Terms and Conditions of Sale
These Terms and Conditions (Terms), as amended or replaced from time to time, apply to any goods or services supplied or to be supplied to the Customer, or any third person on the Customer’s behalf. Any reference to the Customer also includes its respective successors or permitted assigns. The singular includes the plural and the converse. If the Customer constitutes more than one person or entity, the Terms bind each of them jointly and severally.
To the maximum extent permitted by law, the Company will not be liable for indirect, consequential, special, punitive or exemplary damages including but not limited to loss of profits, loss of business, loss by reason of delay, costs of removal or storage of defective Products or plant or materials or liquidated damages, whether arising in n negligence, from breach of contract or otherwise, in connection with this Contract or the Products. To the maximum extent permitted by law, the Company limits its liability for breach of this Contract in relation to any particular supply of Products, to the Invoice value of the particular Products. To the maximum extent permitted under the Australian Consumer Law, the Company’s liability for breach of a Consumer Guarantee, if the Consumer Guarantees apply at law, is limited to any one or more of the following, at the Company’s election:
a)the replacement of the Products or the supply of equivalent Products; b)the repair of the Products; c)the payment of the cost of replacing the Products or of acquiring equivalent Products; or d)the payment of the cost of having the Products repaired.
The Company’s liability under this Contract is reduced to the extent that the Customer contributed to any Loss or Claim.
This clause 16 continues to bind the parties after this Contract is terminated or after delivery of the Products.
Goods mean any goods Firequip Pty Ltd supplied to the Customer whether on consignment or otherwise under these Terms. They include goods described on any invoice, quotation, work authorisation or any other forms Firequip Pty Ltd provides the Customer or any order the Customer gives Firequip Pty Ltd.
GST means any goods and services or similar tax, together with any related interest, penalties, fines or other charge.
Tax Invoice, Taxable Supply and Value have the meaning given to them by the GST Law.
GST LAW means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Guarantor means that person, or entity, who agrees to be liable for the Customer’s debts whether on a principle debtor basis or who is otherwise a surety of the Customer.
a)An administrator is appointed to the Customer or any Guarantor.
b)Except for the purpose of a solvent reconstruction or amalgamation previously approved by Firequip Pty Ltd.
c)An application or an order is made, proceedings are commenced, a resolution is passed or proposed in a notice of meeting, an application to a court or other steps are taken for.
d)The Customers winding up, dissolution or administration or of any Guarantor; or
e)The Customer or any Guarantor entering into an arrangement, compromise or composition with or assignment for the benefit of creditors or a class of them; orThe Customer ceases, suspends or threatens to cease or suspend the conduct of all or a material part of its business or dispose of or threaten to dispose of a material part its assets
f)The Customer or any Guarantor is, or under legislation is presumed or taken to be, insolvent or cease to carry on our business.
g)A receiver, receiver and manager, administrative receiver or similar officer is appointed in respect of the Customer or any Guarantor.
h)Any distress, attachment, execution or other legal process is levied, enforced or sued out on or against all or any material part of the Customers assets or of any Guarantor and is not discharged or stayed within 14 business days. i)A security interest becomes enforceable or is enforced.
PPSA means the Personal Property Securities Act 2009 (Cth).