VIC: (03) 8366 1900
NSW: (02) 9707 0700
QLD: (07) 3420 2900
WA & NT: (08) 9455 2822
SA: (08) 8340 8147
P: (04) 586 7162
F: (04) 586 7140
Australia Head Office
P: (03) 8366 1900
F: (03) 8366 1999
Terms & Conditions
This agreement shall be subject to the provisions of the Trade Practices Act 1974 and any statutory amendment or re-enactment thereof for the time being in force.
Unless otherwise inconsistent with the context the word ‘person’ shall include corporation, “Company” shall mean Hufcor Pty Ltd and its agents, servants and employees, and any of its subsidiaries as defined in Section 7 of the Companies Act and Codes (if such subsidiary is named as the part making or accepting the order), “goods” shall include services, and “Purchase” shall mean and include the person to whom any quotation is made and shall include any person offering to contract with the Company on these terms and conditions.
Words importing the male gender shall be deemed to include the female and neuter gender and vice versa.
OFFER AND ACCEPTANCE
Any quotation made by the Company is not an offer to sell or to provide services and no order given in pursuance of any quotation shall bind the Company until accepted by it in writing or by the commencement of supply or the provision of services.
Unless otherwise agreed in writing all orders are subject to acceptance by the Company within 30 days of receipt by the Company of the Purchaser’s order and these terms and conditions shall be deemed to be incorporated in any agreement between the Company and the Purchaser.
Any terms and conditions contained in any order, offer acceptance or other document of the Purchaser and all representations, statement, terms, conditions and warranties (whether implied by statute or otherwise) not embodied herein are expressly excluded to the fullest extent permitted by law.
Insofar as the goods or services supplied by the Company are not of a kind ordinarily acquired for personal domestic or household use or consumption, and unless the Purchaser establishes that reliance on this provision would not be fair and reasonable, the liability for breach of a condition or warranty implied into this contract by the Trade Practices Act 1974 (other than a condition implied by Section 69) is limited:
- in the case of goods to any one of the following as determined by the Company:
- the replacement of the goods or the supply of equivalent goods, or
- the repair of the goods, or
- the payment of the cost of replacing the goods or of acquiring equivalent goods, or
- the payment of the cost of having the goods repaired.
- in the case of services to any one of the following as determined by the Company:
- the supplying of the services again, or
- the payment of the cost of having the services supplied again.
- Any date quoted for delivery is an estimate only and unless a guarantee shall have been given by the Company in writing providing for liquidated damages for failure to deliver by the quoted date the Company shall not be liable to the Purchaser for any loss or damage howsoever arising even if arising out of the negligence of the Company for failure to deliver on or before the quoted date.
The Purchaser shall accept and pay for goods if and when tendered notwithstanding any failure by the Company to deliver by the quoted date.
Written advice to the Purchaser that goods are ready for delivery whether in whole or in part shall constitute tendering and the terms of payment shall apply.
- Subject to the provisions of Section 74 of the Trade Practices Act 1974 and to the warranties therein implied that services will be rendered with due care and skill and that any materials supplied in connection with those services will be reasonably fit for the purpose for which they are supplied, the Company shall not be liable to any Purchaser or other Party for any direct or indirect or consequential injury, loss or damage whatsoever by reason of any delay in delivery whether the same is due to the negligence of the Company or other party, strike or any other industrial action be it on the Company or other party, or any other cause whatsoever.
Subject to Section 75A of the Trade Practices Act 1974 and without limiting the entitlement of a consumer to rescind a contract as provided in that Section, any order may only be cancelled, varied or suspended with the written consent of the Company and in the event of such cancellation, variation or suspension, the Purchaser undertakes to reimburse and indemnify the Company for any costs, expenses or charges incurred by the Company in preparation for and in the execution of an order which, without limiting the generality thereof, shall include an amount equal to 50 per centum of the net profits to the Company of the order had the order not been cancelled, varied or suspended.
