Terms and Conditions

Premium quality trailers, heavy duty design, and built tough to last season after season.

 

REIDS MECHWELD

Australian Agricultural Equipment Manufacturers – ABN: 24 566 151 226

TERMS AND CONDITIONS OF SUPPLY

Orders, Quotations and Price

  1. Once an order confirmation has been accepted by Reids Mechweld, it cannot be cancelled by the If the Buyer makes a change request to the already accepted order where it results in an increase in total price including labour (if applicable), the Buyer will be charged the additional cost. The supply of goods or services is subject to availability. Reids Mechweld reserves the right to suspend or discontinue the supply of goods or services to the Buyer. Reids Mechweld will advise approximate supply date on acceptance of an order. If Reids Mechweld is unable to supply all of the Buyers order, these terms and conditions continue to apply to any part of the order supplied. Reids Mechweld is not liable for any loss or damage suffered by the Buyer as a result of any failure to provide all or part of an order.
  2. Where a written quotation has been given by Reids Mechweld, the selling price is the price specified in the quotation. In any other case, Reids Mechwelds selling price is the price specified in the price list as at the date of despatch or as otherwise advised by Reids Mechweld. Unless otherwise stated, the selling price does not include GST. Reids Mechweld may at any time change its price list to reflect, among other things, changes in exchange rates or the imposition of any duties, levies or other taxes and the Buyer is bound by those changes. All quotes are valid for 30 days from date of
  3. Where the Buyer has requested a special order that requires Reids Mechweld to supply goods outside its standard supply, the Buyer will be required to provide payment in full prior to Reids Mechweld accepting that order.
  4. In relation to vehicle/machine/trailer fitment jobs, Reids Mechweld reserves the right to re−quote if the vehicle/machine/trailer delivered to Reids Mechweld premises requires further work from the quoted work specification, including but not limited to the removal of and/or other fittings and accessories that interferes with the correct fitment, and cleaning of the vehicle/machine/trailer.
  5. The Buyer must accept any errors or omissions in invoicing and, where applicable, the Buyer must accept the amended pricing and pay the difference within the approved terms of trade.

Delivery

  1. Unless otherwise notified in writing by Reids Mechweld, all goods including vehicle/machine/trailers, will be completed and available for collection ex works from Reids Mechweld. Where a delivery point is an overseas destination, goods will be delivered CIF (as defined under INCOTERMS 2010) to the nominated Where notified by Reids Mechweld that delivery is at Reids Mechwelds premises, all freight from Reids Mechwelds premises to the Buyer is at the Buyers expense. If Reids Mechweld arranges the carriage of the goods for delivery to the Buyer, Reids Mechweld will be deemed to contract as agent for the Buyer, and the Buyer will bear all risks with respect to the goods during carriage and will likewise be responsible for effecting any insurance of the goods during carriage. Reids Mechweld may charge a reasonable handling fee for all orders delivered to the Buyer. The Buyer indemnifies Reids Mechweld for the cost of all transport arranged by Reids Mechweld on the Buyers behalf. If a delivery date is specified, that date is an estimate only and Reids Mechweld is not liable for any delay in delivery. Time is not of the essence in relation to delivery and the Buyer must accept delivery and pay for the goods delivered, including transport costs if applicable, even if they are delivered after any specified delivery date.

Vehicle/Machine/Trailer Fitment

  1. When manufactured goods are being fitted to a vehicle/machine/trailer, the vehicle/machine/trailer is to be delivered to Reids Mechweld as a cab chassis and with ADR approved tail lights and number plate If this is not the case the Buyer must notify Reids Mechweld prior to the commencement of the fit out and the Buyer will be charged additional fees for the removal of the apparatus and provision of the after−market accessories and paraphernalia.
  2. All OE parts that are removed from the vehicle/machine/trailer will be disposed of unless specified otherwise by the If the Buyer wishes to keep OE parts they must be collected with the vehicle/machine/trailer. Any parts left after pick up of the vehicle/machine/trailer will become the property of Reids Mechweld.

Inspection, Acceptance and Returns

  1. The Buyer must inspect the goods or services immediately following delivery or completion of the services (as the case may be). Any claim that the goods or services are not in accordance with these terms and conditions (including if they are defective, damaged during delivery, are short delivered or services not as per contract) must be made at the time of delivery/services provided or in writing to Reids Mechweld within 7 days (or otherwise agreed) after delivery of the goods or completion of the services to the If the Buyer fails to make a claim then, to the extent permitted by law, the goods or services are deemed to have been accepted by the Buyer and the Buyer must pay for the goods or services in accordance with these terms and conditions.

