In all clauses and statements made for and on behalf of RKW Petroserve Pty Ltd, the use of the abbreviation RKW-PS. is to mean RKW Petroserve Pty Ltd.

General

This quotation constitutes the offer by RKW-PS. to supply to the purchaser the goods and services described herein upon the terms and conditions set out hereunder.

Law

All questions arising in connection with this quotation and subsequent agreement shall be governed by the laws of the State of Victoria Australia.

Title

Title and the property in the goods shall remain vested in RKW-PS. until the purchase price has been paid in full. Upon default in the payment of any part of the purchase price or if the purchaser goes into liquidation or has a receiver appointed to any of its assets or if an encumbrancer takes possession of any of its assets RKW-PS. shall have the right to take possession of the goods and to remove the same from wherever they are situated without legal process and without hindrance. Should the goods become constituents of or be converted into other products before title and property in the goods passes to the purchaser RKW-PS.'s ownership shall extend to those other products. Notwithstanding the above the purchaser hereby indemnifies RKW-PS. in respect of all loss and damage.

Price

All prices are ex works unless otherwise stated. This quotation is based on awards, statutes, rates of exchange, customs duty and international freight charges as at the date of this quotation. Variations will be charged or allowed as the case may be to the purchaser’s account unless a fixed price has been stated in writing on this quotation.

Terms of Payment

Unless otherwise stated the purchase price is payable as follows – 30% deposit with order, balance in full upon delivery of the goods ex works. A payment history of cash sales on a regular basis is required by RKW-PS. prior to any Credit Application for an account being considered. All overdue accounts will be subject to additional interest charge, at such rate or rates as RKW-PS.'s banks may charge upon come-and-go overdraft rates or facilities for comparable accounts.

Tax

All taxes, Sales taxes and other government imposts are payable by the purchaser unless otherwise shown. Transport and Insurance Unless otherwise stated the agreement is for supply ex works and transport costs and transport insurance are the responsibility of the purchaser.

Delivery

Delivery dates are quoted to assist you and are based on commitments at the time of quotation. RKW-PS. reserves the right to revise delivery dates at any time. RKW-PS. shall not be responsible for delays in manufacture or delivery for causes beyond the reasonable control of RKW-PS. The purchaser shall not be relieved of any obligation to accept or pay for goods by reason of any delay in manufacture or delivery. Point of delivery unless otherwise stated is ex works Airport West Victoria .

On Site Works

RKW-PS. will be responsible for workers compensation insurance in respect of its employees and sub contractors. All other site insurable risks are to be the responsibility of the purchaser. If RKW-PS. cannot have access to site works on agreed dates due to suspension of site work or the progress of site works falling behind schedule the purchaser shall be responsible for the resultant additional costs incurred by RKW-PS. Back Charges RKW-PS. will not accept any charges for work carried out by third parties on goods supplied by I.C. unless that work together with its estimated costs is first approved in writing by RKW-PS.

Warranty & Liability

1. These terms and conditions shall not exclude, limit, restrict or modify the rights, entitlements and remedies conferred upon the purchaser or the liabilities imposed upon RKW-PS. by any Commonwealth State or Territory legislation which makes it unlawful to render void or to exclude, limit, restrict or modify such rights entitlements, remedies or liabilities as the case may be.
2. RKW-PS. shall not be liable for any special indirect or consequential damages or losses incurred or suffered by the purchaser in connection with the performance or non performance of any order or contract for which the goods may be required whether specifically bought to RKW-PS.'s attention or otherwise.
3. Provided the terms of payment are duly complied with by the purchaser, RKW-PS. undertakes to remedy with reasonable despatch any original defects in any goods manufactured by RKW-PS. arising from faulty workmanship or materials which are notified to RKW-PS. in writing within the warranty period. In the case of goods not of RKW-PS. manufacture, RKW-PS. shall endeavour to secure for the purchaser the benefit of any warranty given to RKW-PS. in respect thereof provided always that in no case shall RKW-PS. be liable for the cost of removing, fitting, or replacing such goods and that goods replaced shall become RKW-PS. property. This warranty is limited to the replacement and the repair of the fault at the factory where it was made and does not cover the cost of shipment to or from the factory or any damage to other property or consequential loss which may have occurred due to the failure of the faulty part nor the cost of removing the faulty part from any machine or building in which it is installed and/or replacing it therein. If defective parts are replaced or repaired by any person other than RKW-PS. employees or persons previously authorised by RKW-PS. in writing RKW-PS. accepts no responsibility for such nor the cost thereof. All claims under this warranty must be given in writing as soon as the purchaser has knowledge or suspicion of any defect.
4. Unless specifically agreed otherwise in writing the warranty period is for (6) months after delivery ex works.
5. Unless the goods supplied by RKW-PS. are of a kind ordinarily acquired for personal, domestic or household use or consumption, RKW-PS.'s liability pursuant to (a) above for breach of any non excludable condition or warranty shall be limited to the replacement of the goods or the supply of equivalent goods or the payment of the cost of having the goods repaired.
6. Unless specifically agreed otherwise in writing RKW-PS. makes no representation or warranty as to the performance capabilities or characteristics of the goods.
7. This warranty is voidable at the option of RKW-PS. in the event of failure by the purchaser to service and maintain the goods in accordance with instructions furnished by RKW-PS. and/or the manufacturer of parts or components as the case may be or of failure by the purchaser to operate or use the goods in accordance with instructions or manuals furnished by RKW-PS. or if the purchaser shall wilfully abuse or recklessly mistreat the goods at any time.

