IMPORTANT NOTICE
Hydraulic failures, incorrect or improper use of components and system design by persons without sufficient expertise may cause serious injury, property damage and even Death.
By ticking the terms and conditions box you acknowledge that you have read , understand and you agree to be bound by the following terms and conditions.
This website is provided by Timalco Hydraulics Pty Ltd to give general product information only. It is the responsibility of the user to have the technical expertise, to evaluate, assess and make final selection. Due to the complexity and diversity of possible hydraulic systems, circuits and working conditions Timalco and it’s employees can only offer general product information. It is the sole responsibility for the user to ensure that all product specifications, safety warnings, government regulations and correct procedures are considered and met.
Timalco Hydraulics Pty Ltd has endeavoured to produce accurate information in this Website and shall not be responsible for any incorrect information that results from unintentional oversight.
Due to the continuous improvement of products, the product specifications in this Website are subject to change by Timalco Hydraulics Pty Ltd at anytime, without notice.
Terms & Conditions
INTRODUCTION
1. These terms govern the supply of goods and services by TIMALCO to you, unless other terms are agreed in writing between you and TIMALCO.
2. In these terms:
a. “TIMALCO” means Timalco Hydraulics Pty Ltd. A.B.N. 37 097 977 645;
b. “you” means the company or person receiving goods or services from TIMALCO
c. “goods” means products manufactured by or on behalf of TIMALCO;
d. “services” means product evaluation and analysis, hydraulic systems maintenance and repair and other services that TIMALCO may supply to you from time to time;
e. “agency lines” means products sold by TIMALCO but not manufactured by TIMALCO.
ORDERING
3. Quotations shall be in writing and on the TIMALCO’s official quotation form. TIMALCO will not recognise any other form of quotation.
4. If TIMALCO does not accept your order, it will notify you.
5. An order is binding, i.e. TIMALCO must supply and you must buy, when the earlier of the following occurs:
a. TIMALCO commencing work or ordering material to make the goods for the order;
b. TIMALCO dispatching goods or agency lines ordered or provides a service;
or
c. 7 days has elapsed since you placed the order.
6. TIMALCO will invoice you at the current or most recent list price of goods ordered plus Goods & Services Tax (GST) and at the price specified by TIMALCO from time to time for the provision of services plus “GST”, unless otherwise agreed by TIMALCO.
DELIVERY, RISK AND TITLE
7. TIMALCO will arrange delivery of goods to you F.O.T. (Free on Transport), unless otherwise agreed by TIMALCO.
8. If TIMALCO agrees that you arrange delivery of goods you must pay the cost of delivery (plus GST) and comply with any special conditions reasonably imposed by TIMALCO.
9. TIMALCO is not in breach of these terms if delivery is delayed by a cause outside TIMALCO’s control (including but not limited to unavailability of goods).
10. Risk in goods passes to you on delivery of the goods to you, unless you arrange delivery. If you arrange delivery risk passes to you when goods leave TIMALCO’s branches or premises in the manner agreed.
11. Title in goods passes to you on payment in full for goods plus “GST’. Until full payment, you hold goods as a bailee for TIMALCO. You owe fiduciary obligations to TIMALCO in respect of goods until full payment is received. At any time before then, TIMALCO may enter your premises and take possession of goods. At TIMALCO’s request, you must treat goods for which full payment has not been received by TIMALCO as trust property. You must pay to TIMALCO the proceeds of sale of trust property, and hold those proceeds on trust for TIMALCO until paid to it.
WARRANTY & RETURN
12. TIMALCO warrants that goods will be free from manufacturing defects or defects in materials and that services will be provided with due care and skill. This express warranty is subject to the following conditions:
a. TIMALCO will accept returns of defective goods under the warranty if:
i. you follow the TIMALCO returns procedure (in clause 13); and
ii. not more than 30 days has passed since the goods were de¬livered to you;
b. you use the goods in accordance with TIMALCO’s or the manufacturers’ product installation guide and instructions in TIMALCO’s or the manufacturer’s goods and service catalogues;
c. you must not modify goods without TIMALCO’s prior written approval;
d. TIMALCO does not warrant the performance of agency lines; and
e. if products other than goods comprise part of an assembly serviced or supplied by TIMALCO, TIMALCO does not warrant the performance of those products
13. The TIMALCO’s returns procedure is that you must:
a. contact TIMALCO and give TIMALCO full details of any defect (If the defect is a delivery defect you must contact TIMALCO within 7 days of delivery);
b. return the goods to TIMALCO when approval for the return is given; and
c. pay for the freight charge of returning the goods to TIMALCO.
14. TIMALCO reserves the right to refuse to accept goods for return following inspection by TIMALCO of the goods returned in accordance with the returns procedure if in TIMALCO’s reasonable opinion, the goods are not defective.
PAYMENT
15. Unless other payment terms have been specified in writing, you must pay TIMALCO’s invoices plus “GST” within 30 days after the end of the month in which the invoice has been issued. All payments are strictly net.
16. TIMALCO may charge default interest on amounts owing, but not paid. The interest rate shall be that charged by TIMALCO’s bankers for overdrafts under $100,000.
LIABILITY
17. TIMALCO does not exclude, restrict or modify any condition, warranty or right relating to goods, services or agency lines which under the Trade Practices Act or other relevant legislation may not be excluded, restricted or modified (“non-excludable condition”) but TIMALCO does, apart from the warranty set out in clause 12, exclude all other conditions and warranties implied by custom, the general law or statute _and is -not liable for any damages suffered by you arising in any way (including negligence by TIMALCO) out of the supply, delay in supplying or failure to supply goods, services or agency lines, except as set out in clauses 12, 13 and 14.
18. TIMALCO’s liability under any non-excludable implied condition or warranty (except a non-excludable conditional warranty implied by section 69 of the Trade Practices Act or similar legislative provision) is limited to, at TIMALCO’s option:
a. the cost of repair of goods or agency lines;
b. the cost of replacement of goods or agency lines;
c. resupplying the services; or
d. the cost of supply of the services.
19. The environmental control at your site is your responsibility and you agree to indemnify TIMALCO in respect of any liability (including but not limited to damages and legal costs payable by TIMALCO) arising from contraventions at your site of laws relating to environmental safety and pollution.
DEFAULT BY YOU
20. You are in default if:
a. you fail to pay when due any amount owing to TIMALCO:
b. an application is made to the court, an order is made, or a resolution is passed or proposed in a meeting for you to enter into an arrangement, composition or compromise with your creditors;
c. you cease to be able to pay your debts as they become due;
d. you cease to carry on business; or
e. any step is taken to appoint a receiver, a receiver manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator or other person of the whole or any part of your assets or business.
21. If you are in default, TIMALCO may do any or all of the following (in addition to any other rights TIMALCO may have):
a. require you to pay immediately all amounts invoiced but unpaid or to pay in advance of or on delivery;
b. suspend or cease supplying goods to you;
c. request that you treat as trust property goods for which full payment has not been received by TIMALCO; or
d. enter your premises and repossess goods for which payment has not been made.
COPYRIGHT
22. You acknowledge by this agreement that copyright exists in TIMALCO’s goods and services catalogues and other such marked material and that reproduction of any part of this material must be authorised in writing by TIMALCO, otherwise you may infringe pm.gs 10/00