- i) “Cast-Tech Group” means The AM & AA Sprigg Trust and The Duraquip Trust trading as Cast-Tech Group.
- ii) “Customer” means the Customer described on the Quotation together with the Customer’s personal representatives or successors in business.
iii) “Goods” means any goods or products manufactured, imported, supplied and / or delivered by Cast-Tech Group to the Customer.
(iii) “GST” means GST under the GST Act.
(iv) “GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (as amended)
(v) “Services” means any services provided by Cast-Tech Group under this Contract.
(vi) “Quotation” means the quotation(s) given by Cast-Tech Group.
- QUOTATION CONDITIONS:
(i) Unless previously withdrawn, the Quotation on will remain open for a period of thirty (30) days from the date of the Quotation. After that period, Cast-Tech Group reserves the right to vary the prices quoted and the Terms and Conditions applicable thereto. This Quotation is made on the basis that the Customer will provide all necessary power and other services for the satisfactory installation of the Goods at the Customer’s cost in all respects.
(ii) Any Quotation given by Cast-Tech Group is not an offer to sell. A purchase order placed by the Customer pursuant to a quotation is not binding on Cast-Tech Group until accepted by Cast-Tech Group.
(iii) The date of the Contract shall be the date that the Customer’s purchase order is accepted by Cast-Tech Group.
- PRICES: All prices quoted by Cast-Tech Group are based on the statutory charges (inclusive of GST shown which shall be payable by the Customer unless noted otherwise) applicable at the time of Quotation.
- GOODS SPECIFICATIONS AND OPTIONS: Any change to the specifications or options for the Goods on this contract will be detailed and priced separate to this contract, signed and paid for within 7 days of such change.
- CONDITIONS OF SALE
(i) Each and every contract for supply of goods made between Cast-Tech Group and the Customer (“Contract”) incorporates these Terms
and Conditions of Sale (“Conditions”).
(ii) By signing the Quotation in the space provided, the Customer:
(a) acknowledges having received the opportunity to review the Conditions;
(b) agrees that the Conditions are incorporated into each and every Contract for supply of goods made between Cast-Tech Group and the Customer; and
(c) agrees that if Cast-Tech Group varies the Conditions from time to time and provides reasonable notice to the Customer of the variation, the Conditions as varied are incorporated into each and every contract for supply of goods made between Cast-Tech Group and the Customer after the date of such notice.
(iii) If the Customer fails to sign and return the Quotation prior to placing an order with Cast-Tech Group for the supply goods, then that order shall be deemed acceptance of the Conditions and Cast-Tech Group may proceed with registration pursuant to clause 15 of this document prior to delivery of the goods
- LIMITATION OF LIABILITY:
- i) Cast-Tech Group may compute an estimate of dimensions and quantities of Goods based on plans or other information given by or on behalf of the Customer. Cast-Tech Group does not accept any liability as to the correct computation of any such estimate and the estimate is provided to the customer as indicative only and Cast-Tech Group is not responsible for any mistakes in the estimate. The Customer undertakes to check any such estimate and in any event accepts full responsibility for the dimensions and quantities of Goods ordered as independently computed by the Customer without relying on the estimate.
- ii) The Customer warrants to Cast-Tech Group that it will not rely on representations made and/or advice given by Cast-Tech Group or its employees in connection with the design, dimension, installation or use of Goods sold and agrees that Cast-Tech Group shall not be liable for the consequences of any mistakes in such representation or advice whether made or given innocently, deliberately and/or negligently.
iii) It is a condition of sale that any description or specification given by Cast-Tech Group or in printed literature of Cast-Tech Group is for general indicative purposes only and does not render Cast-Tech Group responsible howsoever and whatsoever except to the extent that the Goods shall comply with the standards set out in such description or specification and that such description or specification shall not be taken as implying or giving any undertaking as to fitness for any particular purpose.
- iv) If the Goods are required for a particular purpose, The Customer must clearly specify that purpose in writing the order placed with Cast-Tech Group and obtain written assurance from Cast-Tech Group that the goods when supplied will meet that requirement. If the Customer does not specify the particular purpose and Cast-Tech Group does not expressly undertake in writing that the Goods will be fit for the specified purpose, then the Customer agrees that it did not rely on the skill or judgement of Cast-Tech Group in relation to the suitability of the Goods for a particular purpose.
- v) The Customer acknowledges that Cast-Tech Group’s Quotation is made on the assumption that the land, building or structure into which the Goods are to be incorporated or attached is structurally sound and erected in accordance with the plans provided by the Customer. Cast-Tech Group will not be responsible for any damage howsoever caused to the land or building into which the Goods are incorporated in default of the above.
- vi) Any complaint by the Customer for failure to deliver, delayed delivery, short delivery, supply of incorrect goods and/or faulty goods must be made to Cast-Tech Group, within 4 hours of the agreed time at which Cast-Tech Group failed to deliver such goods and/or any of the occurrences specified in this paragraph. If the Customer desires to make any claim whatsoever against Cast-Tech Group in respect of any such failure and/or occurrences, the Customer must notify Cast-Tech Group of any such claim within three business days of the failure to deliver and/or of any of the occurrences. The Customer waives, forgoes, abandons and forgives forever any claim whatsoever the Customer may have against Cast-Tech Group unless it has fully complied with the preceding notification requirements.
vii) Cast-Tech Group shall not be liable for any direct, consequential, indirect or other loss or damage, including without limitation loss of profit, revenue, market share, goodwill or anticipated savings arising as a result of any negligence, breach of the Contract, or breach of any other law, unless specified in the Contract.
- APPROVALS: The Customer shall obtain any approvals, permits or licenses which may be required in respect of the Goods and work to be
performed by Cast-Tech Group under any statutes, by-laws or regulations whether governmental, semi-governmental or municipal.
