Project Terms & Conditions

1. TERMS AND CONDITION TO APPLY
Inzant Sales Pty Limited (ABN 69 634 297 386) the "Company", and the Buyer agree that these terms and conditions ("Sales Conditions") shall apply to the supply of all goods sold and services provided by the Company to the Buyer ("Goods") and will supersede any prior agreements, offers, dealings or trade usage, or any terms communicated by the Buyer to the Company. These Sales Conditions will only be varied by writing  and signed by an authorised or Services representative of the Buyer and the Company.


2. QUOTATIONS/ORDERS
If the Company has provided a quotation or tender for Goods and Services ("Quotation"), the Quotation is valid for acceptance by the  Buyer within 30 days. If the Buyer has made an order for Goods and Services ("Order") the Order is subject to acceptance in writing by the  Company.


3. PRICE
If the Company has provided a Quotation for Goods and Services or the Company has accepted an Order, the price actually payable for the Goods and Services is the Company's current prices as at the date of the Buyer's acceptance of the Quotation and the Company's acceptance of the Order, respectively.


4. VARIATION OR CANCELLATION
On acceptance by the Buyer of the Quotation or the Company of the Order:

  1. No change in the specifications of the Goods and Services will bind the Company, unless agreed to, in writing, by the Company; and
  2. If the Buyer cancels an Order it will pay the Company any and all damage and expense incurred by the Company in relation to the Goods and Services.


5. PAYMENT

  1. Unless otherwise expressly stated, the Buyer shall pay for the Goods and Services within 14 days from the date of the invoice.
  2. Time is of the essence in relation to the payment of Goods and Services
  3. If payment is not paid when due, the Buyer shall pay interest on daily balances on the amount unpaid from the date due for payment until paid at the rate of 2% over the overdraft rate quoted to the Company by its bankers.


6. DELIVERY 

  1. The Company will use all reasonable endeavours to deliver Goods and Services on the agreed date ("Delivery Date"), but:
  2. The Delivery Date is subject to extension for any delay caused by strikes, lockouts, war, breakdown, accidents, delays in transport, fire or any cause beyond the reasonable control of the Company; And 
  3. The Company will not be liable for any loss, damage or other liability (whether in contract, tort or otherwise) and whether direct or indirect arising out of delay in delivery.
  4. The Company may deliver the Goods and Services in instalments, which the Company may separately invoice. 


7. RISK AND PROPERTY IN GOODS AND SERVICES

  1. All risk of loss or damage will pass to the Buyer upon delivery of the Goods and Services.
  2. The Company retains full title to the Goods and Services until the Company receives payment in full for those Goods and Services, and until such time the Buyer will not sell, encumber or dispose of the Goods and Services and will keep the Goods safely, securely and separately stored in a manner which clearly indicates that they belong to the Company.


8. WARRANTIES 
Subject to clause 10(a), the Company warrants the Goods and Services will conform to the specifications expressly agreed to in writing by the Company.


9. LIABILITY
The Buyer agrees that:

  1. The Company shall not be liable for any error, omission or inaccuracy in the drawings or the specifications provided or approved by the Buyer
  2. Except to the extent set out in clause 9 or prohibited by law, the Company makes no warranty or representation in relation to the Goods and Services and any conditions or warranties otherwise implied by statute or any other law are expressly excluded.
  3. The only remedy of the Buyer against the Company for any loss, damage or liability (whether in contract, tort (including negligence or otherwise) for loss of profits or production or any indirect or consequential damages of the Buyer shall be limited to the Company, at its option, to replacing or repairing or resupplying the Goods and Services at the point of manufacture or delivery.


10. BUYER'S INDEMNITY 
The Buyer indemnifies the Company, its agents and employees against all claims, demands, actions, costs (including legal costs), charges, expenses, loss, damages or other liability arising from any:

  1. Loss or damage to any property or the death of or injury to any person in connection with the supply or use of any of the Goods and Services; or
  2. The Company infringing any patent, design or other intellectual property supplied by the Buyer.


11. DEFAULT, INSOLVENCY AND TERMINATION
If the Buyer:

  1. Commits a substantial breach of the Sale Conditions, including unreasonably refusing to accept or failing to accept any of the Goods and Services;
  2. Becomes bankrupt, insolvent or a liquidator, receiver, manager, administrator is appointed or an application for winding up is made in relation to the Buyer or the Buyer enters into a composition or arrangement with creditors the Company may: 
  3. Immediately terminate the sale of any of the Goods and Services, by notice in writing to the Buyer:
  4. Refuse, suspend or withhold further supply of the Goods and Services; or
  5. Enter upon (either personally or by its agents) any premises in the possession or control of the Buyer and use reasonable force for the purposes of retaking possession of any Goods and Services.


12. CHARGES AND TAXES
Unless otherwise expressly stated, the price of the Goods and Services excludes all charges in relation to transportation, packing, crating, insurance, storage, demurrage, delivery and all taxes and duties.


13. DEFECTIVE GOODS AND SERVICES
The Buyer will complete inspection of the Goods and Services after their delivery to the agreed location. The Buyer unconditionally accepts the Goods and Services unless it makes a claim in writing to the Company within 14 days of delivery.


12. SUBCONTRACTING
Unless otherwise agreed in writing the Company may, without the Buyer's consent, engage contractors to carry out the whole or any part of supply or manufacture of the Goods and Services.


15. GOVERNING LAW
The laws of the State of Territory in which the office of the Company which issued the Quotation or accepted the Order shall apply to these Sale Conditions and the parties submit to the jurisdiction of the courts in that State or Territory.

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