DESCRIPTION AND SPECIFICATIONS
- Whilst every effort is made to ensure their accuracy,
the descriptions, illustrations and material contained in any catalogue, price
list, brochures, leaflets or other descriptive matter provided by or on behalf
of the Company represent the general nature only of the items described therein
and save where the Company has accepted an order for goods specified as so
described or illustrated, shall not form any part of any order or agreement or
amount to any representation or warranty and, save as aforesaid, the use of such
description or illustration shall not constitute a contract of sale by
The Company reserves the right to modify the design of goods without notice.
- The Purchaser warrants that any goods manufactured, constructed or supplied by the Company which are based in whole or in part upon designs, drawings or specifications supplied by the Company by or on behalf of the Purchaser shall not infringe any letter, patent or registered designs. The Purchaser shall indemnify and keep indemnified and hold harmless the Company against any action, loss, cost, claim or damage that may be brought against or suffered by the Company for any breach of this warranty by the Purchaser.
- The Company does not warrant or guarantee and it shall not be a term of any agreement between the Company and the Purchaser that any goods manufactured, constructed or supplied by the Company which are based upon any designs, drawings or specifications supplied to the Company by or on behalf of the Purchaser will achieve any standard of performance or capacity whatsoever and the Purchaser acknowledges that it does not rely on the skill and judgement of the Company for the fitness for any purpose of any goods so manufactured, constructed or supplied.
In respect of any work done on the Purchaser’s premises or elsewhere other than at the Company’s premises it shall, subject to any written agreement to the contrary, be the duty of the Purchaser to ensure that the conditions under which the work has to be performed, the layout, means of access, accessibility of the different parts of the subject matter being worked upon or handled and other material circumstances shall be suitable to the Company failing which the Company shall be entitled to charge a reasonable increase in the price having regard to the prevailing circumstances.
The Company reserves the right to increase the amount charged on any invoice up to the minimum charge as established by the Company at the date of the invoice.
Failure by the Company to insist upon strict performance of any term or condition hereof shall not be deemed a waiver thereof or of any rights which the Company may have and shall not and nor shall any express waiver, be deemed to be a waiver of any subsequent breach of any term or condition.
GUARANTEE AND WARRANTY
- Except when the Purchaser is a Consumer for the purposes of the Trade Practices Act 1974 and the conditions, warranties and rights implied by that statute cannot be excluded, and subject always thereto, representations, promises, statements, warranties and conditions (whether subject as aforesaid) statutory, express or implied regarding any goods or services supplied by or on behalf of the Company are expressly excluded, the Company shall not be liable for any loss or damage whatsoever and howsoever arising whether direct, indirect or consequential or in respect of any claim whenever and however made for any loss, damage, deterioration, deficiency or other fault or harm in the goods manufactured, work executed or services provided by or on behalf of or in any arrangement with the Company or occasioned to the Purchaser or any third or other party or to his or their property or interest and whether or not due to the negligence of the Company, its servants or agents.
- As soon as any of the facts or matters which form any part of any claim or complaint whatsoever become known to the Purchaser, the Purchaser shall within fourteen days notify the Company in writing of the same.
- The Company’s liability shall be limited in all circumstances to the repair or replacement or monetary compensation at the option of the Company of any goods manufactured by it which are returned only upon written authority of the Company.
- The Company shall not be liable in any circumstances for any:
- defects or damage caused in whole or in part by misuse, abuse, neglect, electrical or other overload, unsuitable lubricant, improper installation, repair or alteration (other than by the Company) or accident.
- any transport, installation, removal, labour or other costs.
- goods not manufactured by it but the Company will endeavour to pass on to the Purchaser the benefit of any claim made by the Company and accepted by the Purchaser and the benefit of any claim made by the Company and accepted by the manufacturer of such goods under warranty given by the manufacturer provided that nothing contained in this sub-paragraph shall limit the rights of the Purchaser to proceed against the Company pursuant to the Trade Practices Act 1974.
