Terms and Conditions
1. General
Unless expressly stated otherwise, these Terms and Conditions apply to all orders placed by a customer, including a customer named in the attached Credit Application (if any) (Purchaser), which are accepted by Farrell Mining Pty Ltd and the Purchaser are bound only by these Terms and Conditions, unless otherwise agreed in writing by Farrell Mining, and those conditions which cannot be excluded by law. All other conditions, warranties, representations, statements and obligations, whether expressed or implied, which would otherwise be binding on Farrell Mining, except those required by law are expressly excluded.
2. Terms of Payment
Payment for the goods, all freight charges (if any), additional packaging charges (if any) and GST (Money Due) must be made within 30 days of the invoice date.
3. Withholding Payment
No payments of Money Due to Farrell Mining may be withheld, short paid or set off.
Where Farrell Mining elects to sell goods on a credit account basis, Money Due is payable in accordance with the time period agreed in the credit application requested by the Purchaser and accepted by Farrell Mining (Credit Application). If the Purchaser delays making payments under the terms of the Credit Application, without prejudice to any other rights it may have, Farrell Mining may suspend supply or delivery of goods to the Purchaser until such payment is made.
Without prejudice to any other rights it may have, if payment is not made in accordance with these Terms and Conditions or those in the Credit Application, Farrell Mining may refuse to extend further credit to the Purchaser and may charge interest and administration charges (Late Fee) of $150, or [2%] per month or part thereof on the Money Due (whichever is the greater). Payment will be first credited against any Late Fees. The customer will also be liable for any legal or other costs incurred by Farrell Mining in attempting to recover the Money Due and other amounts owed by the Purchaser.
Failure to pay Money Due will constitute a breach of contract and Farrell Mining may treat the whole contract as repudiated. If this occurs, Farrell Mining may;
Acceptance by Farrell Mining of part payment of Money Due will not constitute a waiver by Farrell Mining of its entitlement to the full amount, its right to repossess goods not paid for or of any of its other rights under these Terms and Conditions.
The Purchaser must do all things necessary to perfect and maintain such rights and title of Farrell Mining.
4. Title
Until the Purchaser has paid all Money Due, the Purchaser will store the goods separately on its premises and secure them from risk, damage and theft and agrees it will ensure the title to and ownership of goods supplied (and any substitution or addition) and the right to their possession, whether attached to goods supplied by Farrell Mining or not, remains with Farrell Mining until all Money Due is paid.
5. Delivery
Goods will be deemed to have been delivered by Farrell Mining to the Purchaser when they have been given to the carrier for transportation of the goods to the Purchaser.
All freight charges, unless specifically agreed otherwise, are the sole responsibility of the Purchaser. For the avoidance of doubt, this clause applies whether Farrell Mining or the Purchaser arranges the freight.
Farrell Mining accepts no responsibility for late delivery of goods.
Risk in the goods passes at delivery.
6. Variation
Any request by the Purchaser to vary the order or any part of it must be made in writing and signed by the Purchaser and may be accepted or rejected by Farrell Mining at its absolute discretion. The Purchaser must pay all costs incurred by Farrell Mining relating to the variation.
7. Warranty
Farrell Mining warrants the goods supplied are free of defects in materials and/or workmanship from delivery for [6] months.
This warranty does not apply to:
If within the warranty period Farrell Mining receives written notice of allegedly defective goods, and if the goods are found to be defective in material and/or workmanship, Farrell Mining will, at its sole discretion, either repair or replace the faulty goods.
Except as provided in these Terms and Condition and to the extent permitted by law, Farrell Mining excludes all warranties, whether express, implied, statutory or otherwise. Where a warranty is implied by law and cannot be excluded, Farrell Mining's liability for a breach of that warranty is limited to the repair or replacement of the goods or the cost of repair or replacement.
8. Waiver of Liability
Performance by Farrell Mining of its obligations under these Terms and Conditions are subject to Farrell Mining's production capabilities. Farrell Mining is not liable for any loss, whether direct, indirect, special, incidental, consequential or otherwise, to the Purchaser or a third party arising directly or indirectly from:
In any event, Farrell Mining will not be liable for any loss of profit or other consequential loss no matter how that loss arises.
9. Confidentiality
All information supplied by Farrell Mining, including photographs and drawings are the property of Farrell Mining. All information is confidential, subject to copyright protection and is provided only for the purpose for which it was intended by Farrell Mining and must be returned to Farrell Mining upon request. None of the information herein may be copied, exhibited or communicated to other in any way, without the express prior written consent of Farrell Mining.