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Terms and Conditions

Privacy

Tools 4 Industry only collects customer information to enhance your experiences at our site.
Any personal information that you submit has a sole purpose of being used like a members list, which allows you & us to track Quotes, Orders, and Sales History. All customer information is protected by our secure server.
If you are a member we may also, on occasions, use your personal information to notify you of any important changes to our site or any special promotions that may be of interest to you, according to your chosen categories. However, Tools 4 Industry will NOT sell or trade your personal information to any third party organisations or individuals.
If any changes to these policies occur, we will notify our customers by updating this section of our web site. By using the services offered by Tools 4 Industry, you are consenting to the collection of information by us.

Further information may be obtained from the Office of Federal Privacy Commissioner and/or at www.privacy.gov.au

Trading Terms

1.	Definitions
1.1	"Seller" shall mean Hare & Forbes Pty Ltd T/A Tools 4 Industry and its successors and assigns.
1.2	"Buyer" shall mean the Buyer or any person acting on behalf of and with the authority of the Buyer.
1.3	"Guarantor" means that person (or persons), or entity who agrees herein to be liable for the debts of the Buyer on a principal debtor basis.
1.4	"Goods" shall mean Goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined).
1.5	"Services" shall mean all services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined supra).
1.6	"Price" shall mean the cost of the Goods as agreed between the Seller and the Buyer subject to clause 4 of this contract. 
1.7	"Installation" shall mean the levelling and positioning of the Goods, removal of travel clamps, aligning of any auxiliary equipment, connection of all necessary air and power supplies at the machine, and checking and adjusting where necessary all lubricant levels but DOES NOT include the provision of a level site of sufficient strength capability for the Goods, the provision of which is the sole responsibility of the Buyer.
2.	Acceptance
2.1	Any instructions received by the Seller from the Buyer for the supply of Goods and/or the Buyer's acceptance of Goods supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.
2.2	Where more than one Buyer has entered into this agreement, the Buyer's shall be jointly and severally liable for all payments of the Price.
2.3	Upon acceptance of these terms and conditions by the Buyer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Seller.
2.4	None of the Seller's agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing nor is the Seller bound by any such unauthorised statements.
2.5	The Buyer:
(a)	agrees that it does not rely on the skill or judgment of the Seller in relation to the suitability of the Goods for any particular purpose unless it has indicated that purpose in writing to the Seller and the Seller has acknowledged in writing that the Goods will be fit for that purpose; and
(b)	acknowledges that it has chosen the Goods relying on its own skill, expertise and experience.
(c)	acknowledges that delivery lead times advised by the Seller are indicative only and shall not be binding on the Seller.
2.6	The Buyer undertakes to give the Seller not less than fourteen (14) days prior written notice of any proposed change in the Buyer's name and/or any other change in the Buyer's details (including but not limited to, changes in the Buyer's address, facsimile number, or business practice).
3.	Goods 
3.1	The Goods are as described on the invoices, quotation, work authorisation or any other work commencement forms as provided by the Seller to the Buyer.
3.2	Unless otherwise agreed in writing, any Goods supplied by the Seller to the Buyer shall be deemed to operate satisfactorily if the Goods operate in accordance with the relevant specifications of the manufacturer of the Goods.
3.3	The Buyer acknowledges that the ability of the Goods to operate satisfactorily in accordance with their specifications is dependant upon the proper layout and maintenance of the Goods and all parts thereof, proper material control and other factors:
(a)	for which the Buyer is responsible; and
(b)	which are beyond the control of the Seller.
3.4	Unless otherwise agreed in writing, the Goods shall be supplied to the manufacturer's standard finish and dimensions. Neither the Seller nor the manufacturer accepts any responsibility or liability whatsoever should the colour, designs or dimensions of the Goods vary from the colour, designs or dimensions contained in any product catalogue, brochure or other promotional or information document in respect of the Goods.
