Terms and Conditions
Calfinn Pty Ltd – Terms & Conditions of Trade
1.1 “Wholesaler” means Calfinn Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Calfinn Pty Ltd.
1.2 “Client” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.
1.3 “Goods” means all Goods or Services supplied by the Wholesaler to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.4 “Price” means the Price payable for the Goods as agreed between the Wholesaler and the Client in accordance with clause 4 below.
2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Goods.
2.2 These terms and conditions may only be amended with the Wholesaler’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and the Wholesaler.
3. Change in Control
3.1 The Client shall give the Wholesaler not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by the Wholesaler as a result of the Client’s failure to comply with this clause.
4. Price and Payment
4.1 At the Wholesaler’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by the Wholesaler to the Client; or
(b) the Price as at the date of delivery of the Goods according to the Wholesaler’s current price list; or
(c) the Wholesaler’s quoted price (subject to clause 4.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
4.2 The Wholesaler reserves the right to change the Price if a variation to the Wholesaler’s quotation is requested. Any variation from the plan of scheduled works or specifications (including, but not limited to, any variation as a result of additional works required due to hidden or unidentifiable difficulties or due to fluctuations in the currency exchange rates or as a result of increases to the Wholesaler in the cost of materials and labour) will be charged for on the basis of the Wholesaler’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 At the Wholesaler’s sole discretion a deposit may be required.
4.4 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the Wholesaler, which may be:
(a) before delivery of the Goods;
(b) the date specified on any invoice or other form as being the date for payment; or
(c) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Wholesaler.
4.5 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card only Visa and MasterCard are accepted (plus a surcharge of up to two and a half percent (2.5%) of the Price), or by any other method as agreed to between the Client and the Wholesaler.
4.6 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to the Wholesaler an amount equal to any GST the Wholesaler must pay for any supply by the Wholesaler under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
5. Delivery of Goods
5.1 Delivery (“Delivery”) of the Goods is taken to occur at the time that the Wholesaler (or the Wholesaler’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.
5.2 At the Wholesaler’s sole discretion the cost of delivery is either included in the Price or is in addition to the Price.
5.3 The Client must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then the Wholesaler shall be entitled to charge a reasonable fee for redelivery and/or storage.
5.4 Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
5.5 Any time or date given by the Wholesaler to the Client is an estimate only. The Client must still accept delivery of the Goods even if late and the Wholesaler will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.
6.1 Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
6.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, the Wholesaler is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Wholesaler is sufficient evidence of the Wholesaler’s rights to receive the insurance proceeds without the need for any person dealing with the Wholesaler to make further enquiries.
6.3 If the Client requests the Wholesaler to leave Goods outside the Wholesaler’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.
7.1 The Wholesaler and the Client agree that ownership of the Goods shall not pass until:
(a) the Client has paid the Wholesaler all amounts owing to the Wholesaler; and
(b) the Client has met all of its other obligations to the Wholesaler.
7.2 Receipt by the Wholesaler of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
7.3 It is further agreed that:
(a) until ownership of the Goods passes to the Client in accordance with clause 7.1 that the Client is only a bailee of the Goods and must return the Goods to the Wholesaler on request.
(b) the Client holds the benefit of the Client’s insurance of the Goods on trust for the Wholesaler and must pay to the Wholesaler the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
(c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for the Wholesaler and must pay or deliver the proceeds to the Wholesaler on demand.
(d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of the Wholesaler and must sell, dispose of or return the resulting product to the Wholesaler as it so directs.
(e) the Client irrevocably authorises the Wholesaler to enter any premises where the Wholesaler believes the Goods are kept and recover possession of the Goods.
(f) the Wholesaler may recover possession of any Goods in transit whether or not delivery has occurred.
(g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the Wholesaler.
(h) the Wholesaler may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.
8. Personal Property Securities Act 2009 (“PPSA”)
8.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
8.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by the Wholesaler to the Client.
