Goldacres Terms & Conditions

GOLDACRES TERMS AND CONDITIONS OF SALE AND WARRANTY

Goldacres Goods are only available for purchase upon the terms and conditions set out below.

Interpretation

  1. In these terms and conditions of sale and warranty:
    1. Goldacres” means Goldacres Trading Pty. Ltd. A.C.N. 061 306 732 of 1-3 Morang Crs Mitchell Park; trading as Goldacres Agricultural Equipment (its successors and assigns) which is the seller of the Goods;
    2. Purchaser” means the purchaser/Buyer of the Goods;
    3. Goods” means the product and, if any, the services sold or provided;
    4. Nothing in these terms and conditions of sale and warranty 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 Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.
    5. GST Act and GST are given the meanings referred to in a New Tax System (Goods and Services Tax) Act 1999.

Acceptance of Purchasers Order.

  1. These terms and conditions shall apply to every sales contract and sale of goods between Goldacres and Purchaser; any terms and conditions of Purchaser order deviating from or inconsistent with these Terms are expressly rejected by Goldacres. A contract shall only be or be deemed to have been entered into between Goldacres and Purchaser for the supply of goods when, upon an order having been placed upon Goldacres for goods, that order has been accepted by Goldacres.

Pricing/Payment

  1. These terms and conditions of sale and warranty (which shall only be waived in writing signed by Goldacres) shall prevail over all terms and conditions of the purchaser to the extent of any inconsistency.
    1. Unless otherwise stated in writing by Goldacres, all prices quoted by Goldacres 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.
    3. All prices are listed in our quotations and product catalogue Inclusive of 10% GST. Prices listed and/or quoted are subject to change or alteration without notice.
    4. Payment can be made via Credit Card, PayPal or Stripe only.
    5. Unless previously withdrawn, Goldacres’ quotations are open for acceptance within the period stated therein or, when no period is stated, with 14 days only of the quotation date

Limit of Liability

    1. Goldacres liability for Goods manufactured by it is limited to making good any defects by repairing the same or at Goldacres 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:
      1. the defects have arisen solely from faulty materials or workmanship;
      2. the Goods have not received maltreatment inattention or interference;
      3. accessories of any kind used by the purchaser are manufactured or approved by Goldacres;
      4. where applicable, the seals on the Goods remain unbroken;
      5. there has been no improper adjustment, calibration or operation;
      6. the use of accessories including consumables, hardware or software (not manufactured by Goldacres) has been approved in writing by Goldacres;
      7. no contamination or leakage has been caused or induced;
      8. any modification to the Goods have been authorised in writing by Goldacres;
      9. there has been no inadequate or incorrect use, storage, handling or application of the Goods;
      10. there has been no use or operation of the Goods outside of the physical, electrical or environmental specifications of the Goods;
      11. there has been no inadequate or incorrect site preparations;
      12. there has been no inadequate or improper maintenance of the Goods;
      13. it has not been caused by fair wear and tear; and
      14. 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
      15. 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
      16. 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 at the time of the warranty claim;
      17. the defective Goods or any damaged part of the Goods are promptly returned free of cost to Goldacres or a representative of Goldacres;
      18. all warranty related repairs have been carried out with the prior authorisation of Goldacres;
  1. if Goods or any part thereof are not manufactured by Goldacres, in particular engines, engine accessories, transmissions, transfer cases, differentials, tyres, tubes, batteries, radios and UHFs, the guarantee of the manufacturer thereof shall be accepted by the purchaser and is the only guarantee given to the purchaser in respect of the Goods or that part;
  2. in the case of hydraulic systems, Goldacres shall replace defective parts in accordance with section 6(1) of these conditions, provided that the failure of the part was not related to contamination within the system, Goldacres shall not be liable for labour in the case of repairing hydraulic system defects;
  3. this warranty does not extend to components considered as normal wear items including, but not limited to nozzles, chains, belts, filters, brake pads, polyethylene bushes and liquid pump valves, valve O-rings, diaphragms and seals;
  4. Goldacres shall not be liable for and the purchaser releases Goldacres from any claims in respect of faulty or defective design of any Goods supplied unless such a design has been wholly prepared by Goldacres and the responsibility for any claim has been specifically accepted by Goldacres in writing and in any event Goldacres liability hereunder shall be strictly limited to the replacement of defective parts in accordance with paragraph 11 (1) of these conditions;
  5. 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 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 negligence or in any other way whatsoever;
  6. Warranty shall only be available to the Purchaser and shall not be transferable by the Purchaser;
  7. (Warranty in no way extends to any used Goods.