- RISK: Cast-Tech Group will insure the Goods supplied against loss or damage until delivery to the installation address. Risk in respect of the Goods shall pass to the Customer on delivery and the Customer shall indemnify and reimburse Cast-Tech Group for any loss or damage to the Goods howsoever caused after the Goods have been delivered to the installation address whether or not the Goods are installed, fixed or unfixed to the Customer’s building or premises.
- i) Any estimated delivery and work commencement dates are given by Cast-Tech Group in good faith. All reasonable efforts will be made to adhere to the proposed delivery/installation programme but the Customer acknowledges that delays are at times unavoidable and Cast-Tech Group will not be liable for any loss or damage which may be suffered by the Customer as a result of any delay in delivery or installation beyond Cast-Tech Group’s reasonable control. In the event of non-payment of any progress claim, Cast-Tech Group may immediately suspend further work until payment is made.
- ii) Unless agreed otherwise in writing prior to delivery, unloading of goods shall be the Customers responsibility and Cast-Tech Group will not be responsible for any damage resulting from the unloading of the Goods by the Customer or by anyone on its behalf, or by Cast-Tech Group’s employee or agent.
iii) Cast-Tech Group shall not be liable for delay in delivery of the goods arising from any cause whatsoever. The Customer shall not be relieved from any obligation to accept or pay for the Goods by reason of any delay in delivery of the Goods. Notwithstanding anything in no event shall Cast-Tech Group be responsible for any loss of profits, penalties, expenditure and/or damages incurred and/or sustained by the Customer due directly or indirectly because of any delay in delivery of the goods.
- iv) Where Cast-Tech Group’s delivery vehicles are delayed on site for more than 1 hour additional costs may apply.
- v) Deferred delivery of Goods already manufactured for the Customer may incur a storage fee of up to 5% per week of Contract value.
- SUBSTITUTE GOODS: Cast-Tech Group reserves the right to change the specified manufacturer at any time should supply delays or price increases occur with the nominated Goods provided any such substituted products are of similar quality and specification.
- PAYMENT TERMS: The Customer shall pay the deposit stated in the Quotation and each subsequent progress payment to Cast-Tech Group as noted in the Quotation.
- INTEREST: Cast-Tech Group reserves the right to charge interest on all monies unpaid at a rate of 5% above the Commonwealth Bank of Australia business overdraft rate charged from the time on a daily basis, but without prejudice to Cast-Tech Group’s right to recover any unpaid monies.
- i) The Goods will carry the manufacturer’s warranty (if any) as provided with such goods. Warranty claims will be dealt with by Cast-Tech Group free of charge during normal working hours Monday to Friday in the case of any manufacturer’s warranties.
- ii) Except as stated in the Quotation, Cast-Tech Group does not warrant that the Goods or Services are fit for any purpose made known by the Customer or any purpose, or that the Goods are of merchantable quality and all other rights or warranties implied by statute, at law or in equity are excluded, but where any such warranty cannot be excluded by law, then Cast-Tech Group’s liability is limited to the cost of replacing such Goods, the cost of obtaining equivalent Goods, or the cost of repairing the Goods, or supplying the Services again, at Cast-Tech Group’s discretion provided that in all such cases freight costs and costs of re-installation shall be borne by the Customer.
iii) Cast-Tech Group is not liable for any representation, warranty, condition or term whether express or implied or written or verbal unless it is specified in the Quotation, Contract or the Conditions.
- RETENTION OF TITLE: Title in all Goods supplied by Cast-Tech Group shall be retained by Cast-Tech Group absolutely until the full Quotation price has been paid and cleared. Until paid in full, notwithstanding any sale, mortgage or lease of the Customer’s premises. Cast-Tech Group reserves the absolute right to:
- i) Enter the premises at the installation address without liability for trespass or any resulting damage to dismantle and retake possession of the Goods supplied.
- ii) Keep and re-sell any Goods removed or repossessed. If after installation of the Goods the land or building to which it is affixed, or the goods are re-sold by the Customer, then the Customer shall hold such part of the proceeds of any such sale as represents the balance payable to Cast-Tech Group upon trust in a separate identifiable account as the funds of Cast-Tech Group and shall pay the same to Cast-Tech Group upon demand. Notwithstanding the above provisions, Cast-Tech Group shall be entitled to pursue any action against the Customer for a balance payable under this Contract notwithstanding that risk in the goods shall have passed to the Customer on delivery to the installation address.
- i) The Customer acknowledges that under the Personal Property Securities Act 2009 (Cth) (PPSA) clause 14 of these Terms and Conditions of Sale creates a purchase money security interest in the Goods that is registrable under the PPSA and that Cast-Tech Group intend to register their security interest on the Personal Property Security Register. Cast-Tech Group may exercise its rights under the PPSA and its rights under clause 14 are in addition to and not limitation of Cast-Tech Group’s rights under the PPSA.
- ii) The Customer consents to Cast-Tech Group doing such things as required by Cast-Tech Group and as required by the PPSA, for the purpose of
Cast-Tech Group registering its security interest in the Goods on the Personal Property Securities Register.
iii) The Customer shall do such further acts and things and sign such further documents as are reasonably necessary to register Cast-Tech Group’s security interest in the Goods under the PPSA, and the Customer appoints Cast-Tech Group as its attorney to sign such further documents as may be so required.
- iv) The parties agree to exclude the operation of ss. 95, 121(4), 130, 132(3)(d), 132(4), 135 and 143 of the PPSA. The Customer waives its Right under s.157 of the PPSA to receive notice of any verification of any registration.
- v) Words and phrases defined in the PPSA have the same meaning in these conditions.
- GOVERNING LAW: The Contract formed by acceptance of the Quotation shall be governed by the laws of the State of Western Australia.