PLEASE READ THE FOLLOWING CAREFULLY
These Terms and conditions (Terms) govern the supply of parts, goods or products (Goods) and the provision of services (Services) to you as customer (You) by Machinery Sales Pty Ltd trading as Nationwide Machinery Sales (together NWMS).
1. NWMS may, in its discretion, accept an order for the purchase of Goods or the provision of Services. On acceptance of the order by NWMS, the parties shall be contractually bound and these Terms shall be incorporated into, (and shall take precedence over any terms and conditions on which You may trade) and will form part of the contract between us.
2. You will pay for all Goods immediately on the date of an invoice for the Goods as all invoices we generate from our system are on the terms “Due on Receipt”.
3. You will pay for all Services immediately on the date of an invoice for the Services as all invoices we generate from our system are on the terms “Due on Receipt”.
4. Where Goods or Services are not paid for within trading terms NWMS reserves the right to charge interest on outstanding amounts at the rate of 5% per month until such amounts are paid.
5. You must pay to NWMS any additional costs (including debt collector’s and legal costs) NWMS incur to recover, (or attempt to recover) any overdue payment, even though title may not have passed to You.
6. Delivery of Goods will be made at NWMS’s place of business. You will be responsible to arrange and pay for freight from NWMS’s place of business unless otherwise agreed.
7. Risk in the Goods shall pass to You on collection by, or delivery or despatch to You, whichever is the first to occur.
7.1 Once Goods are collected from NWMS or consigned to You, You will be responsible for any loss, damage or deterioration of those Goods.
8. Names, symbols and numbers are used to describe Goods are for reference purposes only. It is not implied that the Goods or parts supplied are the products of the manufacturers whose part numbers may be quoted.
9. Unless otherwise stated on the Invoice all Goods are sold in an “as is, where is” condition.
10. The purchaser acknowledges that it has inspected all of the equipment before purchase or has waived such right of inspection.
11. Subject to terms implied by law and not capable of exclusion NWMS does not warrant the fitness of any Goods for your purpose. You will rely on your own knowledge and expertise in selecting any Goods and as to the suitability and fitness for any required purpose.
12. You acknowledge that NWMS and its agents have not made any warranty, guarantee or representation in relation to the Goods on which You have relied, apart from those which You have expressly received in writing from NWMS.
13. The descriptions, illustrations and statements as to performance of the Goods contained in catalogues, price lists and other advertising matter do not form part of these Terms.
14. Any working drawings, specifications and samples which are produced by NWMS are merely representative of the Goods, as are any forms, dimensions and samples and descriptions.
15. All Goods to be supplied by NWMS to You are as described in NWMS’s offer or invoice and that description prevails over all other descriptions including any specification or enquiry.
16. Title in the Goods will not pass until You make payment in full of the purchase price and all other amounts payable including costs of transit delivery, services labour materials and all outstanding interest.
17. You acknowledge that until ownership in the Goods passes to You, You are in possession of the Goods as bailee for NWMS.
18. Holding Deposits:
18.1. All holding deposits are considered non-refundable up to $5,000;
18.2. Payment of a deposit invoice confirms that the purchaser agrees and has entered into a contract for the purchases of the Goods;
18.3. A holding deposit only holds the Goods for 4 weeks from the payment of the deposit; and
18.4. NWMS reserves the right to refund a holding deposit and cancel any transaction for any reason.
19. NWMS reserves the right to, with Your full authority, which is hereby irrevocably given, enter Your premises (or the premises of any associated company or agent where the Goods are located) and, if necessary, with the assistance of a security agent who is similarly authorised by You to enter Your premises (including, where necessary, by picking or breaking the locks) without liability for trespass or any resulting damage and retake possession of the Goods and to keep or resell any repossessed Goods. Please note, this includes all of our Goods on hire with You.
20. Notwithstanding any other provision of these Terms, NWMS shall be entitled to maintain an action against You for payment of the price stated on our invoice.
21. The parties agree that for the purposes of PPSA 2009, these Terms and any agreement for the supply of Goods shall constitute a security agreement to secure payment of the purchase price and all of Your outstanding debts and obligations to NWMS from time to time and the Security Interest shall continue until all of Your debts and obligations are discharged.
22. NWMS will have a Purchase Money Security Interest (PMSI) in all Goods supplied in accordance with these Terms and NWMS Security Interest shall extend to the proceeds (including any accounts) of sale of the Goods and accessions.
23. You agree to do all things necessary, including providing all relevant information necessary to register a Financing Statement or a Financing Change Statement as a Security Interest in Your personal property, (and, if applicable, a Purchase Money Security Interest) on the Personal Property Securities Register (PPSR).
23.1 You will take all steps necessary to better secure any Collateral which secures or is intended to secure the supply of Goods pursuant to these Terms immediately and at Your own cost.
23.1 You must pay NWMS’s costs of any discharge or amendment of any Financing Statement or Financing Change Statement.
23.2 You agree that NWMS may take whatever action is appropriate to ensure that NWMS has first ranking priority in the Collateral and will indemnify NWMS for any costs.
23.3 You agree that where NWMS has any rights in addition to those conferred by Ch 4 of the PPSA 2009, those rights continue to apply.
23.4 Within two (2) business days of NWMS’s written request You will provide to NWMS copies of all documents granting Security Interests registered over its personal property and any Security Interests perfected by Possession or Control within the meaning of PPSA 2009.
23.5 You authorise NWMS (as your agent) to request any information under s275 of PPSA 2009 from any Secured Party relating to any Security Interest.
