PHONE: +61 7 5478 9977    EMAIL: sales@smartlinemachinery.com

Terms & Conditions of Sale:

DEFINITIONS

In these terms and conditions the following expressions shall have the following meanings:

  • Conditions: Means these Terms & Conditions of Sale.

  • Customer: Means a person, firm or corporation, jointly and severally if there is more than one, acquiring goods or services.

  • Goods: Means goods supplied by Smartline Machinery Pty Ltd to the Customer.

  • GST: Means any tax imposed by government, whether at point of supply or at some other specified occurrence, by whatever name, and includes (without limitation) a goods and service tax, a broad based consumption or indirect tax and value - added tax.

  • Smartline: Means Smartline Machinery Pty Ltd.

  • Services: Means services supplied by Smartline Machinery Pty Ltd to the Customer.

  • Tax Invoice: Means a tax invoice which complies with the definition in section 29-70 of A New Tax System (Goods and services Tax) Act 1999 any amending legislation.

BASIS OF CONTRACT

2.1 The Conditions apply exclusively to every contract for the sale of goods or services by Smartline to the Customer and cannot be varied or supplanted by any other conditions including those that may be proffered by a Customer or printed on a Customer’s purchase order unless expressly accepted in writing by Smartline.

2.2 No order is accepted until a written confirmation from Smartline is given to the Customer.

2.3 Any written quotation provided by Smartline to the Customer in respect of the proposed supply of goods or services is deemed to be an invitation only to the Customer to place an order based upon that quotation. Quotations are valid for 30 days from the quotation date unless otherwise stated.

2.4 The goods or services are not designed for offshore installations, aircraft or maritime applications, potentially explosive environments or in connection with nuclear power. The goods and services should not be used for any such installation or applications.

PAYMENT

3.1 Unless otherwise agreed in writing, payment for goods must be made in full upon delivery of the goods or services.

3.2 If credit terms are provided by Smartline, payment for goods is to be made within credit terms of Smartline’s invoice date or as agreed in writing by Smartline.

PAYMENT DEFAULT

4 .1 If the Customer defaults in payment by the due date of any amount payable to Smartline, then all money which would become payable by the Customer to Smartline at a later date on any account, become immediately due and payable without the requirement of any notice to the Customer, and Smartline may; without prejudice to any other remedy available to it:

Charge the Customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983(Vic) plus 2% cent for the period from the due date until the date of payment in full;

  • Charge the Customer for all expenses and costs (including legal costs on an indemnity basis) incurred by it in taking whatever action it deems appropriate to recover any sum due;

  • Cease or suspend for such period as Smartline thinks fit, supply of any further goods or services to the Customer.

  • By notice in writing to the Customer, terminate any Agreement with the Customer so far as unperformed by Smartline;

  • Retain any deposit paid and apply it against any costs and expenses incurred by Smartline as a result of the default.

4.2 Clauses 4.1 (c) and (d) may also be relied upon, at the option of Smartline:

Where the Customer is an individual and becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally; or

Where the customer is a corporation and it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dis solution without winding up of the Customer.

PASSING OF PROPERTY

5.1 Until full payment in cleared funds is received by Smartline for all goods and services sold by it to the Customer, as well as all other amounts owing on any account to Smartline by the Customer

  • Title in the goods remains vested in Smartline and does not pass to the Customer;

  • The goods are held as fiduciary bailee and agent for Smartline;

  • Where practicable the Customer must keep the goods separate from its goods and maintain the labelling and packaging of Smartline;

  • The Customer is required to hold the proceeds of any sale of the goods on trust for Smartline and if the Customer uses the goods in some manufacturing or construction process of its own or some third party, the customer shall hold such part of the proceeds of such manufacturing or construction process as relates to the goods, in trust for Smartline;

  • Smartline may without notice, enter any premises it suspects the goods maybe and remove them, notwithstanding that they may have been attached to other goods not the property of Smartline, and for this purpose the Customer irrevocably licenses Smartline to enter such premises and also indemnifies Smartline from and against all cost, claims, demands or actions by any party arising from such action.

PRICING

6.1 Each amount, of whatever description, specified as payable by the Customer to Smartline under any Contract or Agreement is expressed net of GST. In addition to the amount payable, the Customer must pay to Smartline on demand, the GST payable by Smartline in respect of that amount. Prices for the supply of goods and services exclude any other taxes, duties or imposts imposed on or in relation to the goods or services in Australia or overseas.

6.2 The Customer must arrange and pay for all costs associated with the carriage and insurance of the goods from Smarltine’s nominated collection address.

6.3 Smartline reserves the right to vary its prices, without notice to the Customer, up to the time when final confirmation of the order is given by Smartline.

6.4 Where there is a change in the costs incurred by Smartline which are outside the control of Smartline to the goods or services. Smartline may vary its price for the goods or services to take account of such change even after the final confirmation of orders given by Smartline.

