Terms of service

TERMS AND CONDITIONS

The terms and conditions set out below will apply (Terms & Conditions) to the purchase of any Goods and/or Services from Magnum MFG Pty Ltd ACN 112 862 469 (Magnum MFG) and the acceptance of any Sales Order or Invoice will be evidence of the Customer’s agreement to these Terms & Conditions.

1. DEFINITIONS

1.1 ACL means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
1.2 Customer means the customer as described on the Sales Order or Invoice or other form as provided by Magnum MFG to the Customer or any person acting with the authority of the Customer;
1.3 Goods means all Goods supplied by Magnum MFG to the Customer and/or as described on the Sales Order or any Invoice or any other form as provided by Magnum MFG to the Customer;
1.4 GST means any tax imposed by or through the GST Law on a supply (without regard to any input tax credit) including, where relevant, any related interest, penalties, fines or other charges to the extent they relate to a supply under these Terms & Conditions;
1.5 GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) together and any regulations made pursuant to it;
1.6 Invoice means an invoice for Goods or Services in the format required by Magnum MFG from time to time;
1.7 PPSA means the Personal Property Securities Act 2009 (Cth) and any regulations made pursuant to it;
1.8 Price means the price payable for the Goods and/or Services as described on the Sales Order or any Invoice or otherwise as agreed between Magnum MFG and the Customer in accordance with these Terms & Conditions;
1.9 Sales Order means the sales order for the Goods and/or Services issued by Magnum MFG to the Customer; and
1.10 Services means all services supplied by Magnum MFG to the Customer as described in the Sales Order and any Invoices or any other forms as provided by Magnum MFG to the Customer.

2. ACCEPTANCE

2.1 Any instructions received by Magnum MFG from the Customer for the supply of Goods and/or Services and the Customer’s acceptance of Goods and/or Services supplied by Magnum MFG will constitute acceptance of these Terms & Conditions.
2.2 Where more than one (1) Customer has entered into these Terms & Conditions, the Customers will be jointly and severally liable for all payments of the Price and any other monies payable by the Customer pursuant to the Terms & Conditions.
2.3 Upon acceptance of these Terms & Conditions by the Customer, the Terms & Conditions are binding and can only be amended with the written consent of Magnum MFG.
2.4 Goods and Services are supplied by Magnum MFG only on these Terms & Conditions to the exclusion of anything to the contrary in the terms of the Customer’s order notwithstanding that any such order is placed on terms that purport to override these Terms & Conditions.

3. SALES ORDER

3.1 Magnum MFG reserves the right to accept or reject any Sales Order it receives. Until Magnum MFG accepts in writing any Sales Order submitted, Magnum MFG is not obliged to provide any Goods or Services.
3.2 If the order is accepted by Magnum MFG for Goods and/or Services, within a reasonable time of written acceptance, Magnum MFG will endeavor to issue a Sales Order but is not obligated to do so.
3.3 If a Sales Order is accepted by Magnum MFG for Goods and/or Services, the Customer cannot cancel the Sales Order unless otherwise agreed to by Magnum MFG in writing. If, with the written consent of Magnum MFG, the Customer cancels the Sales Order after the date that the Sales Order was accepted by Magnum MFG, the Customer will forfeit any deposit paid for that order, and the provisions of clause 15 will apply.
3.4 If the Customer defaults under these Terms & Conditions, Magnum MFG may cancel, suspend, or vary the terms and conditions of any incomplete order that has been accepted by Magnum MFG without notice to the Customer and without being liable to the Customer.
3.5 Magnum MFG is not responsible to the Customer for a breach of its obligation to supply the Goods and/or Services pursuant to a Sales Order Magnum MFG has accepted, or for any delay in delivery or supply, if the failure or delay is caused by matters beyond the reasonable control of Magnum MFG (including but not limited to acts of God, acts of government, war or other hostility, national or international disaster, fire, explosion, pandemic, power failure, equipment failure, strike or lockout, inability to obtain necessary supplies and any other force majeure occurrence).

4. PRICE AND PAYMENT

4.1 At Magnum MFG’s sole discretion, the Price will be either:
4.1.1 Magnum MFG’s quoted Price on its Sales Order (as varied in accordance with these Terms & Conditions); or
4.1.2 as indicated on Invoices provided by Magnum MFG to the Customer in respect of Goods or Services supplied; or
4.1.3 Magnum MFG’s Price at the date of delivery of the Goods or the date of completion of the Services according to Magnum MFG’s current price list.

