Terms & Conditions
RSC DIESEL PTY LTD
(the “Supplier”) ABN 11 092 772 819
CASH TERMS OF SUPPLY
The sale of goods or the provision of services by the Supplier to you are subject to these Terms of Supply (Terms):
1. You warrant that you have had the opportunity to read these Terms and to seek your own independent advice (including legal advice) about them and further warrant that you have full understanding of these Terms and undertook such negotiations about them terms as you desired. These Terms apply notwithstanding the terms of any order placed by you. These Terms constitute the entire agreement between you and the Supplier and all previous negotiations, warranties, undertakings and understandings are hereby superseded.
2. Goods and/or completed work must be paid in full on or prior to collection or on or prior to delivery as required by the Supplier.
3. If the Consumer requests the Supplier to supply goods and/or services to the Consumer, the Supplier may give the Consumer a written quote specifying the work proposed to be done in order to fulfil the Consumer’s request and an Estimate for that work. The Supplier is not required to commence work until the quote has been accepted by the Consumer. Acceptance may be in writing (including email) and until it is accepted the quote does not give rise to a binding contract. Upon acceptance the Supplier will perform the work and the Consumer will pay for the work in accordance with the quote and this Agreement. If there is any discrepancy between the quote and this Agreement the terms of the quote prevail. Upon acceptance of the quote the Consumer may not cancel the work. Quotes remain valid for 30 days from the date they are given and may be withdrawn by the Supplier at any time by notice to the Consumer prior to acceptance. The Estimate in the quote is based on the cost of production at the time of the quote and is subject to amendment before or after acceptance of the quote according to the terms of this Agreement and the Supplier reserves the right to amend an Estimate at any time before the order is completed to take into account any rise or fall in the cost of performing the order. Notwithstanding that the Supplier has given a quote the Supplier reserves the right to accept or reject an acceptance of the quote by the Consumer in whole or in part for any reason.
4. You must make all orders in writing and using the form (if any) required by the Supplier. All orders must include such information as the Supplier requires. The Supplier reserves the right to accept or reject any order in whole or in part for any reason, including the unavailability of any goods. The Supplier may require you to pay a deposit of 10% of the total order price before accepting an order. You may not cancel an order unless the Supplier fails to dispatch the goods ordered or supply the services within a reasonable time. The internal records of the Supplier are conclusive proof of the placement and terms of any order (except in case of demonstrated manifest error). Clerical errors are subject to correction and do not bind the Supplier.
5. The goods are at your risk from the time the goods are collected on your behalf, or from the time they are dispatched to you (if the goods are to be delivered to you).
6. The Supplier will notify you when goods ordered are ready for collection. You must pay the Supplier’s holding costs if the goods are not collected within seven days of such notification.
7. The Supplier will arrange delivery of the goods to an address nominated by you if you so request however you are responsible for any freight, transportation, insurance, packing, storage and handling charges. The Supplier reserves the right to require you to use your freight account or your own freight supplier to deliver the goods. The Supplier makes no warranty as to time or delivery and is not responsible for delays in delivery or failure to deliver due to causes beyond the Supplier’s control. The Supplier may part deliver an order. You must:
(a) provide a delivery address at the time of placing the order;
(b) ensure that the delivery address provides for safe and unobstructed access via properly formed roadway;
(c) be present at the time of delivery (failing which the Supplier may unload the goods, without responsibility for any claims, damages, expenses or costs resulting or arising therefrom); and
(d) pay the Seller’s costs of delivery and return fee if the Goods cannot be delivered for whatever reason.
8. You are deemed to have inspected and accepted the goods as being in satisfactory condition and in conformity with the description of the goods upon collection of the goods on your behalf, or in the case of delivery, upon the expiration of 48 hours from the time of delivery unless during that period the Supplier receives notice from you as to delivery of faulty goods or incorrect goods.
9. If the Australian Consumer Law applies to this Agreement then the goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Where it is lawful to do so the Supplier limits its liability for failure to comply with a consumer guarantee to one or more of the following:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
If the Australian Consumer Law does not apply to this Agreement then except for any terms, conditions or warranties implied by law which are not capable of exclusion, or as otherwise expressly provided in this Agreement, all conditions, warranties, terms, undertakings, duties and obligations expressed or implied by law in any way relating to goods or services (including as to merchantability, fitness or otherwise) are hereby excluded and the Supplier shall not be liable in contract, tort, negligence, breach of statutory duty or otherwise in respect of any loss or damage claimed for demands of any nature arising directly or indirectly out of provision of goods or the supply or services by the Supplier.
10. These Terms are governed by and constructed under the laws of Queensland, Australia. Any legal action in relation to this Agreement may be commenced in Cairns, Queensland, Australia.
11. If any term or condition is or becomes illegal or unenforceable it will be severed and none of the remaining terms or conditions will be affected.
12. If the Supplier is prevented from or restricted in carrying out its obligations on any matter beyond the Supplier’s reasonable control, then the Supplier is excused from carrying out its obligations to the extent of the cause of the non-performance but the Supplier must use its best endeavours to avoid or remove the cause of the non-performance as quickly as reasonably possible.
13. Any failure by the Supplier to exercise any right under this agreement does not operate as a waiver and the single or partial exercise of any right by the Supplier does not preclude any other or further exercise of that or any other right by the Supplier.
14. The Supplier’s rights under this agreement are cumulative and not exclusive of any rights provided by law.
15. The Supplier retains information in relation to you and uses it only for the purpose for which it was collected or where you would reasonably expect the Supplier to use or disclose information as part of normal business activities, or when required by law. You may access its information and correct and update that information at any time by contacting the Supplier. The Consumer authorises the Supplier to provide information about the Consumer and the Consumer’s dealings with the Supplier to Scania Australia Pty Ltd.
16. If the Supplier’s dealer increases prices the Supplier will advise the Customer and the Customer may cancel the order (provided that it has not yet been delivered to the Supplier) provided written notice is given to the Supplier within five (5) days after the notice of change in price has been given.
17. Payments by credit card incur additional 1.5% transaction fee.
18. All property of the Consumer left with the Supplier remains at the risk of the Consumer and the Consumer releases the Supplier from any action or demand due to any damage or loss, (including consequential loss) while the property of the Consumer is with the Supplier or under the Supplier’s care, custody or control.