Terms & Conditions

Agreement to buy and sell

1. The order of goods set out in item (insert)(hereinafter referred to as “the goods”) are sold by Rotalift Pty Limited (ABN 27302721219) (“hereinafter referred to as “Rotalift”) to the buyer set out in item (insert)(hereinafter referred to as "the buyer”) under these terms and conditions subject to any terms implied by law that cannot be excluded or varied.

Payment

2.1 Unless stated otherwise the price is exclusive of GST.

2.2 The buyer must pay the price of the goods, plus the GST to Rotalift within 30 days of Rotalift giving the buyer notice that the goods are ready to be collected.

Collection of the goods

3.1 Rotalift will prepare the goods for collection by the buyer or the buyer’s courier at Rotalift’s premises. When the goods are ready for collection, Rotalift will notify the buyer. Within [number of days] days of receiving notification that the goods are ready for collection pursuant, the buyer must collect the goods from Rotalift's premises.

3.2 The collection date made known to the buyer is an estimate only. Rotalift will endeavour to make the goods available for collection by the estimated collection date but is not liable for any delays.

3.3 Where Rotalift itself makes arrangements for delivery of the goods to the buyer, Rotalift agrees to do so only on behalf of the buyer and at the buyer’s risk and expense.

3.4 Rotalift is not liable for any loss or damage to the goods whilst in transit. Once the goods are collected by the buyer or its courier the risk passes to the buyer. Rotalift is not obliged to insure the goods at any stage.

3.5 Rotalift may deliver the goods to the buyer in instalments. If Rotalift does so and any one of those instalments is defective in any way this will be a severable breach that does not permit a repudiation of this agreement.

Passing of title

4.1 Title to the goods passes to the buyer upon payment in full being received by Rotalift.

4.2 If the goods are resold, or products manufactured using the goods are sold by the buyer, the buyer will hold such part of the proceeds of such sale as represents the price of the goods sold or used in the manufacture of the goods sold, in a separate account as the beneficial property of Rotalift and will pay that to Rotalift upon request.

4.3 Notwithstanding clauses 4.1 and 4.2 above, Rotalift can claim against the buyer for the price of the goods.

Passing of risk

5. Risk in each order passes to the buyer upon delivery of that order to the buyer or collection of that order by the buyer's agent or courier as the case may be.

Drawings and Specifications

6. Any drawings and specifications and performance figures provided by Rotalift are approximate only. Any deviation from these and the actual specifications or performance of the goods delivered does not entitle the buyer to end this agreement or claim against Rotalift.

Description for identification only

7. The description of the goods which appears in this document is given solely for identifying the specific goods that are the subject of this sale and does not constitute this contract as a sale by description.

Limitation of Liability

8.1 Subject to clause 8.2 and to the extent permitted by law, the sole obligation of Rotalift is to endeavour to provide the goods or to repair the goods or repair or replace (at Rotalift's discretion) any part of the goods which is found to be defective during the warranty period and Rotalift will not be liable for any other claims or damages including, but not limited to, claims for faulty design, advice, damages arising from loss or use of the goods, and any indirect, special or consequential damages or injury to any person, corporation or other entity.

8.2 To the extent permitted by law Rotalift limits its liability to payment of an amount equal to the lowest of:

(a) the cost of replacing the goods;

(b) the cost of repair of the goods;

8.3 Notwithstanding any other clause Rotalift will not be liable for default or failure in performance of its obligations resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond the reasonable control of Rotalift.

Payment

9.1 The buyer must pay for the goods within 30 days from the date Rotalift issues it’s tax invoice.

9.2 If the buyer fails to make payment by the due date then Rotalift, without prejudice to other rights it may exercise, may:

(a) suspend or cease deliveries of the goods; and/or

(b) appropriate any payment made by the buyer to such of the goods supplied under any agreement with the buyer as Rotalift in its sole discretion thinks fit.

9.3 If the buyer does not pay for any goods by the due date, without prejudice to any other right or remedy:

(a) all outstanding money carries interest on daily balances until paid at a rate of interest per annum equal to two (2) percent in excess of the interest rate charged by the National Australia Bank on overdraft accounts for sums up to $50,000 Australian dollars; and

(b) Rotalift may recover the price of the goods together with all interest forthwith from the buyer as a liquidated debt in a court or tribunal of competent jurisdiction irrespective of any claim that the buyer may have against Rotalift for any thing or matter related to the goods supplied.

Acknowledgement and Limited manufacturer's warranty

10.1 The buyer acknowledges that Rotalift is not the manufacturer of the goods.

10.2 During the period of ninety (90) days from the date of delivery of the products from Rotalift to the buyer, Rotalift will replace or repair any defective products without charge so long as the damage does not arise from:

(a) improper adjustment, calibration or operation by the buyer;

(b) the use of accessories including consumables, hardware, or software which were not manufactured by or approved in writing by Rotalift;

(d) any modifications of the goods which was not authorised in writing by Rotalift;

(e) any misuse of the goods;

(f) any use or operation of the product outside of the physical, electrical or environmental specifications of the goods;

(g) inadequate or incorrect site preparation;

(h) inadequate or improper maintenance of the goods; and

(i) fair wear and tear.

10.3 All transportation charges incurred in returning defective goods, or any of its component parts, for repair, together with the cost of returning them to the buyer must be paid by the buyer.

Proper law

11. This agreement is subject to the law of New South Wales.