MARTCOM PTY LIMITED ATF The Breiesser Trust ABN 98095828578
“Company” means MARTCOM Pty Limited – ABN 98095828578. Company includes its employees, agents,
representatives, directors, offices, services and contractors and permitted assignees.
“Customer” means the person, company or other legal entity to whom the quotation is addressed or to
whom the offer is made for this sale. “Customer includes legal representatives, agents, servants,
contractors, administrators, successors or permitted assignees.
“Delivery Date” shall be deemed to have occurred on the first of the date that the Item is delivered to the
Customer or the date that the Item is delivered to a carrier for conveyance to the Customer.
“Items”, unless the context requires otherwise, means the cable, metals, materials, products, equipment,
samples, prototypes and experimental or preliminary work or the provision of services which are the subject
of a binding quotation, offer or order.
All quotations and offers are made by the company and all orders are placed by the customer (including
their agent, administrators, successors or assignees with the company only on condition that the terms and
conditions shall apply unless there is written instruction to the contrary.
The Company’s quotation or offer will remain open for 30 days unless otherwise stated in the quotation.
The Company’s quotation or offer may be revised in whole or part or withdrawn prior to expiration of the
validity period or acceptance of the quotation or offer by the Customer.
Any variance to the terms and conditions contained in this document must be in writing by the company.
A quotation or offer by the Company shall become binding upon all parties upon receipt from the Customer
of an unconditional written acceptance in such form as the Company may require. Such an unconditional
written acceptance will be deemed to include a written order placed by the Customer with the Company,
which order is strictly in accordance with the terms of the relevant quotation or offer.
If an order is not in writing or is not strictly in accordance with the terms of the relevant quotation or order,
the Company may elect to accept or reject the order.
4. ERRORS IN COMPANY DOCUMENTS:
Clerical errors and misprints in computation, typing or otherwise in the Company’s documents shall be
subject to correction by the Company by means of reissue of the document or by adjusting dockets with
reference to the original transaction. Any such errors or misprints will not entitle the Customer to a reduction
or variation in the purchase price of the Items or in the Customer’s obligations under these Terms and
All Items will be excluding 10% Australian GST ( unless otherwise specified)
6. OTHER CHARGES; SALES TAX OR GST:
All Items may be subject to additional charges on the basis of the following provisions:
Where a Customer requests goods to be packed in a manner other than normally observed by the
Carriage within Australia will be charged extra at the Company’s rate currently in effect on the date the
order is dispatched unless otherwise specified.
A service charge at the Company’s rate currently in effect on the date the order is dispatched will be
applied to each invoice below the total net value determined by the Company from time to time.
Prices quoted exclude GST unless otherwise specified.
7. DELIVERY DURATION & QUOTED DELIVERY OR COMPLETION TIMES:
Delivery or completion time or times stated by the Company are estimates based on present availability of
transport, materials, labour and other contingencies.
Delivery estimates should be checked on placement of the order. Such times are to be treated merely as
estimates not involving any contractual obligation, unless the Company has expressly confirmed its
agreement in writing and any such contract shall be subject to the Company not being delayed by any
cause whatsoever beyond its reasonable control.
8. PACKING, METHOD OF DELIVERY & POINT OF DELIVERY:
Should an order be placed, the sale of all Items will be subject to the following conditions:
The method of delivery will be nominated in the Company’s quotation or offer.
The point of delivery will be as nominated by the Company at the point of quotation.
Access provided must provide reasonable ease of entry in the opinion of the Company, or a surcharge will
The Customer at its own expense shall provide all necessary facilities, labour and equipment to off-load the
Items at the nominated point of delivery. The Customer must accept delivery of the Items at any time during
normal business hours.
9. CANCELLATION, DEFERRAL OF ORDER AND RETURN OF GOODS:
An order cannot be cancelled, delivery deferred or goods returned unless prior agreement in writing is given
by the Company and then only on terms which will indemnify the Company against loss.
10. PAYMENT & DEFAULT:
The Customer’s will pay for the goods on delivery unless there is a credit facility in place. This facility with
the Company shall remain in the name stated by the Customer on the Company’s application for credit
facilities until the Company is notified in writing and consent is given in writing by the Company to amend.
The Customer shall notify the Company as soon as practicable should there be any change in the legal
entity, structure, beneficial ownership or management control of the Customer or its business.
Payment is to be made at the address specified on the Company’s invoice/statement 30 days after the
Items are invoiced. The Customer shall not be entitled on any ground whatsoever either wholly or in part to
withhold payment when it becomes due. Without prejudice to the Company’s other rights and remedies,
default in payment shall entitle the Company to suspend deliveries or cancel undelivered portions of the
order and to take proceedings for the collection of outstanding amounts and to charge interest on moneys
outstanding at a rate of 2% per month compounded monthly from the due date for payment until payment is
received in full.
11. PROPERTY & RISK:
Property in the Items shall pass to the Customer at the time the Items are paid for by the Customer. Until
the Company has received payment in full for the Items the Customer shall hold the Items as bailee for the
Company. During this time, the Customer may deal with the Items in the ordinary course of its business,
proceeds of sale are kept separate from all other moneys of the Customer. All risks in respect of the Items
delivered will be borne by the Customer from the time the Items cease to be within the actual possession of
the Company or its agents.