4.2 At Magnum MFG’s sole discretion:

4.2.1 a non-refundable deposit may be required;
4.2.2 payment will be due on order or delivery of the Goods or supply of the Services as determined by Magnum MFG;
4.2.3 payment will be due before delivery of the Goods or supply of the Services; or
4.2.4 payment will be due on the terms of any terms of credit entered into between Magnum MFG and the Customer
(to be determined solely at the discretion of Magnum MFG and subject to satisfactory credit approval of the Customer).

4.3 Payment will be made by cash, or by check, or by bank check, or by direct credit, or by any other method as agreed to between the Customer and Magnum MFG. All Prices are in Australian Dollars ($) and payments are only accepted and processed in Australian Dollars ($).


4.4 Time for payment for the Goods and/or Services will be of the essence. If no time is stated on the Invoice or Sales Order, payment will be required:

4.4.1 before delivery of the Goods or supply of the Services; or
4.4.2 if the purchase of the Goods or Services is on an approved term of credit, within thirty (30) days from the
date of purchase.
4.5 Unless otherwise stated, GST and other taxes and duties that may be applicable to the sale of the Goods or supply of the Services will be added to the Price except where they are expressly included in the Price.

5. DEFAULT

5.1 Interest on overdue invoices will accrue daily from the date when payment becomes due, until the date of payment, at a rate of fifteen percent (15%) per annum (and at Magnum MFG’s sole discretion such interest will compound monthly) after as well as before any judgment.

5.2 In the event that the Customer’s payment is dishonoured for any reason, the Customer will be liable for any dishonour fees incurred by Magnum MFG.

5.3 The Customer must pay to Magnum MFG all costs for the Goods and/or Services together with all other amounts referred to in these Terms & Conditions, including (but not limited to) the costs and expenses incurred by Magnum MFG in the exercise or attempted exercise by Magnum MFG of Magnum MFG’s rights under these Terms & Conditions, including collection agency fees and legal fees (calculated on a solicitor and own Customer basis) to the extent permitted by law.

5.4 Without prejudice to any other remedies Magnum MFG may have, if at any time the Customer is in breach of any obligation (including those relating to payment) Magnum MFG may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the Terms & Conditions, resell or dispose of the Goods and may enter the Customer’s premises to do so. Magnum MFG will not be liable to the Customer for any loss or damage the Customer suffers because Magnum MFG has exercised its rights under this clause.

5.5 Without prejudice to Magnum MFG’s other remedies at law, Magnum MFG will be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Magnum MFG will, whether or not due for payment, become immediately payable in the event that:

5.4.1 any money payable by the Customer to Magnum MFG becomes overdue, or in Magnum MFG’s opinion, the
Customer will be unable to meet its payments as they fall due; or
5.4.2 the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
5.4.3 receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

6. GST

6.1 Words used in this clause that are defined in the GST Act have the meaning given in that legislation.

6.2 Unless otherwise specified, all amounts payable under the Terms & Conditions are exclusive of GST and must be calculated without regard to GST.

6.3 If a supply made under these Terms & Conditions is a taxable supply, the recipient of that taxable supply (Recipient) must, in addition to any other consideration, pay to the party making the taxable supply (Supplier) the amount of GST in respect of the supply.

6.4 The Recipient will only be required to pay an amount of GST to the Supplier if and when the Supplier provides a valid tax invoice to the Recipient in respect of the taxable supply.

6.5 If there is an adjustment to a taxable supply made under these Terms & Conditions then the Supplier must provide an
adjustment note to the Recipient.

6.6 The amount of a party’s entitlement under these Terms & Conditions to recovery or compensation for any of its costs, expenses or liabilities is reduced by the input tax credits to which that party is entitled in respect of those costs, expenses or liabilities.

7. DELIVERY OF GOODS

7.1 Time of delivery is not of the essence of the Contract. Any date for delivery provided by Magnum MFG is an estimate only and subject to change.

7.2 Magnum MFG will endeavour to deliver the Goods by any estimated delivery date but will not be liable for any loss, damage or delay occasioned by failure to deliver on any estimated delivery date.

