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Terms & Conditions of Sale 1. Exclusion of other terms and conditions. The following terms and condition shall apply to the sale of all goods by Super Lift Engineering Pty Ltd to the exclusion of any and all terms and conditions in any documents submitted to Super Lift Engineering Pty Ltd by the customer. 2. Basis of acceptance of quotations. All quotations are based on information provided by the customer (or by third parties on its behalf). Any extra cost or expense arising from incorrect information shall be paid by the customer. 3. Prices. Any quotation submitted or any price set out in any price list is based on the cost of labour and materials at the date of the price list or quotation. Super lift Engineering Pty Ltd may at its discretion increase any such price to reflect changes in the price of labour and materials and manufacturing overheads. 4. Terms of payment. Unless Super Lift engineering Pty Ltd in its discretion agrees to accept payment for goods on deferred terms, the customer shall pay for all goods delivered by Super Lift Engineering Pty Ltd within 30 days from the last day of the month in which the goods are so despatched. Minimum invoice value of $75, all orders below this figure will result in a surcharge being applied. Title of goods remains the property of Super Lift Engineering Pty Ltd until paid for in full. 5. Literature. Advertising and other literature provided by super lift engineering contains general information only and no such information is to form part of any contract between super lift engineering and the customer. 6. Guarantee. 6.1; Super Lift Engineering agrees to repair or replace any parts or equipment supplied by in which develop defects as a result of the use by super lift engineering of faulty material or workmanship within the period of three months after the date of delivery. Any parts that require repair or replacement shall be replaced at the works of Super lift engineering. The cost of freight both ways is to be borne by the customer. Any repaired parts shall become the property of Super Lift Engineering Pty Ltd. 6.2; This guarantee does not include liability for fair wear and tear, negligence or wilful default. 6.3; The benefits conferred by this guarantee are in addition to all other rights and remedies in respect of the goods which the customer has under the trades practices act 1974 ( "the act" ) or any binding enactment of any state or territory which cannot be excluded by agreement. 6.4; In a case in which the goods are other than a kind ordinarily acquired for personnel, domestic or household consumption Super Lift Engineering's liability for any breach of a condition or warranty implied by division 2 of the act (other than a condition or warranty implied by section 69 of the act) is limited to any one or more of the following; (as determined by Super Lift Engineering Pty Ltd in its absolute discretion). ( i ) the replacement of the goods or supply of equivalent goods; or ( ii ) the repair of the goods; or ( iii ) the payment of the cost of replacing of the goods or of acquiring equivalent goods; or ( iv ) the payment of the cost of having the goods repaired. 6.5; if Super Lift Engineering becomes liable to indemnify a seller pursuant to section 74h of the act then such liability is limited to a payment of the of the sum equal to either; ( i ) the cost of replacing the goods; or ( ii ) the cost of obtaining equivalent goods; or ( iii ) the cost of having the goods repaired, whichever the less. 6.6; the foregoing sets out the obligations of Super Lift Engineering Pty Ltd concerning the goods and all other conditions and warranties which may be lawfully excluded whether as to merchantable quality, fitness for any particular purpose, conformity with description or with a sample and whether express or implied by the law are hereby expressly negatived and excluded. 6.7; any alteration, modification or defacing of a Super lift product by any means will void all warranties and liabilities. 7. Delivery. Any time for delivery which is given as an estimate only and super lift engineering will use all reasonable efforts to deliver by such time but in no case shall Super Lift Engineering be liable for any consequential damages in respect of any loss suffered by the customer as a result of any failure to deliver by any specified date. 8. G.S.T. Super Lift Engineering shall be entitled to charge and recover from the customer the amount of any G.S.T. payable in respect of the sale of the goods to the customer. 9. Risk. All goods supplied by Super Lift Engineering Pty Ltd to the customer will be at the customer's risk from the time of despatch. 10. Victorian law. This contract shall be construed and take effect in accordance with the laws of the state of Victoria, Australia. 11. Credits A restocking and handling charge of 20 % of the invoice value or $120.00 will apply to all returned goods, whichever the greater. No credits or returns will be accepted unless claims are made within seven days of despatch, all goods returned must be freight paid and invoice and return authorisation number quoted. Specially manufactured or products not normally stocked or procured goods will not be accepted for credit. 12. Copyright Price lists, catalogues, internet information, brochures, data sheets or images cannot be reproduced in any shape, manner or form, without the prior written permission from Super Lift Engineering Pty Ltd 23 All specifications & dimensions are subject to change without notice. Ph: +(613) 9357 0277 www.superlift.com.au Fax: +(613) 9357 0621