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Terms of Use

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Standard Terms and Conditions

Hansen Price Pty Ltd trading as Mining Technicians Group – Australia (ABN 26 601 208 164) (“MTGA”)

These Terms and Conditions govern the supply of goods (“Products”) and/or services (“Services”) by MTGA to the Customer.

1. Supply

MTGA agrees to supply Products and/or Services to the Customer in accordance with these Terms.

2. Purchase Orders

Purchase orders for Products or Services will constitute an offer by the Customer and may only be accepted by MTGA in writing. Any amendments to purchase orders must be approved by MTGA in writing to be effective. Only these Terms (and not any other terms attached to a purchase order) form part of the agreement between the parties. Acceptance of a purchase order does not constitute acceptance of any other terms or conditions.

3. Payment

Payment terms are as follows:

  1. New customers are required to pay 30% upfront at the time of order, with the remaining balance payable cash on delivery (COD).
  2. Customers may apply to MTGA for approved credit terms. Where credit is approved, payment terms are strictly up to 30 days net from the date of invoice.
  3. Products and Services will be invoiced on delivery unless otherwise agreed in writing.

4. Warranty

MTGA provides a Limited Warranty on its Products and Services as detailed in the MTGA Warranty Policy (MTGA-QA-POL-0001), which is available upon request and forms part of the agreement between the parties. A summary of key warranty provisions is set out below:

Services

Services are warranted for a 12-month period from the date of delivery or Factory Acceptance Testing (FAT), confirming they were carried out with due skill and care in a proper and workmanlike manner and in accordance with all relevant law.

Goods — MTGA Manufactured Products

New Goods manufactured by MTGA to which no manufacturer’s warranty applies are warranted for 12 months from delivery (unless otherwise specified) against defects in materials and workmanship. Specific component warranty periods include:

  1. Trailer chassis, electrical components, trailer shell (before modifications), SAB A-Stop structure — 3 years
  2. SAB A-Stop internal components, Service and Fitment — 12 months
  3. EOM parts — manufacturer’s warranty specific to that component

 

Goods — Third-Party Manufacturer’s Warranty

Where a manufacturer’s warranty applies to Goods supplied by MTGA, that manufacturer’s warranty is the sole and exclusive warranty for those Goods.

Warranty Exclusions

Warranty does not cover:

  1. Unauthorised repairs, alterations or maintenance
  2. General wear and tear or consumable parts
  3. Use of products not in accordance with manufacturer recommendations, including misuse and neglect
  4. Surface treatment wear and tear
  5. Water damage caused by improper use
  6. Damage caused by accident, fire, flood or act of God
  7. Malicious damage
  8. Relocation of Products by the Customer
  9. Configuration or reconfiguration by the Customer of Products or connected equipment

 

Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms limits any rights the Customer may have under applicable consumer protection legislation.

For full warranty terms, claim procedures and exclusions, refer to MTGA Warranty Policy MTGA-QA-POL-0001.

5. Hire and Rental

Where Products are supplied by MTGA on a hire or rental basis, the terms and conditions of that engagement are governed by a separate MTGA Hire Agreement, which will be provided to the Customer prior to commencement of any hire arrangement. In the event of any inconsistency between these Terms and the MTGA Hire Agreement, the Hire Agreement shall prevail in respect of the hire engagement.

6. Delivery

MTGA will use reasonable endeavours to deliver Products or Services by the agreed date but will not be liable for delays caused by matters beyond its control. Freight charges incurred will be invoiced at cost unless otherwise quoted.

7. Acceptance

Unless the Customer provides written notice within 7 days of delivery of any alleged non-conformity, the Products or Services will be deemed accepted. If a deliverable is used commercially, acceptance is deemed on the first day of such use.

8. Returns

Products will only be credited if authorised by MTGA, returned in the same condition as delivered, and returned within 14 days. MTGA reserves the right to charge for unauthorised or late returns or Products returned in a different condition.

9. Risk and Insurance

Risk of loss or damage passes to the Customer on the earlier of:

  1. delivery to the Customer;
  2. taking possession by the Customer; or
  3. delivery to any carrier contracted by the Customer.

10. Title

Products remain the property of MTGA until paid in full. MTGA may recover Products if the Customer fails to pay when due. This is without prejudice to any other rights of MTGA.

11. Confidentiality

Both parties will keep confidential any information disclosed. “Confidential information” excludes information already public or disclosed without fault of the receiving party.

12. Intellectual Property

All intellectual property rights in Products or arising from Services remain the property of MTGA or its suppliers unless agreed in writing. Software will be licensed under the relevant licence agreement. Rights commence on full payment.

13. Termination

MTGA may suspend supply, recover Products, or terminate agreements if the Customer:

  1. defaults on payment or breaches these Terms;
  2. becomes insolvent or bankrupt; or
  3. undergoes liquidation, has a receiver appointed, or enters an arrangement with creditors.

14. No Representations

The Customer acknowledges that MTGA makes no warranties or representations regarding the Products or Services, except as provided in writing.

15. No Implied Terms

To the fullest extent permitted by law, implied terms are excluded. Liability for breach of an implied warranty is limited at MTGA’s option to replacement, repair, or the cost of equivalent goods or services.

16. Limitation of Liability

  1. MTGA is not liable for indirect or consequential losses, including lost profits or data.
  2. Except for personal injury or tangible property damage, liability is limited to the amount paid by the Customer under these Terms.

17. Variation

Any variation must be in writing. Additional Services will be charged at MTGA’s current rates unless agreed otherwise.

18. Notices

Notices must be in writing and sent by mail, hand delivery, or email to the address last notified by the receiving party. Notices sent by email are deemed received upon confirmation of delivery.

19. General

  1. No indulgence by MTGA constitutes a waiver of rights.
  2. Invalidity of any term does not affect remaining Terms.
  3. These Terms are governed by the laws of Western Australia, Australia, with the non-exclusive jurisdiction of the courts of Western Australia.

20. Taxes and GST

The Price is inclusive of applicable taxes, duties, and government charges. The Customer is liable for new or varied taxes. MTGA will issue a valid tax invoice where GST applies.