PERFORMANCE OF CONTRACT

Any period or date stated by Smartline for the provision of services or collection or delivery of the goods is intended as an estimate only and is not a contractual commitment. Smartline will use its best endeavours to meet any estimated dates but will in no circumstances whatsoever be liable for any loss or damage suffered by the Customer or any third party for failure to meet any estimated date.

DELIVERY

8.1 Unless otherwise agreed in writing, all goods from Smartline are sold ex-works.

8.2 Risk in the goods and all insurance responsibility for theft, damage or otherwise in respect of the goods will pass to the Customer upon presentation of the goods for delivery at Smartline’s premises. Where goods are supplied on a trial basis, risk in the goods remains at all times with the Customer.

8.3 All claims for damage during delivery, short supply, non - receipt of goods or incorrect delivery documents must be made to Smartline within 7 days of receipt of goods.

8.4 Where the Customer requests Smartline to deliver goods directly to another person, that person takes possession of the goods for the Customer as the Customer’s agent, but the Customer remains directly responsible to Smartline under these Conditions.

8.5 Any Products which are damaged or defective, or which are not otherwise in accordance with the Customer’s order, may be returned to Smartline within 14 days of delivery, at no cost to the Customer. The Customer may otherwise return Products to Smartline and obtain a credit;

  • except for specially purchased products, products specifically tailored for the Customer’s requirements, which may not be returned.

  • Provided that it does so within 14 days of delivery and a return authorisation is obtained from Smartline.

  • Provided that the Products are in their original packaging, unopened, and otherwise as new and in a saleable condition.

  • At the Customer’s own expense, or to the Customer’s account; and

  • On the basis that risk in the Products remains with the Customer until the Products are received by Smartline, and that a restocking fee (20% of Product invoice value) or return fee may be charged.

LIABILITY

9.1 Except as specifically set out in these conditions, or contained in any warranty statement provided with the goods or services, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services, whether implied by statute, common law, trade usage, custom or otherwise is expressly excluded.

9.2 Replacement or repair of the goods or reprovision of the services is the absolute limit of Smartline’s liability arising under or in connection with the description, quality, condition, performance, assembly, manufacture, design, merchantability or fitness for purpose of the goods or services or alternatively the sale, use of, storage or any other dealings with the goods or service by the Customer or any third party.

9.3 Smartline is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.

9.4 Smartline will not be liable for any loss or damage suffered by the Customer where Smartline has failed to meet any delivery date of cancels or suspends the supply of goods or services.

9.5 Nothing in these Conditions is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State of Federal legislation applicable to the sale of goods or the provision of services which cannot be excluded, restricted or modified.

9.6 The Customer undertakes in relation to goods it acquires from Smartline.

Where the Customer is an individual and becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally; or

Where the customer is a corporation and it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dis solution without winding up of the Customer.

WARRANTY

10.1 Subject to clause 10.4 Smartline warrants the goods it supplies to the Customer against defective materials and defective workmanship for the period of 12 months from the date of invoice.

10.2 Any warranty does not apply in circumstances where:

  • the goods or services are not defective;

  • the goods were used or services required for a purpose other than for which they were intended;

  • the goods were repaired, modified or altered by any person other than Smartline;

  • the defect has arisen due to misuse, neglect or accident;

  • the defect has arisen due to the incorrect installation of the goods;

  • the goods have not been stored or maintained as recommended by Smartline

  • the defect has arisen due to normal wear and tear on the Goods; or

  • the Customer is in breach of the Conditions.

  • 10.3 In order to make a claim under this warranty, a person must:

  • give Smartline written details of any defect in the products together with documentary proof of the date of purchase of the products within 30 days of identifying the defect;

  • return the defective products to Smartline or allow Smartline or its employees or agents to inspect the products;

  • provide any information requested by Smartline in relation to the products or installation of the products.

10.4 Where Smartline supplies goods manufactured by a third party, the manufacturer’s warranty is the only warranty provided to the Customer.

TECHNOLOGICAL CHANGES AND APPROVALS

11.1 Smartline reserves the right to alter the goods, including goods on order, if the alteration can be done without changing the technical specifications already agreed upon.

11.2 Smartline is not responsible for any misunderstanding of information contained in any catalogues and other written material supplied by Smartline.

11.3 The Customer is responsible and liable for the specific applications to which it puts the specific goods supplied by Smartline. Smartline will not be responsible for any goods manufactured by the Customer which include components supplied by Smartline.

11.4 The Customer acknowledges that it is responsible for obtaining any national or international approvals which may be necessary in relation to the goods it may manufacture which include components supplied by Smartline.

INTELLECTUAL PROPERTY

12.1 Smartline owns or is the licensee all copyright, trademark, patent or design rights or confidential information ("Intellectual Property") in or related to any of its goods or services.

