TERMS AND CONDITIONS
ALL PREPARATION EQUIPMENT
TERMS AND CONDITIONS OF SALE
1.1 Company means Archquip Pty Ltd ATF The P & P Archer Trust ABN 57 877 629 930 trading as All Preparation Equipment.
1.2 Goods means goods supplied by Company to the Purchaser (and where the context so permits shall include any supply of services).
1.3 Purchaser means the purchaser noted on the tax invoice for the Goods and any officer of the Purchaser.
1.4 Terms means these Terms and Conditions as amended and restated from time to time.
2.1 These Terms apply to the sale of Goods manufactured or supplied by the Company.
2.2 Any instructions received by the Company from the Purchaser for the supply of Goods and/or the Purchaser’s acceptance of Goods applied by the Company shall constitute acceptance of these Terms.
2.3 These Terms can only be rescinded in accordance with the provisions, or with the written consent of the Company.
2.4 Any order placed by Purchaser with Company constitutes a representation by Purchaser that Purchaser is solvent and able to pay all of its debts as and when they fall due.
Any quotation by Company shall not be construed as an offer or obligation to sell, and Company reserves the right to accept or reject any orders received.
4.1 All prices charged shall be per the Company’s price list current at the date of dispatch. Verbal quotations are subject to written confirmation which will be given when requested.
4.2 The Company reserves the right at any time to make reasonable adjustments to prices due to any increase of cost of labour, material, goods or transport and also in relation to any changes in currency exchange rates or duties which affect the Company’s costs for imported Goods.
4.3 All prices quoted are exclusive of freight and/or delivery charges, and any such charges (including any GST on the charges) shall be payable by the Purchaser in addition to the purchase price noted on the tax invoice.
4.4 Unless otherwise provided in these Terms, all prices charged and quoted are exclusive of GST. Company will provide Purchaser with a tax invoice including any GST component.
5. CANCELLATION OR VARIATION
5.1 An order may, at Company’s options, be terminated in the event the Purchaser has a receiver and/or manager appointed, enters into any arrangement with its creditors or becomes insolvent. Company shall not be liable for any loss or damage arising from cancellation under this Clause 5.1.
5.2 A Purchaser may only vary an order on terms acceptable to Company (acting reasonably).
Unless otherwise indicated, prices indicate standard cases or packing.
Unless otherwise stated in writing, the price quoted is ex the Company’s business premises. Where delivery is requested beyond this point, Company may (at Company’s discretion) agree to act as agent for Purchaser. Purchaser will be responsible for all costs associated with storage and insurance incurred by Company in this event. Company accepts no liability for the Goods during any period in which the Company agrees to act as agent for the Purchaser in accordance with this Clause, and the risk in the Goods remains with Purchaser at all times.
8. TERMS OF PAYMENT
8.1 Unless other arrangements are made, all Goods shall be paid for in full by the Purchaser at the time of collection or delivery of the Goods.
8.2 Company reserves the right to deliver and invoice any item or items comprising the whole or part of any order. Failure by Company to delivery any part of an order shall not entitle the Purchaser to refuse the Goods or to delay payment.
8.3 Interest on overdue or unpaid invoices shall accrue from the date when payment becomes due daily until the date of payment at the rate of 12.5% per annum compounding monthly.
9.1 If Customer wishes to return any Goods, or:- 9.1.1 Goods returned must be accompanied by a delivery docket stating the original invoice, return material authorised number, date of purchase and reason for return. Goods returned may attract a 25% restocking fee.
9.1.2 Non-standard or custom Goods cannot be credited under any circumstances.
9.1.3 Insurance, freight packing and delivery charges associated with the return of any Goods are the responsibility of the Purchaser.
