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GENERAL CONDITIONS OF SALEPROPOSAL,
NOT OFFER
1.
The prices quoted and other particulars contained herein are not an
offer, but constitute an invitation to place an order, which is subject to John
Heine’s written acceptance at the time the order is placed, and these
conditions of sale will override any conditions contained in the Customer’s
order. PRICES
2. Quotations are based on the cost as at the date of quotation of the following items namely materials, wages, the content of industrial awards and other prevailing labour conditions, exchange rates, other overheads and transport. Quoted prices are only firm for a period of 30 days after date of quotation and provided they are not revoked in writing during that period. If before acceptance by John Heine of the order and/or during manufacture and prior to completion of the work rises occur in the cost of any such items, the quoted price to be paid may be increased to allow for such rises. John Heine’s calculations of such increase in price shall be conclusive, and the price to be paid will be that so calculated at the date of completion. All stock items of new and used machinery, and specials are subject to prior sale. DELIVERY3.
Time for delivery is an estimate only and based upon
commitments at the time of quotation.
Every effort will be made to maintain this estimate, but it is not
guaranteed and John Heine accepts no liability for failure or delay in delivery.
This said estimated delivery date is to be calculated from the date of
receipt of firm order and if applicable finalisation of all technical matters
and financial arrangements, and is subject to extensions to cover any delay due
to causes and conditions beyond John Heine’s control. SHIPMENT
4.
Unless otherwise specified, prices exclude packing and delivery. Any
packing required is payable by the Customer as an extra at cost.
Where a delivery is arranged, John Heine’s insurance liability ceases
prior to the goods being loaded onto
a truck at its premises. WARRANTY
5.
John Heine new machines, spare parts and die sets are guaranteed to be
free from defects, in materials and workmanship for 12 months of single shift
operation from the date of delivery. Parts
deemed by John Heine to be materially defective will be repaired or replaced
free of charge at its works, or its agent's premises, provided the machines are
used and maintained to its working instructions. John Heine will in no
circumstances be liable for any consequential or indirect loss or damage of a
Customer howsoever arising. To the extent permissible by law, all warranties
whether statutory or otherwise, other than expressly included herein, are hereby
excluded. John Heine’s liability for equipment not manufactured by it does not
exceed the warranty accorded to it by its supplier. Used machines are sold
without warranty unless otherwise stipulated. CANCELLATION6.
After acceptance, an order cannot be cancelled except with written
consent. John Heine reserves the
right to cancel an order in the event of circumstances beyond its control
inhibiting its ability to complete an order and in such an event it shall not be
liable for any loss or damages arising from such cancellation. TAXES
7.
Goods and Services Tax will be shown separately in the tax invoice and is
payable by the customer. Any cost incurred by John Heine as a result of
additional taxes or duties or changes in legislation subsequent to acceptance of
order are payable by the Customer
in addition to the quoted price. INTELLECTUAL PROPERTY8. Drawings, specifications, patterns and tooling supplied by the Customer are accepted by John Heine on the basis that the Customer indemnifies John Heine against all damages, penalties, costs and expenses whatsoever arising from any infringement of any other party’s intellectual property rights arising from John Heine’s use of the items supplied.. RETENTION OF TITLE9
Title in the goods supplied to the Customer
will not pass to the Customer until such time as all amounts due and
owing by the Customer on account of the goods or on any other account have been
paid in full. The Customer grants to John Heine, its agents and servants, leave
and licence without the necessity of giving of notice, to enter at any time on
and into any premises occupied by the Customer to inspect, search for and remove
any of the goods in which property has not passed to the Customer if any of the
debt owing from the Customer is not paid by the due date. PAYMENT
10.
Terms of payment are net cash on completion unless arranged otherwise JURISDICTION11.
The construction validity and performance of any contract arising with a
Customer shall be governed by the laws in force in the State of New South Wales
and the Commonwealth of Australia. ADDITIONAL
CONDITIONS OF SALE - CASTING AND MACHINING
PATTERNS
12.
