Terms and Conditions: General
The purchaser agrees with Galvin Engineering Pty Ltd on behalf of himself/herself and as agent for all persons who have or may acquire any proprietary, possessory or other rights in respect of goods, to be bound by the terms of these conditions and warrants that it has the authority of all such persons to contract and to agree as follows.
Retention of Title
- 1.1 – It is expressly agreed that ownership to the goods shall not pass to the purchaser until the purchaser pays all monies owing to Galvin Engineering Pty Ltd in respect of the goods.
- 1.2 – Until full payment is made by the purchaser for the goods, the purchaser shall take custody of the goods and retain them as the bailee and fiduciary agent of Galvin Engineering Pty Ltd. The purchaser must store the goods in such a way that they can be separately identified from other goods until payment in full of the purchase price.
- 1.3 – Galvin Engineering Pty Ltd is entitled to enter the premises of the purchaser for the purposes of taking possession of such of the goods in respect of which payment is overdue.
- 1.4 – The purchaser may as a fiduciary agent of Galvin Engineering Pty Ltd only, sell to a third party goods in respect of which payment has not been made. Any right to bind Galvin Engineering Pty Ltd to any liabilities to any third party by contract or otherwise is however expressly negatived.
- 1.5 – The purchaser will receive all proceeds whether tangible or intangible, direct or indirect of any dealing with such goods in trust for Galvin Engineering Pty Ltd and will keep such proceeds in a separate account until the liability to Galvin Engineering Pty Ltd shall have been discharged.
- 2.1 – Under no circumstances will Galvin Engineering Pty Ltd be responsible for any loss, damage or injury of whatever nature (either actual or contingent) suffered by a purchaser arising from any products or services provided by Galvin Engineering Pty Ltd.
- 3.1 – The purchaser warrants that an inspection of the said goods has been completed.
Accordingly the purchaser provides the following warranties;
- (i) The goods fit the mass, quantity and any other requirements of the purchaser; and
- (ii) That any packing, labelling, handling , loading, stowage or unloading completed by Galvin Engineering Pty Ltd has been done in a reasonable manner.
Terms and Conditions: Forklift and Crane Attachments
- 1 – Galvin Engineering (GE) forklift and crane attachments are to be used only as indicated. Misuse or misapplication may cause failure resulting in possible property damage or bodily injury.
- 2 – It is the obligation of the user to ensure GE forklift and crane attachments are used in accordance with appropriate Codes and System requirements.
- 3 – All liability for GE forklift and crane attachments performance is disclaimed and the warranty will be voided if any of the following conditions exist:
- 3.1 – The forklift or crane attachment is used beyond the published or stated rate load limit. Note all ratings are for static conditions and do not account for dynamic loading such as wind, water or seismic loads
- 3.2 – The forklift or crane attachment is not properly installed as per published or stated instructions
- 3.3 – The loading to the forklift or crane attachments is not vertical
- 3.4 – The forklift or crane attachment is deformed or stressed in any way during fitting or installation
- 3.5 – The forklift or crane attachment is used in a corrosive environment
- 4 – All safety regulations required by the user must be observed.
- 5 – GE forklift and crane attachments, at the time of dispatch are warranted to be free of defects in material or workmanship. NO OTHER WARRANTY EXPRESSED OR IMPLIED SHALL EXIST IN CONNECTION WITH THE SALE OR USE OF GE FORKLIFT AND CRANE ATTACHMENTS. Claims for errors, shortages, defects or non-conformities ascertainable upon inspection must be made in writing within 15 days after buyer’s receipt of products. All other claims must be made to GE within 12 months. Products claimed nonconforming or defective must upon GE’s request promptly be returned for inspection. Claims not made as provided above and within the applicable time period will be barred. GE shall in no event be responsible if the forklift or crane attachment have not been used in accordance with the specifications and/or recommended procedures. GE will, at its option either repair or replace nonconforming or defective products for which it is responsible or return to buyer their purchase price. The foregoing states buyer’s exclusive remedy for any breach of GE warranty and for any claim, whether sounding in contracts, tort or negligence for loss or injury caused by the sale or use of any product. Without limiting the generality of the foregoing GE shall in no way be responsible for any loss of business or profits, downtime or delay, labour, repair or material cost or any similar or dissimilar consequential loss or damage incurred by the Buyer.
- 6 – Examine goods immediately upon receipt and advise any damage or shortage to carriers and ourselves within 15 days, otherwise no claim whatever will be considered. Provided advice is given within the prescribed time, we will make good any shortage and will repair or replace free of charge goods damaged in transit where we are responsible for delivery of the goods.
- 7 – Returning of goods within 2 months of the GE dispatch date, will be accepted only upon issue of a Return Goods Form (RGF). Goods must be unused and undamaged, restocking fees may apply. Special builds and freight charges are non refundable. Return freight arrangements, including costs, cannot be reclaimed on GE. Goods outside this period will not be considered for return.
- 8 – Galvin Engineering reserves the right to alter specifications, designs and price without notification.