9.1.4 Goods will only be accepted for credit to the extent that they are wrongly or oversupplied.
9.2 All Goods returned must be in a good order and condition, unused and in original packaging.
9.3 No claims by the Purchaser will be recognized unless served on the Company in writing within ten (10) days after the collection or delivery of the Goods to the Purchaser. No claim for damage or direct or indirect loss associated with the Goods may exceed the invoice price of the Goods.
10. LIMITATION OF LIABILITY
10.1 Customer acknowledges that Company is not the manufacturer of the Goods. To the fullest extent permitted under the Competition and Consumer Act 2010 (Cwlth) (the “Act”), the Customer may only rely on any warranty provided by the manufacturer of the Goods.
Nothing in these Terms shall be read or applied so as to purport to exclude, restrict or modify the provisions of the Act.
10.2 All express or implied warranties and condition in relation to the Goods are, to the fullest extent permitted by the Act, excluded, and the Company provides no warranty that the Goods are fit for the purpose which the Purchaser intends to use them for.
10.3 Purchaser acknowledges that neither Company nor any officer, employee or agent of Company has made any representation or given any promise or undertaking which is not expressly set out in these Terms as to the fitness of the Goods for any particular purpose.
10.4 The Purchaser acknowledges and agrees that the Purchaser has made its own investigations as to the quality and suitability of the Goods for the intended purpose, and has not relied on any representation made by Company or any officer, employee or agent of Company in purchasing the Goods.
10.5 Except as required by the Act, Company has no liability to Purchaser in relation to any loss howsoever arising from the supply and use of the Goods, and Purchaser agrees to indemnity and hold harmless the Company against any loss associated with claims in relation to the Goods howsoever arising.
11. TITLE TO GOODS
11.1 Title to the Goods remains with Company until the full payment has been received by Company from Purchaser. In the case of payment by cheque, title shall not pass to Purchaser until the same is honored.
11.2 In the event that any Goods are comingled with other goods or equipment by the Purchaser, then title to the composite goods shall remain with Company in accordance with clause 11.1. 11.3 Purchaser acknowledges that, until full payment is received by Company, Purchaser holds the Goods as Company’s bailee only.
Company is entitled to register the Company’s interest in any Goods so held by the Customer on the Personal Property Securities Register as a purchase money security interests (as that term is defined in the Personal Property Securities Act 2009 (Cwlth)) (“PPSA”).
11.4 If payment for any Goods held in accordance with clause 11.3 is overdue, Company may
enter onto Customers premises for the purpose of removing the Goods, and the
Customer acknowledges that any obligations in relation to service of notice in this even on
Company under the PPSA are waived to the fullest extent permissible.
11.5 Until such time as Company receives full payment of any Goods held in accordance with clause 11.3, if Purchaser sells the Goods or receives any payment from a third party or insurer in respect of those Goods, the proceeds of any such sale or disposition or any insurance proceeds shall be held by Purchaser on trust for Company and paid into a separate
account which shall not be accessed or otherwise dealt with without Company’s prior written consent.
11.6 The rights set out in this clause 11 are in addition to all other rights to Company may
have under statute, common law or equity.
Risk in the Goods shall first pass to Purchaser upon collection by the Purchaser of the Goods from the Company premises, or on Company receiving instructions from Purchaser in accordance with Clause 7.
13. INTELLECTUAL PROPERTY
The Company warrants, to the best of the Company’s knowledge after making reasonable enquiries, that the sale of any Goods will not infringe any intellectual property rights of any party, and Company shall bear no liability to Purchaser in respect of any claims arising from the Goods in this regard.
Any figures or estimates in relation to the performance of any Goods are based on the estimates provided to Company by the manufacturer of the Goods, and Customer is not entitled to rely on any representations from
Company, its officers, agents or employees in relation to the performance specifications of any
goods, and confirms that it has relied on its own investigations when purchasing the Goods.
ALL PREPARATION EQUIPMENT
TERMS AND CONDITIONS OF HIRE
1. In this document references to:
“the owner” shall mean ARCHQUIP PTY LTD ACN 114 946 253 ATF The P & P Archer Family Trust trading as All Preparation
Equipment ABN 57 877 629 930 and its employees, servants and agents.
