Terms and Conditions


TERMS AND CONDITIONS OF CONTRACT AND TRADE

King Hoists

ABN 69 884 220 149

Registered Office and Trading Address: 15 The Circle, Narraweena NSW 2099, Australia

Tel +61 2 9982 8829 Mobile 0404 032 320


1.

1-a ) Payment Terms: Strictly net against invoice unless extended payment terms have been agreed at the time of quotation.

1-b ) Payment may be made by direct bank deposit to our bankers, commercial cheque and/or bankers cheque in favour of King Hoists or by credit card (cards accepted may vary from time to time at King Hoists option). A surcharge for payment by credit card will be applicable to all such transactions. For international transactions payment will be by S.W.I.F.T. wire transfer prior to despatch of goods.

1-c ) In the event that a cheque, credit card payment or funds transfer is dishonoured then King Hoists reserves the right to debit the client with an additional handling fee of 10% of the total transaction or $50.00, whichever is the greater, plus all financial institution fees and charges rendered upon King Hoists as a result of the dishonoured transaction.

1-d ) Title of Goods: Title of goods does not pass until payment is received in full by King Hoists. The client must hold insurance and fully indemnify King Hoists in all aspects until title is passed. In the event that the client uses the goods/products in some manufacturing and/or construction process of its own or for a third party, then the client shall hold first monies received from the proceeds of such manufacturing and/or construction process as relates to the goods in trust for King Hoists. Such part shall be deemed to equal in dollar terms the amount owing to King Hoists at the time of the receipt of such proceeds. Until the passing of Title of Goods has been procured by the full payment of all monies due to King Hoists by the client, King Hoists retains the right of entry to the client's property (commercial and/or private) to recover King Hoists' goods without notice to the client.

1-e ) Prepayments: When a prepayment is made King Hoists reserves the right to charge the client for any overrun of time taken from the time estimated on the original quotation. These additional amounts will be immediately due and payable to King Hoists by the client.

2.

Should there be any default in payment terms, all monies owing by the client to King Hoists shall become immediately due and payable and a Credit Bureau Default may be lodged without further notice.

3.

King Hoists reserves the right to charge interest at ruling (New South Wales) court rates calculated daily from the date of invoice on all overdue accounts exceeding 60 days after the date of invoice. Where GST is payable on any invoice, 2% per month is payable on the GST portion unpaid after the due date for payment. For the purpose of calculating the penalty interest for non-payment of GST, the due date for payment shall be deemed to be seven (7) days from the date of invoice.

4.

King Hoists reserves the right to recover from the client all expenses, costs and/or disbursements incurred in recovering any outstanding monies including all search fees, debt collection and/or solicitors' fees plus all legal costs.

5.

King Hoists reserves the right to withhold the supply of goods, services and ongoing support at any time without notice to the client.

6.

The client will notify King Hoists of all material changes, in name and/or financial status, which may result in the need to complete an additional application for Commercial Credit.

7.

Should this application be successful, a fixed credit limit will be determined by King Hoists. In the event that the account exceeds this limit, King Hoists reserves the right to withhold the supply of goods, services and ongoing support without notice.

8.

If the client is a Trustee, the Directors warrant that they have the authority and power to enter into this agreement and personally guarantee the performance of all of the trust's obligations under this agreement.

9.

The client agrees to be bound by the Terms and Conditions of Contract of Trade for: Delivery, Claims on Delivery, Returned Goods, Delivery Containers, Transport Charges, Pricing, Warranty and Written Contracts, when and where as stated on the current price list, invoices and/or notices sent to all customers of King Hoists.

10.

The client acknowledges that King Hoists is entitled to presume that any person forwarding instructions from the client's office and/or residence purporting to have the authority to bind the client to a contract for the supply and delivery of goods and/or services from King Hoists has the authority they claim, notwithstanding the names and signatures of authorized personnel listed in the commercial credit application.

11.

