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Terms and Conditions

Moreton Marine Stainless – Terms and Conditions All goods supplied by Moreton Marine Stainless are supplied in accordance with these Terms and Conditions of Sale 1. These terms and conditions constitute a complete and exclusive statement of the agreements and understanding between Moreton Marine Stainless and the Purchaser with respect to the subject matter hereof, notwithstanding any conditions to a contrary effect which may be expressed in any of the Moreton Marine Stainless documents and supersedes all prior arrangements, written or oral. All additions and modifications to these terms and conditions of sale shall be in writing and shall be signed by both Parties and attached hereto as “the Schedule”. 2. By acceptance of delivery made in pursuance of any purchase order placed upon Moreton Marine Stainless, the Purchaser accepts the terms and conditions contained herein. Moreton Marine Stainless failure to object to any term or condition contained in any communication from the Purchaser shall not be deemed to be a waiver of these terms and conditions. 3. Moreton Marine Stainless will give a 12 month (Manufacturer Fault Only) Warranty. This only applies to any defects in the workmanship of the product. This warranty does not cover damage caused by improper or unreasonable use or normal wear and tear of the product. This warranty does not cover repairs or modifications made to pre-existing products. 4. Subject to any legislation to the contrary – a. Representations and agreements not expressly contained herein shall not be binding upon Moreton Marine Stainless as conditions, warranties or representations. b. All other conditions, warranties and representations on the part of Moreton Marine Stainless whether expressed or implied, are hereby expressly negative and excluded. c. Any advice or information provided by Moreton Marine Stainless in relation to goods sold or manufactured by it or their use under any specific conditions, the life and wear of the goods or their immunity from the possibility of attack by corrosion, pitting erosion, chemical, or otherwise is given in good faith and is believed by Moreton Marine Stainless to be appropriate and reliable but is given without liability as to the suitability of the goods for any purpose. d. Moreton Marine Stainless shall not be liable for any loss or damage arising from the failure of the goods or from the design or operation thereof or for any advice provided in connection therewith. e. Moreton Marine Stainless shall be under no liability to the Purchaser for any loss (including but not limited to loss of profits and consequential loss) or for damage to persons or property or for death or injury caused by any act or omission (including negligent acts or omissions) of Moreton Marine Stainless its servants or agents. 5. All premises of delivery are made in good faith in light of conditions and circumstances prevailing at the time. Moreton Marine Stainless shall not be liable to the Purchaser for any damage, injury or loss (including but not limited to loss of profits or consequential loss) arising out of any delay in or failure to make delivery of the goods. 6. Supply of goods is subject to Moreton Marine Stainless availability schedule as it may be from time to time impossible to supply any or all of the goods at the time specified, in which circumstance Moreton Marine Stainless is under no liability to the Purchaser for any loss (including but not limited to loss of profits and consequential loss) caused by the delay of goods by suppliers through no fault of Moreton Marine Stainless. 7. Once an order has been signed and terms and conditions agreed to in writing, no cancellation of orders will be accepted unless agreed to by Moreton Marine Stainless in writing and any deposit made by the Purchaser will be forfeited. 8. All prices quoted are based on prices of material and labour at the time of quotation. Any variation to this will only be at the discretion of Moreton Marine Stainless and agreed to in writing. 9. The goods are at the Purchaser’s risk from the occurrence of the first time of any of the following events: The passing of property to purchaser - a. The physical delivery of the goods to Purchaser or such other person or premises as Purchaser directs; and b. The physical delivery by Moreton Marine Stainless to any carrier or any bailee for delivery to Purchaser 10. Unless otherwise agreed to in writing by Moreton Marine Stainless goods are not insured in transit. 11. Unless otherwise agreed to in writing by Moreton Marine Stainless, a 20% deposit of purchase price (in cleared funds) shall be paid by the Purchaser to Moreton Marine Stainless before any work can be commenced on the order. The remainder of the invoiced amount must be paid by the Purchaser to Moreton Marine Stainless prior to delivery of the product and the Purchaser shall not be entitled to withhold payment or make any deduction from the purchase price in respect of any set-off or counter claim. 12. The Purchaser acknowledges that Moreton Marine Stainless remains in possession of the goods solely as bailee until such time as the purchase price thereof has been paid in full to Moreton Marine Stainless. 13. If the Purchaser fails to pay the purchase price as specified in Term 11, or otherwise breaches any of these conditions or becomes insolvent or takes the benefit of the bankruptcy laws or being a company enters into liquidation (except for the purpose of solvent amalgamation or reconstruction) Moreton Marine Stainless shall be entitled, without prejudice to any other right hereunder or at law, to withhold the goods indefinitely until payment is made in full to Moreton Marine Stainless. 14. The contract between Moreton Marine Stainless and the Purchaser shall be governed by and construed in accordance with the laws of the State of Queensland and by the applicable laws of the Commonwealth of Australia. 15. Moreton Marine Stainless will be allowed to inform Credit Reporting Agency any information allowed by the Privacy Act 1988 (Commonwealth).
 

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