2 GENERAL
2.1 Unless specifically agreed with you by us, in writing, these terms and conditions apply to all materials and goods (“the goods”) and services (“the services”) provided by us to you and form part of all quotations, agreements, orders or sales. They will prevail over any contrary terms and conditions, including any terms and conditions contained in your order forms or contracts.
2.2 Reference to “we” and “us” in these terms and conditions are references to Hoseright and/or its franchisees, operators, authorised agents and representatives.
3 CREDIT
3.1 We will only give quotations, accept your orders, agree to provide goods and services to you or accept part payment where we have first approved your credit, or where you have given us satisfactory security for payment.
4 QUOTATIONS
Acceptance of Quotations
4.1 Our quotation is open for acceptance by you for the time stated in the quotation. If no such time is stated, then our quotation will be open for acceptance by you. Withdrawal of the quotation will be made or confirmed in writing.
4.2 We reserve the right to withdraw the quotation prior to any acceptance by you. Withdrawal of the quotation will be made or confirmed in writing.
Conditions as to Offers
4.3 Offers of goods ex-stock are subject to the goods being available at the time acceptance is received.
4.4 Offers are subject to the availability of import licences, if applicable.
5 DELIVERY, RISK AND PERFORMANCE
5.1 Unless otherwise specifically agreed to by us in writing, delivery occurs when the goods are delivered to the transport medium for delivery to you or if no delivery medium is involved, at the time you collect the goods. Risk passes to you on delivery.
5.2 If you refuse to accept delivery of the goods through no fault of ours, then delivery will be deemed to have been made and you will be responsible for payment for the goods.
5.3 We do not accept liability or responsibility for a failure to perform the services (either wholly or in part) where the failure is caused by you. In such a case you will be responsible for payment for the services in accordance with the originally scheduled dates for completion of the services.
5.4 We do not accept liability or responsibility for any delays in the delivery of the goods or completion of the performance of the services caused (directly or indirectly) by war, strikes, lockout, fire, flood, earth- quake, temp accident, civil commotion, perils of the sea, failure on the part of the supplier to delivery any part of the required goods or services, or any other cause be- yond our reasonable control.
6 TESTING
6.1 The quoted price(s) for the goods or the services does not include the costs of testing, unless specifically agreed to by us in writing. If you direct that any goods or services are to be tested, we will comply with the testing arrangements, but all costs involved will be charged to you.
7 REPAIRS AND SPARE PARTS
7.1 In respect of imported goods, we do not guarantee that repair facilities or spare parts will be available, unless specifically agreed to by us in writing.
8 DRAWINGS, WEIGHTS AND TOLERANCES
8.1 All illustrations, drawings and specifications accompanying our quotation in our current price list or advertisements, are approximate only, and are binding unless specifically agreed to by us in writing.
8.2 Certified dimension drawings will be supplied by arrangement.
8.3 We will use good faith in ensuring that all weights, measurements, process capacities and other particulars of the goods or ser- vices are approximately correct. Small deviations from weight, measurement or process capacity cannot invalidate this agreement nor be the subject of any claim by you.
8.4 Errors and omissions are subject to correction at the expense of the party at fault.
9 WARRANTY
9.1 Provided you comply with the terms of payment, we warrant that the goods manufactured by us are free from original defects and the services provided by us are free from faulty workmanship, under proper and normal conditions of use, the period of twelve months from the date of delivery. 9.2 Subject to the Act, any warranty owing by Hoseright is valid for twelve (12) months from the date of delivery of the Goods or as otherwise agreed in writing by Hoseright and the Customer and only extends to Goods sold and used within Australia only.
9.3 We must be satisfied the goods are defective or the workmanship is faulty.
9.4 We must be given the opportunity (as set out below) to rectify the defect or fault.
9.5 In the case of defective goods, we agree to remedy such defects if you return the defective item to us with freight paid both ways. If you cannot return the defective item our warranty extends only to the supply of replacement parts. You are liable to pay any freight charges for these replacement parts.
9.6 In the case of services involving faulty workman- ship, we agree to provide repairs, only where you have not attempted or authorised any repair work without our written permission.
9.7 In the case of materials, parts or components not manufactured by us, our liability is limited to making the benefit of any manufacturer’s warranties available to you (so far as those warranties can be transferred).
10 NO LIABILITY
10.1 Except as set out above, we will not be responsible or liable to you in any other way, whether in tort (including negligence), contract or otherwise. We do not give any other warranties or undertakings or make any other representations as to quality, condition, fitness for use or purpose, whether under the Sales of Goods Act 1908 or any other statute or common law (except see below).
10.2 In particular, we will not be liable for:
Consequential or special loss of any kind.
Damage to anything caused by the goods or the services, any defect of fault in them or any use made of them, and you agree to indemnify us against any such claim