4.	Price And Payment
4.1	At the Seller's sole discretion;
(a)	The Price shall be as indicated on invoices provided by the Seller to the Buyer in respect of Goods supplied; or
(b)	The Price shall be the Seller's current Price, at the date of delivery of the Goods, according to the Seller's current Price list; or
(c)	The Price of the Goods shall (subject to clauses 4.2 & 4.3) be the Seller's quoted Price which shall be binding upon the Seller provided that the Buyer shall accept in writing the Seller's quotation within the advised quotation acceptance period or where no other period has been advised, within thirty (30) days.
4.2	Any variation from the plan of scheduled works or specifications will be charged for on the basis of the Seller's quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion. 
4.3	The Seller reserves the right to charge the Buyer for any fluctuation in foreign exchange currency rates resulting in an increase in the cost to the Seller of obtaining the Goods or delivering the Goods to the Buyer. The Buyer acknowledges that any sum charged by the Seller in respect of such fluctuation shall be based upon the entire Purchase Price, irrespective of whether a deposit has been paid by the Buyer.
4.4	At the Seller's sole discretion a deposit may be required. The deposit amount or percentage of the Price will be stipulated at the time of the order of the Goods and shall become immediately due and payable.
4.5	Time for payment for the Goods shall be of the essence and will be stated on the invoice, quotation or any other order forms.  If no time is stated then payment shall be on delivery of the Goods. 
4.6	The Seller may withhold delivery of the Goods until the Buyer has paid for them, in which event payment shall be made before the delivery date.
4.7	At the Seller's sole discretion, payment for approved Buyers shall be made by instalments in accordance with the Seller's delivery/payment schedule.
4.8	At the Seller's sole discretion, for certain approved Buyers payment will be due thirty (30) days following the date of the invoice unless otherwise agreed between the Seller and the Buyer.
4.9	Payment will be made by cash on delivery, or by cheque, or by bank cheque, or by credit card, or by direct credit, or by any other method as agreed to between the Buyer and the Seller.
4.10	The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Seller.
5.	Delivery Of Goods / Services
5.1	Delivery of the Goods shall be made to the Buyer's address. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery, or delivery of the Goods shall be made to the Buyer at the Seller's address.
5.2	Unless otherwise agreed in writing:
(a)	the Seller shall arrange for transport of the Goods to the Buyer's specified delivery point; and
(b)	the Seller is entitled to charge a delivery fee for such transport. The delivery fee shall be due and payable by the Buyer on the date for payment of the Price; but
(c)	the Buyer is responsible for unloading the Goods from the transport vehicle; or
(d)	if no delivery point has been specified by the Buyer, the Buyer shall collect the Goods from the Seller's premises within 7 days of the Seller notifying the Buyer that the Goods are ready for collection.
5.3	If the Seller notifies the Buyer that the Goods are ready for transport or collection and the Buyer requests the Seller to hold the Goods, or where clause 5.2(d) applies and the Buyer does not collect the Goods within 7 days of notification by the Seller that the Goods are ready for collection then;
(a)	the Seller shall hold the Goods; and
(b)	delivery shall be deemed to have occurred and the Goods shall be at the Buyer's risk from the time of the Buyer's request or failure to collect as per 5.2 (d); and
(c)	the Seller shall be entitled to charge storage fees in respect of the Goods so stored. Storage fees shall be due and payable by the Buyer on the date for payment of the Price.
5.4	If the Seller has agreed in writing to install the goods, then:
(a)	the Seller shall arrange for the installation of the goods;
(b)	the Seller is entitled to charge a fee for the installation. The installation fee shall be due and payable by the Buyer on the date for payment of the Price.
5.5	The Seller may deliver the Goods by separate instalments (in accordance with the agreed delivery schedule). Each separate instalment shall be invoiced and paid for in accordance with the provisions in this contract of sale.
5.6	Delivery of the Goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of this agreement.
5.7	The Seller may extend the anticipated delivery date without consultation with the Buyer. Where such an extension occurs, the Seller shall notify the Buyer of the extension as soon thereafter as is reasonably practicable. 
