TERMS AND CONDITIONS
AUSTRALASIAN MAINTENANCE SOLUTIONS PTY LTD
TERMS AND CONDITIONS OF SALE AND QUOTATION
EFFECTIVE AS AT 1ST January 2004
(1) ‘AMS’ means Australasian Maintenance Solutions.
(2) ‘Customer’ means the person(s) or Body(ies) corporate to whom
these terms and conditions are directed.
(3) ‘Goods’ means all goods ordered from Australasian Maintenance
Solutions by the customer.
(4) ‘Terms’ means these terms and conditions of sale.
(5) ‘Claim’ means any claim, action, proceeding, loss, damage,
cost, expense or liability what so ever incurred or suffered by or
brought or made or recovered against any person and however arising
(whether or not presently ascertained, immediate, future or
(6) Nothing in these conditions shall be read or applied so as to
exclude, restrict or modify or have the effect of excluding,
restricting or modifying any conditions, guarantee, right or remedy
implied by law (including the Trade Practices Act 1974) and which
by law cannot be excluded, restricted or modified.
Particulars of goods to be supplied are subject to confirmation
by Australasian Maintenance Solutions on receipt of orders or the
acceptance of the quotation herein as to the goods referred to
still being available or procurable for the execution of the order
or acceptance at that time.
Prices of goods are subject to an adjustment for increases in
prices by the manufacture or supplier at the date of dispatch: an
adjustment for increase caused by any Price Regulation (if any)
then in force, an adjustment for increases of imported goods caused
by varying rates of Exchange, Customs and other duties, or for any
other reason which may cause an adjustment for increase in
3. Return of Goods:
Goods will not be accepted for credit unless prior approval is
given in writing and returned within 7 days of invoice date.
Returned goods will be in an unused, undamaged and resaleable
condition in original packing and returned at the purchaser’s
expense. A 20% restocking fee will be chargeable and deducted from
the credit amount. Items manufactured and or modified to specific
requirements of purchaser are not returnable. Australasian
Maintenance Solutions will not accept return of those items or
allow credit to the purchaser.
4. Passing Risk:
Risk in the goods supplied by Australasian Maintenance Solutions
shall pass to the customer upon delivery of the goods to the
customer or when collected by the customers agent or courier. The
customer shall fully insure the goods to their full value upon the
passing of risk and until the title of goods passes when full
payment for the goods are made. The customer shall hold the goods
as bailee but shall not be entitled to receive any remuneration in
respect of the bailment.
5. Acceptance of goods:
Claims for damaged goods or short supply shall be made within 7
days of collection or receival of goods. No claims will be
recognised after this period unless agreed in writing.
6. Retention of Title:
Title in the goods shall not pass to the customer until payment
is made in full to Australasian Maintenance Solutions
Australasian Maintenance Solutions reserves the following rights in
relation to all goods until all debts/money owed by the customer to
Australasian Maintenance Solutions in respect of the goods have
been paid in full.
(a) Legal ownership of the goods
(b) To enter the customer’s premises (or the premises of any
associated company or agent where the goods are located without
liability for trespass or any resulting damage) and take possession
of the goods.
7. Product Liability:
Australasian Maintenance Solutions shall not be liable in
respect of any claim caused by or arising out of the use of the
goods except in so far as the same may be imposed upon it or
implied into the transaction by any statute, the provisions of
which cannot be excluded by these terms. Australasian Maintenance
Solutions will not be liable for direct or indirect consequential
loss or damage arising out of the use of the goods. Australasian
Maintenance Solutions expressly disclaim responsibility for goods
supplied or manufactured by it that;
1. Are damaged by not being installed in accordance with the
product installation and maintenance instructions and accepted
codes of good practice.
2. Are damaged by the equipment being used for applications other
than those which they are designed or recommended for.
3. Are damaged by accident or when used beyond the recommended
range of performance.
The purchaser shall not cancel an order without consent in
writing and on terms that indemnify Australasian Maintenance
Solutions against all loses. Australasian Maintenance Solutions
reserves the right to cancel the order to supply goods and services
if it finds fulfilment of the order is impossible within a
reasonable period of time due to strikes, war, terrorism or any
other incident of force majeure beyond Australasian Maintenance
Solutions’ control. Australasian Maintenance Solutions shall not be
held responsible for delayed or faulty delivery of products from
suppliers and shall not be Liable to pay damages to the
Payment is to be made in full, either in cash, by cheque or
bankcard upon collection of goods, or as arranged prior to
collection or despatch
from Australasian Maintenance Solutions warehouse.
Approved account customers. (Payment for goods and services are to
be made within 30 days of the date of the invoice).
Australasian Maintenance Solutions reserve the right to commence
recovery action on any overdue amount without notice to the
customer and all cost related to such recovery shall be paid by the
Unless specifically nominated on our quotation to supply goods
and services, delivery is quoted as FOT (free on transport) from
Store. The delivery date quoted is an estimate only based upon
information available at the time of quotation and Australasian
Maintenance Solutions Shall not be liable for any loss or damage or
delay occasioned to the customer arising from late or
1. Australasian Maintenance Solutions’ warranty covers faulty
workmanship, product and material defect and does not cover misuse,
modified or wear and tear.
2. Any product supplied that has not been manufactured by
Australasian Maintenance Solutions shall be subject to the specific
warranty terms of the manufacturer.
3. Australasian Maintenance Solutions will not accept liability for
the cost of disassembly, assembly or installation.
4. All freight, insurance and handling costs must be pre paid by
the customer prior to returning goods for warranty assessment.
5. Australasian Maintenance Solutions liability is limited to
replacement of the item or refund of the price.
Applicable Law These terms are governed by and shall be construed
in accordance with the laws in force in South Australia and the
customer submit to the non-exclusive jurisdiction of the courts of
that State an respect of all proceedings arising out of or in
connection with these Terms