PROPOSAL, 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.
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
3. 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.
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.
5. John Heine manufactured items are guaranteed to be free from defects, in materials and workmanship for 12 months 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. 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 items not manufactured by it does not exceed the warranty accorded to it by its supplier.
6. 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.
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.
8. 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 TITLE
9. 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.
10. Terms of payment are net cash on completion unless arranged otherwise
11. 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
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.
13. 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.
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.
16. Quoted prices are based on a machining allowance of 10mm, and extra is to the Customer’s charge.
17. 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.
18. 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.