Please take a moment to read our Terms & Conditions
Terms & Conditions
1.) In these conditions:
- 'Vendor' means Hardman Chemicals Pty Ltd which is the seller of the goods.
- ‘Purchaser’ means the purchaser of the goods specified on the invoice.
- ‘Goods’ means the products and, if any, services specified on the invoice.
Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.
2.) These conditions (which shall only be waived when in writing and signed by the Vendor) shall prevail over all conditions of the Purchaser’s order to the extent of any inconsistency.
TERMS OF SALE +
3.) The goods and all other products sold by the Vendor are sold on these terms and conditions. The Vendor's liability is limited to within a period of twelve calendar months after the Goods have been despatched.
VENDOR’S QUOTATIONS +
4.) Unless previously withdrawn, Vendor’s quotations are open for acceptance within the period stated therein or, when no period is so stated, within 30 days only after its date. The Vendor reserves the right to refuse any order based on this quotation within seven days after the receipt of the order.
5.) The Purchaser waives any claim for shortage of any Goods delivered if a claim in respect thereof has not been lodged in writing with the Vendor within seven days from the date of receipt of goods by the Purchaser.
6.) All drawings, catalogues, printed matter and other documents provided by the Vendor to the Purchaser, whether before or after the sale of the Goods, are for information purposes only and the weights, measurements, powers, capacities or other particulars of the Goods set out therein are stated in good faith and any inaccuracies shall not render any contract void or vitiate the contract nor form the basis of any claim against the Vendor nor be used to justify rejection of the Goods. Any statements, representations, inducements or conversations not embodied in writing and accepted by the Vendor are expressly excluded from the terms of any contract between the Purchaser and the Vendor and shall not be part of any contract.
TECHNICAL ADVICE +
7.) The Vendor assumes no liability (whether for negligence or otherwise) for any technical advice or assistance given or the results obtained therefrom and any such advice is given and accepted at the Purchaser’s risk.
8.) The delivery times made known to the Purchaser are estimates only and Vendor shall not be liable for late delivery or non-delivery and under no circumstances shall the Vendor be liable for any loss, damage or delay occasioned to the Purchaser or its customers arising from late or non-delivery or late installation of the Goods.
LOSS OR DAMAGE IN TRANSIT +
9.) The Vendor is not responsible for any loss or damage to Goods in transit which were sold on an ex-works basis. The Vendor shall render the Purchaser such assistance as may be necessary to press claims on carriers provided the Purchaser shall have notified the Vendor and the carriers in writing immediately any loss or damage is discovered on receipt of Goods and shall lodge a claim on the carrier within three days of the date of receipt of the Goods.
10.) A) Certain legislation (including the Trade Practices Act 1974 as amended) has the effect of giving a buyer certain rights which cannot be excluded, restricted or modified by agreement. The provisions of any contract must therefore be read having regard to such legislation to the extent required by law and all rights other than those rights which cannot be excluded, restricted or modified by agreement are hereby excluded.
Subject to the rights so conferred upon the Purchaser and the restrictions so imposed upon the Vendor (to the extent that such rights and restrictions are applicable) as set out in the foregoing any warranties and representations on the part of the Vendor whether express or implied, statutory or otherwise, whether collateral or antecedent hereto or otherwise are hereby expressly excluded.
b) The Vendor shall be under no liability to the Purchaser or any other persons for any loss (including but not limited to loss of profits and consequential loss) or damage suffered by the Purchaser or any other persons or death or injury caused to the Purchaser or any other person which is caused by any act or omission of the Vendor, its servants or agents whether negligent or otherwise which act or omission in any way relates to the supply or non-supply of Goods or the performance or non-performance of any services contemplated by a contract.
c) Without in any way limiting the generality of the foregoing the Vendor shall be not liable for any defect or defects in the Goods.
d) The Purchaser hereby agrees to indemnify the Vendor against any claims made against the Vendor by any third party in respect of any loss, damage, death, injury, defect or defects referred to by paragraphs 10b) and 10c).
