Terms and Conditions of Sale
Author: Matthew Hamilton
These standard terms and conditions apply to all sale of products by Magnum MFG Pty Ltd ABN 98 100 124 159 (“Magnum MFG”) to any customer (“the Customer”).
Packing and ordering
- All orders are accepted subject to availability of stock
Prices and discounts
The then published price list is a guide only. Prices and discounts are subject to change without notice.
Rebates may be payable at Magnum MFG's absolute discretion and in such manner or kind as Magnum MFG shall from time to time determine.
Title to Products
Until the purchase price of the products and all other sums due by the Customer to Magnum MFG upon any account whatsoever have been paid or satisfied in full:
- the products shall remain the property of Magnum MFG notwithstanding the delivery of the products and the passing of risk to the Customer;
- Magnum MFG may at any time recover the products if they are in the Customer's possession and re-sell the products if any payment owed by the Customer on any account is overdue;
- for the purpose of so recovering the products, Magnum MFG, its servants or agents may enter upon the Customer's or other premises upon which the products are located;
- the Customer shall possess all products on a fiduciary basis only and holds the products as bailee for Magnum MFG and shall not remove any identifying marks placed on the products by Magnum MFG; and
- In the event that the Customer uses the products in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the products in trust for Magnum MFG. Such part will be an amount equal in dollar terms to the amount owing by the Customer to Magnum MFG at the time of the receipt of such proceeds. The Customer will pay Magnum MFG such funds held in trust upon demand by Magnum MFG.
- the Customer has the right to dispose of the products in the course of its business for the account of Magnum MFG and to pass good title to the products to its customer being a bona fide purchaser for value without notice of Magnum MFG's rights. If the products are on-sold prior to Magnum MFG being paid in full then the sale proceeds are to be held on trust by the Customer for Magnum MFG.
- The Customer acknowledges that these Standard Terms and Conditions constitute a Security Agreement for the purposes of the Personal Property Securities Act 2009 (“PPSA”) and that Magnum MFG is entitled to register its security interest in the products on the PPSA Register. The Customer waives its right to receive notice of any such registration.
Limitation of Liability
Magnum MFG's liability in respect of a breach of a consumer guarantee or any warranty made under these Standard Terms and Conditions for any products not of a kind ordinarily acquired for personal, domestic or household use is limited, to the extent permissible by law and at the option of the Magnum MFG in relation to the products:
- replacing the products or the supply of equivalent products;
- the repair of the products;
- the payment of the cost of replacing the products or of acquiring equivalent products; or
- the payment of the cost of having the products repaired.
To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Standard Terms and Conditions are excluded and Magnum MFG is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:
- any increased costs or expenses;
- any loss of profit, revenue, business, contracts or anticipated savings;
- any loss or expense resulting from a claim by a third party; or
- any special, indirect or consequential loss or damage of any nature whatsoever caused by Magnum MFG's failure to complete or delay in completing the order to deliver the goods.
Exclusion of Liability
Where Magnum MFG is unable by reasons of strike or other industrial disputes, accidents, failure of Magnum MFG's machinery, wars or any other cause beyond its reasonable control, to perform in whole or part any obligation under an order which has been accepted, Magnum MFG shall be relieved of that obligation to the extent and for the period it is so unable to perform and Magnum MFG shall not be liable to the Customer in respect of such liability
The Customer will indemnify Magnum MFG and keep Magnum MFG indemnified from and against any liability and any loss or damage Magnum MFG may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Standard Terms and Conditions by the Customer or its representatives.
- The times quoted for delivery are estimates only and Magnum MFG accepts no liability for any delay in delivery of products ordered or any unavailability of products ordered.
- Risk in the products will pass to the Customer on delivery.
- Magnum MFG reserves the right to charge for delivery of products.
All transactions are processed in Australian Dollars.