12.2 The Customer must not claim any right title or interest in the Intellectual Property nor use or disclose any of the Intellectual Property other than necessary for the use of the goods or services. The Customer must not copy the goods nor arrange for any third party to copy them.

12.3 If the Customer provides, or sells or licences the use of the goods or services, it must ensure the recipient is aware of Smartline’s rights in clause 12.1 and complies with clause 12.2 by written agreement. Further the Customer must ensure that any recipient is bound by similar terms as this clause 12.3.

CANCELLATION

13.1 If, through circumstances beyond the control of Smartline, Smartline is unable to supply the goods or services, then Smartline may cancel the Customer’s order (even if it has already been accepted) by notice in writing to the Customer. Smartline will be under no liability to the Customer or any third party for any damages or losses, direct or indirect, resulting from such cancellation.

13.2 No purported cancellation or suspension of an order or any part thereof by the Customer is binding on Smartline after that order has been accepted by Smartline.

CHANGE OF OWNERSHIP

The Customer agrees to notify Smartline in writing of any change of ownership of the Customer or business within 7 days of such change and hereby indemnifies Smartline against any loss or damage incurred by Smartline as a result of the Customer’s failure to notify Smartline of such change.

PRIVACY

15.1 Smartline is bound by the Privacy Act 1988 and takes steps to ensure that personal information obtained in connection with the Customer will be appropriately collected, stored, used, disclosed and transferred in accordance with the National Privacy Principles (NPP’s). Such information may be accessed by request to Smartline in accordance with the Privacy Act.

15.2 Smartline and its Associated Companies’ employees and agents may have access to personal information collected pursuant to any agreement between Smartline and the Customer and held by Smartline, in accordance with the NPP’s.

15.3 Smartline requires that the customer comply with the NPP’s in connection with any personal information supplied to it by Smartline in connection with any agreement between the Customer and Smartline.

GENERAL

16.1 If Smartline fails to enforce any terms or to exercise its rights under these Conditions at any time, Smartline has not waived those rights.

16.2 If any provision of these Conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these Conditions.

16.3 These Conditions will be governed by the laws of Victoria and the parties hereby submit to the exclusive jurisdiction of the Victorian Courts and the Federal Court of Australia (Victoria Registry).

CHROME WIRE SHELVING & COMPACTOR TERMS AND CONDITIONS

These Terms & Conditions relate to the installation/assembly of SmartRack Chrome Wire Shelving & SmartTrack Chrome Wire Shelf Compactors by Smartline Machinery Technicians.

  1. Travel time & installation/ assembly will be carried out during normal Smartline Machinery workshop hours (7.00~15.30 Monday to Friday) at our standard installation rates. If the installation/assembly is to be performed outside of these hours penalty rates will apply for the relevant hours worked & charged at 1.5x standard rate per hour; per technician.

  2. Smartline Machinery will set shelves to specified shelf spacing upon initial assembly only. The client is to liaise with the installation technician(s) regarding the required shelf spacing prior to assembly. If the client is unable to specify shelf heights then the installation technician(s) will space the shelves as evenly as possible. Any subsequent shelf height adjustments will be made at additional cost to the Client & charged at the standard rate per hour; per technician (Point 1 also applies).

  3. Additional installation costs may be incurred if access from the loading area to the installation site is restricted or involves long distances. Additional cost will be charged at the standard rate per hour; per technician (Point 1 also applies).

  4. Smartline Machinery will fit Containment Bars (if applicable) to the shelving but any other specified shelving accessories are to be fitted by the Client. This includes, but is not limited to, Side & Rear Ledges, Shelf Dividers, Barcode Hang Scan Strips, Wire or Mesh Baskets etc.

  5. Shelving & components will arrive ‘Flat-Packed’ & will require assembly. In the case of SmartTrack Compactors assembly charges (where applicable) are already quoted in the price. In the case of SmartRack static or mobile shelving the assembly charges are not included in the price and will be charged at the standard rate (Point 1 also applies).

  6. Where on-site storage is required prior to installation/assembly, the Client is to ensure that all items are stored in a secure, dry & under-cover area. Smartline Machinery will not be responsible for items damaged by the effects of weather or loss incurred by inadequate storage.

  7. The Client is required to dispose of all packaging materials arising from the installation/assembly. For Clients within 150 kilometres of our workshop, if appropriate disposal facilities are not available, Smartline Machinery will dispose of the packaging materials at an additional cost (to be determined by volume).

  8. Pre-assembled SmartRack static or mobile shelf units (where applicable) will be delivered to a nominated delivery dock only. It will be the Client’s responsibility to transfer the item(s) from the delivery dock to the intended room or ward.

Please contact Smartline Machinery for further information regarding standard or penalty rates.