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(Queensland, Australia – Dinasaw Pty Ltd)
1.1 “Seller” means Dinasaw Pty Ltd (ABN: 53 669 202 591), its successors and assigns.
1.2 “Buyer” means any person, company or entity purchasing Goods from the Seller.
1.3 “Goods” means products, machinery, consumables, or services supplied by the Seller.
1.4 “Terms” means these Terms and Conditions of Sale.
2.1 These Terms apply to all quotations, sales, and supply of Goods by the Seller to the Buyer.
2.2 No variation or amendment will be binding unless confirmed in writing by the Seller.
2.3 These Terms prevail over the Buyer’s terms of purchase (if any), unless expressly agreed in writing.
3.1 Quotations are valid for 30 days unless otherwise stated.
3.2 An order is deemed accepted only when confirmed in writing by the Seller.
3.3 The Seller reserves the right to refuse any order at its discretion.
4.1 Prices are in Australian dollars (AUD) and exclude GST unless otherwise stated.
4.2 The Seller may vary prices without notice for future orders.
4.3 Payment terms are Cash unless otherwise agreed in writing by the Seller.
4.4 Interest may be charged on overdue amounts at 10% per annum (or the maximum rate permitted by law).
4.5 The Buyer shall pay all costs of recovery (including legal costs on a solicitor-client basis).
5.1 Delivery dates are estimates only; the Seller is not liable for delays outside its control.
5.2 Risk in the Goods passes to the Buyer upon delivery.
5.3 The Buyer is responsible for insurance from the time of delivery.
6.1 Title remains with the Seller until full payment has been received.
6.2 Until title passes, the Buyer holds Goods as bailee and must store them separately, clearly identifying them as the Seller’s property.
6.3 If the Buyer fails to pay, the Seller may repossess the Goods without notice, in compliance with the Personal Property Securities Act 2009 (Cth).
7.1 The Seller warrants that Goods are supplied in accordance with Australian Consumer Law (ACL) guarantees.
7.2 Except as required under the ACL, all other warranties are excluded to the fullest extent permitted by law.
7.3 Warranty claims must be made in writing within the warranty period specified by the Seller and sent to sales@dinasaw.com.au.
8.1 Returns will only be accepted where required under the ACL or with the Seller’s prior written consent.
8.2 Goods must be returned in original condition, with proof of purchase, at the Buyer’s expense unless otherwise required by law.
8.3 Restocking fees may apply for change-of-mind returns (where permitted).
8.4 To request a return, contact sales@dinasaw.com.au.
9.1 To the fullest extent permitted by law, the Seller’s liability for breach of these Terms or ACL guarantees is limited, at the Seller’s option, to:
a) replacement of the Goods;
b) repair of the Goods; or
c) refund of the purchase price.
9.2 The Seller shall not be liable for indirect, consequential, or special losses, including loss of profit, downtime, or business interruption.
10.1 The Seller is not liable for any delay or failure to perform due to events beyond its reasonable control, including but not limited to industrial disputes, natural disasters, equipment breakdown, or transport delays.
11.1 These Terms are governed by the laws of Queensland, Australia.
11.2 The parties submit to the non-exclusive jurisdiction of the courts of Queensland.
12.1 If any clause of these Terms is held to be invalid or unenforceable, the remainder continues in full force.
12.2 Failure by the Seller to enforce any clause shall not be deemed a waiver of rights.