Force Majeure

Failure by RKW-PS. to observe the terms of the contract arising from causes beyond RKW-PS. control shall not be deemed a breech of contract. Without limiting the generality of this condition the following shall be deemed to be causes beyond the reasonable control of RKW-PS.: Strikes, lockouts, shortage of labour, civil commotion, riots, war, threat or preparation for war, breaking off of diplomatic relations, fire, explosion, sabotage, storm, flood, earthquake, fog, subsidence, pestilence or epidemics, machinery breakdown, failure of plant or collapse of structures, voluntary or mandatory compliance with any direction, request or order of any person having or appearing to have authority whether for defence or other government or national purpose or any requisition for materials or services apparently or stated to be for the purpose of defence, inability to obtain suitable raw material, equipment, fuel power or components or transportation.

Trade Marks

All trade marks, industrial designs, patents and copyrights associated and used in connection with the goods and their operation are and remain the property of RKW-PS. and the purchaser shall in no event sell, lease, license or allow any other party access to the use of the goods, equipment or materials supplied by RKW-PS. for the purpose of reproduction use or other means or exploitation of such trade marks, industrial designs, patents, copyrights without the written permission of RKW-PS. Drawings etc All proposals, technical drawings, specifications and technical documents pertaining to the manufacture of the goods or any part thereof submitted to the purchaser or the receiver of the tender remain the exclusive property of RKW-PS. and may not without RKW-PS.'s written consent be utilised or copied or reproduced or communicated to a third party by the purchaser or the receiver of the tender. All illustrations, drawings etc, issued by RKW-PS. or contained in RKW-PS. catalogues, price lists, advertisements, or any other publications must be regarded as approximate representations only with respect to any weights, measurements, operating pressures or capacities. All particulars of goods contained therein are offered by RKW-PS. in good faith as being approximately correct and no responsibility can be accepted for their accuracy except where specified. RKW-PS. reserves the right to substantially redesign or modify the goods and any components and particulars thereof at any time.

Right to Cancel

In the case of death, incapacity, insolvency or bankruptcy or dissolution or modification of partnership, suspension of payment of debts or failure to make payment on the due date or if in the case of a limited liability company there is insolvency, liquidation or the appointment of a receiver, RKW-PS. may at its option cancel this and every other contract made with the purchaser or suspend or continue the manufacture, and/or delivery of the goods, without affecting its right to recover the full extent of any loss directly or indirectly sustained. The purchaser will have no right to cancel the contract except with the express written agreement of RKW-PS. and then only on the terms and conditions and proviso which RKW-PS. may in its sole discretion stipulate. RKW-PS. may retain part or all of any deposits received in the event of a clients failure to complete a contract.

Lien

In addition to any lien which RKW-PS. may by statute or otherwise be entitled RKW-PS. shall in the event of the purchaser's default in any payment due to RKW-PS. insolvency, bankruptcy, or winding up be entitled to a general lien on all property or goods of the purchaser in RKW-PS. possession (whether such goods are beneficially owned by the purchaser or otherwise) for the unpaid price of these goods or any other goods supplied or to be supplied by RKW-PS. under this or any other contract.

Insurance

The purchaser will become fully responsible for the goods, and any insurance requirements immediately upon the first of the following occurrences:

1. The purchase price is fully paid.
2. On delivery of the goods to the purchaser or duly appointed agent of the purchaser.
3. Such responsibility will apply in respect to the purchaser, to any goods or machines or vehicles which RKW-PS. agrees to store or garage for the purchaser.

Richard Lawrence
Managing Director
For and on behalf of
RKW Petroserve Pty Ltd.