Conditions of Sale

1. These conditions shall be read with the quotation and invoices. All orders placed with Reipak Pty. Ltd. (hereinafter called “the Company”) shall be subject to these terms and conditions which shall, subject to such variations, modifications, exclusions or additions as may be agreed upon in writing between the parties, constitute the entire agreement between the parties.

2. Quotations
All quotation shall remain valid for thirty days unless otherwise agreed in writing.

3. Price
(a) The quotation prices do not include goods and services taxes (GST), any other taxes or duties payable in respect of sales, unless otherwise specified.

4. Terms of Payment
(a) The purchaser shall pay 40% of the invoice price at the time of ordering the goods (unless otherwise specified), and/or accessories, 40% before delivery & 20% after completion of commissioning. (Paid within 30 days)
(b) The purchaser shall pay interest on overdue payments at the rate being one per centum per annum more than the rate recommended by the Reserve Bank of Australia to be charged by Trading Banks on overdrafts of not more than $50,000.00.

5. Delivery
(a) Delivery of the goods and/or accessories shall be given to the purchaser at the point of despatch named in the invoice.
(b) Following delivery, the goods and/or accessories shall be at the purchaser’s risk.
(c) If the company arranges shipping and insurance in respect of the goods and/or accessories, it does so as agent for and on behalf of the purchaser.
(d) The delivery date indicated to the purchaser is an estimate only. The company shall make every reasonable effort to deliver the goods and/or accessories by the said date but failure to do so shall not render it liable in damages to the purchaser or give the purchaser the right to cancel this contract or refuse delivery.
(e) The company may deliver the goods and/or accessories by instalments and any delay by the company in the delivery of any instalment shall not render it liable in damages to the purchaser or give the purchaser the right to cancel this contract or refuse delivery of any future instalments.

6. Insurance
For all equipment quoted ex warehouse, the purchaser is responsible for arranging transit insurance and responsible for all usual risks of transit, unless otherwise agreed to between the company and the purchaser. (Note: agreed with the Company)

For equipment quoted which includes shipping to your premises, the Company is responsible for arranging transit insurance and will be responsible for all usual risk of transit.

7. The property in the goods and/or accessories the subject of this contract shall remain with the company until payment in full of the purchase monies.

8. Designs and Drawings
(a) All drawings, photographs, plans, capacities, weights, measurements and other particulars contained in the quotation are approximate and are intended only to be a general description the goods and/or accessories ordered. Small deviations there from shall not invalidate the contract nor be made the basis of any claim against the company.
(b) All drawings, photographs, plans, estimates and other documents shall be and remain the property of the company and shall not be used by the purchaser for any purpose other than this contract and the purchaser shall not disclose them to any third party without the company’s prior written consent.
(c) The company reserves the right to change the design and/or construction of the goods and/or accessories at any time prior to delivery without notice and without incurring any liability providing that the goods and/or accessories delivered shall be consistent with the purpose, stated by the purchaser to the company, for which the purchaser requires the goods and/or accessories and that the goods and/or accessories shall be of general nature described in the quotation.

9.. Warranties and Conditions

9.1 The company’s liability for a breach of any condition or warranty which may be implied by Division 2 of Part V of the Trade Practices Act 1974 (Cth) other than a condition or warranty implied by Section 69 of the Act, is limited to the extent allowed by Section 68A of the Act. the company shall elect which of the remedies therein mentioned applies and without limiting, effecting or excluding the full extent of Section 68A of the Act, the company gives the following express warranty:
(a) Where the goods and/or accessories are manufactured by the company, the company will replace, as the company sees fit, any defective part or item which manifests itself within a period of 6 months, provided that:
(i) The defect is due to bad materials or workmanship
(ii) Notice of the defect is given to the company within 7 days of discovering the defect.
(iii) The defect is not as a result of ordinary wear and tear, neglect, misuse, or accident by the purchaser or excessive deterioration due to corrosion
(iv) The purchaser shall not have modified or have carried out any repairs to the goods or accessories without having first obtained the company’s written consent.
(b) Where the goods and/or accessories are not manufactured by the company the company will repair at our cost (labor component) the machine within the period of 3 months.
9.2 Subject to clause 10.2 hereof, no guarantee, warranty, condition of term is given or implied by this contact and all guarantees, warranties, conditions and terms whatsoever including those as to state, quality or fitness for any particular purpose express or implied by statute, common law or otherwise are expressly excluded to the maximum extent permissible by law.

9.3 The company shall not under any circumstances whatsoever, including circumstances which would, but for these conditions, constitute a fundamental breach of this contract, or the breach of a fundamental term of this contract, be liable to the purchaser in respect of the goods, services and accessories the subject of the contract, whether in contract or in tort or otherwise and the purchaser shall indemnify and hold the company harmless against any claim made against the company in respect of loss and damage to any person or property arising from or in connection with the goods, services and/or accessories howsoever caused and whether or not such loss and damage was caused by the negligence or wilful act or default of the company, its servants or agents or any malfunctioning of or defect in or failure of any of the goods, services or accessories the subject of this contract.

10. Suspension and Delays
10.1 If the purchaser cancels, disturbs, suspends, defers or delays delivery of any part of the goods and/or accessories the purchaser shall pay to the company all costs (including storage costs) and loss of profits incurred by the company as a result of such cancellation, disruption, suspension, deferral or delay.
10.2 The company shall incur no liability whatsoever if the works are delayed or suspended by reasons of strikes, accidents, breakdown, delays in transit, government restrictions or regulations, inclement weather, act of God or any cause whatsoever beyond the company’s control (including act of direction of the purchaser).

11. Termination
(a) This contract may be terminated by the company without notice in the event that:
(I) The purchaser cancels delivery of the whole of the goods and/or accessories or such goods and/or accessories as remain undelivered; or
(ii) The purchaser fails or refuses to take delivery of the goods and/or accessories and such failure or refusal continues for 7 days after the company advising the purchaser that the goods and/or accessories are ready for delivery; or
(iii) The purchaser commits an act of bankruptcy, or, if the purchaser is a company, a receiver is appointed, or winding up proceedings are commenced against the company; or
(iv) The purchaser is in breach of any of the terms of the contract and has not remedied the breach within 14 days notice in writing by the company specifying the breach and requiring the same to be remedied within 14 days.
(b) This contract may be terminated by the purchaser with the company’s written consent, if the purchaser terminates the contract the purchaser shall, if required by the company, pay to the company forthwith the value of goods and/or accessories supplied and work and labour done to the date of termination together with the value of “work in progress” of good and/or accessories in the course of manufacture, or completed but not delivered, and shall be liable to the company for indirect costs incurred by the company in pursuance of the contract and the company’s loss
of profit on the contract.