Metromatics Pty Ltd – Terms and Conditions of Trade
1.1 “Seller” shall mean Metromatics Pty Ltd and its successors and assigns.
1.2 “Customer” shall mean the Customer or any person acting on behalf of and with the authority of the Customer.
1.3 “Guarantor” means that person (or persons). or entity who agrees herein to be liable for
the debts of me Customer if a Limited Warranty Customer on a principal debtor basis.
1.4 “Goods” shall mean Goods supplied by me Seller to the Customer (and where the context so permits shall include any supply of Goods & Services as hereinafter defined).
1.5 “Services” shall mean all services supplied by the Setter to the Customer and includes any advice or recommendations (and where the oontext so permits shall include any supply of Services as defined supra).
1.6 “Price” shall mean the cost of the Goods & Services as agreed between the Setter and the Customer subject to clause 4 of this contract.
1.7 “PPSA” means the Personal Properties Securities Act 2009.
2.1 Any instructions received by the Setter from the Customer for the supply of Services and/or the Customer’s acceptance of Goods & Services supplied by the Seller shall constitute acceptance of the terms and conditions contained herein
2.2 Where more man one Customer has entered into this agreement the Customers shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Seller.
2.4 None of the Seller’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing nor ts the Seller bound by any such unauthorised statements.
3. Goods & Services
3.1 The Goods & Services shall be as described on the invoices, quotation. work authorisation, sales order or any other work commencement forms as provided by the Seller to me Customer.
4. Price And Payment
4.1 At the Seller’s sole discretion;
(a) The Price shall be as indicated on invoices provided by the Seller to the Customer in respect of Goods & Services supplied, or
(b) The Price shall be the Seller’s current price at the date of delivery of the Goods according to the Seller’s current Price list or
(c) The Price of the Goods shall. subject to clause 4.2. be the Seller’s quoted Price which shall be binding upon the Seller provided that the Customer shall accept in writing the Seller’s quotation within thirty(30) days.
4.2 The Seller may by giving notice to the Customer at any time up to seven (7) days before delivery increase the Price of the Goods to reflect any increase in the cost to the Seller beyond the reasonable control of the Seller. (including; without l;imitation. foreign exchange fluctuations, taxes and duties, provisions of any Acts. By-Law. Order or Regulation of any parliament municipality or local authority enacted after the date of contract between me Customer and Seller and the cost of labour, materials and other manufacturing costs).
4.3 At the Seller’s sole discretion a deposit may be required. The deposit amount or percentage of the Price can be stipulated at any time of the order of the Goods and shall become immediately due and payable.
4.4 Time for payment for the Goods shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated then payment shall be on delivery of the Goods.
4.5 The Seller may withhold delivery of me Goods until the Customer has paid for them, in which event payment shall be made before the delivery date.
4.6 At the Seller’s sole discretion, payment for approved Customers shall be made by installments in accordance with the Seller’s delivery payment schedule.
4.7 At the Setters sole discretion, for certain approved Customers payment will be due fourteen(14) days following the date of the invoice.
4.8 At the Seller’s Sole discretion ail prices quoted will be from the Seller’s Head Office in Brisbane.
4.9 Payment wil be made by cheque, or by bank cheque, or by credit card (plus any charges that maybe applicable), or by direct credit, or by any other method as agreed to between the Customer and the Seller.
4.10 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Seller.
5. Delivery Of Goods
5.1 The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery, or delivery of the Goods shall be made to the Customer at the Seller’s address.
5.2 Delivery of the Goods to a carrier, either named by the Customer or failing such naming to a carrier at the discretion of the Seller for the purpose of transmission to the Customer, is deemed to be a delivery of the Goods to the Customer.
5.3 The costs of carriage and any insurance which the Customer reasonably directs the Seller to incur shall be reimbursed by the Customer (without any set-off or other withholding whatever) and shall be due on the date for payment of the Price. The earner shall be deemed to be the Customer’s agent.
5.4 Where there is no agreement that the Seller shall send the Goods to the Customer, delivery to a carrier at limited carriers risk at the expense of the Customer is deemed to be delivery to the Customer.
