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Australian Weighing Equipment Logo

1300 044 044

Store Hours

Mon - Fri: 9:00 -17:30

Location

8 Heald Rd. Ingleburn, NSW 2565
7 Darnick St. Underwood QLD 4119
37 Barrie Rd. Tullamarine, VIC 3043
27 Rhur St. Dandenong Sth, VIC 3175

Australian Weighing Equipment Pty Ltd
Terms and Conditions for Sales and Service

  1. CONTRACT

    1. These terms and conditions, together with any other supplemental written terms we give you pertaining to your order or service agreement, form a contract between you, the buyer of certain equipment (including parts and other merchandise), including software and/or services (the “Buyer”), and us, Australian Weighing Equipment Pty Ltd (AWE) entity identified on the quote, order acknowledgement, service agreement, invoice or other order documentation we give you.
    2. Where there is any inconsistency between these terms and conditions and those contained in any purchase order or proposal, these terms and conditions will prevail to the extent of the inconsistency.
    3. In these terms and conditions, a reference to:
      (a)agreement” is taken to be a reference to the agreement between AWE and the Purchaser set out in the proposal and or the purchase order accepted by the Purchaser, any invoice issued by AWE pursuant to the proposal or purchase order, these terms and conditions and any other document notified by AWE to the Purchaser as forming part of this agreement: and
      (b)A reference to “Goods” is taken to be a reference to the goods and or equipment supplied by AWE to the Purchaser under this agreement and as described in the proposal or purchase order.

  2. QUOTATIONS, PUBLISHED PRICES AND PRODUCT INFORMATION

    1. Quotes and other offers of sale automatically expire 30 calendar days from the date issued unless otherwise stated, and unless AWE withdraws its quotation or offer earlier, which it may do so at any time prior to the Buyers acceptance of the quote or offer.
    2. Quotes and offers relating to custom equipment may rely on certain information and circumstances, including information provided by the Buyer. If information or circumstances on which a quote or offer relies change, AWE may adjust its quote or offer accordingly.
    3. Published prices are not offers to sell and may be changed without notice.

  3. PAYMENT

    1. Payment terms are stated on the AWE order documents. If no payment terms are stated, payment is due 30 calendar days from the date of Invoice or your account credit terms (If provided by AWE) whichever is the more generous will apply.
    2. Buyer may not retain any payment is owes AWE under this contract, or otherwise set-off any amount is owes AWE under this contract, for disputed claims.
    3. If the Customer fails to make a payment when due then the Customer is liable for:
      (a)any interest charged by the Supplier on any overdue amount at the Interest Rate; and
      (b)and must pay on demand to the Supplier all costs and expenses (including legal costs on a solicitor and own client basis) incurred by the Supplier in the recovery or attempted recovery of any overdue amounts.
    4. Amounts received by the Supplier may be applied by the Supplier in its absolute discretion, including toward payment of any interest, costs or expenses owing to the Supplier before being applied against any amounts invoiced for Goods or Services which remain unpaid from time to time.
    5. All applicable taxes (including GST), duties and surcharges (including credit card surcharges) relating to the sale of Goods or Services must be paid by the Customer at the time of payment of the invoice.

  4. GST

    1. It is agreed that all amounts agreed to be paid under or in connection with these Terms are exclusive of GST unless otherwise specified.
    2. If GST is levied or imposed on or in respect of any supply under or in connection with these Terms, then the amount payable for that supply is increased by the applicable rate of GST.
    3. Payment of the GST must be made at the same time and in the same manner as the payment is required under or in connection with these Terms.
    4. In relation to each supply under or in connection with these Terms, the Supplier must provide the recipient a tax invoice in the form required by the GST Law.

  5. CANCELLATION OF ORDERS

    1. Once orders are placed by the Customer and accepted by the Supplier they may only be cancelled with the written approval of the Supplier.
    2. The Supplier is under no obligation to approve a cancellation of an order.
    3. If the Supplier accepts the cancellation of an order, the Supplier will be entitled to charge a reasonable fee for the cost of any work, disbursements, cancellation fees of third parties, materials and/or any administrative costs incurred by the Supplier up to cancellation, which the Customer agrees to pay.