Patterns delivered to John Heine will be assumed to be correct and no
responsibility is taken for any loss arising from patterns being incorrect.
For an additional charge John Heine is prepared to verify patterns to
drawings. All care will be taken
with patterns but responsibility cannot be accepted for
wear and damage and they are held and stored entirely at the Customer's
risk. TRIALS13.
Trials from new patterns will be submitted for approval before high
volume production casting commences. A
trial approval sheet must be signed and returned by the Customer before
production casting will proceed. Upon
acceptance John Heine does not accept liability for any loss whatsoever arising
from inadequacy. LIMITATION
OF LIABILITY
14.
John Heine will only be liable to the extent of the contract price for
work undertaken by it and will not be liable for any loss of the original
product delivered to it or for any consequential loss and damage in respect
thereof on any other claim or matter whatsoever arising out of any quotation
sale, tender or contract. TESTING
15. Unless otherwise noted no provision has been made in the quoted price to cover supply of NDT, physical or chemical tests. If required, these would be the subject of an additional charge. MACHINING ALLOWANCE16.
Quoted prices are based on a machining allowance of 10mm, and extra is to
the Customer’s charge. CASTING QUALITY17. Unless otherwise specified in this quotation, castings will be manufactured to Australian Standard AS4738.1-2004, and are warranted to conform to this for a period of 12 months from delivery to our customer. This standard provides for the Customer to supply certain information to enable compliance with the standard. It is recommended that the Customer consult the standard prior to placing an order and discuss any specific requirements. Dimensional tolerances on castings will be deemed acceptable if they comply with the relevant level as indicated in Appendix C of the standard. COMMERCIAL QUALITY18.
Metal castings, by their very nature, are imperfect. The Customer has to
take into account in his stress analysis that there will probably be
imperfections in any casting, and compensate for this in his factor of safety.
If strength of a casting is crucial to the end use, then the Customer has to
give consideration to his specification of metal and allowable imperfections,
and to the testing requirement. Otherwise, a casting would be made to normal
commercial acceptance. ADDITIONAL
CONDITIONS OF SALE – SERVICE AND SPARE PARTS
PRICE19. Service and repair work will be provided to the Customer on a budget price or hourly rate basis as determined from time to time. Work undertaken outside normal working hours may be subject to loading over and above this rate. WARRANTY20.
John Heine warrants that service and repair work will be carried out in a good
and workmanlike manner. Our liability for carrying out service, repair and
inspection work is limited to the cost paid by the Customer in doing such work
or the re-doing of the work again, at our option. John Heine will not be liable
for any consequential or indirect loss or damage incurred by the Customer however so
arising. Spare parts for John Heine designed machines are guaranteed to be free
from defects in materials and workmanship for 12 months of single shift
operation from the date of delivery. Labour performed on service work is
warranted for a period of 3 months of single shift use. VISUAL REPORTS21.
Visual reports as to the condition of a machine are intended as an indication
only. No guarantee can be given as to the internal state of a machine without it
being fully stripped and the components individually tested. SCOPE OF WORK22. Service technicians are only responsible for the work requested and agreed upon, or quoted, by John Heine. The Customer acknowledges that the carrying out of a service excludes a full inspection of the relevant equipment and unless specifically requested or specified in the course of the service, we will only inspect the machine to the extent specified in the service report. The thoroughness of the service will depend on the technical feasibility of dismantling the machine in question and the Customer’s preparedness to incur the cost involved. Service technicians are not responsible for bringing items and faults to the Customer’s notice, although they may do this as a matter of courtesy if it is apparent to them. John Heine in no way purports to warrant that a machine necessarily complies with occupational health and safety regulations and it is the Customer’s responsibility to ensure such compliance. TRAVEL23.
Prices quoted or invoiced include travel to and from the Customer’s
premises unless otherwise specified.
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