CHTAA STANDARD CONDITIONS OF BUSINESS
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CHTAA STANDARD CONDITONS OF BUSINESS (Short form)
- The Company and the Customer agree to be bound by these CHTAA Standard Conditions of Business to the exclusion of any other conditions unless agreed in writing and signed by an Officer of the Company.
- The Customer acknowledges and accepts that the Treatment carries inherent risks to the Goods including, but not limited to, cracking, distortion, failure to respond, segregation, grain growth, melting and variation in surface finish dependent upon such factors as material composition, hardenability, sizes and sections and manufacturing history including prior heat treatment. The Customer accepts that the Company is not liable in any way to the Customer or to any other person for any loss or damage of any kind that is directly or indirectly caused by or result from the Treatment and the Customer acknowledges that the Customer enters into this Agreement on that basis and accepting these terms and conditions are reasonable in the circumstances.
- After examination of samples of the Goods or upon receipt of the Goods, the Company has the right to amend the Quotation or decline to accept the Goods for the Treatment or to cancel this Agreement without liability to the Customer.
- The Company may by giving notice to the Customer at any time up to receipt of the Goods by the Company for the Treatment increase any price quoted to reflect any increase in the costs of the Treatment which are due to an increase in the cost of labour, materials, manufacturing and/or transport costs or the imposition, introduction or increase of levies or taxes to which the Company is subject.
- The price for the Treatment including GST shall be paid in full without any deduction by way of set-off, counterclaim or otherwise and received by the Company within 30 days of it rendering an invoice to the Customer or as agreed by the Company and the Customer.
- If the Customer defaults in the payment of any money payable under this Agreement, or any other agreement between the Company and the Customer then the Company may charge interest on the amount outstanding at the Prescribed Rate, calculated from and including the date on which the payment became due until but excluding the date on which the payment is made, which interest is payable on the Company making written demand.
- The Company shall have a lien on all the Goods and such lien shall be exercisable in respect of all sums due from the Customer to the Company.
- Unless the Agreement expressly states the contrary, risk of damage or loss to the Goods shall at all times (including whilst they remain at the Premises and during transportation to and from the Premises) remain at the Customer’s entire risk who shall be responsible and affecting and maintaining to its own insurance cover in respect thereto. The Customer acknowledges that it shall insure the Goods in transit irrespective of the means of transportation used. The Customer is responsible in all cases for unloading the delivery vehicle and shall be responsible for all loss of or damage to the Goods during the course of unloading.
- The Company is not liable to the Customer or to any other person for:
- any loss or damage of any kind that is directly or indirectly caused by or results from any wrongful, wilful or negligent act or omission of the Customer or any of its officers, employees, agents or contractors; or
- any indirect, incidental, special or consequential damage, including loss of profits or anticipated profits whether caused by or in relation to breach of contract, statute, tort (including negligence) or otherwise, even if notified of the possibility of that potential loss or damage.
- Any representation, warranty, condition or undertaking that would be implied in this Agreement by legislation, common law, equity, trade, customer or usage is excluded to the fullest extent permitted by Law.
- To the fullest extent permitted by Law, the liability of the Company for a breach of a non excludable condition or warranty is limited, at the Company’s option, to:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
- The Customer shall indemnify and keep the Company indemnified from and against any liability of any kind to any third party howsoever arising in respect of or in connection with:
- any defect in the Goods;
- any inadequate or inaccurate instructions information specifications drawings or technical descriptions given by the Customer its employees or agents relating to the Treatment of the Goods;
- any defect in the Customer’s title to the Goods or authority to contract with the Company for the Treatment of the Goods; and/or
- any loss injury or damage of any kind (whether direct indirect or otherwise and including but not limited to any loss of profit and/or any incidental consequential or special loss or damage of any description) arising out of in respect of or in connection with the supply of the Goods or their use or resale
Any delivery dates given in the Quotation, Acknowledgment or otherwise by the Company shall be estimates only and shall not constitute essential terms of the Agreement. Any delay in completing the Treatment shall not constitute a breach of contract entitling the Customer to terminate.