FUEL TANK AND PIPE PTY LTD (FTP)

GENERAL TERMS AND CONDITIONS

FOR PURCHASE ORDERS

 

Order Price

The order price is inclusive of all costs incurred by the Supplier in the supply of the goods and/or performance of the services including all taxes and amounts payable for the use of any intellectual property rights.

Variations

No variations, including price, time or specifications, will be accepted unless the Supplier has acceptance of the variation in writing from FTP.

Terms of Payment

Payment will be made only on a correctly rendered tax invoice. Invoices which fail to correctly quote a Purchase Order Number or are otherwise incorrect may be returned unpaid. Payment is due 30 days from receipt of invoices, acceptance of goods or completion of services, whichever is later.

Delivery of Goods

All goods are to be delivered at the time and place detailed in the Purchase Order. Delivery will be Free Into Store unless otherwise specified. All goods must be suitably packed at the Supplier’s expense to ensure delivery in good order and condition.

Title and Risk

Risk of loss and damage to goods and titles shall pass to FTP on acceptance by FTP.

Hazardous Materials

The Supplier shall provide material safety data sheets for any hazardous substances to be supplied under this Purchase Order.

Time for Performance of Services

FTP reserves the right to decline goods and services after the specified date unless extension of time is granted.

Specifications

All goods and/or services supplied against the Purchase Order shall conform to any specifications and descriptions set out in the Purchase Order, be of merchantable quality, be free from defects in materials and workmanship and be fit for purpose. All goods and/or materials supplied shall be new and unused unless otherwise specified pursuant to the Purchase Order.

Indemnity – Intellectual Property Rights

The Supplier indemnifies FTP against all loss, damage or expense arising in respect of any intellectual property rights by reason of the purchase, possession or use of the goods or receipt of the services.

Inspection, Acceptance & Warranty

All goods and/or services are subject to check and inspection within seven days of delivery unless otherwise agreed. If upon inspection, or during any warranty period, (if no warranty period is specified then it shall be 24 months from the date of delivery),  the goods or services are found to be not in accordance with the Purchase Order or are damaged, deficient, faulty, inadequate or incomplete, FTP may:

(a) return the defective goods to the Supplier;

(b) reject the defective Services ;

(c) repair or make good the defective goods; or,

(d) re-perform or make good the defective services.

And the Supplier must:

(a) repair or replace the defective goods;

(b) re-perform or make good the defective services; or,

(c) reimburse FTP for any expenses incurred in repairing, reperforming or making good (as the case may be) any defective goods or services,

at the Supplier's cost, if requested to do so by FTP.

Cancellation

FTP reserves the right to cancel this Purchase Order in whole or part if the supplier is in breach of any term or condition of this Purchase Order or if the Supplier becomes insolvent or any formal action is taken against the Supplier in respect of insolvency, or at FTP’s discretion by giving reasonable notice.

Assignment

The Supplier must not assign the Supplier’s right under this Purchase Order without consent in writing from FTP.

Applicable Law

This Purchase Order will be governed by and construed in accordance with the laws in force in Western Australia.

Entire Agreement

Where this Purchase Order relates to Goods and/or Services the subject of a formally executed contract between the Supplier and FTP, the terms of that contract apply to the exclusion of the terms and conditions in this Purchase Order and of all other agreements, warranties and representations.

Where there is no formally executed contract, the terms and conditions in this Purchase Order constitute the entire agreement between the parties in relation to the supply of the goods and/or services and all other agreements, warranties and representations are excluded.