  6. DELIVERY

    1. Delivery shall mean the point in time that the Goods leave the Supplier’s premises:
      (a)by collection by the Customer or its agent, carrier, courier or transporter; or
      (b)by delivery pursuant to the Customer’s specific request.
    2. Unless otherwise agreed by the Supplier:
      (a)the Customer is responsible, at its cost, for collecting the ordered Goods promptly after being informed by the Supplier the ordered Goods are ready for collection and for loading and transporting those Goods; and
      (b)the Customer must pay all handling, freight, transport and delivery charges and expenses and levies associated with the Goods.
    3. Any timeframe provided by the Supplier for delivery is an estimate only and the Supplier will not be liable for a delivery which occurs after an estimated timeframe.
    4. The Supplier may provide partial delivery of ordered Goods and invoice partial deliveries separately.
    5. Any partial delivery will not give the Customer the right to cancel an order or cancel the remaining part of an order.
    6. The Customer is not relieved of any obligation to accept or pay for the Goods by reason of any delay in Delivery.

  7. RISK

    1. The risk in the Goods passes from the Supplier to the Customer on Delivery.
    2. If the Supplier accepts the return of any Goods in accordance with these Terms, risk in those Goods reverts to the Supplier on delivery of those Goods to the Supplier or collection by its agent or courier.

  8. RETENTION OF TITLE

    1. Despite the passing of risk, the Goods supplied by the Supplier to the Customer remain the property of the Supplier and title will not pass to the Customer until it has paid for those Goods in full.
    2. Where the Customer disposes of the Goods before payment to the Supplier, the sale proceeds of such disposal are the property of the Supplier and the Customer will hold those proceeds on trust for the Supplier. In disposing of the Goods before payment to the Supplier, the Customer does so as the Supplier’s fiduciary agent.
    3. Until the Supplier is paid in full for the Goods, the Customer irrevocably authorises the Supplier to enter any premises, including the Customer’s premises, where the Goods are located to retake possession of the Goods or if an Event of Default occurs without notice to the Customer and agrees:
      (a)to promptly return the Goods to the Supplier on demand (and at the Customer’s cost);
      (b)to store the Goods separately at its premises so the Goods can be easily identified;
      (c)to only dispose of the Goods in the ordinary course of its business;
      (d)to not cause the Goods to lose their identifiable character or be intermingled with other Goods by any process of its own or by a third party, expect with the Supplier’s prior written consent;
      (e)that the Customer has no right or claim to any interest in the Goods to secure any liquidated or unliquidated debt or obligation that the Supplier owes to the Customer;
      (f)that the Customer cannot claim any lien over the Goods;
      (g)not to create any absolute or defeasible interest in the Goods in relation to any third party expect with the Supplier’s prior written consent; and
      (h)to not alter, remove or obliterate any labels or otherwise modify the Goods.

  9. PPSA

    1. The Customer grants a security interest to the Supplier in all Goods supplied to it by the Supplier and their proceeds.
    2. The Customer acknowledges and agrees that this is a security agreement for the purposes of the PPSA and that the Supplier may register one or more security interests in the Goods and their proceeds as a purchase money security interest on the register, at the expense of the Customer.
    3. Where the PPSA applies to action taken by the Supplier in relation to the Goods, the Customer waives its right to receive any notices required under sections 95, 118, 120, 121(4), 123, 129, 130, 132(4) and/or 135 of the PPSA.
    4. The Customer waives its rights under section 157 of the PPSA to receive notice of a verification statement.