These Terms and Conditions of Contract and Trade are additional to and together with any other Terms communicated in respect of the sales of goods and/or services. Where they are in conflict the latest published Terms and Conditions shall prevail, as shall be the case where Special Terms and Conditions are negotiated at the time of quotation and both King Hoists and the client acknowledge in writing that the said Special Terms and Conditions shall prevail.

12.

12-a ) Prices and other charges and discounts offered are subject to alteration without notice. Should an order be received by King Hoists requesting supply on non-current pricing terms, King Hoists has the right to amend the prices, charges and discounts to reflect prevailing pricing terms.

12-b ) Unless otherwise stated all prices are ex King Hoists factory. Freight and insurance are at the client's care.

13.

These Terms and Conditions of Contract and Trade shall be binding upon the client, its successors, executors, receiver managers/administrators and permitted assigns and shall inure to the benefit of King Hoists, its successors and assigns.

14.

Where applicable, GST is payable on all goods and services supplied by King Hoists. GST is calculated on the full invoice cost, where applicable. Where GST is payable and is not paid within the allowed credit terms, the penalty clauses as mentioned in Clause 3 above shall apply.

15.

15-a ) The supply of labour for the loading and unloading of the hoist is the sole responsibility of the client and/or the client's agent. King Hoists' employees and/or third party agents acting on behalf of King Hoists shall instruct the labour as to how to load and unload the hoist.

15-b ) King Hoists reserves the right to cancel and/or postpone the service without consequential damage being claimable by the client if, in the opinion of the King Hoists operator, it would be dangerous to proceed with the service due to: Adverse weather conditions, Labour supplied is incapable of understanding instructions given by the operator, Labour supplied fails to comply with instructions given by the operator.

15-c ) King Hoists reserves the right to terminate the service immediately in the event that the client and/or the client's agent apply pressure on the operator to speed up the process or to load more materials on the hoist than the operator judges to be a safe speed or a safe working load. Such termination will render the client liable for full payment as per the original quotation and King Hoists, its employees and/or third party agents acting on behalf of King Hoists shall be held blameless for any and all consequential damages claimed by the client and/or third party representing the client, and/or against the client by any third party.

15-d ) King Hoists will work in conjunction with the client to reschedule any work that has had to be suspended and/or delayed as a result of adverse weather conditions as mentioned in clause 15-b).

16.

16-a ) King Hoists reserves the right to cancel any service prior to arrival on site without consequential damages being claimable.

16-b ) In the event of prepayment, King Hoists reserves the right to reschedule the service at any time prior to the agreed arrival time on site without consequential damages being claimable.

16-c ) All endeavours will be made to arrive on site at the agreed time and date. However, the client accepts that forces beyond the control of King Hoists, such as traffic congestion and break downs, occur and as such shall hold King Hoists, its employees and/or third party agents acting on behalf of King Hoists blameless without consequential damages being claimable.

16-d ) King Hoists will work in conjunction with the client to reschedule any work that has had to be suspended and/or delayed as a result of clause 16-b) and 160c).

17.

Equipment hired by King Hoists on behalf of the client to complete the service or services required by the client: Where specialised equipment is required to be hired on behalf of the client by King Hoists, its employees and/or third party agents acting on behalf of King Hoists, the hiring of such equipment shall not be arranged until prepayment has been made in full in accordance with the original quotation. For over-runs see clause 1-e).

18.

18-a ) Goods indented from overseas and/or locally on behalf of the client are, after either the signing of King Hoists' indent agreement by the client or by the issuance of the client's official purchase order to King Hoists, non-cancellable and may require the initial order to be accompanied with a deposit and subsequent progress payments during the production and shipment of the said goods. The percentage of deposit and frequency of progress payments shall be negotiated at the time of the initial order and shall be incorporated within the Special Terms and Conditions of King Hoists' quotation and official offer of supply. Delivery of indented items shall be made as soon as practicable. King Hoists shall be held blameless for non-delivery where Force Majeure prevails.

