10
Terms & Conditions
Interpretation
1. In terms and conditions:
(1) “Goldacres” means Goldacres Trading Pty. Ltd. A.C.N. 061 306 732 trading as Goldacres
Agricultural Equipment (its successors and assigns) which is the seller of the Goods;
(2) “Purchaser” means the purchaser of the Goods;
(3) “Goods” means the products and, if any, the services sold or provided by Goldacres to
the Purchaser;
(4) “GST Act” and “GST” are given the meanings referred to in a New Tax System (Goods
and Services Tax) Act 1999.
(5) “PPSA” means the Personal Property Securities Act 2009 (Clth) (as amended);
(6) Nothing in these terms and 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 Competition and
Consumer Act 2010) and which by law cannot be excluded, restricted or modified.
General
2. (1) The Goods and all other products or services provided by Goldacres are provided
subject to these terms and conditions. These terms and conditions and any terms and
conditions incorporated herein by virtue of clause 3 hereto shall prevail over all other
terms and conditions of the Purchaser or otherwise to the extent of any inconsistency.
(2) These terms and conditions may not be modified or amended without the expressed
written consent of Goldacres endorsed by the Managing Director of Goldacres Trading
P/L.
Additional Terms and Conditions
3. From time to time Goldacres may provide additional or extended warranties in respect
of certain goods and/or services. Where such additional or extended warranties are
provided to a Purchaser in writing they will be incorporated into these terms and
conditions provided that in the event of any inconsistency between these terms and
conditions and the terms of any additional or extended warranty, the provisions of the
additional or extended warranty shall prevail.
Goldacres quotations.
4. Unless previously withdrawn, Goldacres quotations are open for acceptance within the
period stated therein or, when no period is stated, with 14 days only of the quotation
date. Goldacres reserves the right to refuse any order based on any quotation within 7
days of receipt of the order.
Packing
5. 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.
Shortage
6. The Purchaser waives any claim for shortage of any Goods delivered if a claim in
respect thereof has not been lodged with Goldacres within (7) seven days from the date
of receipt of the Goods by the Purchaser.
Specifications, etc: Catalogues, etc: Quantities
7. All specifications, (including but not limited to: drawings, particulars of weights,
volumes, capacities, dimensions, load factors) are approximate only and any deviation
shall not be taken to vitiate any contract with Goldacres or form any claim against
Goldacres. The descriptions, illustrations, and performances contained in catalogues,
price lists and other advertising matter do not form part of the contract of sale of
the Goods. Where specifications, drawings or other particulars are supplied by the
Purchaser, Goldacres’ price is made on estimates of quantities required. Should there
be any adjustments in quantities above or below the quantities estimated by Goldacres
and set out in a quotation, then any such increase or decrease shall be adjusted on a
unit rate basis according to unit prices set out in the quotation.
Performance, Capacities, Chemicals, Liquids, Application Methods, Environmental Effects
8. Any performance, volumes, and/or capacity figures given by Goldacres are estimates
only. Goldacres shall be under no liability for damages for failure to obtain such figures
unless specifically guaranteed in writing and any such written guarantee shall be subject
to the recognised tolerances applicable to such figures. The suitability of chemicals and
other liquids for any application and the application methods and the environmental
effects shall be the sole decision and responsibility of the Purchaser and the user of
the Goods. Goldacres gives no warranty as to the suitability of any chemicals or other
liquids for any application, nor the application methods nor the environmental effects,
which may result from the use of the Goods. Goldacres shall be under no liability for
damages arising out of the use of any chemicals, liquids, or mixtures in the Goods nor
for any application, nor for the application methods nor for the environmental effects,
which may result from the use of the Goods.
Delivery/Service Times
9. The delivery times and service times made known to the Purchaser are estimates only
and Goldacres shall not be liable for late delivery, non-delivery or delay and under no
circumstances shall Goldacres be liable for any loss, damage or delay occasioned by
the Purchaser or its customers arising from the late or non-delivery or late installation of
the Goods.
Loss or damage in transit
10. Goldacres is not responsible for any loss or damage to Goods in transit. Goldacres shall
render the Purchaser such assistance as may be necessary to press claims on carriers
provided that the Purchaser shall have notified Goldacres and the carriers immediately
the loss or damage is discovered on receipt of Goods and shall lodge a claim on the
carrier within three days of the date of receipt of the Goods. Insurance of Goods in
transit is the responsibility of the Purchaser.