  10. RETURN OF GOODS

    1. The Customer must inspect the Goods immediately upon Delivery.
    2. Claims regarding the quality, nature, fitness or conformance with the description of the Goods must be made in writing to the Supplier within 7 days of Delivery or the Goods are deemed to be accepted by the Customer.
    3. The Supplier may authorise the Customer to return disputed Goods for inspection. The Supplier will not accept returns of Goods without prior written authorisation.
    4. If returned Goods are found to be faulty, the Supplier will bear the freight costs for their return. If the Goods are not faulty or where the return has not been previously authorised by the Supplier, the Customer will bear the freight costs for their return unless otherwise agreed in writing.
    5. Disputed Goods will only be considered for return if they are in the original packaging, in the order and condition that they were when delivered to the Customer, and accompanied by documentation showing:
      (a)the Customer’s name, address and account number;
      (b)the Supplier’s invoice number;
      (c)the reason for the return; and
      (d)the Supplier’s return authorisation reference.
    6. If a claim under clause 11.2 is justified and made in accordance with these Terms, the Supplier may at its option:
      (a)reduce the price of the Goods by agreement with the Customer;
      (b)accept the return of the Goods and, subject to the Goods being returned in the same condition as they were when delivered to the Customer, refund to the Customer the price paid for the Goods; or
      (c)replace the Goods,
    7. and no additional claims for loss of any nature whatsoever may be made by the Customer against the Supplier.
    8. This clause 11 will not affect the rights of the Customer’s under Sale of Goods or other applicable legislation to return Goods where faults are discovered after purchase of the Goods from the Supplier.

  11. CHANGE OF OWNERSHIP

    1. The Customer must give written notice to the Supplier at least 7 days before:
      (a)the sale of its business; or
      (b)a change of control or ownership occurs in relation to the Customer (including where there is a change in the shareholding so that a different person or persons will control the board of directors of more than 50% of the voting shares (except in the case of a publicly listed company)).
    2. A new Credit Application must be completed and approved by the Supplier before the Supplier will accept orders from a new owner of the business of the Customer which has had a change of control.

  12. LIMITATION OF LIABILITY

    1. The Customer acknowledges and agrees that:
      (a)where materials and components used are not manufactured by the Supplier, the Supplier is not able to check the integrity of those items;
      (b)the customer will not be entitled to make any claim whatsoever against the Supplier for any failure or inadequacy of any of these items, except to the extent the original supplier agrees to rectify or replace these items.
    2. Subject to clauses 11.4 and 11.5, the Supplier excludes all statutory guarantees and/or implied terms and warranties to the maximum legal extent and, to the extent that terms and warranties cannot be so excluded, the Supplier limits its liability under them to (at the Supplier’s election):
      (a)the replacement of the Goods or the supply of the equivalent goods;
      (b)the repair of the Goods; or
      (b)the payment of the cost of replacing the Goods or requiring equivalent goods.
    3. The Supplier is not liable to the Customer under these Terms for any:
      (a)losses of an indirect or consequential nature; or<
      (b)loss of profit, sales, turnover, reputation, retailers, goodwill, anticipated savings, opportunities or loss in connection with another contract.
    4. Nothing in these Terms will exclude, restrict or modify the application of any legislation, including any statutory guarantee, which by law cannot be excluded, restricted or modified.
    5. Anything in these Terms that purports to exclude or limit a term, warranty, statutory guarantee or pre-contractual statement shall apply to the maximum extent permitted by law.

  13. INDEMNITY

    1. The Customer indemnifies the Supplier against and must pay the Supplier on demand any losses, expenses, damages, commissions, interest, charges, liabilities and costs (including legal costs on a solicitor and own client basis) arising from or relating to the Customer’s failure to comply with its obligations under these Terms or breach of these Terms or any related document with the Supplier.
    2. Any losses, expenses, damages, commissions, interest, charges, liabilities and costs referred to in clause 12.1 may be recovered by the Supplier as a liquidated debt.

  14. FORCE MAJEURE

    1. AWE will not be liable to the Purchaser or deemed to be in breach of this agreement by reason of delay or performance, or failure to perform any of AWE’s obligations, if the delay or failure was due to any cause beyond AWE’s reasonable control including, but not limited to:
      (a)losses of an indirect or consequential nature; or
      (b)Explosion, flood, tempest, earthquake, volcano, fire or accident
      (c)War or threat of war, sabotage, insurrection, civil disturbance or requisition;
      (d)Acts, restrictions, regulations, laws, prohibitions, or measures of any kind of any local or federal governmental authority;
      (e)Defective performance of carriers;
      (f)Import or export regulations or embargoes
      (g)Strikes, lock-outs or other industrial actions or trade disputes (whether involving AWE or a third party);
      (h)Difficulties in obtaining raw materials, labour, fuel or parts of machinery
      (i)Failure or breakdown in machinery; or;
      (j)Endemic or pandemic;
    2. And for as long as such circumstances exist, AWE may, at is discretion, cancel, rescind or terminate all or any part of this agreement of keep the agreement on foot until such circumstances have ceased.