Force Majeure: Neither party shall be held responsible for any delay or failure in performance of any part of any agreement between King Hoists and the client to the extent such delay or failure is caused by events beyond such party's reasonable control, such as fire, flood, explosion, war or the engagement of hostilities, strike, embargo, labour dispute, government requirement, civil or military authority, and inability to secure materials or transportation facilities. Each party will endeavour to give the other party reasonable notice of delay.

18-b ) King Hoists reserves the right to substitute products of a like quality without redress should normal supplies be unavailable at the time orders are received from the client

19.

Equipment on loan shall be covered by a separate specialised loan agreement showing the full quoted price. The loan period shall be for 7 days unless otherwise agreed between the client and King Hoists. If at the expiration of the loan period the goods are still retained by the client then the total value of the goods shall become due and payable to King Hoists by the client.

20. Warranty Claims:

20-a ) All claims for goods and materials, unless specified in the equipment warranty, must be in writing and received within fourteen days of receipt of Goods and/or Materials by the client.

20-b ) Where Goods and/or Materials supplied by King Hoists are being produced in part or in total using a third party manufacturer and/or supplier then the warranty of the third party shall prevail for the component or components produced by that third party. However, for the portion of the component or components produced and supplied by King Hoists such claims, unless specified in the equipment warranty, must be received in writing within fourteen days from receipt of Goods and/or Materials by the client.

20-c ) Freight charges shall be covered by the client for goods forwarded to King Hoists and/or the manufacturer. King Hoists shall cover freight cost for goods forwarded from King Hoists Offices to the client for such warranty items. The client shall accept freight cost for warranty items returned from the manufacturer to the client.

21.

Permits and Traffic control. The arranging of permits and traffic control is the responsibility of the client. However, in some circumstances King Hoists will assist in the arrangement of these services subject to prepayment being made by the client for the services required. Such arrangements and prepayment are to be made at the time of acceptance of quotation.

22.

The equipment supplied by and through King Hoists is specialised equipment and requires that the operators of such equipment have the necessary training to operate the equipment safely. King Hoists may assist in the training of personnel in Sydney (initial training free of charge but subsequent retraining of new operators will be chargeable). However, it is the client's responsibility to arrange compliance with the relevant state and/or territory requirements for training and qualifications to operate the equipment within the state or territory.

23.

Upon the issuance of a purchase order from the client to King Hoists, written or verbal, it shall be deemed that the client has accepted in full and without exception all clauses stated in the Terms and Conditions of Contract and Trade of King Hoists. Also that by the issuance of their purchase order or verbal order instructions the client has agreed to be bound by the said Terms and Conditions of Contract and Trade of King Hoists without exception.

24.

The client shall ensure the safety of King Hoists, its employees, agents, servants and any subcontractor acting on behalf of King Hoists while they are present on the client's premises and/or property. It shall be the client's responsibility to maintain a safe working environment free from noxious odours and items that may be regarded as or may create a hazardous working area. King Hoists reserves the right to vacate the premises on the grounds of an unsafe working environment. King Hoists further reserves the right to charge the client a penalty of not less than $120.00 per hour or part thereof per worker up to the normal time of cessation of the normal working day (excluding overtime periods). Where such delays occur King Hoists shall endeavour to complete the project on time but should the project over-run the original anticipated completion date then the client unconditionally agrees to accept such over-runs that have been caused as a result of the client's premises being considered an unsafe working area.

25.

In the event of changes to the current government taxes, levies and charges that the client is liable to pay to King Hoists, the client agrees to pay to King Hoists such new or increased taxes, levies and charges that are imposed by the Commonwealth Government of Australia and/or any State or Territory Government within the Commonwealth of Australia.

26.

Any dispute or action in relation to these Terms and Conditions of Trading shall be subject to the absolute jurisdiction of the laws of the State of New South Wales.