***TERMS AND CONDITIONS OF SALE***
NB. SKIE Rural Pty Ltd (company) will be referred to Western Rural Services hereafter.
1.TERMS APPLY TO ALL CONTRACTS These Terms & Conditions apply to and form part of any contract, verbal or written, arising from the Customer's acceptance of the SKIE Rural Pty Ltd (hereafter referred to as Western Rural Services) offer and any contract arising from repeat or further orders for the same or similar goods.
2. ACCEPTANCE The placing of an order with Western Rural Services is a full acceptance of these Terms & Conditions and any terms and conditions sought to be introduced by the Customer's order will be disregarded and form no part of the contract.
3. PRICE A. Unless otherwise stated all prices quoted are exclusive of freight and/or delivery costs, insurance and/or other charges in relation to the transfer of the Goods from the Western Rural Services premises to the location designated by the Customer. B. Unless otherwise agreed in writing Western Rural services reserves the right to vary all prices without notification.
4. DELIVERY DELAY Every endeavour will be made by Western Rural Services to complete delivery within the period, if any, stated but Western Rural Services will not in any circumstance be liable for any claim, liability, expense or cost emanating from delay in delivery or no delivery caused by circumstances beyond the control of Western Rural Services even indirectly effecting the availability of the Goods.
5. CLAIMS Any claims for non-delivery, damage or deficiency occurring during the delivery must be made in writing within 7 days from the receipt of the delivery. Any claims made beyond that period shall be deemed to be waived.
6. EXAMINATION OF GOODS The Customer is responsible for the immediate examination of the Goods upon delivery and any deficiency or damage thereof must be reported to Western Rural Services within 7 days of delivery otherwise no claim for such damage or deficiency shall be considered.
7. LIABILITY OF SUPPLIER A. Western Rural Services shall not be responsible for damage or fault in performance arising out of incorrect or inappropriate use of the Goods by the Customer. The Customer acknowledges that Western Rural Services gives no warranty as to the fitness of the Goods for the intended application of the Customer and that the Customer has relied entirely upon its own evaluation thereof. B. The terms and conditions in this agreement that purport to exclude, or limit Western Rural Services liability shall apply to the extent permitted by Law, provisions of the Trade Practices Act 1974 (as amended) and other Statutes from time to time in force in Australia may imply v/warranties or conditions of impose obligations upon Western Rural Services that cannot be excluded, restricted or modified except to a limited extent. If any such statutory provision apply then, to the extent to which Western Rural Services is entitled thereunder to do so, its liability under those statutory provisions shall be limited at the option of Western Rural Services, where the breach relates to goods, the replacement of the Goods or the supply of equivalent Goods.
8. GOVERNING LAW All contracts subject to these conditions will be construed and enforceable in accordance with the laws of the states of New South Wales, South Australia and Queensland. All claims or disputes arising out of the such contract will be subject to the jurisdiction of the courts of that state.