BJH Controls Pty Ltd - General Terms & Conditions
The customer warrants that the information on the front of this Agreement is true and correct and that should any variation occur in the details given which necessitates an increase in costs then such increase in costs shall be born by the customer.
Notwithstanding anything to the contrary herein BJH Controls Pty Ltd (the “Company”) warrants for a period of twelve (12) months from the date of installation the goods supplied and installed pursuant to this Agreement. This warranty is limited to making good any defect proved to the Company's satisfaction provided that no person has serviced or tampered with the goods other than the company.
The Company grants the customer non-exclusive, non-transferable license to use the design, software and related documentation for use on one installation and only as part of the machinery or system for which it is sold. The design, software and related documentation are copyrighted and unauthorised re-use is prohibited.
Deposits, progress payments and payments in full may be invoiced at the discretion of the Company and must be paid within fourteen days of date of invoice. The Company reserves the right to charge interest and/or cease work if such payments are not received. The customer shall pay all amounts outstanding on or before the installation date and no sum shall be retained by the customer under any circumstances unless it is clearly specified herein.
Ownership of the goods sold shall not be passed to the customer until payment in full has been made. In the event that the customer defaults in his obligations contained herein the customer authorises and permits the Company to attend the premises where the goods have been installed for the purpose of removing them. The customer indemnifies the Company for damages caused or costs incurred by the company as a consequence of the recovery of such goods.
The price specified may increase in the event that the customer does not take delivery on the delivery date. Any increase in cost incurred by the Company shall be paid by the customer.
Any delivery or installation dates given are approximate and the Company accepts no liability for delay from any cause whatsoever.
Notwithstanding anything to the contrary herein contained or implied nothing in this Agreement shall or be deemed to exclude or restrict or modify any of the implied conditions and warranties contained in the Trade Practices Act 1974 if and insofar as any of them apply hereto. If by reason of act of God, governmental or semi-governmental enactment priority or restriction, industrial dispute, failure to obtain licenses, transport of materials or any other cause beyond the Company's control delivery or installation is delayed the Company may extend the time for delivery and installation or if the Company is unable to deliver or install this Agreement shall be voidable at the Company's option with no right to either party to claim for damage, loss, cost or expense.
The parties agree that this Agreement contains the entire understanding reached between them and no variation, amendment or waiver hereof shall be valid unless in writing and signed by both parties.
In the event that the customer does not complete its purchase as provided herein for whatever reason then all deposit monies paid shall be forfeited to the company.
The Company shall be at liberty by notice in writing to cancel this Contract if the customer is declared bankrupt or if the customer is subject to a winding up order or if a receiver or manager be appointed or if the customer shall commit any breach or fail to perform any one or more of the terms and conditions herein contained or shall fail to rectify such breach within seven (7) days of notice in writing by the company to do so. The Company may by notice in writing terminate this Agreement forthwith but any such termination shall not affect any other rights or remedies which the Company may have in consequence of any breach or non performance.
Except as otherwise provided herein all conditions and warranties as to the quality and condition and warranty as to the fitness and suitability of the goods sold or how otherwise whatsoever are expressly negatived to the maximum extent which the law allows. Insofar as the law permits all other conditions and warranties which might be implied are also negatived and excluded.
This Agreement shall be governed by the law of the State of Victoria.