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Interpretation
1. In terms and conditions:
(1) “Goldacres” or “Pathway” means Goldacres Trading Pty. Ltd. A.C.N. 061 306 732 trading
as Goldacres Agricultural Equipment (its successors and assigns) which is the seller of
the Goods;
(2) “Purchaser” means the purchaser of the Goods;
(3) “Goods” means the products and, if any, the services sold or provided by Goldacres/
Pathway to the Purchaser;
(4) “GST Act” and “GST” are given the meanings referred to in a New Tax System (Goods
and Services Tax) Act 1999.
(5) “PPSA” means the Personal Property Securities Act 2009 (Clth) (as amended);
(6) Nothing in these terms and conditions shall be read or applied so as to exclude, restrict
or modify or have the effect of excluding, restricting or modifying, any condition,
warranty, guarantee, right or remedy implied by law (including the Competition and
Consumer Act 2010) and which by law cannot be excluded, restricted or modified.
General
2. (1) The Goods and all other products or services provided by Goldacres/Pathway are pro-
vided subject to these terms and conditions. These terms and conditions and any terms
and conditions incorporated herein by virtue of clause 3 hereto shall prevail over all other
terms and conditions of the Purchaser or otherwise to the extent of any inconsistency.
(2) These terms and conditions may not be modified or amended without the expressed
writtenconsentof Goldacres/PathwayendorsedbytheManagingDirectorof Goldacres
Trading P/L.
Additional Terms and Conditions
3. From time to time Goldacres/Pathway may provide additional or extended warranties in
respect of certain goods and/or services. Where such additional or extended warranties
are provided to a Purchaser in writing they will be incorporated into these terms and
conditions provided that in the event of any inconsistency between these terms and
conditions and the terms of any additional or extended warranty, the provisions of the
additional or extended warranty shall prevail.
Goldacres/Pathway quotations.
4. Unless previously withdrawn, Goldacres/Pathway quotations are open for acceptance
within the period stated therein or, when no period is stated, with 14 days only of the
quotation date. Goldacres/Pathway reserves the right to refuse any order based on any
quotation within 7 days of receipt of the order.
Packing
5. The cost of any special packing and packing materials used in relation to the Goods shall
be at the Purchaser’s expense notwithstanding that such cost may have been omitted
from any quotation.
Shortage
6. The Purchaser waives any claim for shortage of any Goods delivered if a claim in respect
thereof has not been lodged with Goldacres/Pathway within (7) seven days from the date
of receipt of the Goods by the Purchaser.
Specifications, etc: Catalogues, etc: Quantities
7. All specifications, (including but not limited to: drawings, particulars of weights,
volumes, capacities, dimensions, load factors) are approximate only and any deviation
shall not be taken to vitiate any contract with Goldacres/Pathway or form any claim
against Goldacres/Pathway. The descriptions, illustrations, and performances contained
in catalogues, price lists and other advertising matter do not form part of the contract
of sale of the Goods. Where specifications, drawings or other particulars are supplied by
the Purchaser, Goldacres/Pathway’ price is made on estimates of quantities required.
Should there be any adjustments in quantities above or below the quantities estimated
by Goldacres/Pathway and set out in a quotation, then any such increase or decrease
shall be adjusted on a unit rate basis according to unit prices set out in the quotation.
Performance, Capacities, Chemicals, Liquids, Application Methods, Environmental Effects
8. Any performance, volumes, and/or capacity figures given by Goldacres/Pathway are
estimates only. Goldacres/Pathway shall be under no liability for damages for failure to
obtain such figures unless specifically guaranteed in writing and any such written guaran-
tee shall be subject to the recognised tolerances applicable to such figures. The suitabil-
ity of chemicals and other liquids for any application and the application methods and
the environmental effects shall be the sole decision and responsibility of the Purchaser
and the user of the Goods. Goldacres/Pathway gives no warranty as to the suitability of
any chemicals or other liquids for any application, nor the application methods nor the
environmental effects, which may result from the use of the Goods. Goldacres/Pathway
shall be under no liability for damages arising out of the use of any chemicals, liquids,
or mixtures in the Goods nor for any application, nor for the application methods nor for
the environmental effects, which may result from the use of the Goods.
Delivery/Service Times
9. The delivery times and service times made known to the Purchaser are estimates only
and Goldacres/Pathway shall not be liable for late delivery, non-delivery or delay and
under no circumstances shall Goldacres/Pathway be liable for any loss, damage or delay
occasioned by the Purchaser or its customers arising from the late or non-delivery or late
installation of the Goods.
Loss or damage in transit
10. Goldacres/Pathway is not responsible for any loss or damage to Goods in transit. Golda-
cres/Pathway shall render the Purchaser such assistance as may be necessary to press
claims on carriers provided that the Purchaser shall have notified Goldacres/Pathway
and the carriers immediately the loss or damage is discovered on receipt of Goods and
shall lodge a claim on the carrier within three days of the date of receipt of the Goods.
Insurance of Goods in transit is the responsibility of the Purchaser.
