It is expressly acknowledged and agreed that these terms operate to the exclusion of all and
any terms and conditions issued by the Buyer whether before or after the date these
conditions of sale come into effect.
The Company will use its best endeavours to fulfill accepted orders and comply with any
requested or estimated date for delivery but time will not be of the essence in this regard and
if the Company’s ability to fulfill an accepted order is affected by circumstances or events
beyond its control the Company may:
• extend the date for delivery;
• with the Buyer’s approval, alter the specifications for the goods to allow the
substitution of equivalent goods; or
• cancel the order without liability for breach.
The Company’s policy is one of constant improvement and therefore changes of
specifications and performance data may be made by the Company without notice and
without incurring liability to the Buyer
Prices shown in the Company’s price list are inclusive of GST.
Any claim by the Buyer for incorrect orders, shortages, and the like will only be considered
by the Company if made in writing and forwarded within 14 days of the date of the invoice to
the Company’s claims department.
DEFINITIONS AND INTERPRETATION
In these Conditions of Sale the following terms have the following meanings unless the
context requires otherwise:
• ‘Buyer’ means a person from whom the Company accepts an order for goods.
• ‘Contract’ means the agreement constituted by the Company’s acceptance of the
Buyer’s order and includes these Conditions of Sale.
• ‘Delivery’ means delivery of any goods to the Buyer or to a carrier arranged by the
Buyer or the Company at the Buyer’s request.
• ‘Tax’ means any tax, levy, charge or duty imposed by any governmental entity or
authority (including, without limitation, GST and customs duty) on or in relation to
goods sold to the Buyer (excluding taxes on the company’s income and capital gains).
‘Company’ is that entity, the name of which appears on the face of the relevant invoice.
These terms and conditions shall be governed by the laws of the State of Queensland
notwithstanding the place in which the goods or any of them are to be delivered. The
Customer submits to the exclusive Jurisdiction of the Courts of the State of Queensland.