These Conditions of Sale form part of quotations made by us and also apply to the sale of all items. These Conditions of Sale are binding and no variation or cancellation will be accepted unless agreed to by us in writing.

Unless otherwise stated by us in writing, any quotation will be valid for 30 days from the date of the quotation. Prior to the receipt of acceptance the quotation is subject to change or withdrawal by us in writing.

The quotation includes only those goods and services as specified therein. Goods offered ex-stock are subject to prior sale. Delivery times quoted are approximated only and actual delivery times should be determined at the time of placement of an order.

All descriptive specifications, illustrations, drawings, data, dimensions and weights contained in our catalogues and literature are typical only and are subject to change without notice. These details do not form part of a quotation unless specified by us in writing.

All products will be delivered in packing to our normal standard practice. Variations to this packing will be charged for and form part of our quotation.

Prices charged are the prices relevant at the date of despatch unless written agreement has been made for price variation. Where prices have been quoted on a quantity purchase we reserve the right to re-negotiate the quoted prices if the total quantity is varied.

All Shipments are made FOB at Flexible Drive Agencies Pty Ltd warehouses or such other place as Flexible Drive Agencies Pty Ltd may approve. Full risk of loss (including transportation delays and losses) shall pass to the customer upon delivery of the products at the FOB point. Shipments will be made according to Flexible Drive Agencies Pty Ltd best judgement unless an alternative method is clearly indicated in writing by the customer. Any payment of freight by Flexible Drive Agencies Pty Ltd will not prejudice the conditions set out above.

The prices quoted do not include sales tax and government imposts unless specifically stated in writing in the quotation. The payment of these charges is to your account.

Where a credit account has been established with us, all prices are strictly nett and are payable within 30 days unless stated otherwise in the quotation or agreed to in writing. We reserve the right to refuse extension of credit.

Should any goods become defective due to faulty design, workmanship or materials within 12 calendar months of date sellers invoice then we will make good by repair, or at our discretion by the replacement of the faulty goods. Goods supplied for Industrial use involving more than a single manufacturing 8 hour shift will be limited to 6 months. This warranty is void if the product is used outside specification, is modified, subject to excessive wear, or is used for a purpose for which it was not designed. The warranty covers repair or replacement and despatch to the point of original delivery free of charge. Except as specifically provided in these Conditions of Sale there are no other conditions or warranties expressed or implied provided however, that nothing in the conditions shall restrict, exclude or modify any condition or warranty implied by any legislation which both implies conditions or warranties and provides that such conditions or warranties may not be excluded where and to the extent that such legislation is applicable.

Notwithstanding any other provisions of this contract we shall not be liable for any loss or profit of contract howsoever arising nor shall we be under any liability whether in contract, tort or otherwise nor for any injury, damage or loss save as expressly provided in the contract. Where the goods to be provided by us are not of a kind ordinarily acquired for personal domestic or household use or consumption, then our liability for a breach of a condition or warranty implied by the Trade Practices Act 1974 (other than a condition of warranty implied by Section 69) shall be limited to the repair of the goods, or, at our option, the replacement of the goods or the supply of equivalent goods.

Except as may be otherwise agreed by us, the contract shall be governed by the laws of the State or Territory in which we accept your order.

If an order is varied then the variation must be accepted by us in writing and we shall be indemnified against any loss or damage occurred by you.

The goods supplied shall remain the sole and absolute property of Flexible Drive Agencies Pty Ltd as legal and beneficial owner until such time as the customer shall have paid the purchase price in respect of such goods to Flexible Drive Agencies Pty Ltd in accordance with these terms and conditions and payment has been made by the customer in respect of any other goods supplied by Flexible Drive Agencies Pty Ltd to the customer pursuant to these terms and conditions. The customer irrevocably gives Flexible Drive Agencies Pty Ltd its servants and agents leave and licence without the necessity of giving any notice to enter at any time on and into any premises occupied by the customer to inspect search for or remove any of the goods supplied pursuant to these terms and conditions.

Returned goods will only be accepted for credit if the goods are in a re-saleable condition within 30 days and that they have been returned at the customer's expense with Flexible Drive Agencies invoice number and reason for return clearly marked on the carton in which the goods are returned. After 30 days prior written agreement must be obtained and a restocking charge may apply. All goods specifically manufactured for customer requirements will not be accepted for credit, unless agreed to in writing.