TERMS AND CONDITIONS OF SALE

GENERAL: In these conditions of sale.

The Company shall mean Eastern Automation Pty. Ltd.

The customer shall mean the addressee of this document, invoice or quotation. A Contract shall include any terms and conditions set out in or accompanying the Company’s tender or quotation, together with the following terms and conditions and in the event of any inconsistency the former shall prevail.

QUOTATIONS: Unless otherwise stated in writing the Company’s Tender or Quotation will be valid for a period of thirty days from the date of issue, after which time acceptance of any order placed is subject to written confirmation. The date of acceptance shall be the date upon which notice in writing of acceptance by the customer of a tender or quotation is received by the Company

QUOTATIONS DO NOT INCLUDE GST.

QUOTED PARTS: Where we specify certain brands of parts on a quotation and these parts are either not available, delivery time exceeds our requirement or not enough technical information is available to us, we reserve the right to supply alternative products as we see fit.

PRICE: All prices quoted are ex the Company’s store and do not include freight, insurance or tax charges. The contract price is based on the cost from the Company’s principals plus duty, landing and other inward charges and costs including foreign exchange costs ruling at the data of quotation unless otherwise stated, and if variations should occur prior to delivery, ex the Company store; the contract price may be amended by the Company.

DESIGN: Where by a customer specifies the use of any product or where a general or detailed specification is supplied, the design and the operation of the product against the specification/design is the responsibility of the customer. We will not warrant or guarantee the operational function of any machine where the design or specification has been supplied. We will still cover all parts under manufacturer’s warranty if this applies.

GOODS AND SERVICE TAX: When applicable G.S.T. will be charged to the customer at the rate ruling at the date of invoice.

WARRANTY: A 12 month warranty is offered on all products from date of purchase. This warranty is only valid if the product is used at the correct pressure and temperature as specified on OEM data sheets. We shall repair warranty claims or replace them at our discretion.

All warranty items must be returned to our factory at customer’s expense.

Our Warranty excludes removal, disconnection, delivery, re-connection and commissioning of any equipment.

The company will not warrant any product that has been disassembled or adjusted in any way by a Customer or Third Party unless the Company agrees in writing prior to any adjustment or disassembly taking place. This includes Third Parties.
Repaired Products receive a three month warranty.

EXTENDED WARRANTY: From time to time the Company may offer an extended warranty in good faith. Extended warranty is only offered in writing by the Company.

DELIVERY: Availability of stock is quoted subject to receipt of prior orders. Every endeavour will be made to complete delivery within the period stated but no liability can be accepted in regard thereto. Unless otherwise stated the Company will not accept cancellation of an order due to late delivery, nor shall it be liable for consequential damages of any kind arising out of the late delivery or non-delivery. Delivery may be made in one or more parcels and at different times or by separate shipments or deliveries. Each parcel shall form a separate contract, delivered and be accepted and paid accordingly, notwithstanding late delivery or non-delivery of any other parcel. Where goods are being shipped from anywhere other than our Eastern Automation’s Melbourne office goods are quoted ex works and are classed as delivered once they are completed. It is the responsibility of purchaser to insure goods in transit. Delivery times are estimates only & due to the COVID-19 pandemic, cannot be guaranteed. The company reserves the right to extend quoted delivery times. The company take no responsibility for deliveries taking longer than quoted delivery times.

TERMS OF PAYMENT FOR APPROVED CREDIT ACCOUNT CUSTOMERS AND NON ACCOUNT CUSTOMERS

1. Trade Accounts – Thirty days from the end of the month in which goods are supplied.
2. Non-Account – Net Cash in advance.

The company reserves the right to charge 2.5% interest per month in advance (whole monthly) on overdue accounts.
If the customer fails to pay the Company’s tax invoices by the date due for payment the customer will be liable to pay any costs incurred by the Company in the collection of any outstanding amounts, which costs include debt recovery fees, commission, mercantile agency fees and legal costs on a solicitor client basis as well as company administration charges.

INSPECTION AND CLAIMS FOR A DEFECTIVE DELIVERY: Subject to the rights conferred on a customer under the Trade Practices Act 1974 (as amended) where such is applicable the customer is responsible for immediate examination of equipment upon delivery and any deficiency or damage thereof must be reported to the company in writing within 7 days of its receipt otherwise no claim for such damage or deficiency will be entertained.

