Standard Terms and Conditions, Industrial Sales

1.           DEFINITIONS

(a)          “Agreement” means the agreement between CIE and the Customer for the purchase of Equipment set out in these Standard Terms and Conditions, Industrial Sales, and any Quote and any other Special Conditions agreed in writing between CIE and the Client.

(b)          “CIE” means C.I.E. (Cristaudo’s Industrial Electrics) Pty Limited ATF CIE Trust (ABN 33 701 171 354).

(c)          “Customer” means any person or organisation (including their agent, employees, subcontractors or any third parties) who purchases Equipment from CIE.

(d)          “Equipment” means any and all items (including accessories and parts supplied by CIE) purchased by the Customer.

(f)           “Parties” means CIE and the Customer.

(g)          “Quote” means a written document addressed to the Customer which contains a quote reference number and sets out  the price of specific Equipment.

(h)          “Special Conditions” means any variation of these Standard Terms and Conditions agreed in writing by CIE and the Client.

2.           ACCEPTANCE

• Quoted prices are valid for a period of 30 days. All Quotes are subject to availability of the Equipment.
• The Customer may accept the Quote and these Standard Terms and Conditions by either:
• Accepting the Equipment on site; or
• Delivery to the Customer’s site in accordance with the Customer’s instructions; or
• Payment or part payment of the purchase cost; or
• Advising CIE in writing or by email that the Customer accepts a quote.

3.           OWNERSHIP OF EQUIPMENT

• The Equipment remains the property of CIE until full and proper payment has been made by the Customer to CIE, and all relevant monetary transactions finalized to the satisfaction of CIE. The Customer has no right to offer, sell, assign, sub-let, mortgage, pledge or otherwise dispose of the Equipment in any way until monetary transactions are completed.

4.           CHARGES

• The Customer is liable for all stamp duty (if applicable), GST and all other applicable taxes, duties, levies, penalties and any other government charges imposed on the Agreement.
• The Customer is responsible for all freight charges in respect of the delivery of the Equipment to the site nominated by the Customer, unless otherwise agreed by the Parties.
• Where CIE gives a quote, quoted rates are valid for a period of 30 days, or such other period as stated on any quote.

5.           PAYMENT TERM

• Unless other terms have been agreed to, Customers who do not have an approved credit account with CIE must pay all purchase costs and charges upon or prior to delivery. Approved credit account Customers must pay all purchase costs and charges within thirty (30) days from invoice date, unless otherwise agreed to by CIE.
• If the Customer does not pay all purchase costs and charges within thirty (30) days of the invoice date, the Customer must pay to CIE as liquidated damages:

(a)          All purchase costs and charges; and

(b)          Interest on the purchase costs and charges calculated at the rate of 10% per annum from the date the payment became overdue.

6.           USE OF EQUIPMENT & MAINTENANCE

• Upon acceptance of the Quote, the Customer is deemed to be satisfied as to the suitability, condition and fitness for purpose of the Equipment. CIE gives no warranties that the Equipment is suitable for the Customer’s purpose.
• Prior to using the Equipment, the Customer must take all reasonable steps to understand any instructions (written or verbal) provided with the Equipment and must contact CIE immediately if additional information or advice is determined to be necessary.  By arrangement, or at the discretion of CIE, CIE may provide instruction but this may or may not be provided onsite, as the case may be.

7.           WARRANTY

• All equipment offered for purchase under this Agreement is warranted by the manufacturer against failure due to defects or workmanship for a standard period of twelve (12) months from date of collection by the Customer or their agent.
• During the warranty period the Customer warrants at all times it will:
• Ensure that the Equipment is stored safely and securely and is protected from theft, seizure or damage;
• Ensure the Equipment is maintained in accordance with the manufacturer or CIE’s guidelines;
• Operate the Equipment safely in accordance with the manufacturer’s or CIE’s instructions or changes in writing from CIE and only for its intended use;
• Ensure any persons operating the Equipment are suitably instructed and trained in its safe and proper use;
• Ensure that no persons operating the Equipment are under the influence of drugs or alcohol;
• Ensure that the Equipment is not altered, defaced, and that no notices, safety information, identifying marks, plates or numbering on the Equipment are removed.

8.           TERMINATION OF AGREEMENT

• Once an Agreement has been reached and signed by both parties, termination of that Agreement may be sought by the Customer in writing to CIE, providing all costs for work done to that stage by the manufacturer will be due for full payment, including any applicable Government imposts.

9.           INDEMINITIES AND LIABILITY

• • CIE shall not be liable to the Customer, its agents or any third parties, for consequential loss or damage (including loss of actual or anticipated profits or revenue, economic loss of any kind or any loss suffered as a result of any claim or claims by third parties) in contract, tort (including negligence) under statue or otherwise from or in relation to the Equipment detailed in the Agreement even if advised of the possibility thereof.
  • The Customer is liable for and indemnifies CIE against all liability, loss, costs and expenses arising from or incurred in connection with the Customer’s purchase and use of the Equipment or the Customer’s breach of the Agreement.

10.         CUSTOMER AUTHORITY

• The Customer acknowledges that their authorised representative can sign the Agreement on the Customer’s behalf and that the authorised representative’s signature will bind the Customer to the Agreement. The Customer thereby indemnifies CIE against all losses, costs and claims incurred by CIE arising out of the person signing the Agreement in the event that they do not in fact have such power and/or authority to do so.

11.         ENTIRE AGREEMENT

• The Agreement comprises the entire agreement between the parties.

12.        VARIATION OF TERMS

• Any other variation to any terms and conditions must be agreed in writing by CIE and the Customer.

13.        GOVERNING LAW

• The Agreement is governed by the laws of Queensland and each party submits to the exclusive jurisdiction of the courts of that State.

14.         SEVERANCE

• If a provision of the Agreement or these Terms and Conditions is void or unenforceable it may be severed from the Agreement or Terms and Conditions and the provisions that are not void or unenforceable are unaffected by the severance.