- technical advice on assistance given or tendered by it to the Purchaser whether or not in connection with the manufacture, construction or supply of goods for or to the Purchaser provided always that the Company has rendered such conditions with due care and skill and that any materials supplied in connection with those services are reasonably fit for the purpose for which they are supplied.
Containers (which expression shall include but shall not be limited to, stillages, formers and pallets), in or on which goods are delivered and for which a deposit charge is made, remain the property of the Company.
On the containers return in good order and condition the deposit will be returned to the Purchaser.
The deposit for containers which the Purchaser returns otherwise than in good order and condition shall only be refunded in part having regard to their actual condition.
Containers will be deemed to be not returned by the Purchaser until received into the Company’s store.
INSOLVENCY & DEFAULT
If the Purchaser makes default in any payment due hereunder:
- a resolution is passed or proposed, or a petition is presented, or an application filed for the winding up of the Purchaser,
- a receiver or receiver and manager is appointed of the property or any part of the property of the Purchaser,
- the Purchaser makes or proposes to make any arrangement with its Creditors,
- the Purchaser is placed under official management,
- execution is levied upon the assets of the Purchaser for an amount in excess of $1,000.00 and is not within seven days satisfied, then and in any such event the Company may at its option withhold further deliveries or cancel the contract without prejudice to its rights hereunder PROVIDED HOWEVER that the Company may at any time and from time to time upon such terms as it may determine waive any of its rights under the Clause, but without prejudice to its right thereafter to rely upon the happening thereafter of any of the events hereinbefore referred to or upon the continuation after any such waiver of any state of affairs the subject of such waiver.
- Title to the goods to be delivered will not pass to the
Purchaser until payment in full for the goods has been received by the Company.
Until the date of final payment, the Purchaser shall store the goods so that they are clearly identified as the property of the Company.
- In addition to any lien to which the Company may, by statute or otherwise be entitled, the Company shall in the event of a Purchaser’s insolvency, bankruptcy or winding up, be entitled to a general lien on all property or goods belonging to the Purchaser in its possession (although such goods or some of them have been paid for) for the unpaid price of any other goods sold and delivered to the Purchaser under this or any other arrangement, understanding or contract.
In the event that the goods are covered by insurance taken out by the Company, the Company will only be liable to the extent of any indemnity provided.
RISKUnless otherwise agreed in writing, all goods shall be at the Purchaser’s risk upon delivery to the Purchaser, his carrier or agent.
- Unless otherwise agreed in writing, payment terms are
net cash 7 days from the end of the month in which the goods are delivered to
the Purchaser, his carrier or agent.
The Company is entitled to recover liquidated damages on any amount outstanding of any amount equal to two percent of that amount for each month or part of the month from the due date until the date of payment in full.
- If the Company does not receive forwarding instructions
sufficient to enable it to dispatch the goods within 14 days of notification
that they are ready, the Purchaser shall be deemed to have taken delivery of the
goods and the terms of payment shall apply from such date.
The Purchaser shall be liable for storage charges payable monthly on demand, storage being at the Purchaser’s risk.
- Unless otherwise expressly agreed in writing, the price of the goods shall be that price charged by the Company at the date of delivery plus the amount which the Company is required to pay on account of an excise of sales tax or any other taxes or charges which may be established or levied by any governmental authority (domestic or foreign) upon the goods or any part thereof or the manufacture, use, sale of or delivery thereof.
- Unless otherwise specified, any prices quoted for “Supply Only” goods do not include transportation costs. Such goods shall be supplied ex works.
- Unless otherwise specified, any prices quoted do not include for removal and relocation of air conditioning, electrical, asbestos, plumbing, ceilings or any like building component or service.
- Unless otherwise specified all prices quoted are based on the whole of the quotation being ordered. Should any of the work be deleted the Company shall be entitled to apply a reasonable increase in the price having regard to the prevailing circumstances.
- Unless otherwise specified all prices quoted are based
on the whole of the measuring and the whole of the installation being carried
out in the one stage each.
If, for any reason occur outside the direct control of the Company, the Company is required to either measure or supply and installation the goods in two or more stages the Company shall be entitled to charge a reasonable increase in the price having regard to the prevailing circumstances.
