TIMBERTECH ENGINEERING CONDITIONS OF SALE

1. In consideration of the payment of the Purchase Price by the Purchaser to the Vendor, the Vendor agrees to sell and the Purchaser agrees to buy the goods described herein upon these terms and conditions.
2. The Vendor makes no warranty as to fitness of the goods for any particular purpose.
3. The description of the goods herein is given solely for identifying the specific goods and does not constitute this contract as a sale by description.
4. The goods are sold in their present state of repair and condition and, subject to any provisions herein to the contrary, as and where they lie.
5. These terms constitute the entire contract between the parties and all representations, warranties or conditions, expressed or implied, statutory or otherwise other than those contained herein are excluded.
6. The risk in the goods shall remain with the Vendor until the passing of title whereupon the risk passes to the Purchaser.
7. Title of the goods shall pass to the Purchaser free of encumbrances and all other adverse interests upon payment in full by the Purchaser being received by the Vendor and, if payment is made by cheque, subject to that cheque being paid on presentation.
8. The Vendor reserves the right to make a reasonable charge for storage if delivery is not taken in accordance with the terms hereof or, if no such terms have been included herein, if delivery instructions are not provided to the Purchaser within 14 days of a request for the same being made by the Vendor.
9. Any goods of the Purchaser under the Vendor's custody or control shall be entirely at the Purchaser's risk as regards loss or damage caused to the goods or by them.
10. Upon payment by the Purchaser of the Purchase price to the Vendor, the Purchaser shall be deemed to have carried out all and any inspection of the goods to the satisfaction of the Purchaser for all purposes whatsoever.
11. If by reason of any fact, circumstance, matter or thing beyond the reasonable control of the Vendor or the Purchaser, either is unable to perform in whole or in part any obligation under this agreement, to the extent and for the period that it is so unable to perform it shall not be liable to the other party to this agreement in respect of such inability.
12. The total liability of the Vendor for loss or damage of every kind whether arising pursuant to this agreement or out of or in relation to the goods, their sale, delivery or the way they behave, in tort or in contract, or in any other way whatsoever is hereby limited to the amount paid by the Purchaser to the Vendor under this agreement at the date when such liability arises.
13. Nothing herein should 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 Trades Practices Act, 1974) and which by law cannot be excluded, restricted or modified.
    
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