7.3 Delivery of the Goods will take place when the Customer takes possession of the Goods, either:

7.3.1 by collecting the Goods from Magnum MFG’s business premises;
7.3.2 by delivery of the Goods to the Customer’s nominated address;
7.3.3 if the Customer has nominated a carrier to pick up the Goods, when the carrier has taken possession of the Goods in which event the carrier is deemed to be the Customer’s agent, or
7.3.4 as otherwise agreed upon in writing between Magnum MFG and the Customer.

7.4 If the Customer is unable to take delivery of the Goods under clause 7.3 as arranged, Magnum MFG will be entitled to charge a reasonable fee for the redelivery of the Goods.

7.5 Unless stated otherwise, the cost of delivery is not included in the Price for the Goods. 

7.6 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of these Terms & Conditions. 

7.7 Magnum MFG may, in its sole discretion, deliver the Goods by
separate instalments.

7.8 Where the Customer expressly requests Magnum MFG to deliver the Goods to an unattended location, such Goods will be left at the nominated location at the Customer's sole risk.

7.9 The failure of by Magnum MFG to deliver the Goods or any of the Goods will not entitle either party to treat these Terms & Conditions as repudiated.

7.10 Magnum MFG will not be liable for any loss or damage due to failure by Magnum MFG to deliver any of the Goods promptly or at all as a result of circumstances beyond the control of Magnum MFG.

 

8. SUPPLY OF SERVICES

8.1 Where applicable, Magnum MFG is engaged to provide the Services to the Customer.

8.2 The Customer may by notice in writing to Magnum MFG request that Magnum MFG change the scope of the Services.

8.3 Unless it is not reasonably practicable for Magnum MFG to do so, Magnum MFG will give effect to any change to the Services requested by the Customer which is within the general scope of the Services.

8.4 Where a change or variation to the Services is requested by the Customer or required by Magnum MFG, Magnum MFG will be entitled to an adjustment of the Price by a reasonable amount reflecting the increased costs of performing the Services and a reasonable extension of time for providing the Services.

8.5 Any variation must be authorised by Magnum MFG in writing and signed by all parties.

9. TITLE

9.1 Ownership of any Goods will not pass until the Customer has paid Magnum MFG all amounts owing for the Goods and the Customer has met all other obligations due by the Customer to Magnum MFG in respect of all contracts or arrangements between Magnum MFG and the Customer.
9.2 Magnum MFG’s title or rights in the Goods will continue until any form of payment by a Customer has been received, honoured, cleared or acknowledged by Magnum MFG.
9.3 The parties acknowledge and agree as follows:
9.3.1 where practicable the Goods will be kept separate and identifiable until Magnum MFG has received payment and all other obligations of the Customer are met; and
9.3.2 until such time as ownership of the Goods passes from Magnum MFG to the Customer, Magnum MFG may
give notice in writing to the Customer to return the Goods or any of them to Magnum MFG. Upon such
notice, the rights of the Customer to obtain ownership or any other interest in the Goods will cease.

10. RISK

10.1 Where the Customer has purchased Goods, then notwithstanding clause 9 all risk in the Goods passes to the
Customer on either:
10.1.1 collection of the Goods from Magnum MFG’s business premises; or
10.1.2 on delivery of the Goods, whichever is agreed upon by the parties in writing and in accordance with these Terms & Conditions.

10.2 If the Goods have been collected or delivered but ownership has not yet passed to the Customer in accordance with clause 9, the Customer must store the Goods in a way which clearly manifests Magnum MFG’s title. The Customer agrees and acknowledges that the Customer holds the Goods as bailee of Magnum MFG and that a fiduciary relationship exists between them.

10.3 The Customer agrees to arrange insurance over the Goods from the date risk passes to the Customer and indemnifies Magnum MFG for any claims made from such date.

10.4 If any of the Goods are damaged or destroyed following collection or delivery (whichever is applicable) but prior to title passing to the Customer, Magnum MFG is entitled to receive all insurance proceeds payable for the Goods.
10.5 The production of these Terms & Conditions by Magnum MFG is sufficient evidence of Magnum MFG’s rights to receive the insurance proceeds without the need for any person dealing with Magnum MFG to make further enquiries.
10.6 Where the Customer expressly requests Magnum MFG to leave the Goods outside Magnum MFG’s premises for collection or to deliver the Goods to an unattended location then such Goods will be left at the Customer’s sole risk and it will be the Customer’s responsibility to ensure the Goods are insured adequately or at all.

