Terms and Conditions of Sale
Industrial Machinery Sales & Service Pty Ltd
ABN 17 160 300 381
Quote and Scope Notice
All quotations provided by Industrial Machinery Sales & Service Pty Ltd are based strictly on the scope of supply described in the quotation. Any goods, services, installation work, engineering, site preparation or compliance work not specifically listed in the quotation are excluded unless agreed in writing.
By accepting a quotation or placing an order, the Customer agrees to these Terms and Conditions.
1 Definitions
Customer means the person or entity purchasing goods or services from the Supplier.
Goods means machinery, equipment, parts or products supplied by the Supplier.
Services means installation, commissioning, training or other services provided by the Supplier.
Supplier means Industrial Machinery Sales & Service Pty Ltd.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
2 Quotations and Pricing
2.1 Quotations are valid for 30 days unless otherwise stated.
2.2 Prices are exclusive of GST unless otherwise indicated.
2.3 Prices may change if exchange rates, freight costs, supplier pricing, tariffs or import duties change prior to delivery.
2.4 Orders are not binding until accepted by the Supplier.
3 Payment Terms
3.1 Payment terms are 30 days end of month unless otherwise agreed.
3.2 The Supplier may require deposits or full payment prior to delivery.
3.3 The Supplier may suspend supply where payment terms are not met.
3.4 Overdue amounts may incur interest at 2% above the Supplier’s bank overdraft rate.
3.5 The Customer must pay all costs incurred by the Supplier in recovering outstanding amounts, including legal and collection costs.
4 Delivery
4.1 Delivery dates are estimates only.
4.2 The Supplier is not liable for delays caused by manufacturing delays, freight delays, customs clearance, port congestion or other supply chain disruptions.
4.3 Unless otherwise agreed in writing, delivery is ex-Supplier premises and risk passes to the Customer once goods are collected or dispatched.
4.4 The Customer must insure goods once risk transfers.
5 Order Cancellation
5.1 Orders cannot be cancelled once accepted by the Supplier unless approved in writing.
5.2 Where cancellation is approved the following charges apply:
• 20% cancellation fee, or
• 30% cancellation fee for custom-built or imported machinery
5.3 Deposits are non-refundable.
6 Retention of Title
6.1 Ownership of goods remains with the Supplier until payment has been received in full.
6.2 The Supplier retains a security interest under the Personal Property Securities Act 2009 (Cth).
6.3 The Supplier may register a security interest over goods supplied.
7 Installation and Site Preparation
7.1 Unless expressly stated in writing, installation is not included in the supply of goods.
7.2 The Customer is responsible for ensuring the site is suitable for installation including:
• foundations and floor loading
• electrical supply
• compressed air or gas supply
• network and data connections
• lifting equipment
• safety guarding and compliance systems.
7.3 Any delays caused by site preparation or site conditions may result in additional charges.
8 Commissioning
8.1 Where commissioning services are provided, commissioning confirms the equipment operates according to the manufacturer’s specifications.
8.2 Commissioning does not constitute certification of compliance with Australian Standards or workplace safety regulations.
8.3 Final acceptance of equipment is the responsibility of the Customer.
9 Compliance with Australian Standards and Safety
9.1 The Supplier is primarily a distributor of machinery manufactured by third parties unless otherwise stated.
9.2 The Supplier does not warrant that goods comply with all Australian Standards, workplace safety regulations or site-specific safety requirements.
9.3 The Customer is responsible for determining whether the equipment complies with:
• Australian Standards
• Work Health and Safety legislation
• plant safety regulations
• industry standards
• internal site safety policies.
9.4 Machinery may require additional safety systems, guarding, electrical modifications or engineering changes to comply with Australian requirements.
9.5 Unless expressly stated in writing, the Supplier’s quotation does not include compliance certification, engineering review or safety upgrades required to meet Australian Standards.