“the hirer” shall mean the person, firm or corporation referred to in the execution provisions of this document with the
proviso that the person signing this document or arranging for the supply of equipment is in fact authorised and has the
power to do so and in the event that such person is not authorised that person shall be deemed to be “the hirer”.
“equipment” shall mean all of the items listed on the “Agreement to Hire” together with additional items supplied at the
request or instigation of the hirer and shall include all accessories, parts, containers and consumables supplied with the
2. The owner is responsible for supplying the equipment. The equipment will be clean and in good working order at the
commencement of the hire. It is the hirer’s responsibility to ensure that the equipment meets these criteria and is suitable
for the purposes of the hirer. The owner gives no warranty that the equipment is suitable for the hirer’s proposed use;
3. Hire charges shall commence from the time the equipment is collected by the hirer from the owner’s premises and will
continue until returned to the said premises. In the event of the hirer requesting the owner to make delivery and collection
of the equipment, hire will commence from the time the equipment leaves the owner’s premises until the hire controller of
the owner is notified that the equipment is available for collection. In the absence of a prior arrangement, the owner is not
obliged to collect the plant from the hirer;
4. The hirer shall be responsible for all freight and other charges incurred in respect to the delivery and return of the equipment
and these will be added to the cost of the hire. The hirer must return the equipment to the owner using the owner’s specified
5. The minimum hire period is one (1) day and in the event of the hirer failing to return the equipment to the owner’s premises
until after 8:00am on the morning of the day following the day of hire, the hirer will be charged an additional day’s hire. If
the equipment is hired on a Friday, the one day hire period will end at 8:00am on the following Monday morning. The owner
makes no provision for half day hire unless by prior arrangement with the owner;
6. The hirer must pay to the owner any deposit prior to the equipment leaving the owner’s premises;
7. Hiring charges shall be as set out on the front of this document or as otherwise advised. In the event that there is any
variation to the charges set out it is the hirer’s responsibility to ensure that such variation is clearly noted on this document;
8. Consumables – In addition to the hire charge a consumable rate will apply based on wear of any parts of the equipment at
current trade cost per mm of wear. All items will attract charges for replacement of damaged parts or accessories;
9. The hirer shall:
(a) Satisfy themselves as to the suitability of the equipment for the intended purpose;
(b) Use the equipment in a skilful and proper manner having regard to statutory and other regulations in force in relation
to the equipment, including where applicable, the requirement for operation or use of the equipment by a properly
certified or licensed person;
(c) The hirer shall note all instructions and notices regarding the safe and proper use of equipment, and if the hirer is
unfamiliar with the particular equipment, the hirer shall b responsible for ensuring that the necessary information and
instruction is obtained for the safe and proper use of the equipment;
(d) Ensure that the equipment is not overloaded and is used with an appropriate power source;
(e) Accept responsibility for the safekeeping of the equipment and will indemnify the owner for any loss suffered by the
owner by reason of misuse, theft or otherwise of the equipment;
(f) Accept all responsibility for and will keep the owner indemnified against all loss or damage arising howsoever from the
hire or the equipment and shall accept all responsibility for any injury or damage caused during the period of hire to any
person or property and shall indemnify and hold the owner free from all liabilities and costs (including but not limited
to legal costs on an indemnity basis, and the owner’s costs incurred in enforcing its rights under this document) in respect
of all claims in connection herewith;
(g) At the hirer’s own expense service (using suitably qualified tradesmen approved by the owner), clean and maintain the
equipment in good and substantial repair and condition, reasonable fair wear and tear excepted, and shall supply all
fuel, oil, grease, filters or lubricants as may be necessary for the operation, servicing and maintenance of the equipment
during the period of hire;
(h) Insure the equipment for the full value for the entire duration of the hire;
(i) Ensure the equipment is not operated by any person under the age of 18 years or otherwise not qualified; and
(j) Ensure the equipment is not used upon any materials containing asbestos or carcinogenic products.