e) Section 68A of the Trade Practices Act 1974 as amended has the effect of enabling the suppliers of goods or services (not being goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption) to limit their liability in certain circumstances for breach of certain of the conditions and warranties implied by the Act. Subject to the qualifications contained in Section 68A of the Act should the Vendor be liable for breach of a condition or warrant implied by Division 2 of Part B of the Act (not being a condition or warranty implied by Section 69 of the Act) the Vendor’s liability for such breach shall be limited to:
In the case of Goods, any one of the following as determined by the Vendor:
- The replacement of the Goods or the supply of equivalent Goods; or
- The repair of Goods; or
- The payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
- The payment of the cost of having the Goods repaired.
In the case of services, any one of the following as determined by the Vendor:
- The supply of the services again; or
- The payment of the cost of having the services supplied again.
The Vendor’s liability under a 74H of the Trade Practices Act 1975 is expressly limited to a liability to pay to the
purchaser an amount equal to:
- The cost of replacing the goods;
- The cost of obtaining equivalent goods; or
- The cost of having the Goods repaired, whichever is the lowest amount.
12.) Unless otherwise stated all prices quoted by the Vendor are net, exclusive of sales tax. Prices quoted are those ruling at the date of issue of quotation and are based on rates of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage rate of weights, cost of materials and other charges affecting the cost of production ruling on the date is made and any alterations thereto either before acceptance of or during the currency of the contract shall be to the Purchaser’s account.
13.) The purchase price in relation to Goods shall be payable net and payment thereof shall be made on or before the thirtieth day of the month next following the delivery of the goods unless other terms of payment are expressly stated herein in writing.
OWNERSHIP AND TITLE +
14.) A) Title shall not pass to the buyer in respect of the Goods sold under the Vendor's invoice unless and until all monies due and payable by the Purchaser to the Vendor, in respect of those Goods supplied under that Vendor's invoice or any other Vendor's invoice, have been paid in full.
b) Until title to the Goods passes to the Purchaser, the Purchaser shall be a Bailee of the Goods for the Vendor and shall not be able to pass title to the Goods to any third party. The Purchaser shall retain the Goods separately and apart so that they can remain clearly identifiable as the property of the Vendor.
PURCHASER’S PROPERTY +
15.) Any property of the Purchaser under the Vendor’s custody or control shall be entirely at the Purchaser’s risk as regards loss or damage caused to the property or by it.
16.) The Vendor reserves the right to make a reasonable charge for storage if delivery instructions are not provided by the Purchaser within fourteen days of a request by the Vendor for such information.
RETURNED GOODS +
17.) The Vendor shall not be under any obligation to accept Goods returned by the Purchaser and will do so only on terms to be agreed in writing in each individual case.
GOODS SOLD +
18.) All goods sold to be supplied by the Vendor shall be as described on the purchase order agreed by the Vendor and Purchaser and the description on such purchase order modified as so agreed shall prevail over all other descriptions including any Purchaser’s specification or enquiry.
FORCE MAJEURE +
19.) Deliveries may be totally or partially suspended by the Vendor during any period in which the Vendor may be prevented or hindered from delivering by the Vendor’s normal means of supply or delivering by normal route through any circumstances outside its reasonable control, including but not limited to strikes, lockouts, raw material shortages, accidents or breakdowns of plant or machinery. However, during the period of total or partial suspension of delivery, the Purchaser may purchase elsewhere, at its own cost and risk, such quantities of alternative goods as may be necessary to cover its requirements during such period in substitution for the goods not delivered by the Vendor. Whether or not the Purchaser makes these arrangements the Vendor shall not be under any liability in respect of such suspensions, and in particular the Vendor shall be under no obligation to deliver at any future date any goods not delivered during the period of suspension.
20.) No order may be cancelled except with consent in writing and on terms which will indemnify the Vendor against all losses.
PLACE OF CONTRACT +
21.) The contract for sale of the goods is made in the State of Australia from which this document is issued and the parties agree to submit all disputes arising between them to the Courts of such State at any Court competent to hear appeals therefrom.