Terms & Conditions

1The manufacturer and/or supplier of goods (and the Company referred to herein) is Medhurst Equipment Pty Ltd which takes responsibility under the Trades Practices Act, and all Consumer legislation both State and Federal, and in no event shall liability of the Company exceed the price of the goods supplied by the Company.
2Any variations in specifications, materials, prices, styles and colours of products will be made in consultation between the Buyer and the Company.
3The customers first purchase with the Company will be on a pro forma basis.
4Unless otherwise agreed in writing the price for all goods shall be the price at the date of delivery. Price lists are only indications 
and must be read subject to alterations to the price ruling by the Company at the delivery date.
5Claims arising from invoices must be made within 7 working days.
6The customer shall inspect the goods immediately on arrival and shall within 7 days of such inspection give notice to the Company 
of any matter or thing by reason whereof he may allege either a claim against the seller or that the goods are not in accordance with 
the Contract.
7No liability shall be incurred by the Company for late delivery, or failure to deliver.
8The customer will pay the price of the goods either prior to the delivery, without set off or counterclaim, or if credit arrangements 
have been made, payment for the goods must be made no later than 30 days from invoice date, or within such other period as 
may be notified by the Company.
9Title in the goods shall not pass to the Buyer until payment is made in full, but risk will pass upon delivery. The Company reserves 
the right to take possession of and dispose of the goods as it sees fit at any time until full payment has been made and the Applicant hereby grants permission to the Company or their Agent to enter upon any land or premises where the goods are stored in order to do so.
10It is agreed that the property in the goods shall only pass to the customer when completely paid for, and at any time prior thereto the Company has the right to retrieve the goods notwithstanding that the customer may have gone bankrupt or being a company gone into liquidation.
11If the purchaser defaults in any payment due to the Company, all monies owing for products delivered shall be payable forthwith. Amounts not paid by the purchaser by the due date shall bear interest at the rate of 12% per annum (or maximum allowed by law) on the unpaid balance, from the date of delivery to the date of payment.
12There is also a $35.00 returned payment fee for any declined cheques/automatic withdrawals.
13In the event of default payment of payment when due, all account recovery fees including costs of collection, legal fees and court 
costs, will become due and payable by the purchaser. All amounts received by the Company shall be credited first against such 
costs and interest.
14If Medhurst Equipment commences any recovery proceedings pursuant to a breach by the applicant of any of the terms contained 
herein, the applicant will not claim any set off or make any counterclaim against the Company within those recovery proceedings.
15The Company will accept goods for return within 30 days of purchase, provided the goods are unused and in their original 
packaging. No responsibility is accepted by the Company for goods lost or damaged in transit during return to the Company.
16The cost of freight for returned goods will be at the customers expense unless the Company has previously agreed in writing that 
the goods are faulty and to accept the returned goods, in which case such can only be returned by the Company’s nominated 
carriers.
17Goods returned due to customer error will be credited subject to the imposition of a surcharge of up to 20% of the value of the 
goods returned.
18Proof of delivery will not be provided later than one month after statement date. Thereafter all goods will be considered to have 
been delivered in good order.
19The risk of loss or damage for the goods passes to the buyer at the time the goods are deliver to, or collected, by the carrier. 
Insurances (if required) is the buyers responsibility and cost.
20Any credit extended to the applicant may be reduced or eliminated in the event the Company, in its reasonable discretion, 
determined that the applicant’s financial situation or ability to pay is impaired.
21In the event of any change in the Applicants trading structure they will remain personally liable for all goods and services requested 
by themselves or their agent(s) until credit approval is granted by the Company to the new trading structure.
22As the use of the goods are beyond the control of the Company, no liability can be accepted for any failure or alleged failure, and, in the event of any failure not occasioned by the customer, shall be limited to the replacement of the goods.
23The Company will stand by warranty of goods as conditioned by the manufacturer. Warranty is limited to failure of faulty materials or workmanship. Failure due to misuse or abuse by customer will be void.
24No special warranties of conditions of use or otherwise are acceptable to the Company unless authorised by the Managing Director of the Company or alternatively under the Seal of the Board of Directors.
25No representations or other conditions are to be deemed applicable except those expressly incorporated by the Trade Practices Act, or similar legislation.
26Without limiting the foregoing, if (notwithstanding that the ownership of the property has not passed to the customer) the customer purports to sell to a third party, then the customer shall be deemed to have sold as trustees for the Company and shall hold proceeds of such sale on trust for the Company.
27If the customer shall not within such period give such notice the said goods shall be deemed to be in all respects in accordance with the Contract and the customer shall be bound to accept and pay for the same accordingly.
28Notwithstanding anything to the contrary the customer shall at his own risk take the goods as to their quality or condition to be sufficient for its purpose and the Vendor makes no condition in that regard.
29Notwithstanding that the credit has been given for the payment of the price the Company shall be entitled to a lien on the goods until payment is received.
30These conditions may be added to, amended or altered from time to time and shall be of effect when exhibited at the Registered Office of the Company.
31By submitting this application, you authorise the Company to make inquiries into the banking and business/trade references that you have supplied.

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