STANDARD TERMS AND CONDITIONS OF SALE

MGM Commercial Machinery Pty Ltd - Terms and Conditions

ABN 28 636 348 948/ ACN:  636 348 948

Warranty

Covers mechanical, electrical, and electronic parts for 12 months or 1980 hours, whichever comes first. Excludes normal wear, misuse, and external damage. Starts from installation date. Transport costs for non-stock parts are the purchaser's responsibility. Report defects or missing parts within 10 days. Purchaser covers technician travel and accommodation costs outside Brisbane, Gold Coast, and Sunshine Coast areas.

Orders

Subject to Supplier acceptance. Orders cannot be cancelled once accepted without written consent. Pre-acceptance cancellations require 7 days' notice and may incur a fee.

Installation

Purchaser provides site access, foundations, and necessary utilities. Costs for crane hire and utility connections are the purchaser's responsibility. Post-installation adjustments due to tampering incur charges.

General Terms

These terms override any conflicting purchaser terms. Goods are sold as described in the invoice or accepted order. Purchaser responsible for ensuring Goods’ suitability.

Quotations

Valid for 30 days unless otherwise stated. Purchaser pays applicable taxes.

Specifications

Purchaser responsible for accuracy of provided specifications. Performance values are estimates unless guaranteed in writing.

Delivery

Estimated delivery and installation times, not liable for delays. Purchaser must provide unloading facilities. Claims for short delivery must be made within 14 days.

Warranty for Goods

Defects in new Goods covered for 6 months. Excludes ordinary wear, damage from external influences, and misuse. Non-MGM Goods covered by manufacturer’s warranty. Repairs during business hours.

Limitation of Liability

No liability for consequential damages. Liability limited to replacement, repair, or cost thereof. Statutory condition liability limited to replacement, repair, or cost thereof.

Prices and Payment

Prices exclude GST. Payment terms: deposit on order acceptance, balance due in 30 days. Late payments incur interest. Payment may be required via letter of credit or bank guarantee.

Goods Ownership

MGM retains ownership until full payment. Purchaser assumes risk upon dispatch. MGM may repossess Goods if payment not made and charge for storage if delivery delayed by purchaser.

Returned Goods

Returns accepted only with prior agreement. Purchaser covers return costs.

Cancellation

Orders cancelled only with written consent, may incur indemnification for losses.

Place of Contract and Dispute Resolution

Contracts made in the issuing state/territory. Disputes resolved in local courts.

Force Majeure

Parties relieved of obligations if unable to perform due to uncontrollable circumstances, except for payment obligations.

Waiver and Severability

Extensions do not affect MGM’s rights. Invalid provisions severed, remaining provisions enforceable.

Separate Contracts

Each order is a separate contract; breaches of one do not terminate others.