23.6 You will give NWMS not less than seven (7) days prior written notice of any proposed change in Your name, address, email address, facsimile number, ACN or ABN, company registration or any other details required for requisition on the PPSR.
23.7 If You commingle the Goods with other property NWMS will have a Security Interest in any Processed and Commingled goods.
23.8 You acknowledge that the Goods are not intended, and shall not be used, for personal, household or domestic use.
23.9 You agree that, to the maximum extent permitted by law, sections 130, 142 and 143 of PPSA 2009 will not apply to any Security Interest.
23.10 You agree, to the maximum extent permitted by law, to waive the right to do any of the following and to contract our of those sections of the PPSA 2009:
(a) Request a statement of account under s132(4) if there is no disposal of the Goods;
(b) Give notice objecting to NWMS’s proposal to retain or dispose of any of the Goods under s137;
(c) Receive notice of removal of an Accession refuse permission to remove an Accession, or seek damages relating to the removal of an Accession;
(d) Receive a verification statement or notice in relation to any Financing Statement or Financing Change Statement in respect to the Security Interest created pursuant to theses Terms;
(e) Receive a notice from NWMS under s118, 121, 129 or 130;
(f) Receive a notice from NWMS of seizure of Goods under s123;
(g) Receive a statement of account showing the amounts paid to the other secured parties after disposal of the Goods under s132;
(h) Receive a notice of retention of the Goods under s134 and s135;
24. Unless otherwise stated the price stated by NWMS in the offer is exclusive of Goods and Services Tax (GST).
25. The price or any part of the price and all other amounts payable to NWMS shall be paid in full and without deduction by You by way of set-off or counter-claim, unless You have received the prior written authority of NWMS.
26. Save as provided in these terms and conditions, You hereby release NWMS from all liability and indemnifies NWMS in respect of any claim, action or suit for loss or damage (including consequential loss or damage) by reason of delay, faulty or defective materials or workmanship or any act of negligence or omission by NWMS its servants or agents.
27. To the extent permitted by law, NWMS’s liability for a breach of these terms, including for a breach of a condition or warranty implied by Pt 3-2 Div 1 of the Australian Consumer Law or pursuant to section 274 of the Australian Consumer Law, is limited to:
27.1 In the case of Goods, any one or more of the following: (a) the replacement of the Goods or the supply of equivalent Goods; (b) the repair of the Goods; (c) the payment of the cost of replacing the Goods or of acquiring equivalent Goods; (d) the payment of the cost of having the Goods repaired; or; whichever is the lesser amount
27.2 In the case of Services: (a) the supplying of the Services again; or (b) the payment of the cost of having the Services supplied again. at NWMS’s sole discretion.
28. NWMS is not liable for any prospective profits, or special indirect or consequential damages, or any general loss or damage, or for any expense resulting from use by You or others of defective Goods.
29. NWMS’s liability is limited to the amount identified in the preceding paragraph. You must first obtain NWMS’s prior written authority to return the Goods to NWMS. You must pay the return delivery costs for returning the goods to our nearest branch.
30. If for any reason beyond NWMS’s control, NWMS’s performance is delayed or impeded, NWMS may cease or suspend work (at its absolute discretion) provided always that You shall pay any part invoice and shall pay all charges and expenses incurred and moneys paid by NWMS in respect thereof.
31. NWMS may vary or withdraw any credit facility at its unfettered discretion, without liability to You or any other party.
32. Goods obtained at the purchaser’s request are non-returnable, and
32.1 NWMS is not under any duty to accept any Goods returned by You and will do so only on terms to be agreed in writing in each individual case.
32.2 If NWMS agrees to accept returned Goods from You, You must return the Goods to NWMS at its place of business referred to in these Terms and You shall bear the cost of transit (if any) for the return of the Goods and a restocking fee.
33. No order may be cancelled except with NWMS’s consent in writing and on terms which will indemnify NWMS against all losses resulting from such cancellation.
34. If You shall default in any obligation, NWMS shall have the right to determine this contract where the default shall remain unremedied for a period of 14 days following the provision of notice in writing.
35. No relaxation by NWMS of Your obligations under this contract shall be regarded as a waiver of NWMS’s right to enforce those obligations on a subsequent occasion.
36. The Terms shall be construed according to the laws of the State of New South Wales and the parties submit to the jurisdiction of the Courts of the State of New South Wales.
37. To the extent possible, any part of this contract may be severed without affecting any other part.
38. To comply with the Privacy Act 1988, You agree that NWMS may:
38.1 Check personal information about You with any credit provider pursuant to the Privacy Act 1988; and
38.2 Give information about You to a credit reporting agency (Section 18E(8)(C) Privacy Act 1988), but only limited kinds of information described in that Act.
40. Please note the below further conditions/conditions of entry apply to all NWMS branches across Australia as well as associated storage yards being used by NWMS:
40.1. All visitors must report to front office on arrival;
40.2 No smoking, lighting of fires;
40.3 Children and animals to remain in vehicle unless accompanied by an adult;
40.4 Wear suitable enclosed footwear;
40.5 Follow instructions given by staff and please respect their work. Abusive language / behaviour is not tolerated;
40.6 Abide by site signs and speed limits -ask staff if you are unsure;
40.7 You must not behave in a manner that is likely to injure, endanger, obstruct, inconvenience or cause fear or annoyance to another person;
40.8 No unauthorized entry after business hours; and
40.9 Any item stored or left on this site for more than six (6) months will be considered abandoned and become the property of the land owner(storage fees may apply).