Limit of Liability
11. (1) Goldacres/Pathway liability for Goods manufactured by it is limited to:
(a) where the law implies consumer guarantees into these terms and conditions pursuant
toPart3.2Division1of Schedule2totheCompetitionandConsumerAct2010(C’th”)
(“consumer guarantees”) which cannot be excluded and Goldacres/Pathway breaches
a consumer guarantee, the loss and damage the Purchaser is entitled to at law which
cannot be excluded by these terms and conditions;
and, in all other cases
(b) making good any defects by repairing the same or at Goldacres/Pathway option by
replacement within a period not exceeding either 1000 hours or twelve calendar months,
whichever comes first, after the Goods have been dispatched provided that:
(i) the defects have arisen solely from faulty materials or workmanship;
(ii) the Goods have not received maltreatment inattention or interference;
(iii) accessories of any kind used by the Purchaser are manufactured or approved by Golda-
cres/Pathway;
(iv) where applicable, the seals on the Goods remain unbroken;
(v) there has been no improper adjustment, calibration or operation;
(vi) the use of accessories including consumables, hardware or software (not manufactured
by Goldacres/Pathway) has been approved in writing by Goldacres/Pathway;
(vii) no contamination or leakage has been caused or induced;
(viii) any modification to the Goods have been authorised in writing by Goldacres/Pathway;
(ix) there has been no inadequate or incorrect use, storage, handling or application of the
Goods;
(x) there has been no use or operation of the Goods outside of the physical, electrical or
environmental specifications of the Goods;
(xi) there has been no inadequate or incorrect site preparations;
(xii) there has been no inadequate or improper maintenance of the Goods;
(xiii) it has not been caused by fair wear and tear; and
(xiv) firstly the Goods have been thoroughly inspected and any damage (from whatever cause)
to the Goods (and in particular – the structure, welding, seams, bolts, booms) has been
repaired prior to the Goods being operated, used driven or moved and on each occasion
the tanks are filled; and
(xv) there has been no failure to comply with the requirements of all present or future laws or
regulations relating to the Goods and/or the use and/or the operation of the Goods; and
(xvi) there has been no failure to maintain a record of hours of operation (which record shall
contain full details of all inspections, repairs and maintenance) and produce same to
Goldacres/Pathway at the time of the claim;
(xvii) the defective Goods or any damaged part of the Goods are promptly returned free of
cost to Goldacres/Pathway or a representative of Goldacres/Pathway;
(xviii) all warranty related repairs have been carried out with the prior authorisation of Golda-
cres/Pathway;
(2) If Goods or any part thereof are not manufactured by Goldacres/Pathway, in particular
engines, engine accessories, transmissions, transfer cases, differentials, tyres, tubes,
batteries,radiosandUHFs,theguaranteeof themanufacturerthereof shallbeac-
cepted by the Purchaser and is the only guarantee given to the Purchaser in respect of
the Goods or that part provided always that this clause does not seek to exclude the
consumer guarantees;
(3) In the case of hydraulic systems, Goldacres/Pathway shall replace defective parts in ac-
cordance with clause 11(1) of these conditions, provided that the failure of the part was
not related to contamination within the system, Goldacres/Pathway shall not be liable for
labour in the case of repairing hydraulic system defects;
(4) Goldacres will not accept liability for damage attributed to fair wear and tear including
butnotlimitedtofairwearandteartonozzles,chains,belts,filters,brakepads,polyeth-
ylene bushes and liquid pump valves, valve O-rings, diaphragms and seals;
(5) Goldacres/Pathway shall not be liable for and the Purchaser releases Goldacres/Pathway
from any claims in respect of faulty or defective design of any Goods supplied unless
such a design has been wholly prepared by Goldacres/Pathway and the responsibility
for any claim has been specifically accepted by Goldacres/Pathway in writing and in any
event Goldacres/Pathway liability hereunder shall be strictly limited to the replacement
of defective parts in accordance with paragraph 11(1) of these conditions provided
always that this clause does not seek to exclude the consumer guarantees;
(6) Except as provided herein, all express and implied warranties, guarantees and conditions
under statute or general law as to the merchantability, description, quality, suitability or
fitness of the Goods for any purpose or as to design, assembly, installation, materials
or workmanship or otherwise are hereby expressly excluded and Goldacres/Pathway
shall not be liable for physical or financial injury, loss or damage or for consequential
loss or damage of any kind arising out of the supply, layout, assembly, installation or
operation of the Goods or arising out of Goldacres/Pathway negligence or in any other
way whatsoever;
(7) The benefit of any warranty provided under these terms and conditions shall only be
available to the Purchaser and shall not be transferable by the Purchaser;
(8) The warranties provided under these terms and conditions do not extend to second hand
or used Goods that may be sold by Goldacres/Pathway.
12. Goldacres/Pathway liability for breach of a consumer guarantee is hereby limited (in the
case of goods and services not used for personal, domestic or household purposes) to:
(1) in the case of Goods, any one or more of the following:
(a) the replacement of the Goods or the supply of equivalent Goods;
(b) the repair of the Goods;
(c) the payment of the cost of replacing the Goods or acquiring the equivalent Goods;
(d) the payment of having the Goods repaired; or
(2) in the case of services;
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.
Prices
13. (1) Unless otherwise stated in writing by Goldacres/Pathway, all prices quoted by Golda-
cres/Pathway are inclusive of GST for supplies within Australia and exclusive of GST for
exports outside of Australia. Prices quoted are those ruling at the time of quotation or
the date the price is given and are based on rates of freight, insurance, customs, duties,
taxes, exchange, shipping expenses, sorting and stacking charges, cartage, cost of
materials and other charges affecting the cost of production ruling on that date and any
alterations thereto either before acceptance of or during currency of the contract shall
be to the Purchaser’s account.
(2) For the purpose of 38-185 of the GST Act, the day upon which the seller gives the invoice
for the supply shall be the date of the invoice.
Payment
14. (1) The purchase price in relation to the Goods and the cost of the service shall be pay-
able without deduction and or set off and payment thereof shall be made on or before
the thirteenth day of the month following the delivery of the Goods or performance of
Terms and Conditions
