STANDARD TERMS AND CONDITIONS OF SALE

TERMS and CONDITIONS of SALE. (T&Cs): ALL QUOTATIONS, OFFERS AND CONTRACTS ARE SUBJECT TO THE FOLLOWING:

1. SELLER means Bruder Kompressor Pty Ltd and BUYER means the Buyer whose order for the purchase of goods or services is accepted by the Seller.
2. ACCEPTANCE OF BUYERS ORDER These T&Cs apply to every sales contract and sale of goods or services between Seller and Buyer: any T&Cs of Buyers order deviating from or inconsistent with these T&Cs are expressly rejected by the Seller. This rejection extends to any statement by the Buyer that Buyers T&Cs prevail. The Buyer is deemed to have read and agreed to these T&Cs prior to placement of any order either verbal or written and the purchase of Goods by the Buyer will constitute acceptance of these T&Cs which are all applicable to the fullest extent as permitted by law.
3. CONTRACT shall only be deemed to have been entered into when the Seller accepts an order for goods or services either placed in writing, or verbally by the buyer. Such acceptance may be made and communicated by the Seller.
4. PRICES & QUOTATIONS written or verbal are valid for 30 days from date issued, estimates only and subject to withdrawal or correction at any time prior acceptance of the Buyers order by the Seller. Prices do not include GST and are ex our store. No representation, promise, opinion, warranty or undertaking (including any technical advice provided by the Seller to the Buyer in relation to the Buyers order) for Goods will bind the Seller unless the Seller specifically agrees otherwise in writing.
5. DELIVERY and ACCEPTANCE of Goods is deemed complete after 7 days from date of delivery, when a) the Buyer takes possession of goods at Sellers address, b) Buyer takes possession of goods at his nominated address (Including 3rd party) in the event goods are delivered by the Seller and/or his nominated carrier c) the Buyers nominated carrier, as the Buyers’ agent, takes possession of the goods from Sellers store. The Seller shall not be liable for any loss or damage due to inability to deliver goods promptly and the failure of the Seller to deliver shall not entitle either party to treat the contract as repudiated. Seller may deliver goods in separate installments and invoice accordingly. Freight insurance is the full responsibility of the Buyer once Goods have left Seller’s premises, irrespective of the carrier and the Buyer is responsible to affect whatever other insurances he requires at his expense.
6. RISK is deemed to be the Buyers upon completion of delivery as above and it is the Buyers responsibility to effect and pay for any insurance cover on the goods including where goods are stored on the Buyers, or a third party site at the Buyers request during an installation process or in other circumstances. In case of damage or theft, the Seller will, on production of these T&Cs, be entitled to receive all insurance proceeds payable for the goods from the Buyers insurer without dispute.
7. TITLE TO AND PROPERTY IN THE GOODS will not pass from the Seller until the Buyer has paid all moneys owed to the Seller on any account whatsoever. Until the Buyer has paid all such moneys, the following clauses apply A) The seller retains a purchase money security interest in the Goods/ services and the proceeds of any sale of the Goods under the Personal Properties Act (PPSA 2009) B) The relationship of the Buyer to the Seller is as a fiduciary in respect of Goods and therefore the Buyer acknowledges his obligation to store the Goods in such manner that they can be recognized as property of the Seller. C) In the event of Goods being resold by the Buyer, the Buyer acknowledges the Seller will have the right to trace full proceeds of the sale and must account to the Seller for such proceeds and the Seller may recover from the proceeds of this sale any moneys for such owing to the Seller on any account whatsoever, D) The Buyer grants the Seller license of entrance to any premises for the purpose of repossessing Goods without prejudice to any other rights of recovery available and the Seller reserves the right to enter for purpose of recovering Goods as Supplied by the Seller to the value of any unpaid amounts.
8. PERSONAL PROPERTIES SECURITIES ACT 2009: 8.1: In this clause, security interest, security agreement, financing statement and financing change has the meaning given to it by the PPSA. 8.2: The Buyer agrees to a) not permit registration or register a financing change statement or finance statement in relation to Goods in favour of a 3rd party without approval of the Seller in writing. b) Not register a financing change in respect of a security interest unless approved in writing from the Seller. c) Reimburse upon request and indemnify the Seller for all expenses involved in registering a financing or financing change statement on the PPSA register or releasing any Goods registered. d) Sign any documents and provide accurate information which the Seller may need to register a financing statement, change of financing statement, any other document or correction needed for previous statement in respect of keeping current registration of security interest in Goods on the PPSA. 8.3: The Seller and Buyer agree that sections 96, 115 and 125 are non-applicable to the security agreement created by these terms and conditions. 8.4: The Buyer waives its rights to receive notices under section 95, 118, 121(4), 130, 132(3) (d) and 132(4) of the PPSA. 8.5: the Buyer waives its rights as a debtor and/or grantor under sections 142 &143 of the PPSA. 8.6: The Buyer waives its right to receive notification in accordance with section 157 of the PPSA. 8.7: The Buyer unconditionally ratifies all actions taken by the Seller under clauses 8.2 to 8.5 inclusive.