11. PPSA

11.1 In this clause:
11.1.1 security agreement means the security agreement under the PPSA created between the Customer and Magnum MFG by the Terms & Conditions; and 11.1.2 security interest has the meaning given to it by the PPSA.
11.2 If Chapter 4 of the PPSA applies to the enforcement of a Security Interest arising under or in connection with the Terms & Conditions, the Customer agrees the following provisions of the PPSA will not apply to the enforcement of that Security Interest:

11.2.1 section 95 (notice of removal of accession), to the extent that it requires Magnum MFG to give the Customer a notice;

11.2.2 section 96 (when a person with an interest in the whole may retain accession);
11.2.3 subsection 121(4) (enforcement of liquid assets – notice to grantor);
11.2.4 section 125 (obligation to dispose of or retain collateral);
11.2.5 section 130 (notice of disposal), to the extent that it requires Magnum MFG to give the Customer a notice;
11.2.6 paragraph 132(3)(d) (contents of statement of account after disposal);
11.2.7 subsection 132(4) (statement of account if no disposal);
11.2.8 section 142 (redemption of collateral); and
11.2.9 section 143 (reinstatement of security agreement).

11.3 Where a person is a controller in relation to the Goods, the parties agree that Part 4.3 of the PPSA will not apply to the enforcement of any Security Interest in the Goods by that controller.

11.4 Notices or documents required or permitted to be given to Magnum MFG for the purposes of the PPSA must be given in accordance with the PPSA.

11.5 The Customer consents to Magnum MFG effecting a registration on the PPSR (in any manner Magnum MFG considers appropriate) in relation to any Security Interest arising under or in connection with the Terms & Conditions and the Customer agrees to provide all assistance reasonably required by Magnum MFG to facilitate this.

11.6 The Customer waives its right to receive any notice under the PPSA (including notice of a verification statement) unless the notice is required by the PPSA and cannot be excluded.

11.7 The Customer acknowledges that if Magnum MFG’s interest under this agreement is a Security Interest for the purposes of the PPSA:

11.7.1 that Security Interest relates to the Goods and all proceeds of any kind; and

11.7.2 these Terms & Conditions are a security agreement for the purposes of the PPSA.

12. ACL AND WARRANTIES

12.1 Magnum MFG’s Goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.

12.2 To the extent permitted by law and notwithstanding any other provisions of these Terms & Conditions, Magnum MFG will not be liable to the Customer in contract (including under any indemnity), tort (including in negligence or for breach of statutory duty) or otherwise, for any loss related to or connected with, either directly or indirectly, any supply pursuant to the Terms & Conditions.

12.3 Magnum MFG’s Services come with guarantees that cannot be excluded under the ACL. For major service failures, the Customer is entitled to: 

12.3.1 cancel these Terms & Conditions with Magnum MFG; and 
12.3.2 a refund for the unused portion, or to compensation for its reduced value.

12.4 The Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, the Customer is entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel these Terms & Conditions and obtain a refund for the unused portion of the Terms & Conditions.

12.5 Magnum MFG’s liability under s274 of the ACL is expressly limited to a liability to pay the Customer an amount equal to the cost of providing the Services again.

12.6 Nothing in these Terms & Conditions is intended to have the effect of contracting out of any statutory obligations that Magnum MFG has under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), except to the extent permitted by that Act where applicable.

12.7 Subject to Magnum MFG’s statutory obligations under the ACL, the following provisions apply.

12.8 Magnum MFG’s liability for a breach of a condition or warranty implied by Pt 3–2 Div 1 of the ACL is limited to:

12.8.1 in the case of Goods: any one (1) or more of the following: 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 cost of having the Goods repaired; and

12.8.2 in the case of Services: the supplying of the services again; or the payment of the cost of having the Services supplied again.

12.9 Subject to Magnum MFG’s statutory obligations under the ACL and except as provided in these Terms & Conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded.

12.10 Magnum MFG is not liable to the Customer for any physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of any Good or Service or arising out of negligence or in any way whatsoever.

