“Carriage” means the transport of the Products.
“Contract Price” is the agreed price for the supply of the products.
“the Company” means Hansteel Industries Australia Pty Ltd ABN 63 153 0157 259.
“the Customer” means any entity engaging the Company to supply Products.
“the Products” means the products identified in the application.
“this Contract” is for the supply of the Products pursuant to these Terms and Conditions.
2. THE CUSTOMER MUST:
a. Make payment of deposit and/or payments of the Contract Price on the agreed terms.
b. Pay interest at 2% per annum above the rate fixed by the Penalty Interest Rates Act of 1983 on all overdue payments until date of payment.
c. Pay the Contract Price in the agreed currency detailed in the relevant contract , free of exchange and without deduction of any kind.
d. Accept this Contract at the same time it engages the Company.
e. Be responsible for all additional costs and authorizing such costs and expenses.
f. Pay for any duty, tax (including GST), impost or outlays of whatsoever nature levied in connect ion with the Products.
g. Be solely responsible for and indemnify the Company against:
(i) any loss or damage to the Products.
(ii) All claims whatsoever for injury to person or property caused by or in connection with the Products (other than through the Company acting negligently.)
h. Accept all risk and responsibility for the Products being sufficient and suitable for its purpose.
i. Insure the Products against loss, theft or damage.
j. Accept that delivery dates are given in good faith by the Company having regard to known conditions at time of quoting and that the Company is not liable for damage or penalties arising from delays in Carriage.
k. Limit the liability of the Company, whatsoever and howsoever arising and unless otherwise expressly excluded under these conditions, to a sum equivalent to the costs of replacing the Products under any delivery out of which the claim or liability arises.
3. THE CUSTOMER MUST NOT:
a. Withhold payment of any amount due to the Company on account of any claim against the Company whether admitted or disputed.
b. Deny a signature of any employee, agent or carrier utilised or employed by the Customer.
c. Claim for faulty Products unless in writing and made within seven days of the date of receipt of the Products.
4. THE COMPANY MUST:
a. Be at liberty to determine the route which Carriage is to be effected notwithstanding that the route taken is not the most direct or usual route taken.
b. Be paid all brokerages, commissions, allowances and other remunerations.
c. Provide the Products.
5. THE COMPANY MUST NOT:
a. Be precluded from raising a debit in respect of any fee or disbursement lawfully due to it, whether or not any notice was given that further debits were to follow.
b. Be liable for loss of or damage to Products unless such loss or damage occurs whilst the Products are in the actual custody of the Company and under its actual control and unless such loss or damage is due to the willful neglect or default of the Company or its own servants.
c. Be liable for damage arising from loss of market or attributable to delay in forwarding or in transit or failure to carry out the instructions given to it.
d. Be under any obligation to effect a separate insurance on each consignment but may declare it on any open or general policy should the insurers dispute their liability for any reason the insured shall have recourse against the insurers only and the Company shall not be under any responsibility or liability in relation thereto, notwithstanding that the premium upon the policy may not be at the same rate at that charged by the company or paid to the Company by its Customer.
e. Be under any obligation to make any declaration to, any road or rail transport authority in any state of the Commonwealth of Australia in respect of any Products failing within the definition and jurisdiction of that boy unless written instructions are given to the Company.
f. Have a liability of any nature whatsoever to effect a recovery of amounts wrongfully paid or levied.
g. Be liable for any loss arising directly or indirectly from advice given.
6. THE COMPANY MAY:
a. Add to the Contract Price any amount which may be required to be remitted to any appropriate authority to properly perform the Contract.
b. Offset all or part of any Contract Price against any moneys owed by the Customer to the Company or to pay for any of the Company’s equipment which was lost, damaged, stolen or destroyed during the course of the Contract.
c. Claim and recover from the Customer all losses, costs and expenses incurred by the Company in consequence, directly or indirectly, of any breach of the Contract on the part of the Customer including the legal costs, as between Solicitor and own client.
d. Pending forwarding and deliver, warehouse Products at any place at the sole discretion of the Company at the Customer’s risk and expense.
7. THE PARTIES AGREE THAT:
a. This Contract is to be governed by the laws of the State of Western Australia.
b. These conditions apply to all Products supplied by the Company to the Customer unless expressly varied in writing by the company.
c. Ownership of all Products remains the sole and absolute property of the Company as legal and equitable owner and do not pass to the Customer until the purchase price of those Products has been paid to the Company in full. Should the Customer make a new object from the products whether finished or not, or the other Products become part of other Products then the ownership of the new object or other Products shall immediately pass to the Company. Until the Products supplier hereunder and any other Products supplied by the Company to the Customer are paid in full the Customer acknowledges that it is in possession of the Products solely as bailee for the Company, and the Customer must store the Products separately from its own Products of those of any other person, in a manner which renders them clearly identifiable as the Products of the Company. The Customer must on request provide details of all parties to whom Products have been deliver.
d. The Company is not liable for any consequential damages or loss whatsoever nature in any circumstances.
e. The Company is not liable for any loss suffered by the Customer subsequent to Carriage.
f. The Contract constitutes the only agreement between the Company and the Customer.
g. The Customer has not been induced to enter into this agreement by any representations whatsoever made by or on behalf of the Company.
h. No variation, alteration or addition to the Contract shall be of any force or effect unless in writing and signed by duly
authorised representative of the Company and the Customer.
i. The Company is not common carrier. Whenever the Company is instructed to undertake or arrange transport, storage or any other service, it shall be authorised to entrust the Products or arrangements to third parties subject to the latter’s Contractual conditions. The Customer shall be bound by such conditions and shall indemnify the Company against any claims arising out of their acceptance.
j. References to this document include its recitals and any schedule or annexure.
k. It is the intention of the parties that this document shall take effect as a Contract.
l. If a party makes a taxable supply in connections with this Contract for a consideration, then the party liable to pay for the taxable supply must also pay, at the same time and in the same manner as the value is otherwise payable, the amount of any GST payable in respect of the taxable supply.
m. Risk of loss, damage or deterioration to the Products shall pass to the Customer upon dispatch from the Company’s premises to a carrier commissioned by the Customer or the Customer’s servant and/or agent.