  15. ORDERS

    1. Each order placed by a Customer shall constitute an offer by the Customer to purchase from the Supplier Goods and/or Services on these Terms.
    2. If the Supplier elects to accept a Customer’s order, an agreement shall have been entered into between the Customer and the Supplier in relation to the Goods and/or Services ordered, pursuant to these Terms.
    3. The Supplier reserves the right, at any time up to Delivery, to:
      (a)amend the price of the ordered Goods and/or Services;
      (b)decide not to supply the ordered Goods and/or Services.
    4. If the Customer fails to provide the Supplier with any information, documents or instructions requested by the Supplier in relation to an order, the Supplier may reject the order or suspend work relating to the order.
    5. The Customer may only revoke an order by giving writing notice of such revocation to the Supplier before the Supplier accepts an order.
    6. If the Customer fails to give notice to the Supplier pursuant to clause 3.5, the Customer will be bound by the order and any additional costs or expenses incurred by the Supplier in relation to that order.
    7. The Supplier is not liable to the Customer for any loss or damage suffered as a result of or relating to the:
      (a)non-supply of ordered Goods and/or Services;
      (b)amendment of the price of ordered Goods and/or Services;
      (b)a request from the Supplier pursuant to clause 3.4;
      (b)an attempt to revoke an order after it has been accepted by the Supplier
    8. The Supplier may refuse or cease to supply Goods or Services (or both) to the Customer at any time without cause.
    9. The Supplier will endeavor to comply with the Customer’s reasonable order specifications and meet the delivery dates and instructions requested by the Customer. However, if there is any delay of delivery or failure to meet delivery instructions for any reason the Customer will not be entitled to claim compensation from the Supplier or to cancel or rescind the order.
      (a)the Supplier has insufficient goods to fulfil the order;
      (b)the Goods ordered or their components have been discontinued; or
      (b)the Supplier has determined, in its absolute discretion, that credit or Goods should no longer be extended to the Customer.
    10. If an event occurs that is beyond the reasonable control of the Supplier and results in the Supplier being unable to observe or perform an obligation under these Terms on time (including acts of God, natural disaster, war, malicious damage, strikes, industrial dispute, interruption in the Supplier’s supply chain, fire, shortages of raw materials or transport or import restrictions) the Supplier will have no obligation to deliver Goods and while the circumstances continue the Supplier may cancel or rescind all or any part of an order or keep the order on hold.

  16. SUSPENSION OR TERMINATION

    1. The Supplier may cease accepting orders from the Customer at any time.
    2. Without prejudice to any of its other rights, the Supplier may suspend deliveries, require payment in advance of delivery or terminate any or all of the Customer’s orders by written notice to the Customer.

  17. OTHER COVENANTS

    1. The Supplier may at any time after giving at least fourteen (14) days notice in writing to the Customer vary these Terms. The Terms as varied will not apply to any sale already in existence at the date of change.
    2. A party’s failure or delay to exercise a power or right does not operate as a waiver of it. The exercise of a power or right does not preclude its exercise in the future or the exercise of any other power or right.
    3. Any provision of these Terms that, by its nature, is intended to survive termination of these Terms will continue to operate after the supplier/buyer relationship of the parties is terminated.
    4. If any provision of these Terms is found to be invalid or unenforceable then it is deemed to be severed and the remainder of these Terms will remain valid and enforceable.
    5. The Customer may not assign the benefit of these Terms except with the prior written consent of the Supplier.
    6. Unless otherwise agreed in writing the Supplier and the Customer acknowledge that these Terms constitute the entire agreement in relation to its subject matter. All representations, communications, and prior agreements are superseded by these Terms.
    7. The laws in force in the State of Queensland govern these Terms and the parties submit to the nonexclusive jurisdiction of the Courts of that State and Courts able to hear appeals from them.

