TERMS OF SALE
- The goods and all the products sold by Tractor Replacements NSW Pty Ltd (TRNSW) are sold on these terms and conditions.
- 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.
- The buyer waives any claim for shortage for any goods delivered if a claim for short delivery has not been lodged with Tractor Replacements within 7 days from the date of receipt of goods by the buyer.
- Any performance figures given by TRNSW are estimates only. TRNSW is under no liability for damages for failure of the goods to attain such figures unless specifically guaranteed in writing. Any such written guarantees are subject to the recognized tolerances applicable to such figures.
- TRNSW liability for goods manufactured by it is limited to making good any defects by repairing the defects or at TRNSW option by replacement, within a period not exceeding 12 calendar months after the goods have been dispatched so long as:
- Defects have arisen solely from faulty materials or workmanship;
- The goods have not received maltreatment, inattention or interference;
- Accessories of any kind used by the buyer are manufactured by or approved by TRNSW;
- The seals of any kind on the goods remain unbroken; and
- The defective parts are properly returned free of cost to TRNSW
- If the goods are not manufactured by TRNSW the guarantee of the manufacturer of those goods is accepted by the buyer and is the only guarantee given to the buyer in respect of the goods. TRNSW agrees to assign to the buyer on request made by the buyer the benefit of any warranty or entitlement to the goods that the manufacturer has granted to TRNSW under any contract or by any implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.
- TRNSW is not liable for and the buyer releases TRNSW from any claim in respect of faulty or defective design of any goods supplied unless such design has been wholly prepared by TRNSW and the responsibility for any claim has been specifically accepted by TRNSW in writing. In any event TRNSW liability under this paragraph is limited strictly to the replacement of the defective parts in accordance with clause 5 above.
- TRNSW liability for a breach of a condition or warranty implied by law is limited to:
- The replacement of the goods or the supply of equivalent goods;
- The repair of the goods;
- The payment of the cost of replacing the goods or of acquiring equivalent goods;
- The payment of the costs of having the goods repaired.
- Unless otherwise stated all prices quoted by TRNSW are Nett, exclusive of goods and services tax (GST).
- Payment of the price of the goods must be made within 30 days of the delivery of the goods unless other terms of the payment are expressly stated between TRNSW and the buyer in writing.
RIGHTS IN RELATION TO GOODS
- TRNSW reserves the following rights in relation to the goods until all accounts owed by the buyer to TRNSW are fully paid:
- Ownership of the goods;
- To enter the buyers premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the goods; and
- To keep or resell any goods repossessed pursuant to (b) above.
- TRNSW reserves the right to make a reasonable charge for storage if delivery instructions are not provided by the buyer within 14 days of a request by TRNSW for such instructions. The buyer agrees that TRNSW may charge for storage from the first day after it requests the buyer to provide delivery instructions.
- Goods returned to TRNSW must be new condition and must be returned in 30 days of purchase. If TRNSW accepts the return of the goods, TRNSW shall issue the buyer with a credit note for the value of the goods returned less a 10% return fee.
- TRNSW will not accept the return of the following types of goods under any circumstances:
- Items specially procured at the request of the buyer;
- Items manufactured on request;
- Oil seals, “O” rings and gaskets;
- Ball, taper, needle and general bearings;
- Hydraulic hoses;
- Items supplied to a cut length at the request of the buyer;
- All electrical equipment, including bulbs, fuses, sensors, controllers and other electrical items.