(a) Please note purchaser to arrange their own transport
(b) Deliveries are made to kerb side and it is the purchaser’s responsibility to organise the equipment unloaded and positioned into location, when possible we will assist in positioning of equipment but no responsibility will be taken at any time for damage whats so ever to plant or property.
(c) All deliveries will be quoted on depending on location and payable before the delivery date.
(d) Unless the customer has inspected the goods and given written notice to the company within seven (7) days after collection or delivery that the goods are damaged or do not comply with the relevant specifications or description, the goods are deemed to have been accepted in good order and condition
(e) There are some suppliers that do offer free delivery and you will be informed of this on order.
(f) Insurance will not be arranged unless the purchaser wishes to take out insurance at their own expense.
(g) Please note that delivery charges do not include unpacking or setting up equipment unless paid for such by the purchaser.
(h) All care is taken but no responsibility of LJ Stuart & Co Pty Ltd as we are not common carriers.
(i) Delivery charges will be added to your total purchase price and charged at time of purchase.
(j) ALL GOODS & EQUIPMENT IS SUBJECT TO AVAILABILITY & WILL BE NOTIFIED FROM DATE OF ORDER
We accept Visa, Mastercard, and EFT
(a) Props and food products are not included in the price or product
(b) Pictures are for illustration purposes only
This is accepted without any warranty or condition express or implied statutory or otherwise and no action shall be maintained or maintainable in respect of any damage alleged to have been sustained by me by reason of any defect in the equipment or its installation unless some warranty or condition is expressly contained herein justifying the action. L.J Stuart & Co Pty Ltd shall not under any circumstances be liable for any loss or damage consequential upon breach of any warranty express implied and the purchaser’s remedies are specifically limited to those appearing under the Guarantee of Performance herein after contained.
This request shall not be binding upon L.J Stuart & Co Pty Ltd until accepted in writing by the company or its agent duly authorised in writing. Acceptance in writing by any Officer authorised so to do on behalf of L.J Stuart & Co Pty Ltd at the foot of this request shall constitute acceptance by L.J Stuart & Co Pty Ltd even though uncommunicated to me. Where the context so requires any words importing the singular number shall include the plural and vice versa the words “I”, “me” and “any of our”.
Upon acceptance of this offer you will be deemed:-
(a) To have guaranteed for a period of (as shown on this order) from the date hereof at your option to replace or repair at your address above set out any part or parts of the equipment which shall be proved to your satisfaction to have been faulty or defective either in material or workmanship, and
(b) To have agreed to service the said equipment at your address above set out for a period of (as shown on sales/rental form) from the date hereof free of charge but subject to the provisions hereinafter contained.
PROVIDED THAT I shall not be entitled to any such repair, replacement and/or service which you in the absolute discretion shall decide to have become necessary due to fair wear and tear only nor to any repair, replacement or service which you in your absolute discretion may decide to have been rendered necessary through any negligence or want or care in the control or use by me of the said equipment or any part thereof AND PROVIDED FURTHER THAT the above guarantee of performance and/or service shall not apply to any part or parts of the equipment not in fact manufactured by you and shall not cease to have any effect in the event of the equipment being repaired or any other parts thereof being replaced or adjusted by any person other than your servants or agents. Refrigerant gas is not guaranteed under any circumstances. I AGREE that your liability by reason of the equipment or any part thereof being faulty or defective at any time or an only other account whatsoever shall be limited to the repair, replacement and/or service hereinbefore provided and shall not include liability for any consequential loss sustained by me by reason of any fault or defect. If you shall hereinafter at my request cause the equipment to be inspected at any place other than your said address or shall at my request effect any repairs or replacements to the equipment or any part thereof at any place other than your said address I AGREE to pay you, in addition to the cost of any part or parts so replaced and compensation for the loss of time occupied by your servants or agents in travelling to and from your said address to the place where the equipment is so inspected and/or repaired, the reasonable travelling and accommodation expenses incurred by your servants or agents in and about the journey so undertaken at my request.
PROVIDED HOWEVER THAT in the event of your decided that all such repairs and/or replacement fall within the terms of your guarantee of performance and service hereinbefore contained then and in any such event such repairs and/or replacement shall be effected free of charges to me absolutely.
Any agreement arising out of this request shall be deemed to have been entered into at the relevant place of execution and all monies payable hereunder shall be payable at the relevant office of L.J Stuart & Co Pty Ltd.
Should I countermand this request or neglect or refuse to accept delivery of the goods or if I fail to sign any Hire Purchase or any Agreement to which my signature is required by the terms hereof, I shall forfeit all monies already paid hereunder and pay to the Company, not as a penalty but as a genuine pre-estimate of the damages sustained by the company in the procurement of or manufacture of the goods or any part thereof at my request, such further, sum as with the monies already paid by me is equal to the “Deposit Payable” and a further 10 per centum of the “total Purchase Price” thereby provided.
That where indicated under “Remarks” I am desirous of obtaining the goods on hire and at or before time of delivery I will enter or offer to enter a Hire Purchase or Lease Agreement relative to the above goods with such person, Company or Corporation as you nominate and such agreement to contain the conditions and provisions for the time being in use by such person, Company or Corporation as aforesaid and shall be upon the terms as indicated.
In the event of a Hire Purchase/Lease Agreement or offer to Hire/Lease executed by me pursuant to Clause 7 hereof not being accepted by the person, Company or Corporation to whom it is addressed I will at all times on request from you enter or offer to enter into any further Hire Purchase/Lease Agreement which you may submit with some other person, Company or Corporation in substitution for the one unaccepted containing the same conditions and provisions as provided for in Clause 7 hereof.
That where the request thereof is completed the Total Purchase Price herein set forth is payable in cash on receipt by me of notification of acceptance of this order (if the price be not already tendered and paid)
Until the agreed purchase price is paid in full and I have otherwise performed and observed all my obligations hereunder and or as specified herein I shall have no ownership, property or rights in the goods and I shall, if possessed of the same, be bailee thereof only.
Notwithstanding your acceptance of the request the price specification shall be subject to alteration by you, but in that event you are to advise me of such alteration before delivery of the goods to me and I thereupon to have the option of cancelling this request by written notice to you (to be give within 7 days thereafter) if the revised price is not acceptable to me.
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