No Bolt Conditions of Sale
1. In these conditions “Company” means NO BOLT OPERATIONS
PTY LTD and its assigns: and “Customer” means any person,
firm corporation or government instrumentality and their personal
representatives and permitted assigns who shall purchase any
equipment from the Company. Wh erever used ” Goods” include the
items quoted and any associated equipment. accessories, parts and
2. All express and implied guarantees, warranties and conditions
(including quality or fitness for any particular purpose) under the
General Law, Statute or otherwise are hereby expressly excluded to the
extent permitted by law and the following alone apply.
The price quoted is the Company’s current Selling Price and any
variation on its Selling Price at the date of delivery will be to the
4. PROPERTY & RISK
All payments of purchase price, transport charges and any other
charges in respect of the Goods (“Purchase Price”) shall be made to the
Company immediately on notification of availability of the Goods for
sale to the Customer.
(a) Property in the Goods shall pass to the Purchaser when full
payment of the Purchase Price has been received by the Company.
Until property passes to the Customer, the Customer acknowledges
that it is in possession of the Goods solely as bailee for the
Company and in that capacity shall store the Goods separately from
the Customer’s own Goods or those of any other person and in a
manner which rende rs the Goods clearly identifiable as Goods of
the Company. Until such time as payment has been made in full
or the Goods are returned unused and undamaged, the Customer
shall indemnify the Company from and against any claim, liability,
damage or injury to or by the Goods.
(b) The Customer grants to the Company and the Company takes from
the Customer a security interest in the Goods to secure payment
by the Customer of the Purchase Price to the Company and to
secure the performance by the Customer of its obligation to the
Company as bailee pursuant to Clause 4(a) The Customer agrees to
do all things reasonably required by the Company (if any) including
the execution of any document to allow the Company to register
secur ity interest in the Goods In accordance wit h the provisions of
the Personal Property Securities Act 2009 (Cth).
(c) The Company may, without prejudice to any rights and without
previous notice, retake and resume possession of all Goods which
remain the property of the Company and may for t hat purpose by its
servants and agents enter upon the Customer’s premises or any
other place where the Goods may be upon the occurrence of any
one of the following events:
(i) The Customer commences to be wound up or is placed
under official management or a receiver is appointed or an
encumbrancer takes possession of its undertaking or proper ty or
any part thereof: or
(ii) The Customer becomes insolvent or bankrupt or commits an
act of bankruptcy or makes an assignment for the benefit of a
(iii) The Customer fails to pay the whole or any part of the Purchase
Price or transport or other charges for any of the Goods
supplied hereunder when due and payable; or
(iv) The Customer is in breach or any other terms or condition of
sales as set out herein.
The Goods may at the Company’s option be the Manufacturer’s
standard model type and assembly currently being distributed by the
Company at the date of delivery. All non-standard assembly, associated
and other equipment, special fittings, special work and materials to
make the Goods comply with the Quotation or Order will be paid for
on delivery and in addition to the price.
Any representation, promises, statement or description by the
Company or any employee agent dealer or other person or Company
is express ly excluded, the Customer relying on his own skill and
The Customer is deemed to have accepted the Goods on delivery
which shall take pla ce at the Company’s premises within seven days
of notification of availability. Goods delivered elsewhere shall be at the
Customer’s risk and exp ense from despatch from such premises and
the Customer will indemnify the Company against any claim liability
damage or injury to or by the Goods after despatch. The Company
may resell any Goods not taken by the Customer within such seven
days and at its option deem the contr act repudiated or by subsequently
substituting other Goods treat the contract subsisting. All Goods may
be run in and tested and shall not be deemed thereby secondhand.
7. DELIVERY AND FORCE MAJEURE
Delivery dates are approximate only and no liability whatsoever is
accepted for delay from any cause whatsoever.
If for any cause or reason beyond the Company’s control including
but without limiting any act of God, war, governmental and semigovernmental
enactment priority or restriction, lock-out strike, industrial
dispute, fire, tempest, flood, failure or inability to obtain licences,
transport, labour or materials, or contingencies, hindering delivery, the
Company may extend the time for delivery or i f the Company is unable
to complete, the contract shall be voidable at the Company’s option
with no right to either party for any damage, loss, cost or expense or
8. WARRANTY AND LIMITATION OF LIABILITY
(a) The company warrants all new Goods of its manufacture to be free
from defect in material and workmanship under normal use and
service, its obligation under this warranty being limited to making
good at Company’s premises any part or parts thereof which
are returned with transportation prepaid and which examination
discloses to the Company’s satisfaction to have been thus defective.
(b) The company shall not be subject to nor incur and the Customer
releases the Company from any claim or liability (including
consequential loss or damage loss of use of profits) by reason for
delays, faulty or defective materials or workmanship, negligence or
any act matter or thing done permitted or omitted by the company.
(c) In respect of Goo ds not of the Company’s manufacture the
Customer acknowledges that he/she has inspected and accepted
the Manufacturer’s Warranty for such Goods. Such Warranty shall not
prejudice or limit the rights or immunities of the Company, the
Company’s liability being limited to representing to the
Manufacturer on behalf of the Customer such claims as appear
covered by such warranty.
9. RETURN OF GOODS
Any Goods specially cut to length or made to a firm and irrevocable
order or any Goods altered or damaged by the Customer cannot be
returned for credit under any conditions. Outward and inward freight
and transport charges are the responsibility of the Customer and if not
prepaid by the Customer will be deducted from the amount of credit.
Goods originally supplied in a special Manufacturer’s carton must be
returned in that carton in their original condition, complete with any
instruction sheets supplied.
If these Conditions of Sale (which shall only be varied, modified or
rescinded by written agreement executed by the Company) shall differ in
any respect from the Customer’s order, acceptance or confirmation then
these conditions shall prevail.