1. Application of Terms

These Terms and Conditions apply to all purchase orders issued by Conveying and Hoisting Solutions Pty Ltd, ABN 78 163 105 744 (“Conveying and Hoisting Solutions”). By accepting a Purchase Order, the Supplier agrees to be bound by these Terms to the exclusion of any terms proposed by the Supplier, unless otherwise agreed in writing by Conveying and Hoisting Solutions.

2. Payment Terms

Conveying and Hoisting Solutions will pay properly rendered tax invoices within 30 days from the end of the month in which the invoice is received, unless otherwise agreed. Conveying and Hoisting Solutions may withhold payment for any disputed or non-compliant invoice. Interest on undisputed overdue amounts may accrue at a rate of 3% per annum.

3. Warranties

The Supplier warrants that all Goods and/or Services provided:
  • Are of acceptable quality and fit for any purpose made known to the Supplier;
  • Comply with all applicable specifications, standards and laws;
  • Are free from defects in materials, workmanship and design;
  • Do not infringe the intellectual property rights of any third party.
These warranties are in addition to any rights and remedies available to Conveying and Hoisting Solutions under the Australian Consumer Law or otherwise at law.

4. Indemnity

The Supplier indemnifies Conveying and Hoisting Solutions against any direct loss, damage or expense arising from:
  • A claim that the Goods or Services infringe the rights (including IP rights) of any third party;
  • Any breach of these Terms or applicable law;
  • Personal injury or property damage caused by the Supplier’s negligence or wilful misconduct.
This indemnity is subject to Conveying and Hoisting Solutions:
  • Taking reasonable steps to mitigate its losses; and
  • Promptly notifying the Supplier of any claim giving rise to indemnity.

5. Limitation of Liability

To the maximum extent permitted by law:
  • Conveying and Hoisting Solutions is not liable for any indirect, special or consequential loss or loss of profit;
  • The total aggregate liability of Conveying and Hoisting Solutions under a Purchase Order is capped at the total value of the relevant Purchase Order;
  • Nothing in this clause limits liability for personal injury, death, fraud, or other liability that cannot lawfully be excluded.

6. Termination

Conveying and Hoisting Solutions may terminate a Purchase Order:
  • Immediately by written notice if the Supplier commits a material breach and fails to remedy it within 14 days of being notified; or
  • Without cause on 30 days’ written notice.
On termination, the Supplier is entitled only to payment for conforming Goods and Services delivered and accepted by Conveying and Hoisting Solutions prior to the termination date.

7. Variations

These Terms may only be varied by written agreement signed by both parties. Conveying and Hoisting Solutions may issue updated terms for future orders by written notice. The updated terms will apply only to Purchase Orders issued after the date of such notice.

8. Governing Law

These Terms and any Purchase Order are governed by the laws of New South Wales. The parties submit to the exclusive jurisdiction of the courts of that state.