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|STANDARD QUOTE - Terms and Conditions|
CONDITIONS OF SALE:
This quote constitutes an offer by W J Moncrieff Pty Ltd (“Moncrieff”) to the buying party named on page 1 of this quote (“you” or “your”) for the sale of the products itemised above (“Products”). The offer made in this quote by us is subject to the terms and conditions below. You may accept this offer by providing Moncrieff with an official purchase order citing the quotation number above or other written confirmation citing the quotation number above. By accepting this offer you accept Moncrieff’s terms and conditions below.
TERM: If you have not accepted this quote within 7 days of the date of this quote, this quote will expire and will be null and void.
PAYMENT: Payment terms for this quote are as set out in the “Payment” section of this quote or as agreed separately between you and Moncrieff.
PRICING: All prices in this quote are inclusive of applicable duties (including GST).Payments made by credit card incur a credit card fee applicable to that card’s vendor. This fee is not shown in this quote.Moncrieff reserves the right to adjust the pricing in this quote if the AUD/USD exchange rate as published by the Reserve Bank of Australia (“Rate”) on the date of delivery of Product(s) differs by more than 5% from the Rate as at the date of this quote. Any such increase in pricing will not exceed the increase effected by this change in the Rate.
DELIVERY: Delivery dates in respect of the Products will be set by Moncrieff on Moncrieff’s receipt from you of an official purchase order or other written confirmation accepting of this quote. Moncrieff make no guarantees in respect of delivery dates in respect of this quote and such dates are subject to change by Moncrieff.Unless otherwise stated in this quote, delivery of the Products is Ex works (2 Oswald Street, Victoria Park, Western Australia). Carriage of any Products elsewhere will incur a separate charge and be subject to a separate agreement between you and Moncrieff.
TITLE Title to any Products passes from Moncrieff to you on payment of all amounts owing to us in respect of this quote. Until that time, title in any Products remains with Moncrieff. While title to any Products remains with Moncrieff, you: acknowledge that you have no right or claim to any interest in such Products; must not create or allow to be created or claim a lien over such Products; and must not create any absolute or defeasible interest in such Products in relation to any third party except as expressly authorised by Moncrieff.
WARRANTY: Moncrieff will use its reasonable endeavours to ensure that you have the benefit of any warranty given by the manufacturer or importer of the Products.The Trade Practices Act 1974 (Cth), the Fair Trading Act 1987 (WA) and similar legislation in force in other Australian states and territories imply certain terms, conditions and warranties (“prescribed terms”) into contracts for the supply of certain goods and services. Some prescribed terms permit a supplier to limit its liability for a breach of the prescribed terms. Except as provided by the relevant legislation (but only to the extent that a prescribed term applies to the supply of the Products), Moncrieff’s liability in respect of a breach of a prescribed term relating to the Products or any part of the Products is limited (at Moncrieff’s option) to the replacement or repair of the Product(s) or part thereof, or payment of the cost of repairing or replacing the Product(s) or any part of the Product(s).By accepting this quote you agree that (unless otherwise stated in this quote):· no express purpose of use has been provided to Moncrieff; and· Moncrieff has not supplied any sample of the Products to you.
INSURANCE: Risk in any Products passes from Moncrieff to you on the actual or constructive delivery of such Products to you or to any of your agents, representatives, subcontractors or freight subcontractors, and you are responsible for insurance in respect of such Products from that time.