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CASAR TERMS AND CONDITIONS SUPPLY OF SERVICE

 

Lankhorst Euronete Australia T/A Casar Australia

TERMS AND CONDITIONS FOR SUPPLY OF ROPE TESTING SERVICES

The term “Seller” means Lankhorst Euronete Australia Pty Ltd T/A Casar Australia ACN 126 638 980 and the customer or person or entity purchasing the Services from Seller is referred to as “Buyer”.

 

  1. SUPPLY OF SERVICES.

(a)  Seller will supply and Buyer will acquire the Services on the terms and conditions outlined in this document ("Terms and Conditions").

(b)  Seller will prepare a Quotation for the Buyer. There is no contract for the supply of Services until the Buyer accepts the Quotation by notifying the Seller in writing (including by email).

(c)  These Terms and Conditions, any price list or schedule, Quotation, order, acknowledgment or invoice from Seller relevant to the supply of the Services and all documents incorporated by reference herein or therein, constitute the entire agreement (“Agreement”) between Buyer and Seller regarding the Services. All proposals, advice, Quotations, deliveries, or other auxiliary services are provided exclusively on the basis of these Terms and Conditions.

(d)  Any terms and conditions of any order or other instrument issued by the Buyer, in connection with the subject matter of these Terms and Conditions, which are in addition to or inconsistent with these Terms and Conditions, will not be binding on Seller in any manner whatsoever unless explicitly accepted by Seller in writing.

(e)  Acceptance by Seller of Buyer's request for Services is expressly limited to and conditioned upon Buyer's acceptance of, and assent to, these Terms and Conditions. Any additional, inconsistent or different terms and conditions contained in any documents submitted by Buyer to Seller at any time are hereby expressly rejected by Seller.

 

  1. PRICES.

(a)  Unless otherwise agreed in writing, the price payable for the Services is the price set out in the Quotation.

(b)  Quotations are based on the notified requirements of the Buyer and may include amounts for: (i) theSeller's minimum daily rate for labour costs; (ii) Certificate/report issue fees; (iii) transport and freight required to transport the Equipment to the Site; and (iv) travel and accommodation costs for the Seller's personnel to attend the Site.

(c)  If the actual Services required are beyond the scope of the Services referred to in the Quotation (including in respect of the timeframe to deliver the Services), the Seller is entitled to increase the price payable for the Services to reflect the increased Services required.

 

  1. TERMS OF PAYMENT.

(a)  Seller may invoice the Buyer for the Services at the times and for the amounts specified in the Quotation and any increase under clause 2(c).

(b)  The Buyer must pay each invoice in full within 30 days of receipt.

(c)  If Buyer fails to pay an invoice: (i) Buyer must pay to Seller interest on any outstanding amounts owed to Seller at a rate of 1.5%, calculated daily from the date of default, together with all costs and expenses incurred by Seller in connection with Buyer's failure to pay on time; and (ii) Seller reserves the right to suspend all Services until all defaults in payment have been rectified, and all outstanding amounts paid.

(d)  If Buyer terminates the Agreement in accordance with clause 12(a), Buyer must reimburse Seller for any costs that Seller has incurred in relation to providing the Services as at the date of termination, within 30 days.

(e)  Buyer will pay any amounts owing to Seller under the Agreement in full, and will not set off payment against debts or liabilities owed by Seller to Buyer, except for those debts acknowledged in a credit invoice issued by Seller to Buyer.

 

  1. DELIVERY OF SERVICES.

(a)  This clause 4 applies to the extent that any part of the Services are provided at the Site.

(b)  The Buyer is responsible for ensuring that, other than the Equipment, all equipment or other materials (including, drawings, plans or parts) which are necessary for Seller to perform the Services are delivered to or made available at the Site.

(c)  The Buyer will provide sufficient, free and safe access to the Site.

(d)  The Seller will not be liable for any delay arising from a failure to provide equipment, materials or access to the Site when required and the Seller may invoice labour, travel accommodation and other costs incurred due to the delay.

 

  1. SELLER'S OBLIGATIONS. The Seller will:

(a)  provide the Services in accordance with the Quotation and with due care and skill;

(b)  comply with, and ensure its personnel comply with, all safety directions and training reasonably required by the Buyer in relation to the Site;

(c)  provide a report regarding the suitability of the Rope for continued use in accordance with the Standard; and

(d)  if the Rope is suitable for continued use, provide the Certificate to the Buyer within 30 days of the completion of the Services.

 

(a)  Subject to clause 6(b), any condition or warranty which would otherwise be implied in this Agreement in relation to the Services whether by statute or otherwise is excluded.

(b)  Where legislation implies in this Agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under the condition or warranty, the condition or warranty is deemed to be included in this Agreement.

 

(a)  To the extent a guarantee or warranty under the Australian Consumer Law or other legislation (Consumer Guarantee) applies to any services supplied by Seller under this agreement, the liability of the Seller for any noncompliance with the Consumer Guarantee (other than a guarantee for which liability cannot be limited) is limited at the option of the Seller to one of the following: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again; or (iii) a refund of any money paid by the Buyer for the Services.