Payment

  1. Unless otherwise agreed, if the Buyer has an approved credit account with Reids Mechweld, the Buyer must pay for goods or services ordered by the Buyer within 30 days from the end of the month of invoicing, or earlier if the approved credit limit is exceeded. Where the Buyer does not have a credit account with Reids Mechweld, all goods and services are to be paid for with funds cleared prior to delivery. Time is of the essence in respect of the Buyers obligation to make payment for goods or services supplied by Reids Mechweld to the Buyer.
  2. If the Buyer does not make any payment by the due date, exceeds its credit limit at any time, commits any other material breach of these terms and conditions, or an insolvency event in respect of the Buyer arises or is reasonably suspected by Reids Mechweld, Reids Mechweld may (without limiting any other right or claim it may have against the Buyer) do any or all of the following:
    1. charge the Buyer interest calculated on a daily basis on any portion of the Buyers account that is overdue at the utilised financial institutions reference rate for business loans, available to prime commercial customers, plus 5% calculated from the date the payment was due until the date payment is made (both dates inclusive);
    2. vary or withdraw any approved credit limit and/or terms of trade;
    3. cancel or suspend any unfilled orders or cease providing the services;
    4. terminate any contracts between Reids Mechweld and the Buyer and demand immediate payment of any moneys due and outstanding under those contracts;
    5. cancel any rebate, discount or allowance due or payable by Reids Mechweld as at the date of the event;
    6. enter (at any time) any premises in which Reids Mechwelds goods (including any merchandising materials) are stored, to enable Reids Mechweld to inspect the goods and to reclaim possession of the goods without liability for the tort of trespass, negligence or payment of any compensation to the buyer whatsoever; or
    7. institute any recovery process as Reids Mechweld in its discretion decides at the Buyers cost and
  3. If any part of an invoice is in dispute, the balance will remain payable and must be paid when The Buyer has no right to set−off any claim against Reids Mechweld from moneys owing to Reids Mechweld. Risk and Title
  4. Goods supplied by Reids Mechweld to the Buyer are at the Buyers risk immediately on the earlier of delivery to the Buyer or into the Buyers custody, including its carrier or The Buyer must insure the goods at its cost from delivery of the goods until they are paid for in full against such risks as are usual or common to insure against in a business of a similar nature to the Buyer.

Property in the goods supplied by Reids Mechweld to the Buyer does not pass to the Buyer until all goods have been paid for in full. In the meantime, the Buyer takes custody of the goods and retains them only as fiduciary agent and bailee of Reids Mechweld. Until all goods have been paid for in full.

  1. an additional charge of 18% will be added to invoices outstanding more than 30
  2. to the extent possible, the Buyer must store the goods in a manner that shows clearly they are the property of Reids Mechweld, maintain records relating to the goods, secure the goods from risk, damage and theft and ensure that the goods are kept in good and serviceable condition;
  3. the Buyer may sell the goods, in the ordinary course of its business, but only as fiduciary agent of Reids Mechweld. The Buyer must not represent to any third party that the Buyer is acting in any capacity for or on behalf of Reids Mechweld and the Buyer has no authority to bind Reids Mechweld to any contract or otherwise assume any liability for or on behalf of Reids Mechweld. The Buyer receives all proceeds (including any proceeds from insurance claims) in trust for Reids Mechweld and must keep the proceeds in a separate bank account until all liability to Reids Mechweld is discharged;
  4. if the Buyer uses the goods in some manufacturing or construction process of its own or of a third party, the Buyer must hold in trust for Reids Mechweld that part of the proceeds of the manufacturing or construction process as is equal to the amount owing by the Buyer to Reids Mechweld at the time of receipt of the
  5. For the avoidance of doubt, Reids Mechwelds interest constitutes a {purchase money security interest}

pursuant to the Personal Property Securities Act 2009 (PPSA). The Buyer undertakes that it will not grant any security interest over the goods to any other person. The Buyer will, at the request of Reids Mechweld, execute documents and do such further acts as may be required for Reids Mechweld to register the security interest granted by the Buyer under the PPSA. The Buyer further agrees that where Reids Mechweld has rights in addition to those under part 4 of the PPSA, those rights will continue to apply. The Buyer irrevocably grants to Reids Mechweld the right to enter upon the Buyers property or premises, without notice, and without being in any way liable to the Buyer or to any third party, if Reids Mechweld has cause to exercise any of its rights under sections 123 and/or 128 of the PPSA, and the Buyer will indemnify Reids Mechweld from any claims made by any third party as a result of such exercise.

Copyright, Designs, Drawings and Instructions.