9.6 The Customer must ensure installation and operation is carried out by qualified and licensed personnel.
9.7 The Customer must conduct its own risk assessments and safety validation prior to operating the equipment.
10 Use and Operation of Equipment
10.1 The Customer must ensure equipment is operated only by trained personnel.
10.2 The Customer must follow all manufacturer instructions and safety guidelines.
10.3 The Supplier accepts no liability for damage or injury arising from misuse, modification or improper installation of equipment.
11 Warranty
11.1 Where goods are supplied with a manufacturer warranty, the Supplier will pass the benefit of that warranty to the Customer where possible.
11.2 Except where required under Australian Consumer Law, the Supplier provides no additional warranty regarding fitness for purpose.
12 Machine Performance
12.1 Performance figures, cutting speeds, capacities or production estimates provided in brochures, quotations or discussions are indicative only.
12.2 Actual machine performance will vary depending on factors including:
• material quality
• operator skill
• tooling or consumables
• maintenance practices
• production environment.
12.3 The Supplier does not guarantee production rates, cycle times or output levels unless expressly stated in writing.
13 Used or Demonstration Equipment
13.1 Used or demonstration machinery is supplied as-is.
13.2 No warranty applies unless specifically stated in writing.
13.3 The Customer is responsible for inspecting used equipment prior to purchase.
14 Heavy Machinery Supply Conditions
14.1 Many goods supplied by the Supplier are large industrial machines requiring specialised handling and lifting.
14.2 Unless stated otherwise in writing, the Supplier’s quotation does not include cranage, rigging, unloading containers or positioning machinery.
14.3 The Customer is responsible for arranging and coordinating:
• cranes
• forklifts
• rigging equipment
• lifting personnel
• internal site transport.
14.4 The Customer must ensure the site is suitable for delivery and installation including adequate access, floor loading capacity and installation space.
14.5 The Supplier will not be liable for delays or additional costs arising from site access restrictions or inadequate lifting equipment.
14.6 The Customer must ensure all lifting operations are conducted by licensed operators.
15 Limitation of Liability
15.1 To the extent permitted by law, the Supplier’s liability is limited to:
• repair of goods
• replacement of goods
• re-supply of services
• cost of repair or replacement.
15.2 The Supplier is not liable for:
• loss of production
• loss of profit
• business interruption
• consequential damages.
16 Indemnity
The Customer indemnifies the Supplier against all claims, losses, damages or liabilities arising from:
• installation of equipment
• modification of equipment
• failure to comply with safety regulations
• improper use of equipment.
17 Force Majeure
The Supplier is not liable for delays caused by events beyond its reasonable control including manufacturing delays, shipping disruptions, labour shortages, natural disasters or government actions.
18 Governing Law
These Terms are governed by the laws of South Australia.
19 Scope of Supply
19.1 The Supplier’s obligation is limited strictly to the goods and services expressly stated in the Supplier’s written quotation, proposal or sales order.
19.2 Any goods, services or work not specifically described in the Supplier’s quotation are excluded.
19.3 Without limitation, the following items are excluded unless expressly included in writing:
• site preparation works
• foundations or civil works
• electrical installation or switchboard upgrades
• compressed air systems
• gas supply systems
• building modifications
• lifting equipment, cranage or rigging
• safety guarding or compliance upgrades
• risk assessments or engineering certifications
• integration with existing equipment or software systems
• operator labour or production trials.
19.4 Any additional work requested outside the agreed scope may be charged separately.
19.5 The Supplier is not responsible for additional costs arising from incorrect or incomplete information provided by the Customer.
Third Party Supplier
20.1 Where you are acquiring equipment or other goods from a third party supplier, Industrial Machinery Sales & Service Pty Ltd (IMSS) is acting only as an introducer, intermediary and/or facilitator of the transaction. To the extent permitted by law, IMSS makes no representation or warranty in respect of the equipment or goods you purchase from any third party supplier, and excludes all liability arising out of your dealings in respect of that equipment or goods (including any failure by the third party supplier to deliver that equipment or goods). IMSS may receive a commission from the third party supplier with whom you contract to purchase equipment or other goods but will have no liability to you to account for that commission or otherwise in any circumstances.