- Unless otherwise specified where quotations call for labour, materials or services to be supplied by others it is to be at no cost to the Company.
- Unless otherwise specified all prices quoted are based on correct finishing processes and materials being available in the correct quantities direct from Melbourne suppliers, failing which the Company shall be entitled to charge a reasonable increase in the price having regards to the prevailing circumstances.
- Unless otherwise specified where site situations call
for site labour other than tradesmen, i.e. Builders Labourers to unload, carry,
handle all quoted products, installation materials, equipment, etc. all such
labour shall be supplied by others at no cost to the Company.
Should the required labour not be available within a time deemed reasonable by the Company, the Company may employ labour as necessary and be entitled to charge all additional expenses, including administration costs, to the Purchaser.
WORK BY OTHERSUnless otherwise expressly agreed in writing the price of the goods does not include the supply or installation of support beams, threaded rods and nuts, pelmets, track surrounds or jambs.
These items and any other materials required to prepare an opening shall be supplied and fixed by others unless otherwise agreed in writing.
PERMITS AND FEES
Unless otherwise expressly agreed in writing the price of the goods does not include the cost of building permits and/or fees of any description.
Any work or materials not specified in any quotation made by the Company which may be required as a result of any notice or direction received by the Company or the Purchaser at any time from any statutory authority empowered by law to make requirements and give direction relating to buildings or land shall be treated as a variation and not part of the quotation and shall be carried out at the expense of the Purchaser.
TOLERANCESFor optimum performance, openings should be square, true and parallel to a tolerance not exceeding:
- + .6mm in 3metres non-accumulating for operable walls and accordion doors,
- + .3mm in 3metres non-accumulating for operable walls with bottom sweep vinyl seals.
If the Purchaser elects to have the goods installed into an out of tolerance opening, then the Purchaser assumes full responsibility for rectification of damage or defects in performance of the goods arising there from.
RETURNSPrior approval from the Company is required before any return of goods, which in turn will be subject to a 20% restocking charge.
Special purchases are non-returnable.
OWNERSHIP OF GOODS
All Goods supplied by the Company to the Customer shall remain the property of the Company until all monies have been paid in full, and all cheques and all other negotiable instruments have been cleared. Pending legal action and beneficial ownership of the goods passing to the Customer, the Customer must not encumber the Goods in any way.
Until the payments referred to in clause 21 above are received by the Company, the Customer shall hold the Goods as fiduciary bailee and agent of the Company, and as an incident of the said fiduciary, bailment and agency relationship, but without limiting the generality of the foregoing, the Company’s representatives shall be entitled to enter upon premises owned or occupied by the Customer to inspect the Goods.
If the Customer;
- makes default in any payment due under this Agreement under which payment is due to the Company in respect of the supply of goods.
- (in the opinion of the Company’s Credit Manager or equivalent officer) is, or is likely to become, bankrupt or insolvent.
- has a receiver, administrator, trustee or similar officer appointed over its property.
- disposes of, or threatens to dispose of, its assets other than in the ordinary course of business.
The Company’s representatives may (without prejudice to any other rights of the Company) with or without notice, and forcibly if necessary, enter upon any premises owned or occupied by the Customer where the Company’s Credit Manager or equivalent officer reasonably believes the Goods may be stored and recover, and do all things necessary to recover the Goods.
- Contact Us
- P: (03) 8366 1900
- E: email@example.com
- New Zealand
- P: (04) 586 7162
- E: firstname.lastname@example.org
- Operable Walls
- Glass Walls
- Accordion Doors
- Washroom Cubicles
- Service & Maintenance
- Manufacturing Services
- Major Projects
- Melbourne Convention Centre
- Architects Design Centre
- Operable Walls
- Glass Walls
- Accordion Doors
- Washroom Systems
- Tracking Systems
- Operable Walls
- Glass Walls
- Accordion Doors
- Washroom Systems
- Major Projects