All credit orders are accepted by Magnum MFG subject to satisfactory credit approval of the Customer. Credit approval, once granted, may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all products is required on delivery. Where credit has been granted, payment for the products is to be made on or before 30 days from the end of the month of purchase. Payment must be made in full without set off or deduction. If the Customer is in default, Magnum MFG may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights. Credit card payments are accepted for VISA and MASTERCARD and incur a fee of 2%.
It is the Customer’s responsibility to satisfy itself that the products supplied are of the description, quantity and character ordered, suitable for the purpose for which they are required and Magnum MFG) accepts no responsibility and shall not be liable for any loss or damage direct or indirect howsoever arising from the failure of the Purchaser to satisfy itself.
Standard products which are damaged or defective or otherwise not in accordance with the Customer’s order may be returned by the Customer to Magnum MFG in their original condition and original packaging within 14 days of delivery. A return goods authority from an authorised representative of Magnum MFG is required prior to return. Return of goods for any reason (other than if defective or supplied in error) will be subject to a handling charge of 20% of the value of the goods with freight at the customer’s expense.
Subject to the above, all products shall be deemed to have been accepted by the Customer as being in accordance with order.
All non-standard products including fence droppers that are made to order are not returnable so thorough care should be taken in specifying them.
All pricing excludes Goods and Services Tax. GST will be charged at the current rates applicable to any taxable products.
These Standard Terms and Conditions apply to all supply of products between Magnum MFG and the Customer, including all quotations, offers, acknowledgements, orders or sales relating to the products supplied by Magnum MFG to the Customer.. No order shall be binding on Magnum MFG until accepted by Magnum MFG. An individual contract for the supply of products on these Standard Terms and Conditions is formed on acceptance by Magnum MFG of an order from the Customer. Magnum MFG reserves the right to accept any order in whole or in part. Where Magnum MFG makes a part delivery of any order, such delivery shall constitute a separate contract.
No order may be cancelled after it has been accepted by Magnum MFG.
Any orders placed with Magnum MFG are on the basis of these Standard Terms and Conditions unless otherwise expressly agreed in writing by Magnum MFG. These Standard Terms and Conditions (which will only be waived or varied in writing signed by Magnum MFG) will prevail over all conditions and terms of the transaction to the extent of any inconsistency. Acceptance of Magnum MFG products constitutes acceptance of these Standard Terms and Conditions.
Magnum MFG may add to or change these Standard Terms and Conditions provided the updated terms and conditions are available to be viewed online at www.magnummfg.com.au The Customer will be bound by and agrees to accept any such updated terms and conditions.
No waiver of any of these Standard Terms and Conditions or failure to exercise a right or remedy by Magnum MFG will be considered to imply or constitute a further waiver by Magnum MFG of the same or any other term, condition, right or remedy.
The law of the State of Queensland shall apply to these Standard Terms and Conditions and all sales by Magnum MFG. The Customer and Magnum MFG submit to the jurisdiction of the courts of Queensland.
Subject to subclause below, the Customer acknowledges that:
- The Customer has read and understands and wishes to be bound by the full terms, conditions and effect of the Standard Terms and Conditions ;
- The Standard Terms and Conditions represents the entire agreement as concluded between Magnum MFG and the Customer;
- No representations made by Magnum MFG or the Customer concerning the Products and/or Services shall be an implied term of this Contract or form the subject matter of a separate agreement, subsidiary or collateral with the Standard Terms and Conditions; and
- The Customer has not been induced to accept the Standard Terms and Conditions by any representation, oral or otherwise, made for or on behalf of Magnum MFG
- The Contract supersedes any other agreement, terms and/or conditions of credit granted by Magnum MFG to the Customer.
If any of the terms of these Standard Terms and Conditions are held to be invalid, unlawful or unenforceable for any reason whatsoever, by a court of competent jurisdiction, such invalidity or unenforceability of any other terms of these conditions and the invalid or unenforceable or illegal term will be treated for all purposes as severed