PASSING OF TITLE AND RISK, DAMAGE IN TRANSIT AND REPOSSESSION: It is expressly agreed that the title to equipment sold thereunder shall not pass to the customer until payment has been received in full by the Company but the equipment or part thereof delivered shall nevertheless be at the customers risk from the time of delivery and the equipment from whatever cause occurring after such time and the Company shall not be under any obligation to give any statutory notice or other notice that it accepts no responsibility. If the customer shall fail to pay for the equipment in full by the due date or if the customer shall before then become bankrupt or commit any act of bankruptcy or compound with its creditors or go into liquidation whether voluntary or otherwise or have a Receiver or Manager appointed, the Company is irrevocably authorised at any time thereafter to enter upon any premises where the equipment might reasonably be expected to be situated and to take possession of and remove same at the expense of the customer.

INSURANCE: The Company will not insure any deliveries unless instructed to do so, in writing. All insurance charges so incurred
will be charged to the customer. The Company does not insure any goods either stored at our factory or Contractors factory for
new or repaired items. It is the Customers responsibility to ensure all items are insured. Customers’ goods will not be insured by us for items completed in our overseas factories. Items are complete once you have been notified & it is up to the customer to ensure their own goods.

STRIKES, LOCKOUTS & OTHER FORCE MAJEURES: The Company will not be responsible for any loss, damage or delay arising from strikes or lockouts or from any causes beyond its control including, without being limited to – unavailability of raw materials, riots, fires, floods, breakdowns, Acts of God, pandemics or similar or Government, whether these factors affect the Company or its suppliers and whether occurring within or outside of Australia.

SCHEDULE ORDERS: Schedule orders are to be completed no later than the end of financial year in which the order was placed or at a nominated date in writing from the Company. All goods will be forwarded to the Customer during this period unless agreed to in writing by Eastern Automation Pty Ltd and full payment is required as per our terms and conditions.

RETURN OF GOODS: Subject to the rights conferred on consumer under the Trade Practice Act 1974 (as amended) where such is applicable to the return of goods, when goods are returned to the Company for any reason whatsoever, prior arrangements for their acceptance must have been made by the Company. Unless such prior arrangements are made, the Company will not accept any responsibility or liability for goods returned, unless such obligation is implied by law. The goods must be in good order and condition and be resalable as new. If goods are returned by the customer for reasons other than defective delivery or warranty, unless other arrangements are made, the credit allowable will not exceed 85% of the Net invoiced valve of the goods at the date of delivery. The customer is responsible for all freight and cartage charges to the Company’s store. In addition, if work is needed to return the goods to a saleable condition, these costs will be charged to the customer.

Any non-standard equipment or parts will not be accepted for return.

ALTERATIONS AND ADDITIONS: If after commencement of design, production or manufacturer by the Company any specification changes are requested, the cost of such changes will be borne by the customer and the delivery time as originally advised may be adjusted by the Company.

QUALITY AND TECHNICAL INFORMATION: Unless otherwise specified in the Company’s quotation or order confirmation, all equipment will be of standard design and manufacture and according to the quoted standards, carefully inspected and where applicable submitted to its standard tests at the works before despatch. All hydraulic parts are shipped by us, excluding any oil. This includes new power units.

Specifications, drawings and particulars of weights and dimensions specified by the Company are to be regarded as approximates only. Descriptions and illustrations contained in catalogues, price lists and other written materials are intended merely to present a general idea of the goods described or illustrated therein and they shall not form part of any contract.

EXEMPTION OF LIABILITY: The Company shall not in any event be liable for loss or damages resulting from the use of the Company’s products in the mining and exploration industry.

NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS: The Company shall not in any event be liable for contingent, consequential, indirect, special, punitive or any other similar damages, however caused for damage, injury or loss, whether arising under breach of warranty, contract, negligence (commission, omission or advice), tort, liability or otherwise.

ENVIRONMENTAL DISCLAIMER: The Environmental Management at any site on which the Company’s equipment is used is the responsibility of the customer. In this regard, the Company disclaims responsibility for any infringements which occur related to breaches or Acts, Rules or Regulations pertaining to environmental pollution aspects such as noise, atmospheric, water, sewer, dangerous goods waste disposal etc.

EXCLUSION OF OTHER TERMS: The above terms and conditions shall apply to all quotations given and orders received by the Company to the exclusion of any other terms and conditions contained in any document submitted by the customer to the extent that such last modifications therefore shall be binding upon the parties hereto or either of them unless such modifications shall be in writing duly executed by the customer and approved by the Company.

Our terms and conditions override all other terms and conditions for supply and purchasing by us.

By receiving these terms and conditions you agree to them.