5.8	In the event of any delay or failure to deliver, arising from any circumstances including but not limited to a Force Majeure Occurrence;
(a)	the Seller shall not be liable to any claims by the Buyer or for any loss, damage or expense suffered or incurred by the Buyer including consequential loss or damage whatsoever or howsoever arising out of that delay or failure; and
(b)	the delay or failure shall not;
(i)	relieve the Buyer of its obligation to pay the Purchase Price; or
(ii)	permit the Buyer to rescind the Contract and/or reject the Goods.
5.9	The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
6.	Risk
6.1	If the Seller retains property in the Goods nonetheless, all risk for the Goods passes to the Buyer on delivery.
6.2	Delivery of the Goods shall be deemed to occur and the Goods shall be at the Buyer's risk, (subject to clause 5.3 above);
(a)	in the case of transport to the Buyer's specified delivery point, upon the commencement of the unloading of the Goods from the transport vehicle;
(b)	in the case of collection by the Buyer from the Seller's premises, upon the commencement of the loading of the Goods onto the Buyer's vehicle;
(c)	in the case of installation the risk in the goods passes to the Buyer upon installation.
6.3	If any of the Goods are damaged or destroyed prior to property in them passing to the Buyer, the Seller is entitled, without prejudice to any of its other rights or remedies under these Terms and Conditions of Trade (including the right to receive payment of the balance of the Price for the Goods), to receive all insurance proceeds payable for the Goods. This applies whether or not the Price has become payable under the Contract.  The production of these terms and conditions by the Seller is sufficient evidence of the Seller's rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries. 
7.	Defects / Returns
7.1	The Buyer shall inspect the Goods on delivery and shall within seven (7) days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote.  The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Buyer believes the Goods are defective in any way.  If the Buyer shall fail to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
7.2	For defective Goods, which the Seller has agreed in writing that the Buyer is entitled to reject, the Seller's liability is limited to either (at the Seller's discretion) replacing the Goods or repairing the Goods provided that:
(a)	the Buyer has complied with the provisions of clause 7.1;
(b)	where the Goods are unable to be repaired the Goods are returned at the Buyer's cost within thirty (30) days of the delivery date; 
(c)	the Seller will not be liable for Goods which have not been stored or used in a proper manner;
7.3	the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonable possible in the circumstances.
7.4	The Seller may (in its discretion) accept the Goods for credit but this may incur a handling fee of 15% of the value of the returned Goods plus any freight.
8.	Warranty
8.1	Subject to the conditions of warranty set out in Clause 8.2 the Seller warrants that if any defect in any workmanship manufactured by the Seller becomes apparent and is reported to the Seller within twelve (12) months from the date of delivery (time being of the essence) then the Seller will either (at the Seller's sole discretion) repair the defect or replace the workmanship.
8.2	The conditions applicable to the warranty given by Clause 8.1 are:
(a)	The warranty applies on the basis of the Goods being used on the equivalent of a single daily 8 hour shift;
(b)	The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i)	failure on the part of the Buyer to properly maintain any Goods; or
(ii)	failure on the part of the Buyer to follow any instructions or guidelines provided by the Seller; or
(iii)	any use of any Goods otherwise than for any application specified on a quote or order form; or
(iv)	the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v)	fair wear and tear of the Goods or any part thereof including but not limited to belts, cables, fuses and filters; or
(vi)	misuse, neglect, accident, vandalism, damage in transit or any act of God.
(c)	The warranty shall cease and the Seller shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Seller's consent.
(d)	In respect of all claims the Seller shall not be liable to compensate the Buyer for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Buyer's claim.
8.3	For Goods not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall be under no liability whatsoever, except for the express conditions as detailed and stipulated in the manufacturers warranty.
8.4	In the case of second hand Goods, the Buyer acknowledges that he has had full opportunity to inspect the same and that he accepts the same with all faults and that no warranty is given by the Seller as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Seller shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.
9.	Intellectual Property
9.1	Where the Seller has designed or drawn Goods for the Buyer, then the copyright in those designs and drawings shall remain vested in the Seller, and shall only be used by the Buyer at the Seller's discretion.
