TERMS & CONDITIONS
1.1 The “Buyer” means the Account Applicant or the person who buys or agrees to buy Goods from the Company.
1.2 The “Company” means HARROP.
1.3 “Conditions” means the terms and conditions of sale set out in this document and any special conditions agreed in writing by the Company.
2.1 The “price of the goods” shall be the Company’s quoted price, or where no price has been quoted, that price that is listed in the Company’s published price list, current at the date of dispatch of any order. All prices quoted are valid for 14 days only, or upon earlier acceptance by the Buyer, after which time the company may alter them. All prices are exclusive of freight and insurance.
2.2 The Company reserves the right to change prices without prior notice.
2.3 HARROP reserves the right to accept or decline any order, in whole or in part.
3.1 Subject to any special terms agreed to in writing between the Buyer and the Company, the Company shall be entitled to invoice the Buyer for the price of the Goods on or at the time of delivery.
3.2 If the Buyer and the Company have agreed to the Buyer having a trading account, then the account must be paid within 30 days from the end of the previous trading month. If the Buyer does not have a trading account, the account must be paid upon collection or delivery.
3.3 HARROP reserves the right to change credit terms at any time, for any reason, without prior notice.
3.4 Time for payment is of the essence.
3.5 The Company reserves the right to recover from the Buyer all costs and charges and expenses however incurred in collecting payment of any overdue account.
4. TITLE TO GOODS
4.1 The legal and equitable title to and property of the Goods will not pass until the Buyer has paid all monies owed to the Company on any account whatsoever. Payment shall not be taken to occur until all cheques tendered in discharge of the sums owing to the Company have been presented and cleared in full.
4.2 The Company reserves the right to enter upon any premises for the purpose of repossessing the Goods and without prejudice to any other rights of recovery available.
4.3 Until the Buyer has paid all monies owed to the Company on any account whatsoever, the relationship of the Buyer to the Company shall be fiduciary in respect of the Goods and accordingly.
4.4 The Buyer shall store the Goods in such a way that they can be recognised as property of the Company.
5. DELIVERY OF GOODS
5.1 Any delivery times advised by the Company to the Buyer are estimates only, and the Company shall not be liable to the Buyer or any other parties for late delivery or non-delivery.
5.2 No delay in delivery or dispatch of the Goods shall relieve the Buyer of its obligations to accept or pay for the Goods.
5.3 The Company reserves the right to deliver by portion and delivery by portion shall not entitle the Buyer to repudiate the Contract.
5.4 Delivery will be taken to have occurred when the Goods are off-loaded at the Buyer’s premises or (where Goods are collected from the Company) upon collection by the Buyer or his agent.
6.1 A 12-month warranty is provided on product materials and workmanship unless other product specific warranty terms are provided in writing to the Buyer.
6.2 HARROP makes no other warranty to the Buyer, with respect to any HARROP Goods purchased hereunder, to the extent permitted by law,
6.3 HARROP makes no representation as to fitness for purpose other than those purposes expressly disclosed in writing by Harrop to the Buyer.
7. CANCELLATION & RETURNS
7.1 No order may be cancelled by the Buyer except with the consent in writing of the Company and on the condition that the Buyer will indemnify the Company against any losses resulting from such cancellation.
7.2 Goods made to order cannot be returned for credit.
7.3 If it is agreed that the Goods are to be returned:
7.3.1 The Buyer must obtain from the Company authorisation to return goods before returning the Goods.
7.3.2 The Buyer will be liable for the costs of returning the Goods and any costs of remedying Goods not returned in a saleable condition.
7.3.3 The Company reserves the right to make a handling and restocking charge of 15% or $20.00 whichever is greater on all Goods returned for credit. If the Goods are being returned under Warranty then no restocking fee will apply.
8. DEFAULT BY THE BUYER
8.1 In the event of any default by the Buyer, the Company may at its discretion suspend deliveries or cancel any order so far as it remains unperformed without prejudice to its rights thereunder. If, despite any default by Buyer, HARROP elects to continue to make shipments, HARROP’s action shall not constitute a waiver of any default by Buyer or in any way affect HARROP’s legal remedies as a result of any such default.
8.2 If Buyer commits any act of bankruptcy or enters into liquidation whether voluntary or involuntary, becomes insolvent, or is otherwise unable to meet is obligations as they come due, any such event shall be deemed a material default hereunder, entitling HARROP to case performance under this order and to avail itself of all legal and equitable remedies it may have against the Buyer.
8.3 The occurrence of any such default shall in no way prejudice the rights of the Company to recover any amount due for goods previously supplied to the Buyer.
9. FORCE MAJEURE
9.1 In the event that the Company is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control, such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of Third Parties to deliver goods, the Buyer shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.
10. LIMITATION OF LIABILITY.
10.1 In no event shall HARROP be liable for incidental, consequential, indirect or special damages including without limitation, lost business profits or revenue. Direct damages shall be limited to an amount not to exceed the lesser of the amount on the face of the order.
10.2 The limitation as set out in clause 10.1 is a critical element of the parties bargained-for-consideration and will be effective even if HARROP is informed in advance of the possibility of such damages.
No attempted addition to, deletion from, or modification of any of the provisions of these Terms & Conditions shall be binding on either party unless it is in writing and signed by an authorised representative of both parties.
HARROP’s failure to object to any term or condition contained in any communication from the Buyer shall not be deemed a waiver of any provision herein. Any waiver by either party of any provision of these Terms & Conditions shall not be deemed to be a waiver of any other provision, or a continuing waiver, but shall apply solely to the instance to which the waiver is directed.
13.1 Any contract shall in all respects be construed and operate as an Australian contract, and in conformity with Australian law.
13.2 If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.
13.3 No part of this price list may be used in any form by any means, electronic or mechanical, without written authority from HARROP. The information within this price list has been obtained from sources HARROP believe to be reliable. However, because of the possibility of human or other error, HARROP does not guarantee the accuracy, suitability or completeness of any information contained herein.
13.4 HARROP assumes no responsibility for errors or omissions and is not liable for loss or damages resulting from the use of information in this price list. The products offered may change at any time without notice.
13.5 Although every care is given that all products on offer are in stock, it is unfortunate that some may be out of stock from time to time in which HARROP holds no liability.