12.11 Magnum MFG’s liability under section 274 of the ACL is expressly limited to a liability to pay the Customer an amount equal to:

12.11.1 the cost of replacing the Goods;

12.11.2 the cost of obtaining equivalent Goods; or
12.11.3 the cost of having the Goods repaired, whichever is the lowest amount.
12.12 To the extent permitted by law, Magnum MFG does not warrant the following:
12.12.1 normal fear wear and tear in the Goods;
12.12.2 defects, loss or damage caused directly or indirectly by or as a result of:
(a) any defect, deterioration, weakening or collapse of the structure to which the Goods is installed occurring at any time; (b) incorrect or improper installation by anyone other than Magnum MFG’s authorised representatives;

(c) any damage to or deterioration in the condition of the Goods occurring in transit by the Customer’s nominated or appointed carrier or occurring after delivery and prior to installation of the Goods;
(d) deterioration arising from or attributable to the installation of the Goods after it is known to be defective; or (e) external causes (dropping, accident, collision, fire, immersion in water, freezing or striking objects);
12.12.3 defects or deterioration which, in the opinion of Magnum MFG, have been caused by careless or improper handling, negligence, misuse, care or maintenance instructions, alterations or repairs carried out by anyone other than Magnum MFG’s authorised representatives, or by fair wear and tear;
12.12.4 where any part of the Goods has been modified, disassembled, misused, abused, damaged or not maintained in accordance with requirements and specifications for the Goods; or
12.12.5 any Goods that have undergone any type of service, maintenance or works by a party other than Magnum MFG or a third party approved by Magnum MFG.
12.13 The Customer acknowledges and agrees that they have had the opportunity to review the variety of Goods and Services offered by Magnum MFG together with its specifications and quality and that unless specifically stated otherwise, that the Good and Services are fit for use. Magnum MFG will not be liable to the Customer in any way for any costs, damage or loss of any kind whatsoever (including, without limitation, liability for direct, indirect, special or consequential loss or damage) incurred or sustained by the Customer or any third party arising from or in connection with the Goods and Services and any damage caused.
12.14 Magnum MFG does not have to repair or replace a Good under a warranty if the Good has been modified, disassembled, misused, improperly or inappropriately installed, operated or repaired, abused, damaged or not maintained in accordance with Magnum MFG’s and/or manufacturer’s instructions.
12.15 For the purpose of making any claim under this clause, the Customer must:
12.15.1 immediately upon becoming aware of circumstances giving rise to a claim, notify Magnum MFG in writing setting out full details of the claim;
12.15.1 provide Magnum MFG with proof of purchase of the Goods in relation to its claim; and
12.15.3 allow Magnum MFG, its employees and/or agents full and free access to the Goods in relation to which the claim is made and to the place where the Goods are located for the purpose of conducting any inspection and tests that Magnum MFG may in its absolute discretion consider necessary to determine whether the claim is justified or not.
12.16 Where a Good or any part of a Good is not manufactured by Magnum MFG, Magnum MFG:
12.16.1 will use all reasonable endeavours to assign to the Customer the benefit of any warranty in respect of that part of the Good;
12.16.2 is not responsible for the manufacture of such Goods;
12.16.3 is not responsible for the manufacturer warranty; and
12.16.4 is not responsible for the manufacturer’s compliance with the Australian Consumer Law.
12.17 Any warranty of Magnum MFG cannot be assigned or transferred to any third party.
12.18 This clause must be read in conjunction with any warranty statement provide by Magnum MFG in respect of the Goods and/or Services.

13. WARRANTY TIMEFRAMES

13.1 This clause is subject to clause 12.
13.2 Magnum MFG offers the following warranties timeframes on the Goods:
13.2.1 For all ISO 9001 certified Arrow Boards: (a) five (5) years on the LED’s which make up the combination of the different arrows; and (b) two (2) years on all other components.
13.2.2 For all other Goods that are used for private household and domestic use, twelve (12) months.
13.2.3 For all Goods that are used for commercial purposes, three (3) months.
13.3 All bonus accessories and gifts that are from time to time packaged with the Goods as part of any promotion or
otherwise (including but not limited to carry bags, cables, batteries, etc.) that do not form part of the Price are not covered by the above warranties.

14. REFUNDS AND RETURNS

14.1 Subject to Magnum MFG’s statutory obligations under the ACL and also subject to clause 12, if the Customer wishes to return any Goods purchased, the following provisions apply.

14.2 For the purposes of returning any Goods, the Customer must:

14.2.1 notify Magnum MFG in writing setting out full details of the reason for the return within seven (7) days of purchase;

14.2.2 provide Magnum MFG with proof of purchase of the Goods; and

14.2.2 allow Magnum MFG, its employees and/or agents full and free access to the Goods that are the subject of the
return request to conduct any inspection and tests that Magnum MFG may in its absolute discretion consider necessary to determine whether the Goods can be returned.