  1. Where Reids Mechweld has used artwork or copyright material or followed a design or instruction furnished by or on behalf of the Buyer, the Buyer indemnifies and will keep Reids Mechweld indemnified against all claims, damages, losses, penalties, costs and expenses to which Reids Mechweld may become liable by reason of the use of the artwork, copyright material or design or any work required to be done in accordance with those instructions or design, including any infringement of any patent, registered design, copyright or any other right of a third party, including moral rights. Reids Mechweld will retain ownership and all copyright in relation to all specifications, recipes, designs, drawings, artwork, software, manuals, training and instructions, including those prepared for or on behalf of the Buyer, despite any payment made in accordance with these terms of

Warranty

  1. Reids Mechweld warrants that the goods will, under proper use, be free from defects due to faulty workmanship or materials for a period of 12 months from the date of installation or Delivery, whichever is This warranty is in addition to any non−excludable statutory warranty or guarantee that may be implied by law. Refer to Reids Mechwelds Express Warranty Statement for further details.
  2. Where there is an alleged warranty issue, the Buyer must obtain the advice and approval of Reids Mechweld prior to carrying out any repairs. Reids Mechweld will, if it finds the goods to have a defect covered by this warranty, at its option, repair or replace the goods, or pay for the cost of the goods being The Buyer must, at its own cost and risk, once approved by Reids Mechweld, quarantine and hold the defective Product and, when instructed by Reids Mechweld, return, repair or destroy the Product. Where the Buyer repairs or arranges for the repair of the Product after approval by Reids Mechweld to do so, the Buyer is solely responsible for ensuring that the goods meet Reids Mechwelds compliance criteria and are safe and fit for purpose.

Limitation of Liability

  1. To the extent permitted by law these terms and conditions exclude all other conditions, guarantees, warranties, liabilities or representations in relation to the goods and/or services unless contained in a written warranty provided to the Buyer with the goods. Where legislation implies in these terms and conditions any condition or warranty that cannot be excluded or modified, to the extent permitted by law the liability of Reids Mechweld for a breach of any such condition or warranty is limited at Reids Mechwelds option to any one or more of the following:
    1. In the case of goods:
      1. replacement of the goods or the supply of equivalent goods;
      2. payment of the cost of replacing the goods or of acquiring equivalent goods, by credit to the Buyers account, in cash or by cheque at Reids Mechwelds discretion; or
  • repayment of any part of the purchase price of the goods which has been paid by the Buyer, by credit to the Buyers account, in cash or by cheque at Reids Mechwelds
  1. b) In the case of advice, recommendations, information or services, by supplying the advice recommendations, information or services
  1. Subject to clause 13, Reids Mechweld is not liable for any loss or damage of any kind whatsoever and howsoever arising out of or in connection with the supply of goods and services, including (without limitation) any indirect or consequential loss (including without limitation loss of profit, loss of revenue, loss of contract, loss of goodwill or increased cost of workings), arising out of or in connection with the supply of goods or services, even if due to the negligence of Reids Mechweld or any of its employees or Reids Mechweld will not be liable for any act of war, strike, industrial action, fire, flood, drought, storm or other act of natural cause beyond its reasonable control.

Other Terms

  1. This agreement contains the entire understanding of the parties as to its subject Other than any written warranty provided with the goods, there is no other understanding agreement, warranty or representation whether express or implied in any way defining or extending or otherwise relating to these provisions or binding on the parties with respect to the goods of their operation. The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded.
  2. Unless otherwise agreed in writing by Reids Mechweld, the Buyer agrees that all engineering documents, drawings, designs, specifications, recipes, artwork, software, manuals, training and instructions, including those prepared for or on behalf of the Buyer remain the property of Reids Mechweld and that any use, dissemination, distribution or copying of this property is strictly
  3. If any provision of these terms or conditions is unenforceable, illegal or void, that provision is severed and the other provisions remain in
  4. This agreement is governed by the laws of the State of Western Australia and the parties submit to the jurisdiction of the Courts of that
  5. Reids Mechweld may amend or vary these terms and conditions by notifying the Buyer in writing of the amendment or

Unless otherwise agreed in writing by Reids Mechweld, the Buyer agrees that it will be bound by these terms and conditions if the Buyer places an order with Reids Mechweld and it is accepted by Reids Mechweld. Reids Mechweld is not bound by any terms and conditions contained in any document issued by the Buyer. Reids Mechweld may amend or vary these terms and conditions by notifying the Buyer in writing of the amendment or variation.

Reids Mechweld –The Engineering Professionals

OEM Division C Class-2461

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