8.3 The Client undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Wholesaler may reasonably require to;
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 8.3ai or 8.3aii;
(b) indemnify, and upon demand reimburse, the Wholesaler for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of the Wholesaler;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of the Wholesaler;
(e) immediately advise the Wholesaler of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
8.4 The Wholesaler and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
8.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
8.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
8.7 Unless otherwise agreed to in writing by the Wholesaler, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
8.8 The Client must unconditionally ratify any actions taken by the Wholesaler under clauses 8.3 to 8.5.
8.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
9. Security and Charge
9.1 In consideration of the Wholesaler agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
9.2 The Client indemnifies the Wholesaler from and against all the Wholesaler’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Wholesaler’s rights under this clause.
9.3 The Client irrevocably appoints the Wholesaler and each director of the Wholesaler as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 9 including, but not limited to, signing any document on the Client’s behalf.
10. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
10.1 The Client must inspect the Goods on delivery and must within forty-eight (48) hours of delivery notify the Wholesaler in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow the Wholesaler to inspect the Goods.
10.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
10.3 The Wholesaler acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
10.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Wholesaler makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The Wholesaler’s liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 If the Client is a consumer within the meaning of the CCA, the Wholesaler’s liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 If the Wholesaler is required to replace the Goods under this clause or the CCA, but is unable to do so, the Wholesaler may refund any money the Client has paid for the Goods.
10.7 If the Client is not a consumer within the meaning of the CCA, the Wholesaler’s liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty card provided to the Client by the Wholesaler at the Wholesaler’s sole discretion;
(b) limited to any warranty to which the Wholesaler is entitled, if the Wholesaler did not manufacture the Goods;
(c) otherwise negated absolutely.
10.8 Subject to this clause 10, returns will only be accepted provided that:
(a) the Client has complied with the provisions of clause 10.1; and
(b) the Wholesaler has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.
10.9 Notwithstanding clauses 10.1 to 10.8 but subject to the CCA, the Wholesaler shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Client failing to properly maintain or store any Goods;
(b) the Client using the Goods for any purpose other than that for which they were designed;
(c) the Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Client failing to follow any instructions or guidelines provided by the Wholesaler;
(e) fair wear and tear, any accident, or act of God.
10.10 The Wholesaler may in its absolute discretion accept non-defective Goods for return in which case the Wholesaler may require the Client to pay handling fees of up to fifteen percent (15%) of the value of the returned Goods plus any freight costs.
10.11 Notwithstanding anything contained in this clause if the Wholesaler is required by a law to accept a return then the Wholesaler will only accept a return on the conditions imposed by that law.
11. Default and Consequences of Default
11.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Wholesaler’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
11.2 If the Client owes the Wholesaler any money the Client shall indemnify the Wholesaler from and against all costs and disbursements incurred by the Wholesaler in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Wholesaler’s collection agency costs, and bank dishonour fees).
11.3 Without prejudice to any other remedies the Wholesaler may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions the Wholesaler may suspend or terminate the supply of Goods to the Client. The Wholesaler will not be liable to the Client for any loss or damage the Client suffers because the Wholesaler has exercised its rights under this clause.
11.4 Without prejudice to the Wholesaler’s other remedies at law the Wholesaler shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Wholesaler shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Wholesaler becomes overdue, or in the Wholesaler’s opinion the Client will be unable to make a payment when it falls due;
(b) the Client 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 Client or any asset of the Client.
12.1 The Wholesaler may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice the Wholesaler shall repay to the Client any money paid by the Client for the Goods. The Wholesaler shall not be liable for any loss or damage whatsoever arising from such cancellation.
12.2 In the event that the Client cancels delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by the Wholesaler as a direct result of the cancellation (including, but not limited to, any loss of profits).
12.3 Cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.
13. Privacy Act 1988
13.1 The Client agrees for the Wholesaler to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by the Wholesaler.
13.2 The Client agrees that the Wholesaler may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Client.
The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
13.3 The Client consents to the Wholesaler being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
13.4 The Client agrees that personal credit information provided may be used and retained by the Wholesaler for the following purposes (and for other purposes as shall be agreed between the Client and Wholesaler or required by law from time to time):
(a) the provision of Goods; and/or
(b) the marketing of Goods by the Wholesaler, its agents or distributors; and/or
(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.
