Standard Terms &
Conditions
Our policy is one of continuous improvement and we reserve the right to change specifications or equipment at any time without incurring obligation to incorporate such improvements in any machine previously supplied.
Terms & Conditions of Sale
Scope: All goods and services (“Products”) supplied by Australian Diversified Engineering Pty Ltd (“ADE”) are supplied on these terms and conditions of sale (see below).
Order Acceptance: No order shall be binding on ADE until accepted by ADE. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by ADE of an order from the Customer. ADE reserves the right to accept any order in whole or in part. Where ADE makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied without approval by ADE.
Payment Terms: All credit orders are accepted by ADE subject to satisfactory credit approval of the Customer, and are governed by ADE’s credit terms and conditions in force at the time of order placement, including the right to charge interest. Credit approval once granted may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products or Services supplied is required on delivery. Where credit has been granted, payment for the Products or Services is to be made on or before 30 days from the date of invoice, or 30 days from the date of a consolidated monthly statement, whichever is the earlier. Payment must be made in full without set off or deduction. ADE will investigate any disputed amounts, and if resolved in favour of the Customer, a credit will be issued to the Customer. An order invoice will be generated at time of despatch from our works. For orders requiring a deposit, a deposit invoice will be generated at time of receiving of the Customer purchase order with invoice payment terms as per the ADE supplied quote.
Title to Products: Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to ADE. Risk in the Products will pass on delivery to the Customer. Delivery may not be refused by the Customer. The Customer grants to ADE, its agents and servants, leave and licence to enter at any time on and into any premises occupied by the Customer to inspect, search for or remove any of the Products. If the Products are sold by the Customer, the Customer acknowledges that such sale is made by the Customer as bailee for and on behalf of ADE, to hold the proceeds of sale on trust for ADE, in an account in the name of ADE, until payment in full for the Products is made to ADE.
Delivery
ADE reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by ADE.
A handling fee may be incurred on all orders.
Returns
When returning products to ADE for warranty a RMA (Return Material Authority) must be completed and an RMA number obtained from ADE.
Products must be returned to ADE within 10 days of receipt of the RMA number. Returns made without an RMA number will be refused.
You are responsible for shipping charges and risk of loss on all return shipments. You must use a reputable shipping carrier capable of providing proof of delivery. You are responsible for properly packing and insuring the return shipment.
Upon receipt of returned product(s), ADE will inspect the products to determine validity of the warranty claim. In the event of a successful warranty claim ADE in our sole discretion either replace or repair the faulty product at no charge to the customer.
In the event of an unsuccessful warranty claim due to abuse, misuse, negligence or any other breach of our warranty policy a quote for repairs will be provided and/or the product will be returned to the customer at their own expense and risk.
To obtain a replacement product immediately before a warranty claim has been processed; the product must first be ordered through a standard purchase order agreement in accordance with your company’s accounts and terms or secured against a credit card. In the event of a successful warranty claim this order will be fully credited for the warranty amount. Immediate delivery of replacement products can not be guaranteed due to available stock and manufacturing delays.
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To obtain an RMA form and an RMA number:
Go to our website: www.ade.net.au/rma
Email: rma@ade.net.au
Call: 61 7 3863 5800
Credit: All made to order items are strictly non-returnable unless prior arrangement has been made with an authorised ADE
representative.
Credit will be given to all normally stocked parts returned within thirty (30) days of invoice providing items are in completely as new re-saleable condition.
A 3.5% handling and restocking charge will apply to all returns.
Non-stocked items specifically ordered to meet customer requirements must be authorised to return for credit by an appropriate ADE representative and will be subject to a 10% handling charge.
All parts whether stocked or non-stocked will not be accepted for credit after thirty (30) days from date of sales invoice.
Credit will be given only if a copy of our original invoice or packing slip accompanies the goods being returned.
All procurement costs including freight costs incurred in original procurement of the goods are to the customer’s account.
All freight costs incurred in the return of the goods for credit are to the customer’s account.
All goods are returned at customer’s risk.
It is the customer’s responsibility to arrange insurance cover for goods during return transportation, if required.
Items with a value of less than $10.00 are not acceptable for credit return.
Warranty
Australian Diversified Engineering Pty Ltd (ADE) warrants its products to be free from defects in material and workmanship.
Its obligations and liability under this warranty being limited to replacing or repairing free of charge at its factory or an approved worksite, any parts proving defective in materials or workmanship for a period of twelve (12) calendar months from date of commissioning and not exceeding eighteen (18) calendar months from date of despatch from our works but does not include any installation or transportation costs. Further such warranty will be carried out within standard day shift working hours, Monday to Friday inclusive. Additional costs incurred in carrying out approved warranty repairs outside of this time period will be to client’s expense.
ADE will repair or replace at ADE’s option, any new replacement parts purchased from ADE that are not supplied under a warranty, and proves defective in material or workmanship within ninety days from the date of delivery to the initial user. Should warranty repairs be required all work to be carried out in normal working hours.
This Warranty is in lieu of all other warranties expressed or implied, and ADE shall not be liable for any consequential loss or damages. This warranty covers only items manufactured by ADE, the products of other companies and trade accessories are covered by such warranties as are given by the respective manufacturers.
No warranty of any kind is made or shall be imposed, with respect to:
1. The Products that have been subject to operation in excess of recommended capacities, misuse, negligence or accident, or have been altered or repaired in an unauthorized manner, or using other than approved parts.
2. Accessory items, attachments, tools or implements not produced by ADE.
3. A product that has been used with an implement, attachment, accessory or equipment that created an excessive work load or stress upon a product or any part or component thereof.
4. Any liability whether in contract, tort or strict liability arising out of warranties or representations, or defects from any cause, shall be limited exclusively to the repair or replacement of parts under the conditions aforesaid. ADE is not responsible for direct or indirect, accidental or consequential damages or loss of use for any reason, including but not limited to, economic losses or other business expenses or costs resulting from a Warrantable failure.
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Our policy is one of continuous improvement and we reserve the right to change specifications or equipment at any time without incurring obligation to incorporate such improvements in any machine previously supplied.
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Conflicts: These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer’s order. In the event of any inconsistency, ADE will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. ADE reserves the right to change these Terms and Conditions at any time.
GST: ADE reserves the right to recover from the Customer all goods and services tax (“GST”) payable in respect of the supply of goods and services to the Customer.
Jurisdiction: These terms and conditions are governed by and will be construed in accordance with the laws of Queensland, and the parties agree to submit to the jurisdiction of the courts of that state.
No Waiver: The failure by ADE to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.