Terms of Business
1. GENERAL
1.1 These Terms of Business apply to all quotations, inspections, repairs, remanufacturing services, testing, supply of goods and services provided by Salzmann Radiators Pty Ltd (“Salzmann Radiators”).
1.2 By issuing a purchase order, providing written or verbal approval, delivering goods for repair, or otherwise instructing Salzmann Radiators to commence works, the customer agrees to be bound by these Terms of Business.
1.3 These Terms prevail over any inconsistent terms provided by the customer unless otherwise agreed in writing by Salzmann Radiators.
2. QUOTATIONS & PRICING
2.1 All quotations are estimates only unless expressly stated otherwise in writing.
2.2 All prices quoted are exclusive of GST unless otherwise stated.
2.3 Quotations are based on the initial information and preliminary inspection available at the time of quoting.
2.4 Pressure testing, dismantling, cleaning and inspection processes may reveal additional faults, damage or defects not visible
during the initial assessment.
2.5 Any additional work, materials or labour identified during inspection or repair processes may incur additional charges. Where practicable, customer approval will be sought prior to proceeding with additional works.
2.6 Salzmann Radiators does not guarantee that all components submitted for repair or remanufacture can be successfully repaired, restored or returned to original manufacturer specifications.
2.7 Any estimated turnaround times are indicative only and subject to workshop capacity, parts availability, freight delays and inspection outcomes.
2.8 Quotations are valid for 30 days unless otherwise stated.
3. INSPECTION & REJECTION OF GOODS
3.1 All radiators, heat exchangers and components are subject to inspection upon receipt.
3.2 Salzmann Radiators reserves the right to reject any goods considered unsuitable, unsafe or uneconomical to repair or remanufacture.
3.3 All labour, inspection, cleaning, testing, freight and associated costs incurred up to the point of rejection remain payable by the customer.
4. CUSTOMER-SUPPLIED GOODS & PRE-EXISTING CONDITIONS
4.1 Customer-supplied goods may contain pre-existing damage, corrosion, contamination, fatigue, cracks or latent defects not immediately visible during initial inspection.
4.2 Salzmann Radiators shall not be liable for failures resulting from pre-existing conditions, material fatigue, prior repairs, contamination, improper installation, misuse, overheating or operating conditions beyond its reasonable control.
4.3 Repair and remanufacturing processes may involve dismantling, heating, welding, chemical cleaning and pressure testing procedures that may reveal or worsen existing defects.
4.4 The customer must disclose any hazardous substances, chemicals, oils or contaminants present in goods submitted for repair.
4.5 Salzmann Radiators reserves the right to refuse contaminated or unsafe goods and may charge additional cleaning or handling fees where required.
5. FREIGHT, DELIVERY & RISK
5.1 Unless otherwise agreed in writing, delivery to and collection from Salzmann Radiators premises is the responsibility of the customer.
5.2 Freight, transport and associated costs are payable by the customer unless specifically included in the quotation.
5.3 Risk in goods remains with the customer during transport to and from Salzmann Radiators premises.
5.4 Where Salzmann Radiators arranges freight on behalf of the customer, it does so solely as agent for the customer and accepts no liability for loss, delay or damage caused during transit by third-party carriers.
5.5 Customers are responsible for ensuring goods are adequately packaged for transport.
6. STORAGE & UNCOLLECTED GOODS
6.1 Customers will be notified once goods are ready for collection.
6.2 Goods not collected within 14 days of notification may incur reasonable storage charges.
6.3 Goods left uncollected for more than 90 days may be disposed of or sold to recover outstanding amounts and storage costs, subject to applicable law.
7. PAYMENT TERMS
7.1 Payment terms are as stated on the quotation or invoice.
7.2 Salzmann Radiators reserves the right to require deposits or progress payments prior to commencement or completion of works.
7.3 Overdue accounts may incur interest, administration fees and debt recovery costs.
7.4 The customer shall be liable for all reasonable recovery costs, including legal and collection costs, incurred by Salzmann Radiators in recovering overdue amounts.
8. CANCELLATION OR DEFERRAL OF WORKS
8.1 Where works are cancelled or deferred after commencement, the customer shall remain liable for all labour, materials, freight and associated costs incurred up to the date of cancellation or deferral.
9. WARRANTY
9.1 Salzmann Radiators warrants that repair and remanufacturing works will be carried out with reasonable care and skill.
9.2 Unless otherwise stated in writing, workmanship warranty is limited to 90 days from the invoice date.
9.3 Warranty claims must be submitted in writing together with proof of invoice.
9.4 Warranty is limited, at the discretion of Salzmann Radiators, to:
(a) repair of the defective work;
(b) replacement of defective components; or
(c) refund of the invoiced repair amount.
9.5 Warranty does not cover:
(a) normal wear and tear;
(b) corrosion or contamination;
(c) misuse or improper installation;
(d) overheating or over-pressurisation;
(e) vibration or external damage;
(f) customer-supplied components;
(g) freight or transport costs;
(h) removal or reinstallation costs;
(i) downtime, loss of production or consequential loss.
10. CLAIMS & INSPECTION
10.1 Customers must inspect goods upon collection or delivery.
10.2 Any alleged defect, discrepancy or transport damage must be notified to Salzmann Radiators in writing within seven (7) days of collection or delivery.
11. LIMITATION OF LIABILITY
11.1 To the maximum extent permitted by law, Salzmann Radiators shall not be liable for:
(a) consequential loss;
(b) loss of profits;
(c) downtime;
(d) loss of production;
(e) hire costs;
(f) transport delays; or
(g) indirect or special damages.
11.2 Salzmann Radiators total liability arising from any goods or services supplied shall not exceed the amount invoiced for those goods or services.
12. AUSTRALIAN CONSUMER LAW
12.1 Nothing in these Terms excludes, restricts or modifies any rights or remedies which cannot lawfully be excluded under the Australian Consumer Law.
12.2 Where permitted by law, Salzmann Radiators liability for breach of any non-excludable guarantee is limited to:
(a) re-supplying the services;
(b) repairing the goods; or
(c) refunding the relevant charges paid.
13. FORCE MAJEURE
13.1 Salzmann Radiators shall not be liable for delays or failure to perform caused by events beyond its reasonable control, including supplier delays, freight disruptions, labour shortages, equipment failure, power outages, natural disasters or industrial action.
14. GOVERNING LAW
14.1 These Terms of Business are governed by the laws of New South Wales, Australia.
14.2 Any disputes arising shall be subject to the jurisdiction of the courts of New South Wales.
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