  18. DEFINITIONS

    1. Unless the context requires otherwise, in these Terms:
      (a)Additional Security includes any personal guarantee, indemnity or charge given to the Supplier to secure the Customer’s payments and other obligations to the Supplier;
      (b)

      AWE Group means each of the following jointly and severally:

      (a)Australian Weighing Equipment Pty Ltd ACN 002 940 301
      (b)Bulk Recovery Solutions Pty Ltd ACN 148 898 784;
      (c)Gedge Systems Pty Ltd ACN 137 673 235; and
      (d)Rite-Weigh Scales Pty Ltd ACN 102 258 524;
      (c)Credit Account means a Credit Application which has been properly completed by a customer and approved by the Supplier;
      (d)Delivery has the meaning in clause 4.1;
      (e)Event of Default means:
      (f)Goods means the goods which the Customer has ordered from, or been supplied with by, the Supplier from time to time;
      (g)GST means the goods and services tax under the GST Law;
      (h)GST Law means A New Tax System (Goods and Services Tax) Act 1999 and includes other GST related legislation;
      (i)Interest Rate means the rate of 1.5% per month or part thereof;
      (j)

      Insolvency Event includes, if the Customer:

      a.being a natural person commits an act of bankruptcy;
      b

      being a corporation is subject to:

       a petition being presented, an order being made or a meeting being called to consider a resolution for the buyer to be wound up, deregistered or dissolved;
      ii.a receiver, receiver and manager, administrator or liquidator under the Corporations Act 2001 being appointed to all or any part of the Customer’s property and undertaking;
      iii.the entering of a scheme of arrangement (other than for the purpose of restructuring);
      iv.any assignment for the benefit of creditors;
      v.fails to comply with or set aside a creditor’s statutory demand when required;
      (k)Invoice means an invoice issued by the Supplier to the Customer for Goods and/or Services;
      (l)Payment Date means, where credit is available to the Customer – the date which is not later than 30 days after the end of the month in which Goods or Services have been invoiced by the Supplier to the Customer, otherwise, the payment date specified in the Supplier’s invoice;
      (m)PPSA means the Personal Property Securities Act 2009;
      (n)Purchase Agreement means any order for Goods and/or Services from the Customer to the Supplier which is accepted by the Supplier;
      (o)Services means any services provided by the Supplier to the Customer or which the Supplier has agreed to arrange for the Customer;
      (p)Supplier means the supplier specified in the Credit Application completed by the Customer and the AWE Group;
      (q)Terms means these Credit Account Conditions, as amended from time to time.
    2. In these Terms, unless the context requires otherwise:
      (r)

      a reference to:

      a.one gender includes the other genders;
      b.the singular includes the plural and the plural includes the singular;
      c.a person includes a natural person, partnership, body corporate, joint venture, association, government, authority, agency or other entity;
      d.a party includes that party’s executors, administrators, successors and permitted assigns;
      e.a document is to that document as amended, novated or replaced from time to time;
      f.money is to Australian dollars;
      g.“including” and similar expressions are not words of limitation;
      h.a statute, regulation or provision of a statute or regulation (“Statutory Provision”) includes:
      i.that Statutory Provision as amended or re-enacted from time to time; and
      j.a statute, regulation or provision enacted in replacement of that Statutory Provision, or if relevant, the predecessor to that statute, regulation or provision;
      k.where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
      l.terms defined in GST Law have the same meaning in these Terms; and
      m.terms defined in the PPSA have the same meaning in these Terms.
      (s)A provision of these Terms must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of these Terms or the inclusion of the provision in these Terms.
      (t)If an act must be done on a specified day which is not a Business Day, it must be done instead on the next Business Day.
      (u)Any Schedule and Annexure to these Terms forms part of these Terms.
      (v)If a party consists of more than one person, these Terms binds them jointly and each of them severally.
      (w)Headings are for convenience only and do not affect the interpretation or form part of these Terms.
      (x)A Customer which is a trustee is bound in its capacity as a trustee and personally.

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The AWE Group

Hotline:
1300 044 044

  • 8 Heald Rd. Ingleburn, NSW 2565
  • 7 Darnick St. Underwood QLD 4119
  • 37 Barrie Rd. Tullamarine, VIC 3043
  • 27 Rhur St. Dandenong Sth, VIC 3175

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