14.3 Magnum MFG is not liable to accept the return of any Goods if
the Customer has not complied with the requirements of clause 14.2. 

14.4 If Magnum MFG accepts the return of any Goods, the Customer:

14.4.1 will be responsible for the costs and risk associated with the return of the Good or Goods to Magnum MFG’s place of business; and

14.4.2 must pay a re-stocking fee of five percent (5%) of the original Price for the Good.

14.5 Any Goods that the Customer wishes to return must be packaged securely to prevent any damage to during the return. Failure to do so will result in the withholding by Magnum MFG of any refund amount payable to cover the costs of the damages to the Good.

15. CANCELLATION 

15.1 Where an order has been placed by the Customer for the purchase or delivery of Goods and/or supply of Services, Magnum MFG may cancel any order to which these Terms & Conditions apply or cancel delivery of Goods or supply of Services at any time before the Goods are delivered or the Services are supplied by giving written notice to the Customer. On giving such notice Magnum MFG will repay to the Customer any sums paid in respect of the Price. Magnum MFG will not be liable for any loss or damage whatsoever arising from such cancellation. 

15.2 Subject to clause 3.3, if the Customer cancels delivery of Goods or supply of Services, the Customer may be liable for any loss incurred by Magnum MFG (including, but not limited to, any loss of profits) up to the time of cancellation, which the parties agree shall be not less than twenty-five percent (25%) of the quoted Price.

16. PRIVACY

16.1 The Customer acknowledges it has read the Privacy Policy for Magnum MFG in conjunction with these Terms & Conditions.

17. NOTICE

17.1 Any notice, demand, termination procedure or other communication relating to these Terms & Conditions must be given by either being personally served on a party, being left at the party’s current address or being sent to a party’s current address by pre-paid ordinary mail or by facsimile to the party’s current number for service.

18. GENERAL

18.1 If any provision of these Terms & Conditions is invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.

18.2 If any provisions of these Terms & Conditions are inconsistent with the PPSA, the PPSA will prevail to the extent of that inconsistency.

18.3 The Customer shall not be entitled to set off against, or deduct from the Price any sums owed or claimed to be owed to the Customer by Magnum MFG nor to withhold payment of any Invoice because part of that Invoice is in dispute. 

18.4 The parties will promptly do and perform all further acts and execute and deliver all further documents required by law or reasonably requested by any other party to carry out and effect the intent and purpose of these Terms & Conditions. 

18.5 Any variation of or to these Terms & Conditions will not have any effect whatsoever unless such variation is reduced to writing and signed by Magnum MFG and the Customer and the variation is authorised by the Terms & Conditions.

18.6 To the extent permitted by law:

18.6.1 Magnum MFG will be under no liability whatsoever to  the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Magnum MFG of these Terms & Conditions; and 

18.6.2 In the event of any breach of this contract by Magnum MFG the remedies of the Customer will be limited to damages which under no circumstances will exceed the Price of the Goods. 

18.7 Failure of Magnum MFG to exercise any or all of its rights or powers under the Terms & Conditions at any time and for any period of time shall not constitute a waiver of any of Magnum MFG’s rights or powers arising pursuant to these Terms & Conditions. 

18.8 This document will be governed by the law of Queensland and are subject to the jurisdiction of the courts in Queensland.

18.9 The Customer agrees that Magnum MFG may review these Terms & Conditions at any time. If, following any such review, there is to be any change to these Terms & Conditions, then that change will take effect from the date on which Magnum MFG notifies the Customer of such change. The Customer will be under no obligation to accept such changes except where Magnum MFG supplies further Goods to the Customer and the Customer accepts such Goods.

18.10 Neither party will be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, pandemic, storm or other event beyond their reasonable control.

18.11 These Terms & Conditions together with any warranty statement provided by Magnum MFG constitutes the entire agreement between the parties regarding the matters set out in it and supersedes any prior representations, understandings or arrangements made between the parties, whether orally or in

 

ADDITIONAL DOCUMENTS:

  • Download Warranty Document in PDF: To download a complete copy of the warranty statement in PDF format, click the following link: Download Warranty in PDF

  • Terms and Conditions: To access the terms and conditions, please click on the following link: Terms and Conditions