1. Every quotation is to be regarded as an estimate only and (unless otherwise in writing expressly agreed) to be subject to withdrawal, correction or alteration at any time until the relevant order has been received and accepted by the Company.
2. Drawings, explanatory and illustrated literature and any other appended matter submitted for descriptive or explanatory purposes are approximate only and are not to be construed as part of the contract or exact in dimensions details specification or otherwise. The Company reserves the right to change the construction or design, if in its judgment, it is desirable so to do in the interests of the parties to the contract. The quotation only includes such materials and services as are specified herein.
3. The date of delivery or completion of any work or period specified for the currency of any contract is made in good faith but the Company is not responsible for any delay or frustration consequent upon industrial disturbances, strikes, lockouts, accidents, shortages of materials or any other cause beyond its reasonable control.
4. Unless otherwise expressly provided the quotation is assessed upon the basis that any work will be carried out during normal working hours. The purchaser shall provide suitable access to the site, proper foundation ready to receive the machinery upon delivery and all other labour and builder’s work, suitable protection for the machinery from time of delivery and all necessary facilities and adequate assistance.
5. The Purchaser shall be responsible for any additional cost consequent upon a cessation of work or delay in the work as a result of lack of instructions from the purchaser, any alteration. to the work resultant upon instructions from the purchaser, or upon any interruption, delays, overtime or errors for which the Company its servants or agents are not responsible.
6. Should the Purchaser not take delivery of the goods within six weeks from the date of acceptance of the quotation due to any reason which is not the fault of the Company, then the Company may after the expiration of six weeks from the date of acceptance of the quotation increase the price for the goods sold and delivered to the price applying for those goods as at the date of the delivery.
7. When any payment is to be made upon delivery, erection or test and either the delivery, erection or test is delayed at the request of the purchaser or as a consequence of any default act omission or delay by the purchaser; such payment shall be made as though such delivery, erection or test had been completed.
8. Unless otherwise expressly provided the purchaser shall be responsible to obtain such permits, licences, or approvals as may be necessary or required for the performance of the work.
9. The quotation for imported equipment is based upon prices ruling at the date of quotation but in the event of any variation thereto, the purchaser, shall be responsible for the price ruling upon the date of delivery.
10. The purchaser will be responsible to insure in a reasonable and adequate amount all work equipment and material delivered to the site and will include the interest of the Company therein. Any loss or damage occasioned to or in respect of machinery equipment shall be at the risk of the purchaser and the responsibility of the Company in respect thereof shall cease upon delivery on to site.
11. The Company shall keep in force a standard public risk policy in respect of itself, its servants and agents but shall not be under any liability to the purchaser for damage occasioned by its workmen, servants or agents beyond the limits of liability protected by such public risk policy.
12. The Company will not be responsible for any loss or damage that maybe occasioned by its servants, agents or workmen whether as a consequence of fire, theft or otherwise during or as a result of the installation, maintenance supervision or repair of any plant machinery or equipment whether caused by the negligence of it’s servants, agents or workmen or not.
13. The Company guarantees the machinery and equipment against faulty workmanship or materials for a period of three months (labour) and twelve months (parts) from the date of delivery, provided however that it only guarantees that part of equipment not manufactured by it but incorporated in the contract to the extent of the guarantee (if any) afforded to the company by the manufacturers thereof. The Company will not be responsible for any loss or damage occasioned by any breakdown, stoppage or failure of the machinery, plant or equipment from any cause whatever.
14. All warranties and conditions express or implied other than such as are expressed herein are excluded from the agreement or contract. Free service is limited to our normal service area, as from time to time defined. Unless specifically stated it shall not exceed a radius of Eighty (80) kilometers from Newcastle, and shall apply to normal working hours.
15. Any quotation by or contract with the Company shall be subject to these conditions and save and except to the extent that the Company may otherwise in writing approve or agree no condition qualification stipulation or term inconsistent therewith shall apply to such quotation or contract but shall be excluded therefrom.
16. The contract shall, in all respects, be, construed in accordance with the laws of the State of the Commonwealth of Australia in which it is accepted by the Company.
17. Goods delivered to site shall be adequately insured by the purchaser, unless he requires the Company, in writing, to do so. Insurance charges are an extra to any quoted price. The Company shall not be liable for any loss or damage to equipment after delivery to site.