9. SECURITY and CHARGE/DIRECTOR GUARANTEE. 9.1: Where the Buyer is a Corporation, each of the Director/s jointly and severally guarantees the payment by the Buyer of all outstanding amounts in relation to Goods Sold or hired by the Seller. 9.2: Where the Buyer is owner of land or asset capable of being charged, both the Buyer and Guarantor agree to mortgage the whole or portion of any such asset to the Seller or Sellers Nominee to secure all monies owed to the Seller. The Buyer and/or Guarantor agree to the Seller or Sellers nominee lodging a caveat on land or asset, enforceable until such time as all monetary obligations to the Seller have been met. The Buyer/Guarantor agrees to indemnify the Seller from and against all Sellers costs including legal costs and disbursements in the event of any such action as described in this clause is required and initiated by the Seller. 9.2: The Buyer/Guarantor agrees to appoint the Seller or Sellers nominee as the Buyers/Guarantors lawful attorney to perform all requirements to undertake clause 9.2.
10. BUYERS DISCLAIMER The Buyer waives all rights to cancel any contract, sue or claim restitution for damages arising from any inadvertent misrepresentation made to the Buyer by the Seller and the Buyer acknowledges that any Goods are bought relying only on the Buyers judgment and assessment of fitness for purpose.
11. LIMITED of LIABILITY and INDEMNITY. 11.1: The Sellers liability to the Buyer in relation to Goods will never exceed the price of the Goods. The Seller will not be liable for any consequential loss or damages including (but not limited to) loss of profit, revenue, goodwill, anticipated savings or property damage. The Buyer indemnifies the Seller against any loss or expense arising from the Buyers breach of these terms. The Buyer indemnifies the Seller against any claims made by a third party in respect of negligence, personal injury or death arising out of supply of Goods by the Seller to the Buyer. 11.2: To the maximum extent permitted by law, the Seller will not be liable for any loss or damages (including but not limited to loss of property, injury, business and/ or profits) whether in contract, tort or otherwise resulting from a) the supply of Goods under this contract, b) the installation of Goods, c) the maintenance and repair of Goods, d) the operation of Goods – if not in accordance with the Sellers operating standards or manufacturer’s instructions.
12. WARRANTY, DEFECTS and CLAIMS: The seller excludes all warranties to the extent permitted by law, other than as follows. Should Goods be defective, the Buyer must notify the Seller within 7 working days of delivery. The Sellers liability in respect of warranties is strictly limited, where at the Sellers option, the Seller as having agreed to defects claim undertakes to a) replace or repair the faulty goods as returned to the Sellers premises by the Buyer (at the Buyers cost), or b) refund the price of the Goods to the Buyer as returned to the Seller’s Premises. Claims for non-delivery, shortage in supply or damage incurred during course of delivery must be made in writing with substantiating cart notes or photographs and forwarded to the Seller within 7 days of delivery. The Buyer forfeits any right or claim against the Seller if any alteration to Goods sold or quoted is carried out without the Sellers written consent.
13. PAYMENT, DEFAULT and CONSEQUENCES of DEFAULT: All supplies of Goods to Buyer are on a cash sale or cash hire basis unless credit terms are agreed to in writing as follows: This may require 10-30% deposit payment and EOM progress invoice payable on 30 day terms for larger projects. a) All accounts are to be paid in full within 30 days from EOM in which Goods/Services are purchased, received, dispatched or hired (whichever is the earliest). b) Upon default in payment, then all monies due to the Seller shall immediately become due and payable and shall be paid by the Buyer within 7 days of date of demand. Interest will accrue daily from the due date calculated at a rate of 3% per month. c) All expenses, costs, disbursements inclusive of debt collection agency fees, solicitors fees and court costs shall be paid by the Buyer within 7 days of invoice for such costs being issued by the Seller) The Seller can at any time require additional security from the Buyer as considered necessary and can at the Sellers prerogative, withhold further supply of Goods or Services until acceptable security has been granted by the Buyer and all previous outstanding overdue monies have been paid. The Seller will not be liable to the Buyer or any third party for loss, delays or damages the Buyer or any third party suffers because the Seller has exercised its rights under this clause.
14. CREDIT CARD PAYMENTS: All Visa and MasterCard payments are subject to a 2% Surcharge. No other Credit Card payments are accepted.
15. CANCELLATION: The Seller may cancel any contract subject to these T&Cs or cancel delivery of Goods by issuing written notice to the Buyer and shall not be held liable for any loss or damage arising from such cancellation. Cancellation of orders by the Buyer for Goods made to the Buyers specification will be unaccepted. Return of Goods shall be subject to restocking fee of 20% for standard stock lines and 35% for special order items, subject to returns occurring within 30 days of delivery.
16. CONTRACT: If any of the provisions of this Contract are unlawful or invalid by reason of any statute or rule of Law, then such provision shall be severed from the rest of this contract which shall remain valid and binding on the parties. The contract is strictly between the Buyer and the Seller. No interference to the performance of this contract by any third party e.g. Union, Landlord – will be tolerated and any costs incurred by such interference will be payable by the Buyer. Where site work is included in this contract, the Seller shall be solely answerable to the Buyer only for directions and liaising of any consequence. Unrestricted access to site during normal working hours for deliveries/works to be assured and is obligatory on the Buyer.
17. SITE MATERIALS: Site materials and equipment used by the Seller, contractor or agents may be left on site. The Seller, contractor or agent shall not be liable for and accepts no responsibility for any personal or property harm or loss as a result of use or interference with such materials or equipment whether such damage is caused by negligence or otherwise.
18. CLERICAL ERRORS clerical errors in computations, typing, email, catalogue, quotation, invoice, delivery note, cart-note, credit note, specification shall be subject to correction at Sellers prerogative.

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