10. Upon completion of the hire the equipment must be properly cleaned by the hirer and all dust collectors free of concrete
dust or other materials otherwise a cleaning fee will be deducted from the deposit or charged to the hirer;
11. The owner may with sufficient cause – such as failure on the part of the hirer to pay the hire charges or a breach of the terms
and conditions, - terminate the hire and re-possess the equipment at any time and may enter upon any premises for this
purpose. The hirer shall indemnify the owner against any claims damages or expenses arising out of such action;
12. In the event of breakdown or failure of the equipment the hirer shall immediately notify the owner and, if requested, return
the equipment to the owner’s premises. The hirer shall under no circumstances repair or attempt to repair the equipment
without the prior consent of the owner;
13. The equipment remains the property of the owner at all times. The hirer is not entitled to sell, transfer, mortgage, charge or
encumber in any way the equipment nor part with possession of the equipment or assign the benefit of this document. If
the hirer commits an act of bankruptcy, enters into any form of administration or liquidation, makes any composition or
arrangements with his creditors, ceases to carry on business or breaches any fundamental terms of this document, then the
owner may exercise all of the owner’s rights in relation to the equipment granted under the Personal Property Securities Act
2009 (Commonwealth) without the need for service of any notice required under that act by the owner on the hirer. For the
avoidance of doubt, the hirer agrees that the owner may enter upon the premises where the equipment is located to
repossess the equipment in these circumstances;
14. The hirer authorises the owner to collect, retain, record and use commercial and/or consumer information about the hirer in
accordance with the Privacy Act 1988 (Commonwealth) as amended from time to time. The owner may disclose this
information to professionals engaged by the owner including, but not limited to, legal professionals, debt collection
professionals or other organisations which maintain credit references and/or default listing. The owner may give information
about the hirer to a credit reporting agency for the purposes of obtaining consumer and commercial credit reports and/or
lodging consumer and commercial defaults on the hirer’s credit file. This may be given for during or after the provision of
credit to the hirer and will be in accordance with the above Act as amended from time to time;
15. The parties acknowledge that:-
(a) Under the Competition and Consumer Act 2010 (Cwlth) certain conditions and warranties may be implied in these terms
and conditions and there are rights and remedies conferred on the hirer in relation to the provision of the equipment
which cannot be excluded, restricted or modified by this document (“non-excludable rights”);
(b) The owner disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the
hirer by statute, common law, equity, trade custom usage or otherwise and all those conditions and warranties and all
those rights and remedies are excluded other than any non-excludable rights. To the extent permitted by the Act, the
liability of the owner for a breach of a non-excludable right is limited, at the owner’s options, to the supplying of the
equipment again, all payment of any cost of having the equipment supplied again;
(c) The owner is in no circumstances liable in contract, tort (including without limitation negligence or breach of statutory
duty) to compensate the hirer for:-
(i) Any increased costs or expenses;
(ii) Any loss of profit, revenue, business, contracts or anticipated savings;
(iii) Any loss or expense resulting by claim by a third party; or
(iv) Any special, indirect or consequential loss or damage of any nature whatsoever caused by the owner.
16. The hirer hereby charges all property, both equitable and legal, present or future, of the hirer in respect of any monies that
may be owing by the hirer to the owner under this document or otherwise, and hereby appoints any director of the owner
as the attorney of the hirer for the purposes of executing and registering any caveat or mortgage over any real property
owned by the hirer or any director of the hirer from time to time.
DATED THIS DAY OF 2018
SIGNED ON BEHALF OF THE OWNER SIGNED BY THE HIRER
PRINT NAME: …………………………………………… NAME: ……………………………………..…………
SIGNED: ………………….……………………………… SIGNATURE: ………………………………….……………..