5.5 The Setter may deliver the Goods by separate installments (in accordance with the agreed delivery schedule). Each separate installment shall be invoiced and paid for in accordance with the provisions in this contract of sale.
5.6 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement
5.7 The Seller accepts no responsibility or liability for Goods lost or dam aged in transit.
5.8 The Customer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that
(a) such discrepancy in quantity shall not exceed 5%. and
(b) the Price shall be adjusted pro rata to the discrepancy.
5.9 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
5.10 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods & Services (or any of them) promptly or at all.
6.1 If the Seller retains property in the Goods nonetheless all risk tor the Goods passes to the Customer on delivery.
6.2 If any of the Goods are damaged or destroyed prior to property in them passing to the Customer, the Seller is entitled, without prejudice to any of its other rights or remedies under these terms and conditions (including the right to receive payment of the balance of the Price for the Goods), to receive all insurance proceeds payable in respect of the Goods. This applies whether or not the Price has become payable under these terms and conditions. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.
7. Customer’s Disclaimer
7.1 The Customer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him by any servant or agent of the Seller and the Customer acknowledges that he buys the Goods & Services relying solely upon his own skill and judgement and that the Seller shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Manufacturer which warranty shall be personal to the Customer and shall not be transferable to any subsequent Customer.
8.1 The Customer shall inspect the Goods on delivery and shall within seven (7) days of installation notify the Seller in writing of any alleged defect, shortage in quantity. damage or failure to comply with the description or quote. The Customer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery. If the Customer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
8.2 For defective Goods which the Seller has agreed in writing that the Customer is entitled to reject the Seller’s liability is limited to either (at the Seller’s discretion) replacing me Goods or repairing the Goods provided that
(a) the Customer has complied with the provisions of clause 8.1;
(b) the Goods are returned at the Customer’s cost within seven (7)days of the delivery date;
(c) the Seller will not be liable for Goods which have not been stored or used in a proper manner;
(d) the Goods are returned on the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonable possible in the circumstances.
8.3 The Seller may (in its discretion) accept the Goods for credit but this may incur a handling fee of 15% of the value of the returned Goods plus any freight
8.4 Chart paper, inks. printing ribbons and foil cannot be accepted for refund.
9.1 Subject to the conditions of warranty set out in Clause 9.2 the Seller warrants that if any defect in any workmanship manufactured by the Seller becomes apparent and is reported to the Seller within One (1) year limited parts and labour warranty on all equipment and parts with the following exceptions:
(a) Thermal part heads for a period of 90 days or 25.000 linear metres of poring from the date of original purchase (whichever comes first) contingent on the use of the Seller’s supplied thermal transfer nbbon; and
(b) Recording chart paper, printing ribbons and foil
of the date of delivery (time being of the essence) then the Seller will (at the Seller’s sole discretion) repair the defect or replace the workmanship.
9.2 The Seller reserves the right to refuse to service an item which is under warranty if the Customer has defaulted in payment. until all unpaid accounts are settled.
9. 2 The conditions applicable to the warranty given by Clause 9.1 are:
(a) The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
i) Failure on the part of the Customer to properly maintain any Goods; or
ii) Failure on the part of the Customer to follow any instructions or guideline provided by the Seller; or
iii) Any use of any Goods otherwise than for any application specified on a quote or order form; or
iv) The continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
v) Fair wear and tear, any accident or act of God.
(b) The warranty shall cease and the Seller shall thereafter in no circumstances be table under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Seller’s consent.
(c) In respect of all claims the Seller shall not be liable to compensate the Customer for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Customer’s claim.
9.3 In the case of second hand Goods the Customer acknowledges that he has had full
opportunity to inspect the same and that he accepts the same with all faults and that no warranty is given by the Seller as to the quality or suitably for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Seller shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.
9.4 For Goods not manufactured by the Seller the warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall be under no liability whatsoever except for the express conditions as detailed and stipulated in the manufacturers warranty.
9.5 Any warranty claims are on a return to the Seller’s Head Office in Brisbane, at a cost to the Customer.
9.6 The Setter accepts no liability for (including but not limited to) power surges.
fluctuations and interference, viruses and external peripherai devices.
10. The Commonwealth Trade Practices Act 1974 and Fair Trading Acts
10.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act 1974 or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.