Conditions Of Sale

Darlind Pty Ltd, A.B.N. 45 060 996 661

  1. General-Unless otherwise specified in writing by Darlind the terms and conditions appearing hereinall be incorporated into this contract and into future contracts by Darlind or its related companies to supply goods or services and any terms and conditions contained in that customer’s order or otherwise shall not apply. Any reference herein to Darlind includes companies related to Darlind.
  2. Important Statutory Information-Certain legislation (including the Trade Practices Act, 1974 as amended) has the effect of implying various conditions and warranties into contracts entered into with consumers.These conditions of sale do not exclude,restrict,or modify any condition,warranty,or right of a consumer or any liability of Darlind implied into this contract by law.
  3. Liability-Subject to the rights so conferred upon customers who are consumers and the restrictions so imposed upon Darlind referred to above:
    1. All conditions warranties and representations on the part of Darlind whether express or implied,statutory or otherwise whether collateral or antecedent hereto or otherwise are hereby expressly excluded.
    2. Without in any way limiting the generality of the foregoing Darlind shall not be liable for any defect or defects in any goods supplied under or pursuant to this contract.
  4. Limitation of Liability under Section 68A-Subject to the qualifications contained in Section 68A of the Trade Practices Act,should Darlind be liable to customers who are consumers for breach of a condition or warranty implied into this contract by the Trade Practices Act (other than a condition implied by Section 69), Darlind’s liability for such breach shall be limited to:
    1. In the case of goods, any one of the following as determined by Darlind:-
      1. The replacement of the goods or the supply of equivalent goods:or
      2. The repair of the goods:or
      3. The payment of the cost of replacing the goods or of acquiring equivalent goods:or
      4. The payment of the cost of having the goods repaired.
    2. In the case of services,any one of the following as determined by Darlind:-
      1. The supplying of the services again: or
      2. the payment of the cost of having the services supplied again. This provision shall not apply if the customer establishes that reliance on it would not be fair and reasonable.
  5. Fitness for Purpose-Any recommendation,information or assistance provided by Darlind to the customer in relation to the goods supplied hereunder is provided in good faith and is believed by Darlind to be appropriate and reliable but the customer acknowledges that he has not and does not rely, and that it would not be reasonable for him to rely on any such recommendation, information or assistance and that he has relied on his own skill and judgment in ensuring that the goods are and will be suitable for his purpose and intended application. The customer acknowledges that the goods supplied hereunder shall be used solely as replacement parts in tractors.
  6. Performance-Unless otherwise agreed,the customer agrees to accept in full performance of this contract any goods tendered by Darlind conforming to the type,size and standard of goods ordered by reference to a manufacturer’s brand name,serial number,symbol or description notwithstanding that the goods tendered are not the product of the manufacturer identified in the customer’s order.
  7. Claims-Unless otherwise agreed, no claim that goods supplied under this contract are defective,or do not conform to the contract speciifications will be recognised unless notified to Darlind within 120 days of the date of Darlind’s invoice for the goods. Any claim must also be notified in writing within the 120 day period.
  8. Credit on Goods-Except as provided below,any unused goods supplied hereunder may be returned(freight pre paid and invoice number quoted)to Darlind for credit & the following charges will apply in relation to spare parts purchases:
    1. Returns made within a period of 14 days of the date of delivery an amount equal to 10% of the invoice amount will be deducted.
    2. Returns within a period of 15 & 28 days of the date of delivery an amount equals to 15% of the invoice amount will be deducted.
    3. Returns after 28 days of the date of delivery cannot be accepted or goods supplied by Darlind that have been specially manufactured,ordered or adapted to the customer’s specifications, and all ball or roller bearings,cups,cones, gaskets and seals supplied hereunder are not returnable for credit. All goods returned for credit shall be consigned to:
      Darlind Pty Ltd
      C/- Coastal & Country Transport
      Unit 1, 107 Newton Road
      Wetherill Park NSW 2164
      Phone (02) 9873 4351 or Fax (02) 9871 4013
      or as otherwise agreed to.
  9. Payment-Unless otherwise expressly agreed in writing the terms of payment for all goods or services provided hereunder shall be net 30 days from the end of the month in which delivery or performance is invoiced. A service fee of 1.25% per month shall be payable on the balance of all accounts overdue for payment in excess of 30 days from the expiry of the 30 day payment period.
  10. Application of Payments-Payments received by Darlind in respect of any outstanding account shall be applied:
    • Firstly-in discharge of any service fee, and
    • Secondly-in discharge of the balance of any account outstanding.
    Acceptance by Darlind of part payment of any outstanding account shall in no way diminish Darlind’s right to recover the balance of any outstanding account.
  11. Title of Ownership-Title and ownership of these goods remains with Darlind until final and full payment is received.
  12. Pricing & Shortage-Any queries regarding price must be made within 7 days of invoice date. Any shortages must be advised within 3 days of receipt of goods.
  13. Uncollected Goods. Goods ordered and not paid for or collected within 14 days of the invoice date will not be held but will be returned to stock for resale.
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