10.	Limitation of Liability and Indemnity
10.1	Save where otherwise expressly provided in the Contract, the Seller shall not be liable for any claim, loss, damage or expense, whether direct or indirect (including consequential loss or damage) arising out of any:
(a)	breach of contract by the Seller;
(b)	negligence of the Seller, its employees or agents; or
(c)	act or omission of the Seller in connection with the Goods.
10.2	Without limiting the generality of clause 10.1, the Seller shall not be liable for any costs of recovery of the Goods from the field, loss of use of the Goods, loss of time, inconvenience, incidental or consequential loss or damage, or for any other loss or damage, whether ordinary or exemplary, caused either directly or indirectly by use of the Goods.
10.3	The Seller shall not be liable for any defect, damage or other malfunction caused to the Goods by misuse, neglect, accident, vandalism, damage in transit, normal wear and tear, alteration, modification or unusual physical, environmental or electrical stress.
10.4	Without prejudice to any other rights the Seller may have against the Buyer, and to the extent permitted by law, the Buyer hereby agrees to indemnify and keep indemnified the Seller against any loss, damage or expense (including, without limitation, costs, whether or not the subject of a court order) incurred by it should the Buyer breach the Contract or cancel any order or part thereof for the Goods after entry into the Contract.
10.5	Nothing in the Contract shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974 (Cth) or Fair Trading Act) and which by law cannot be excluded, restricted or modified.
11.	Default & Consequences Of Default
11.1	Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgement.
11.2	If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all the Seller's costs and disbursements including on a solicitor and own client basis and in addition all of the Seller's nominees costs of collection.
11.3	Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions.  The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller exercised its rights under this clause.
11.4	If any account remains overdue after thirty (30) days then an amount of the greater of $20.00 or 10.00% of the amount overdue (up to a maximum of $200) shall be levied for administration fees which sum shall become immediately due and payable.
11.5	In the event that:
(a)	any money payable to the Seller becomes overdue, or in the Seller's opinion the Buyer will be unable to meet its payments as they fall due; or
(b)	the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c)	a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; 
then without prejudice to the Seller's other remedies at law,
(i)	the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies; and
(ii)	all amounts owing to the Seller shall, whether or not due for payment, immediately become payable; and
(iii)	the Seller shall be entitled to demand the return of the Goods to the Seller and, if the Buyer does not comply with that demand within 48 hours of receiving it the Seller may enter:
(a)	the premises of the Buyer;
(b)	the premises of any associated or related Company of the Buyer where the Goods are located;
(c)	the premises of any agent of the Buyer where the Goods are located; 
and without liability for any trespass or any resulting damage, retake possession of the Goods.
11.6	The Buyer shall be liable for all costs associated with the Seller exercising its rights under clause 11.5 (c) (iii), which costs shall be due and payable on demand.
12.	Title
12.1	Notwithstanding that risk in the Goods passes as per clauses 5.3 and 6 (above), until the Purchase Price has been fully paid:
(a)	the title of the Goods shall not pass to the Buyer;
(b)	the Buyer must store the Goods so that they are clearly identifiable as the property of the Seller;
(c)	the Buyer shall keep the goods insured against loss or damage for their full replacement value, noting the interest of the Seller on the insurance policy;
(d)	upon delivery of the Goods, or, if the Seller has agreed to install the Goods upon installation of the Goods, the Buyer may sell or deal in the ordinary course of business with the Goods and may for the purpose of such sale or dealing part with possession thereof, subject to paragraph (e); 
(e)	in the event that the Buyer resells the Goods or sells goods manufactured using the Goods, the Buyer:
(i)	holds on trust such part of the proceeds of any such sale received by the Buyer as represents the unpaid balance of the Purchase Price of the Goods resold or used in the manufacture of goods sold;
(ii)	agrees to accept this appointment as bailee and fiduciary; 
(iii)	shall hold the proceeds in a separate identifiable account as the beneficial property of the Seller; and
(iv)	must pay such amount to the Seller upon request;
(f)	where the Buyer processes the Goods or incorporates them in or with any other product, the new product shall be separately stored or marked in a manner which makes such new product readily identifiable as the Goods of the Seller;
(g)	the Seller may keep or resell any Goods repossessed pursuant to paragraph (f).
