Terms & Conditions
GENERAL CONDITIONS OF CONTRACT
1 – Contract Agreement
A quotation or tender of the Company for engineered systems is merely an invitation for an order subject to these conditions as printed notwithstanding anything to the contrary intended by the customer whether communicated or not and no contract will result until the Company has confirmed such order in writing. Such contract will incorporate and be subject to these conditions. These conditions shall take precedence over any terms and conditions of the customer and any addition to or variation thereof will be binding on the Company only if expressly confirmed in writing by the Company.
2 – Plans, Drawings, Specifications
Drawings, plans and specifications are intended merely to give a general idea of the subject matter of the contract. No drawings, plans or specifications not signed by both the Company and the customer shall be binding on the Company. It shall not be necessary for the Company to build equipment strictly in conformity with such drawings plans and specifications as have been signed by both the Company and the customer or any provision contained therein and the company may vary the design and or construction if in its judgment it is desirable so to do in the interests of the parties to the contract. Performance figures stated are subject to recognized tolerances. The Company shall not be responsible for the fitness of the equipment for any purpose intended by the customer in the selection of the equipment for such purpose being the sole responsibility of the customer.
3 – Permits, Access, Installation
It shall be the responsibility of the customer to obtain at his own expense such permit license or other approval as may be necessary or as may be required to be obtained for the purposes of the contract and where under the contract the Company is required to install connect wire test commission or carry out any other works after delivery of the equipment or part thereof to the delivery point the customer shall at all times provide a suitable site for the equipment and suitable access thereto and the customer shall provide at all times such facilities and assistance as the Company may from time to time require to enable it to install connect wire test commission or carry out such works.
4 – Delivery, Completion Dates
(a) Delivery dates or periods or completion dates stated in the contract are approximate and unless otherwise stated in writing by the Company dates and periods of delivery or completion are not essential terms of the contract. The Company will make all reasonable endeavors to make delivery or complete any works by such dates or within such periods but subject thereto the Company shall not be held liable for any delay in the works however caused and nothing in the clause shall be so construed as to require the Company to carry out any of the works other than during normal working hours or to incur any additional costs or expense.
(b) Subject only to the provisions contained in the preceding paragraph the Company may at its option make delivery to the delivery point at such time or times and by such means as the Company may from time to time decide of part of the equipment and of any materials required for the construction installation connection wiring testing commissioning or completion of the works and the customer shall not neglect or refuse to take delivery of the equipment or parts thereof or of any materials aforesaid as and when delivery thereof is made by the Company. Standard delivery of equipment by the company is by road freight, packaged and preserved as per the Company’s standard procedure unless otherwise agreed.
(c) Subject only to the provisions contained in paragraph 4(a) hereof where under the contract the Company is only required to make delivery of the equipment to the delivery point the Company may at its option make delivery by installments and assemble the equipment at the delivery point or at some other place convenient to both parties and if the customer within a reasonable time after having been requested by the Company so to do fails to provide such reasonable facilities and or assistance for the purposes of aforesaid the Company’s obligations with respect to the equipment shall thereupon cease.
5 – Frustration
The Company contracts to carry out the works save insofar as it is legally or physically impossible and where the contract becomes impossible of performance or is otherwise frustrated or where the contract is avoided by the operation of laws and the parties are for that reason discharged from the further performance of the contract the Company may retain in respect of all sums paid by the customer or may recover from the customer whether or not the customer has obtained any benefit under the contract an amount equivalent to the expenses incurred by the Company in or for the purpose of the performance of the Contract before the time of discharge including those reasonable incurred after the occurrence of the frustrating event plus five percentum thereof.
6 – Customers’ Bankruptcy Liquidation, Non-payment
(a) In the event of the bankruptcy liquidation (other than for the purpose of reconstruction or amalgamation only) or insolvency or the appointment of a Receiver of the customer or of the customer making any arrangement for the benefit of his creditors or in the event of non-payment by the due date of the contract price or any part thereof or any sums payable under the contract the Company shall be entitled either
(i) to treat the contract and further any other contract between the Company and the customer as thereby wrongfully repudiated by the customer and to recover from the customer any money then due thereunder and damages in respect of its loss thereby occasioned or
(ii) suspend further performance of the contract until the customer shall have paid all monies due thereunder. In the event of the Company treating the contract or any other contract as so repudiated the Company shall be entitled to sell any or all undelivered parts of the equipment in whatever state of manufacture and to set off the net proceeds of such sale against the said monies and damages.
7 – Liability
(a) The Company undertakes to maintain the works for a period of three months immediately following the date of completion thereof remedying during such period without cost to the customer all defects in the works caused by faulty workmanship or material and which shall become apparent during such period and be notified in writing to the Company. This undertaking is given in lieu of any other rights that would otherwise be conferred on the customer under any law save that this express undertaking does not exclude any conditions or warranties implied into this agreement by the provisions of the Trade Practices Act 1974 or by any other Federal or State laws to the extent that such conditions or warranties may not be excluded by express agreement.
(b) Subject to Clause 7(c) hereof the Company shall not be liable to the customer whether in Contract, Tort or otherwise for any of the following:
(i) any loss of profits or any other consequential loss or damage caused to the customer by any delay in delivery or in the completion of the works or any part of them or caused to the customer by any matter, tact or circumstance not within the complete control of the Company;
(ii) any loss or damage to the equipment or any part thereof after the same have ceased to rest on the delivery vehicle unless such loss or damage was caused solely by the Company’s negligence or the negligence of the Company’s servants or agents in the course of installing, connecting, wiring, testing commissioning or carrying out such other works after delivery to the delivery point but save as aforesaid the Company shall not be liable for and the customer shall not seek to recover from the Company its servants or agents any damages, compensation or reimbursement for any loss it or its servants or agents suffer or may suffer howsoever and by whomsoever caused whether in the course of installing, connecting ,wiring, testing, commissioning or carry out such other works or not.