Until the Company has received payment in full for the Items, the Customer irrevocably authorised the
Company to enter the premises of the Customer or the premises of a third party at which the Items are being
stored on behalf of the Customer, to retrieve those Items which have not been paid for in full if the Company
suspects that the Customer is in breach of these Terms and Conditions. If the Company so retrieves the Items,
the Company will not be liable for trespass or any resulting damage.
12. . CUSTOMER CLAIMS AND COMPLAINTS:
No claim for any alleged shortage in quantity, length or weight will be considered unless the carrier’s
delivery document is endorsed with full particulars of the alleged damage or shortage and notice in writing is
given to the Company and the carrier within seven days from the date of receipt of the consignment. The
Customer shall be responsible for filing and negotiating any claims against the carrier.
13. PROTOTYPES, SAMPLES, DRAWINGS, TOOLS:
All drawings, specifications, schedules and other documents prepared by or on behalf the Company shall
remain the property of the Company. No copies or amendments may be made or extracts taken without the
Companies prior written consent.
14. WARRANTIES & DISCLAIMERS:
Subject to the following provisions, all Items that are the subject of a sale are warranted for a period of
twelve months from the time of despatch.
Product data, specifications, drawings, design details and performance figures contained in the Company’s
published literature and advice given by the Company is provided only as a guide and to the fullest extent
permitted by law, the Company does not accept any liability whatsoever (including arising from negligence)
for its accuracy and for injuries, expense or loss or for the results obtained, by the Customer or any of its
servants, agents or contractors. If the Customer relies upon such information or advice it is entirely at the
Customer’s own risk.
All orders are accepted on the understanding that the Customer will be responsible for determining that the
Items sold or manufactured by the Company are suitable for a particular application.
Customer’s items are accepted for processing by the Company or by the supplier the Company represents,
at the Customer’s own risk.
If any defect or failure in the Items supplied becomes apparent under proper use within twelve months from
the date of despatch and the Company is notified of the details, the Company will elect supply fresh goods
in replacement or arrange repair of the original Item free of charge, provided the Company and the supplier
are satisfied that the defect or failure is due solely to faulty workmanship or the use of faulty materials and
that the relevant Items have not received maltreatment, inattention, interference or other improper use by
any person other than the Company.
Owing to the obligations placed upon it, the Company reserves the right not to accept liability for
deficiencies, damaged or faulty Items, or errors in dispatch, unless notice in writing is given to the carrier
and the Company within seven days from receipt of the consignment. Neither can it accept any claim for
loss of Items advised but not delivered unless notice is given in writing to the Company and the carrier
within twenty-one days of the date of the advice note, or in the case of exported Items, within a reasonable
time from date of shipment.
To the fullest extent permitted by law, no liability will be accepted by the Company or the supplier the
Company represents nor is any guarantee or other undertaking given or implied in respect of any act or
omission by the Company in respect of the following:
If performance figures are not obtained unless the specification to which the Company is working lays down
such figures or unless the Company has made a specific guarantee in writing.
For any injury, loss or damage suffered by the Customer which may in any degree be attributed to the use
of items or installation supplied by the Customer or to the adoption of data, design materials or advice given
by the Company as to the use of such items or installation notwithstanding any want of care on the part of
the Company in compiling or giving any advice or information.
For liquidated damages suffered by the Customer or others consequent to the supply of Items later than the
date of dispatch confirmed by the Company, unless expressly confirmed in writing by the Company.
For loss, damage, or delay caused by government order, war, civil commotion, force majeure, accidents,
fires, strikes, lockouts, or delay in obtaining raw materials through shortage or advantage in price thereof or
any other cause beyond the reasonable control of the Company.
For any loss or damage, direct or consequential, or for any accident, or the effects of any accident or other
expenses sustained by the Customer or any other person, arising from any defect or failure in Items
supplied by the Company.
If the Company breaches any condition or warranty implied in favour of the Customer by the Trade
Practices Act 1974 (Cth) or any applicable law which cannot lawfully be excluded then to the extent
permitted by applicable law the liability of the Company to the Customer in respect of that breach is limited
to the replacement of the goods, the supply of equivalent goods, the repair of the goods, the payment of the
cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods
repaired, at the election of the Company.
The Customer must indemnify and keep indemnified the Company against all claims, actions, demands,
liabilities, loss, damage, costs, charges and expenses which may be brought against the Company which
the Company may pay, sustain or incur by reason of or in any way connected with any breach by the
Customer of any of its warranties or obligations set out in these Terms and Conditions, any wilful, unlawful
or negligent act or omission of the Customer on the Company’s premises and any injury or death occurring
to those persons or loss or damage to their personnel effects.
16. ALTERATION OF CONDITIONS & OTHER AGREEMENTS:
No employee, servant or agent of the Company is authorised to alter, vary or waive these Terms and
Conditions or any one or more of them by oral agreement.
The company may vary these Conditions of Sale from time to time at its sole discretion. The current
Conditions of Sale are available on request from the company and can be viewed at martcom.com.au.
Any variation of the Conditions of Sale will be effective, whether or not notified to the buyer, from the effective
date specified at martcom.com.au
17. GOVERNING LAW AND JURISDICTION:
These terms and conditions are governed by and must be construed in accordance with the laws of the
State of New South Wales, The parties submit to the non-exclusive jurisdiction of the Courts of that State
and the Commonwealth of Australia in respect of all matters or things arising out of these Terms and