Terms and Conditions of Sale
When these Terms are in force
These terms apply whenever goods or services are quoted for, sold, supplied or delivered by Hilands to a customer.
Requesting or accepting a quotation from, placing an order with or accepting a supply or delivery of goods or services from Hilands by a customer constitutes acceptance by the Customer of these Terms.
To the extent permitted by Law, it is a condition of the quotation, sale, supply and delivery of goods and services by Hilands to a customer that the customer accept that these terms apply as provided in Clause 1, regardless of the provisions of any other document or instruction of the customer, including any purchase order terms subsequently given to Hilands by the customer.
Where Hilands and a customer enter into a supply agreement for goods or services, these terms shall continue to apply to the extent they are not inconsistent with the terms of the supply agreement.
Conditions of Quotation or ordering
The Customer warrants that:
The customer will provide all relevant information i.e. volumes and ppg densities to Hilands when seeking a quotation or placing an order for goods or services from Hilands
Any relevant information supplied by the customer to Hilands is accurate and complete;
In giving any quotation, accepting any order or supplying or delivering any goods or services, Hilands will be entitled, for all purposes, to rely upon the accuracy and completeness of any Relevant Information provided by the Customer;
Subject to any Law to the contrary, unless Hilands makes an express representation to the contrary in writing, the customer will not allege or in any circumstances maintain
that Hilands had, or should be taken to have, approved of or represented any specification (whether supplied by the customer, by Hilands or by a third party) as being suitable for any particular purpose; or
that Hilands is liable for any Loss to the extent that the Loss results from or is attributable to any defects in, or unsuitability of, the specification;
The customer has formed its own opinion as to the correctness or otherwise of any information or advice provided by or any representation made by Hilands (including as to product design and application) in connection with any goods or services quoted for, ordered from or supplied or delivered by Hilands and does not rely on Hilands in respect of such information, advice or representation or maintain or allege that it has so relied; and
Testing of slurry/grout or other technical services will not necessarily be carried out or provided, unless ordered by the customer.
Delivery of Goods
The customer shall take full responsibility for assessing any requirements for site access associated with a delivery to the customer.
If the Customer disagrees with any of the details on the Delivery Docket or if there is a difference between the Goods as delivered, the description or quantity of the Goods appearing on the Delivery Docket or the Goods Ordered, then the Customer must elect whether to accept or reject the Goods in whole or in part, and, thereafter:
if the customer accepts all or some of the goods, the customer will be taken to have ordered what is delivered.
if the customer rejects all or some of the goods, the customer shall record in writing on the delivery docket details sufficient to accurately identify the nature of such disagreement or difference before the delivery vehicle departs from the Delivery address.
If the customer accepts the goods then:
After delivering the goods, Hilands shall complete the then relevant delivery details on the delivery docket and the customer shall sign the delivery docket;
All details displayed on the Delivery Docket are a minimum quantity as ordered by the customer. An oversupply variance may apply.
Details displayed in cement powder ordered and water ordered sections in Hilands delivery dockets are minimum quantities and to effect delivery, Hilands reserves the right for consideration of volumes and ppg densities to adjust the quantities for correct volumes and ppg densities.
The amount payable by the customer to Hilands shall be calculated by reference to the quantities of goods and services shown on the relevant delivery docket, at the applicable rate, plus any applicable delivery fee and waiting times.
Each amount payable by the customer under these terms in respect of a taxable supply is exclusive of GST and the customer must include GST to effect total payment.
Special conditions for grout/slurry supplied by Hilands
Unless otherwise agreed in writing by Hilands and the customer, pre-mixed grout/slurries will comply generally with customer prescribed ppg densities and will contain materials of Hilands choice,
Hilands shall not be liable in any circumstances for any Loss arising from any alleged defect, non-conformity or failure in any slurry delivered, caused by, contributed to or arising from:
preparing, handling, placing, working, storage, curing, pumping, or guidelines applying to the work.
the addition, without the written instructions of a representative of Hilands other than the driver, of any water, admixtures, additives or other material to the grout/slurry:
prior to delivery commencing:
by the customer or a third party; or
by Hilands at the request or specification of the customer or a third party; or
after delivery has commenced (either before or after discharge from the delivery vehicle):
by the customer or a third party; or
by the delivery vehicle driver on the instruction of the customer or a third party;
The effect of any weather conditions or temperature including heat, cold, rain, wind or hail; or
Any act or omission (including construction or site practices) of the customer or a third party
If the customer fails whatsoever or howsoever to comply with any of these terms, Hilands shall have the right at its option to suspend further performance of its obligations to the customer.
To the maximum extent permitted by Law, the customer indemnifies Hilands against any Loss to the extent the same was caused or contributed to by any negligent or wilful act or omission of, or any breach of or failure to comply with these terms by, the customer.
In the event that there is failure to deliver or any time delay in delivery due to any cause whatsoever beyond Hilands control including weather, fire, labour dispute, strike, road conditions or due to the inability of Hilands to obtain raw materials in a timely fashion from Hilands planned source (whether or not such source is known to the customer):
Hilands will not be liable for any Loss sustained by reason of any such failure or delay; and
Hilands will be entitled to suspend deliveries for such period as it may think fit or terminate the agreement immediately after suspending deliveries and shall not be liable for any loss sustained by reason of such suspension or termination.
To the extent permitted by Law, the actions or signatures of any person appearing to have the customer’s authority shall bind the customer.
If the whole or any part of a provision of these terms is unenforceable, the provision (or part thereof, as the case may be) is to be read down so as to be enforceable, and if it cannot be so read down, severed to the extent necessary to make these terms enforceable.
These terms are governed by and are to be construed in accordance with the Laws of the State or Territory of Australia in which the goods are delivered or the services supplied;
These terms are not to be interpreted against the interests of a party because that party proposed these terms or some provision of it or because that party relies on a provision of these terms to protect itself.