(b)  Other than as set out in 7(a) and to the extent permitted to be excluded by the Australian Consumer Law, the Seller is not liable to Buyer in respect of any loss or damage (including consequential loss, loss of profits, loss of revenue, loss of opportunity, loss of use, loss of goodwill, loss of data, loss of savings or any other direct or indirect or economic loss or damage whatsoever) whether arising in contract, tort (including negligence), equity, pursuant to statute or under any other principle of law.

 

(a)  The Buyer at all times indemnifies Seller, its subsidiaries, and the officers, employees and agents of Seller and its subsidiaries ("those indemnified") from and against any loss (including legal costs and expenses) or liability suffered or incurred by any of those indemnified arising from any claim against those indemnified where the claim is referable to: (i) a breach by the Buyer of its obligations under the Agreement; or (ii) any wilful, unlawful, or negligent act or omission of the Buyer.

(b)  The Buyer warrants that it has acted reasonably and in good faith to Seller in disclosing to Seller, prior to the Agreement, all information which may have materially affected Seller's agreement to supply the Services to the Buyer, or the terms of the Agreement.

 

  1. Seller is not liable for any act, omission, result or consequence, including but not limited to any delay in delivery or performance or non-performance due to acts of God; acts of Buyer; war; weather; sabotage; civil disturbances or riots; the prior performance of any government order; any order bearing priority rating or order placed under any allocation program (mandatory or voluntary) established pursuant to law; local labour shortage; fire; flood or other casualty; governmental regulation or requirement; shortage or failure of raw material, supply, fuel, power or transportation; breakdown of equipment; strikes, labour disputes or difference with workmen, regardless of whether or not Seller is capable of settling any such labour problem; unforeseen circumstances or any events beyond Seller’s reasonable control whether of similar of dissimilar nature than those above enumerated.

 

10.TAXES. In addition to the price payable under Section 2, on provision of a tax invoice by Seller, Buyer must pay to Seller any tax, duty or charge payable by Seller in respect of any taxable supply made by Seller under the Agreement.

 

11.SELLER'S RIGHT OF TERMINATION. If the Agreement is made in compliance with any governmental rule or regulation, plan, order or other directive, upon the termination, revocation, or rescission thereof, Seller has the option of cancelling the Agreement in whole or in part. If the financial standing of Buyer becomes unfavourable during the period of the Agreement, in addition to Seller’s right to require immediate payment or additional security, Seller in its sole and absolute discretion may withdraw wholly or partly from this and any other agreements to the extent they have not been fulfilled. The rights in this Section 8 are in addition to any other rights of termination by Seller.

 

12.BUYER’S RIGHT OF TERMINATION.

(a)  Subject to Section 12(b), the Buyer cannot terminate the Agreement without the Seller's consent.

(b)  If the Seller is in breach of any term of the Agreement and that breach is not remedied within 90 days of written notice by Buyer to Seller, Buyer may terminate the Agreement by notice in writing to Seller.

 

13.WAIVER.Failure or inability of either party to enforce any right hereunder shall not waive any right in respect to any other or future rights or occurrences.

 

14.VARIATION. Seller may change the Terms and Conditions by notice in writing to Buyer. Changes are not retrospective and will apply to any Quotation accepted by Seller after the date of the notification. The terms of the Agreement otherwise may only be varied with the consent of both parties in writing.

 

15.APPLICABLE LAW. Interpretation of the Agreement and all transactions between the parties shall be governed by and interpreted in accordance with the laws of the state of Queensland and the parties submit to the jurisdiction of the courts of Queensland.

 

16.SEVERABILITY. If any provision of the Terms and Conditions is in whole or part contrary to law, invalid, illegal or unenforceable that provision will be read down to the extent necessary to become valid and enforceable, or if this is not possible, will be deemed to be severed from the Terms and Conditions without affecting the remaining provisions of the Terms and Conditions.

 

17.DEFINITIONS.

In these Terms and Conditions:

Certificate means the certificate provided by the Seller following the completion of the Services if the Rope is found to be suitable for continued use as determined in accordance within the Standard as at the date of the Services.

Equipment means the technical equipment used by the Seller to perform the Services.

Quotation means a quotation prepared by Seller.

Rope means the rope described in the Quotation which is to be tested in accordance with the Standard.

Services means the services outlined in the Quotation, including non-destructive electromagnetic testing of a Rope in accordance with the Standard.

Site means the premises at which the Services are to be provided, as described in the Quotation.

Standard means the Australian Standard described as 'AS/NZS 4812:2003:Non-destructive examination and discard criteria for wire ropes in mine winding systems' or such other standard as may be specified in the Quotation.

 



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Contact Details

Phone : 1300 947 326
Fax : 07 5574 6639

sales@leaustralia.com.au
www.leaustralia.com.au

7 Demand Ave
Arundel QLD 4214