(iii) any injury, damage or loss including loss of profits, consequential damage or loss whether to persons or property arising out of this contract or the works delivered or installed pursuant hereto including any defects therein or anything connected therewith or with repair or replacement or any other work related thereto.
(c) If the basis of the contract is such that the customer is a consumer as defined in the Trade Practices Act 1974 or in any other law of the Commonwealth (or any State or Territory) of Australia, the customer’s rights shall be governed by the provisions of the said Act or any such law to the extent that such liability may not be excluded by the express agreement, If liability may not be excluded by the express agreement and where the work to be provided by the Company is not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the liability of the Company for a breach of a condition or warranty implied by the Trade Practices Act 1974 (other than a condition or warranty implied by Section 69) or by any other Federal or State Laws shall be limited to such of the following as shall be fair and reasonable in all of the circumstances:
(i) the replacement of the goods;
(ii) the supply of equivalent goods;
(iii) the repair of the goods; or
(iv) the payment of the cost of any of the above.
8 – Contract Price, Payment Terms, Interest Charges
(a) The customer shall pay the price stated in the contract and if there shall be an increase during the currency of the contract in the costs of labour materials or other costs or expenses there shall be an adjustment to the price stated proportionate to such increase in the costs of labour materials or other costs or expenses and in that event the contract price payable by the customer shall be the stated price adjusted as aforesaid. The customer shall pay the contract price at the time stated in the contract and if under the contract the customer is required to make payment thereof by installments or to make advance payments the customer shall make such payments at the times stated in the contract. Without prejudice to Condition 6 in the event of the customer failing for a period of seven days after the same becomes payable to make payment of any part of the contract price the Company shall be entitled to charge against the customer interest on such unpaid money at the rate of twelve percentum per annum from the time of its becoming due until actual payment. The company reserves the right to seek reimbursement for services involved in the inspection of customer property for the purposes of an offer of repair or replacement,
(b) Property in the goods shall not pass to the customer but shall remain with the Company until the Company has received payment of all amounts due to it under the contract; until the Company receives payment in full of all amounts due the customer holds the goods as bailee for the Company during which time it is authorized to sell the goods onto a third party, but only as agent for the Company. The customer shall however not present to any third parties that it is in any way acting for the Company and the Company will not be bound by any contracts with third parties to which the customer is a party. Records shall be kept by the customer of any goods owned by the Company. Without affecting the customer’s right to credit until the Company has been paid in full the proceeds of sale of the goods shall be paid into a separate account and the customer shall account to the Company from this fund for the full price of the goods. In the event of default by the customer in payment of the goods or payment of the balance of the goods or in the event that the customer commits an act of bankruptcy or a receiver is appointed over the customer of the customer goes into liquidation the Company is hereby expressly authorized to enter into and upon any premises where the goods may, from time to time, be stored by the customer and to take possession of the goods and to deal in and with the goods as the owner thereof.
(c) An order once accepted by the Company may not be cancelled or altered except upon the terms and conditions satisfactory to the Company (which in the case of cancellations may include payment of a cancellation fee of 15% of the order value)
9 – Warranty HBC Radiomatic radio control systems
(a) The warranty guarantee period provided on the HBC radio remote control equipment of 12 months starts at the time of commissioning of the system and no later than 3 months from invoicing. The warranty covers defective parts and manufacture of the electronic components of the radio control system excluding the systems batteries which have a 3 month warranty period. The warranty assumes the radio control equipment is installed and operated according to the manufacturer’s instructions, and in accordance with the relevant health and safety regulations of the country or state the system is used.
(b) The place of the guarantee fulfilment is the head office of CTS in Perth Western Australia.
(d) Any external works and the cost of assembly and disassembly are not part of the warranty guarantee.
10 – Warranty Truninger magnet lifting systems
(a) The warranty guarantee period provided on the Truninger magnet lifting systems of 12 months starts at the time of the equipment leaving the Truninger works or at the taking over of the equipment, if agreed to before. The warranty covers defective parts (mechanical and electrical) of the magnet lifting system, excluding the batteries which have a 6 month warranty period. The warranty assumes the magnet equipment is installed and operated according to the manufacturer’s instructions, and in accordance with the relevant health and safety regulations of the country or state in which the system is used.
(b) The place of the guarantee fulfilment is the head office of CTS in Perth Western Australia.
(c) Any external works and the cost of assembly and disassembly are not part of the warranty guarantee.
11 – Warranty Symeo absolute positioning and anti-collision systems
(a) The warranty guarantee period provided on the Symeo equipment of 12 months starts at the time of commissioning of the system and no later than 3 months from invoicing. The warranty covers defective parts and manufacture of the electronic components of the Symeo equipment. The warranty assumes the Symeo equipment is installed and operated according to the manufacturer’s instructions and in accordance with the relevant health and safety regulations of the country or state the system is used.
(b) The place of the guarantee fulfilment is the head office of CTS in Perth Western Australia.
(e) Any external works and the cost of assembly and disassembly are not part of the warranty guarantee.
