Account Terms and Conditions
Account payment terms are 30 days from date of the invoice, if your account is not paid in this time frame, your account will be suspended, and all future orders will require COD payment terms until the account is settled.
Should collection or legal action be required to collect past dues, fees for such action will be added to your account.
Terms and Conditions of Sale
These are the entire Terms and Conditions of Sale for all goods and merchandise and services (the goods) supplied by Power Flo Hydraulics (ABN 53 637 739 755) (referred as Power Flo Hydraulics) to any person, firm or company placing an order with Power Flo Hydraulics for the purchase of any goods (the customer). Except as otherwise expressly agreed upon in writing between a duly authorized officer of Power Flo Hydraulics and the Customer, these terms and conditions shall apply notwithstanding any provisions to the contrary which may appear on any order or other document issued by any Customer.
GENERAL
1. No quotation by Power Flo Hydraulics shall constitute an offer
2. All orders are placed with Power Flo Hydraulics shall only be accepted subject to these Terms and Conditions. Power Flo Hydraulics may at any time and alter these Terms and Conditions of Sale and shall apply after notification by Power Flo Hydraulics to the Customer.
3. If a customer cancels or alters any order or part order for special or standard goods with special materials at any time after Power Flo Hydraulics has received the order than Power Flo Hydraulics reserves the right to charge to the Customer, the costs of any special or standard goods or material already acquired for the order together with the cost of any labour and tooling expended to the date of such cancellation or alterations.
4. Goods and Services Tax (GST) or any other applicable tax or duty payable shall be paid by or reimbursed by the customer to Power Flo Hydraulics on demand and the customer shall indemnify and keep indemnified Power Flo Hydraulics in respect of all taxes and duties including. GST arising out of any sale of goods or the subsequent use of goods after the sale to the customer.
PRICES
5. Prices are those referred to any invoice issued by Power Flo Hydraulics and/or arrangements current at the date of issue and shall be subject to change without notice.
TERMS OF PAYMENT
6. Unless otherwise stated in writing all prices are strictly 30 days from end of month (EOM). Credit to a customer shall be at the absolute discretion of Power Flo Hydraulics and unless otherwise demanded by Power Flo Hydraulics, the customer shall make payment of all amounts payable within 30 from End of Month
7. Customers shall not be entitled to withhold payment of any account by reason of any account query, dispute or set off.
LIABILITY
8. Unless specifically agreed to in writing, under no circumstances does POWER FLO HYDRAULICS undertake liability for any loss or damage to persons or property of any nature due to any cause or any amount as a result, direct or indirect of any defect, deficiency or discrepancy in goods or materials sold or supplied by us in this respect, all conditions, warranties and liabilities, expressed or implied, statutory or otherwise not contained herein, are expressly negatived.
PERSONAL PROPERTIES AND SECURITIES
9. The purchaser acknowledges and agrees to these terms and conditions:
a) Constitute a security agreement for the purposes of the PPS and creates a security interest in:
b) All goods previously supplied by Power Flo Hydraulics to the purchaser (if any);
c) All goods that will be supplied in the future by Power Flo Hydraulics to the purchaser to secure payment of all monies owing by the purchaser to Power Flo Hydraulics from time to time under these terms and conditions and under any other agreement or arrangement between the purchaser and IFS.
INTELLECTUAL PROPERTY
10. The customer acknowledges that Power Flo Hydraulics is the legal and beneficial owner of all Intellectual Property that is provided to the Customer through this agreement. The customer shall maintain records of goods owned by Power Flo Hydraulics, identifying them as Power Flo Hydraulics property, of any persons to whom the goods are sold or disposed of and any of the payments made by such persons for such goods.
WARRANTY
11. Subject to payment in full being made as defined in Clause 7, Power Flo Hydraulics shall use its best endeavours to pass on to the Customer the benefit of any warranties or guarantees it receives in respect of goods or parts thereof supplied to the Customer.
PRIVACY ACT 1988
12. The customer authorises Power Flo Hydraulics to obtain from a credit-reporting agency, a credit report containing personal credit information about the customer in relation to credit provided by Power Flo Hydraulics.
CONSUMER
13. If the customer/consumer is entitled to a replacement or refund for a ‘major failure’ and for compensation of any other reasonably foreseeable loss or damage. The customer is also entitled to have the goods repaired or replaced if the goods fail to be an acceptable quality and the failure does not amount to a major failure. For further clarification, you will have to go read the Competition and Consumer Act 2010.
LEGISLATION
14. If, as a result of any legislation becoming applicable to the subject matter of this agreement or any changes in legislation or its interpretation by a court of competent jurisdiction or by any authority charged with its administration, Power Flo Hydraulics becomes liable to pay any tax, duty, excise or levy in respect of the amounts received from the customer, then the customer must pay Power Flo Hydraulics these additional amounts on demand.