Owner's Manual
AC Electric Winch
22
Appendix 1 |
Warranty Terms and Conditions
1.
Definition
1.1
These terms and conditions between HES Winches Australia (referred to herein
as “we” or “us”) and the customer (referred to herein as “the customer”) shall
apply to all orders for “goods” which shall mean materials or parts or
machinery and “services” which shall mean labour time in the repair or
servicing or installation of goods.
1.2
Any contract of sale, order, or quotation made or accepted by or on behalf of
us will be subject to these terms and conditions of sale.
1.3
Any terms or conditions put forward by the customer, whether in a purchase
order, specification or otherwise, will not be binding on us in so far as they
purport to amend, annul or augment any of these terms and conditions unless
specifically agreed to in writing by us.
2.
Prices
2.1
Prices are for goods ex-store and are subject to alteration without notice. All
orders are accepted on the understanding that prices are those ruling at date
of despatch unless otherwise agreed in writing by us.
2.2
Prices quoted do not include any amount which is payable by us on account
of GST as a consequence of any supply made or deemed to be made under
or in connection with this agreement ("GST Amount"). The GST Amount must be
calculated by multiplying our quoted prices by the prevailing rate of GST and
the customer must pay us the GST Amount applicable at the same time and in
the same manner as making payment of any consideration on which the GST
Amount is calculated.
3.
Title
3.1
We, whilst parting with possession of the goods, shall retain title to (but not risk
in) the goods, and title shall only pass to the customer when full payment in
cleared funds is received by us. Until this happens:
(a) the relationship between us and the customer is a fiduciary one;
(b) the customer holds the goods as bailee for us and we hereby authorise the
customer to sell the goods in the normal course of business; and
(c)the customer shall not assign its right, title or interest in any book debts
arising in its favour in respect of its sale of goods.
3.2
The customer must pay the proceeds of sale into a separate account pending
payment to us. Until payment is received by us in full the customer must store
the goods separately pending sale and must keep separate records of sales of
goods owned by us.
3.3
If payment is overdue, we may recover our goods and enter the customer's
premises without notice for that purpose. The right to enter is without prejudice
to any of our other rights deriving from these terms and conditions. Payment
will become due immediately upon the commencement of any act or
proceeding in which the customer's solvency is involved.
3.4
In the event that the customer uses the goods in some manufacturing or
construction process of its own or of a third party, the customer shall hold such
part of the proceeds of the manufacturing or construction process as relates
to the goods in trust for us. Such part of the proceeds is deemed to equal in
dollar terms the amount owing by the customer to us at the time of the receipt
of the proceeds.