Limit of Liability
11. (1) Goldacres liability for Goods manufactured by it is limited to:
(a) where the law implies consumer guarantees into these terms and conditions pursuant
to Part 3.2 Division 1 of Schedule 2 to the Competition and Consumer Act 2010
(C’th”) (“consumer guarantees”) which cannot be excluded and Goldacres breaches
a consumer guarantee, the loss and damage the Purchaser is entitled to at law which
cannot be excluded by these terms and conditions;
and, in all other cases
(b) making good any defects by repairing the same or at Goldacres option by replacement
within a period not exceeding either 1000 hours or twelve calendar months, whichever
comes first, after the Goods have been dispatched provided that:
(i) the defects have arisen solely from faulty materials or workmanship;
(ii) the Goods have not received maltreatment inattention or interference;
(iii) accessories of any kind used by the Purchaser are manufactured or approved by
Goldacres;
(iv) where applicable, the seals on the Goods remain unbroken;
(v) there has been no improper adjustment, calibration or operation;
(vi) the use of accessories including consumables, hardware or software (not manufactured
by Goldacres) has been approved in writing by Goldacres;
(vii) no contamination or leakage has been caused or induced;
(viii) any modification to the Goods have been authorised in writing by Goldacres;
(ix) there has been no inadequate or incorrect use, storage, handling or application of the
Goods;
(x) there has been no use or operation of the Goods outside of the physical, electrical or
environmental specifications of the Goods;
(xi) there has been no inadequate or incorrect site preparations;
(xii) there has been no inadequate or improper maintenance of the Goods;
(xiii) it has not been caused by fair wear and tear; and
(xiv) firstly the Goods have been thoroughly inspected and any damage (from whatever
cause) to the Goods (and in particular – the structure, welding, seams, bolts, booms) has
been repaired prior to the Goods being operated, used driven or moved and on each
occasion the tanks are filled; and
(xv) there has been no failure to comply with the requirements of all present or future laws or
regulations relating to the Goods and/or the use and/or the operation of the Goods; and
(xvi) there has been no failure to maintain a record of hours of operation (which record shall
contain full details of all inspections, repairs and maintenance) and produce same to
Goldacres at the time of the claim;
(xvii) the defective Goods or any damaged part of the Goods are promptly returned free of
cost to Goldacres or a representative of Goldacres;
(xviii) all warranty related repairs have been carried out with the prior authorisation of
Goldacres;
(2) If Goods or any part thereof are not manufactured by Goldacres, in particular engines,
engine accessories, transmissions, transfer cases, differentials, tyres, tubes, batteries,
radios and UHFs, 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
or that part provided always that this clause does not seek to exclude the consumer
guarantees;
(3) In the case of hydraulic systems, Goldacres shall replace defective parts in accordance
with clause 11(1) of these conditions, provided that the failure of the part was not related
to contamination within the system, Goldacres shall not be liable for labour in the case
of repairing hydraulic system defects;
(4) Goldacres will not accept liability for damage attributed to fair wear and tear including
but not limited to fair wear and tear to nozzles, chains, belts, filters, brake pads,
polyethylene bushes and liquid pump valves, valve O-rings, diaphragms and seals;
(5) Goldacres shall not be liable for and the Purchaser releases Goldacres from any claims
in respect of faulty or defective design of any Goods supplied unless such a design
has been wholly prepared by Goldacres and the responsibility for any claim has been
specifically accepted by Goldacres in writing and in any event Goldacres liability
hereunder shall be strictly limited to the replacement of defective parts in accordance
with paragraph 11(1) of these conditions provided always that this clause does not seek
to exclude the consumer guarantees;
(6) Except as provided herein, all express and implied warranties, guarantees and
conditions under statute or general law as to the merchantability, description, quality,
suitability or fitness of the Goods for any purpose or as to design, assembly, installation,
materials or workmanship or otherwise are hereby expressly excluded and Goldacres
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, layout, assembly, installation or
operation of the Goods or arising out of Goldacres negligence or in any other way
whatsoever;
(7) The benefit of any warranty provided under these terms and conditions shall only be
available to the Purchaser and shall not be transferable by the Purchaser;
(8) The warranties provided under these terms and conditions do not extend to second
hand or used Goods that may be sold by Goldacres.
12. Goldacres liability for breach of a consumer guarantee is hereby limited (in the case of
goods and services not used for personal, domestic or household purposes) to:
(1) in the case of Goods, any one or more of the following:
(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 acquiring the equivalent Goods;
(d) the payment of having the Goods repaired; or
(2) in the case of services;
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.
Prices
13. (1) Unless otherwise stated in writing by Goldacres, all prices quoted by Goldacres are
inclusive of GST for supplies within Australia and exclusive of GST for exports outside
of Australia. Prices quoted are those ruling at the time of quotation or the date the price
is given and are based on rates of freight, insurance, customs, duties, taxes, exchange,
shipping expenses, sorting and stacking charges, cartage, cost of materials and
other charges affecting the cost of production ruling on that date and any alterations
thereto either before acceptance of or during currency of the contract shall be to the
Purchaser’s account.
(2) For the purpose of 38-185 of the GST Act, the day upon which the seller gives the
