1.1 In these conditions:
(a) ”Seller” means Robinson Group Pty Ltd (ACN 052 924 768) which is the seller of the goods; ”Purchaser” means the Purchaser of the goods specified overleaf; and ”Goods” means the products specified.
(b) Nothing in these conditions 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 the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.
2.1 These conditions (which shall only be waived in writing signed by the Seller) shall prevail overall conditions of the Purchaser’s order to the extent of any inconsistency.
3.1 Unless previously withdrawn, the quotation is open for acceptance within the period stated therein or, when no period is stated, within thirty (30) days only after its date. The Seller reserves the right to refuse any order based on this quotation within seven (7) days after the receipt of the order.
4.1 All goods to be supplied by the Seller shall be as described in the quotation.
4.2 The Purchaser shall inspect the Goods and within two (2) days of delivery of the Goods advise the Seller of any reason that the Purchaser considers that the Goods delivered are not in accordance with the quotation. After seven (7) days from delivery of the Goods, the Purchaser shall be deemed to have accepted that the Goods delivered are as described in the quotation.
5.1 The delivery times made known to the Purchaser are estimates only and the Seller shall not be liable for late delivery or non-delivery and under no circumstances shall the Seller be liable for any loss, damage or delay occasioned to the Purchaser or its customers arising from late or non-delivery of the Goods.
5.2 The Seller may deliver the Goods in instalments and invoice the Purchaser for Goods comprised in each instalment.
5.3 The Seller may refuse to deliver any instalment of the Goods if payment of any invoice is outstanding by more than seven (7) days unless prior arrangement is in place
5.4 The quotation does not include the costs of delivery and transportation of the Goods, which costs of delivery and transportation shall be borne by the Purchaser unless otherwise stated in the quotation.
6.1 The cost of any special packing and packing materials used in relation to the Goods shall be at the Purchaser’s expense notwithstanding that such cost may have been omitted from any quotation.
7.1 The Purchaser waives any claim for shortage of any Goods delivered if a claim in respect thereof has not been lodged with Seller within two (2) days from the date of receipt of goods by the Purchaser.
8.1 Prices quoted are those ruling at the date of issue of the quotation and are based on rates of insurance, customs duties, exchange, shipping expenses, sorting and stacking charges and the cost of the acquisition from manufacturers ruling on the date it is made and any alterations thereto either before acceptance of or before delivery of the Goods shall be to the Purchaser’s account.
8.2 If there is a change of price by reason increases in costs specified in clause 8.1 the Seller shall advise the Purchaser as soon as is reasonably practicable.
9.1 The Seller (Robinson Agencies Pty Ltd) shall invoice the Purchaser for Goods ordered and the Purchaser shall pay a deposit of 40% as acceptance of the quotation with the balance payable prior to the delivery of Goods. For order value under AUD$3000.00 full payment is required at the acceptance of the quotation. If the purchaser is paying by cheque, the payment must be cleared prior to delivery of Goods.
9.3 If any cheque issued by the Purchaser in payment of goods is dishonoured the Seller may refuse any further goods until satisfactory payment is received in full.
10.1 The Seller reserves the following rights in relation to the Goods until all accounts owed by the Purchaser to Robinson Group Pty Ltd are fully paid:
(a) legal ownership of the Goods;
(b) to enter the Purchaser’s premises (or the premises of any associated company or agent where the Goods are located) without liability for trespass or any resulting damage and retake possession of the Goods; and
(c) to keep or resell any goods repossessed pursuant to (b) above;
10.2 If the Goods are resold by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represent the invoice price of the Goods sold in a separate identifiable account as the beneficial property of Seller and shall pay such amount to the Seller upon request. Notwithstanding the provisions above Seller shall be entitled to maintain an action against the Purchaser for the purchase price and the risk of the Goods shall pass to the Purchaser upon delivery.
11.1 The Seller is not responsible for any loss or damage to the Goods in transit. The Seller shall render the Purchaser such assistance as may be necessary to press claims on carriers provided the Purchaser shall have notified the Seller and the carriers in writing immediately loss or damage is discovered on receipt of the Goods and shall lodge a claim on the carrier within three (3) days of the date of receipt of the Goods.
12.1 The Goods are not manufactured by the Seller and the guarantee of the manufacturer thereof shall be accepted by the Purchaser and is the only guarantee given to the Purchaser in respect of the Goods.
12.2 Except as may be required by law, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose are hereby expressly excluded and the Seller shall not be liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply of the Goods or arising out of Seller’s negligence or in any way whatsoever.
12.3 The Seller’s liability for breach of a condition or warranty implied by Division 2 of Pt V of the Trade Practices Act of 1974 (other than s.69) is hereby limited to:
(a) the replacement of the Goods or the supply of equivalent goods;
(b) the repair of the Goods;
(c) the payment of the cost of replacing the Goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the Goods repaired;
12.4 Any items custom manufactured by the seller (Robinson Group) and made to the specification of the buyer. No claims recognized after seven days.
12.5 Unless pre-arranged all items to be returned to Robinson Group at the buyers’ expense for any warranty claims, where the item will be assessed and advised if a claim is deemed genuine or other (abuse or general wear and tear. If deemed other any repairs or replacements will be at the buyer’s expense.
13.1 The contract for the sale of the Goods is made in the state of Western Australia from which this document is issued and the parties agree to submit all disputes arising between them to the courts of Western Australia.
14.1 If the Seller shall incur any legal costs whatsoever associated with or in any way related to the Purchaser’s breach of these Conditions then the Purchaser shall pay the Seller’s legal costs (solicitor and own client costs) upon an indemnity basis on demand by the Seller.