 Greens Road, Keysborough, Victoria, 3173 or the McNaughtans branch where the original sale was made, within the above period.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABLITIY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL MCNAUGHTANS PTY. LTD. BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES OF VEHICLE, CARGO OR PROFITS.