13.5 The Wholesaler may give information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client;
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
13.6 The information given to the credit reporting agency may include:
(a) personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
(b) details concerning the Client’s application for credit or commercial credit and the amount requested;
(c) advice that the Wholesaler is a current credit provider to the Client;
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
(e) that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
(f) information that, in the opinion of the Wholesaler, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Client’s credit obligations);
(g) advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;
(h) that credit provided to the Client by the Wholesaler has been paid or otherwise discharged.
14. Unpaid Wholesaler’s Rights
14.1 Where the Client has left any item with the Wholesaler for repair, modification, exchange or for the Wholesaler to perform any other service in relation to the item and the Wholesaler has not received or been tendered the whole of any moneys owing to it by the Client, the Wholesaler shall have, until all moneys owing to the Wholesaler are paid:
(a) a lien on the item; and
(b) the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.
14.2 The lien of the Wholesaler shall continue despite the commencement of proceedings, or judgment for any moneys owing to the Wholesaler having been obtained against the Client.
15.1 The failure by the Wholesaler to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Wholesaler’s right to subsequently enforce that provision. 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.
15.2 These terms and conditions and any contract to which they apply shall be governed by the laws of the state in which the Wholesaler has its principal place of business, and are subject to the jurisdiction of the courts in that state.
15.3 Subject to clause 10 the Wholesaler shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Wholesaler of these terms and conditions (alternatively the Wholesaler’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
15.4 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Wholesaler nor to withhold payment of any invoice because part of that invoice is in dispute.
15.5 The Wholesaler may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
15.6 The Client agrees that the Wholesaler may amend these terms and conditions at any time. If the Wholesaler makes a change to these terms and conditions, then that change will take effect from the date on which the Wholesaler notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for the Wholesaler to provide Goods to the Client.
15.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
15.8 The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
3 year Warranty terms & Conditions
Compac products sold in Australia by Calfinn Pty Ltd or their approved resellers are covered by a 3 year warranty from the date of purchase by the end user. The warranty is only valid if all the recommendations on safety, operation, service and maintenance have been followed.
What is covered by the 3 year warranty?
The warranty covers faulty material and workmanship only.
What is not covered by the 3 year warranty?
Problems due to improper maintenance and adjustment are not covered by warranty. Functional problems without any leakage like the jack losing height, unable to lift load, etc are often due to improper service and calibration. This warranty does not cover defects caused by wear, lack of lubrication, improper maintenance, improper use, modifications, and use with improper fluid or fluid levels, improper or contaminated air supplies, accident, shipping damage, or any other cause not resulting from defective materials or workmanship.
Wear parts are not covered by Compac’s 3 year warranty:
The replacement intervals for these parts depend on the extent to which the product is used and how well it is maintained. These parts can be considered equivalent to the brake pads, tyres, oil filters etc on a new car which are not covered by factory warranties either.
What should you do if you have a problem with a Compac product?
Contact Calfinn Pty Ltd or the dealer where you purchased the product. In most cases Calfinn Pty ltd or your dealer will be able to recommend how to solve the problem on site. This saves you the inconvenience of having to send the product out for repair. Easy to read trouble shooting guide are available at www.compac.dk in the service section.
Local warranty agreements exist between the importer/distributor. If your Compac product requires service or repair, please contact Calfinn Pty Ltd or the dealer where you purchased the product for information on how to arrange for your product dealt with.
What to do when sending a product in for warranty repair.
1: Contact Calfinn Pty Ltd or your Compac Dealer.
2: Include a copy of the original invoice.
3: Include a description of the problem.
During the warranty period any equipment found to be defective will be repaired or replaced at the importers discretion. Calfinn Pty Ltd will determine whether the product is eligible for warranty repair. The cost of non-warrantable service, repair and freight is the customer’s reasonability.
Any equipment repaired or replaced within the warranty period shall not extend the original warranty period. Any purchased service parts that prove defective with respect to materials or workmanship will be replaced or repaired by the importer, if said defect occurs within 90 days of purchase. Repair or replacement is the exclusive remedy for defective equipment under this warranty. This warranty replaces all other warranties, including any implied warranty of merchantability or fitness for a particular purpose. Claims can be accepted only where the fully assembled equipment is submitted to the repair facility