12.2	The provisions of clause 12.1 shall not affect the entitlement of the Seller to maintain an action against the Buyer for the Purchase Price and any other sum payable by the Buyer under the Contract. 
13.	Cancellation
13.1	The Seller may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice.  The Seller shall not be liable for any loss or damage whatever arising from such cancellation.
14.	Privacy Act 1988
14.1	The Buyer and/or the Guarantor/s agree for the Seller to obtain from a credit-reporting agency a credit report containing personal credit information about the Buyer and Guarantor/s in relation to credit provided by the Seller.
14.2	The Buyer and/or the Guarantor/s agree that the Seller may exchange information about Buyer and Guarantor/s with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:
(a)	to assess an application by Buyer;
(b)	to notify other credit providers of a default by the Buyer;
(c)	to exchange information with other credit providers as to the status of this credit account, where the Buyer is in default with other credit providers; and
(d)	to assess the credit worthiness of Buyer and/or Guarantor/s.
14.3	The Buyer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
14.4	The Buyer agrees that Personal Data provided may be used and retained by the Seller for the following purposes and for other purposes as shall be agreed between the Buyer and Seller or required by law from time to time:
(a)	provision of Services & Goods;
(b)	marketing of Services and/or Goods by the Seller, its agents or distributors in relation to the Services and Goods;
(c)	analysing, verifying and/or checking the Buyer's credit, payment and/or status in relation to provision of Services/Goods;
(d)	processing of any payment instructions, direct debit facilities and/or credit facilities requested by Buyer;  and
(e)	enabling the daily operation of Buyer's account and/or the collection of amounts outstanding in the Buyer's account in relation to the Services and Goods.
14.5	The Seller may give, information about the Buyer to a credit reporting agency for the following purposes:
(a)	to obtain a consumer credit report about the Buyer; and or
(b)	allow the credit reporting agency to create or maintain a credit information file containing information about the Buyer.
15.	Unpaid Seller's Rights To Dispose Of Goods
15.1	In the event that:
(a)	the Seller retains possession or control of the Goods; and
(b)	payment of the Price is due to the Seller; and
(c)	the Seller has made demand in writing of the Buyer for payment of the Price in terms of this contract; and
(d)	the Seller has not received the Price of the Goods, 
then, whether the property in the Goods has passed to the Buyer or has remained with the Seller, the Seller may dispose of the Goods and may claim from the Buyer the loss to the Seller on such disposal.
16.	Lien & Stoppage in Transit
16.1	Where the Seller has not received or been tendered the whole of the price, or the payment has been dishonoured, the Seller shall have:
(a)	a lien on the goods;
(b)	the right to retain them for the price while the Seller is in possession of them;
(c)	a right of stopping the goods in transit whether or not delivery has been made or ownership has passed; and
(d)	a right of resale,
(e)	the foregoing right of disposal,
provided that the lien of the Seller shall continue despite the commencement of proceedings or judgement for the price having been obtained.
17.	General
17.1	If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
17.2	All Goods supplied by the Seller are subject to the laws of New South Wales and the Seller takes no responsibility for changes in the law which affect the Goods supplied.
17.3	The Buyer shall not set off against the Price amounts due from the Seller.
17.4	The Seller may license or sub-contract all or any part of its rights and obligations without the Buyer's consent.
17.5	The Seller reserves the right to review these terms and conditions at any time and from time to time.  If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the seller notifies the Buyer of such change.
17.6	Neither party shall be liable for any default due to any act of God, war, terrorism, strike, unforeseen breakdown of machinery, failure of an original equipment manufacturer to supply the Goods or any part thereof in a timely fashion or at all, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
17.7	The failure by the Seller to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Seller's right to subsequently enforce that provision.

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