Packing

  1. 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

  1. The purchaser waives any claim for shortage of any Goods delivered if the purchaser has not lodged a claim in respect thereof with Goldacres within (7) seven days from the date of receipt of the Goods.

Freight

  1. The delivery times made known to the purchaser are estimates only and Goldacres shall not be liable for late delivery, non-delivery or delay and under no circumstances shall Goldacres 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. Goldacres offers free delivery Australia wide for item under 1200mm x 1200mm (WxL) Standard Pallet. Goods will not be shipped outside of Australia. Goldacres may deliver the goods by instalments or partial shipments, and the purchaser will accept each delivery. Requirements of Purchaser shall not be a condition or of the essence of the sales. Goldacres shall be under no liability for direct or consequential loss or damages to purchaser arising from delay or postponement in delivery.

Loss or damage in transit

  1. Goldacres will not in any circumstances accept liability for damage, shortage or loss during transit. Goldacres shall render the purchaser such assistance as may be necessary to press claims on carriers provided that the purchaser shall have notified Goldacres and the carriers immediately the loss or damage is discovered on receipt of Goods and shall lodge a claim on the carrier within three (3) days of the date of receipt of the Goods.

Specifications, etc: Catalogues, etc: Quantities

  1. All specifications, (without limiting the generality of same – including: 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 or form any claim against Goldacres. 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.

Performance, Capacities, Chemicals, Liquids, Application Methods, Environmental Effects

  1. Any performance, volumes, and/or capacity figures given by Goldacres are estimates only. Goldacres shall be under no liability for damages for failure to obtain such figures unless specifically guaranteed in writing and any such written guarantee shall be subject to the recognised tolerances applicable to such figures. The suitability of chemicals and other liquids for any application and the application methods and the environmental effects shall be sole decision and responsibility of the purchaser and the user of the Goods. Goldacres 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 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

  1. The delivery times and service times made known to the purchaser are estimates only and Goldacres shall not be liable for late delivery, non-delivery or delay and under no circumstances shall Goldacres 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.

Cancellation

  1. Orders accepted by the Goldacres cannot be countermanded or delivery deferred or goods returned except with the written consent of Goldacres and upon terms that reimburse and indemnify Goldacres against all loss including freight, bank charges and other incidental expenses on any part of the order that is cancelled.

Returned Goods

  1. Goldacres shall not be under any obligation to accept Goods returned by the purchaser and will do so only on terms to be agreed in writing in each individual case.

No waiver

  1. The failure of any party to enforce the provisions of this agreement or to exercise any rights expressed in this agreement shall not be a waiver of such provisions or rights and shall not affect the enforcement of this agreement. The exercise by any party of any of its rights expressed in this agreement shall not preclude or prejudice such party from exercising the same or any other rights it may have irrespective of any previous action taken by that party.

Force Majeure

  1. If by reason of any fact, circumstance, matter or thing beyond the reasonable control of Goldacres is unable to perform in whole or in part any obligation under this agreement then Goldacres shall be relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform and shall not be liable to the purchaser in respect of such inability.

Passing of risk

  1. Risk in the Goods shall pass to the purchaser upon delivery of the Goods to the purchaser or collection of the goods by the purchaser’s agent or carrier as the case may be.

Place of contract

  1. The contract for sale of the Goods and the provision of the services is made in the State of Victoria and the purchaser agrees to submit all disputes arising with Goldacres to the courts of such State and any court competent to hear appeals therefrom.

Warranty terms and conditions

    1. Goods sold shall only have the benefit of a manufacturer’s warranty if the purchaser has complied with the manufacturer’s instructions in relation to maintenance and operation of the goods sold. Goldacres liability in respect of a breach of a consumer guarantee for any goods not of a kind ordinarily acquired for personal, domestic or household use is limited to, to the extent permissible by law and at Goldacres’ option in relation to the goods

      1. the replacement of the goods
      2. the repair of the goods
      3. the payment of the cost of replacing the goods or the payment for the cost of having the goods repaired. The exemption, limitations, terms and conditions in these Terms apply whether or not the loss or damage is caused by negligence or actions constituting fundamental breach of contract. Goldacres is not liable for any direct, indirect or consequential loss or damage howsoever arising or occurring, whether founded in tort, contract, statute or otherwise.

E & O.E: (Prices subject to change or alteration without notice)