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

Customers account.


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

creditor; or

(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.


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



(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.


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.