Rossco Engineering and Sales Pty Ltd warrants each new product to be free from defects in material and workmanship. This warranty is applicable only for the normal service life expectancy of the product or components, not to exceed Twelve (12) consecutive month’s from the date of delivery or the date of the first use of the new product to the original purchaser.
Genuine Rossco Engineering and Sales Pty Ltd replacement parts and components including consumable items will be warranted for Six (6) months from the date of purchase, or the remainder of the original equipment warranty period, whichever is longer.
Under no circumstances does this warranty cover any merchandise or components thereof, which, in the opinion of the company, has been subject to misuse, unauthorised modification, alteration, and accident or if repairs have been made with parts other than those obtainable through Rossco Engineering and Sales Pty Ltd.
Rossco Engineering and Sales Pty Ltd in no way warrants engines, batteries, tyres, Hydraulics or other trade accessories since these items are warranted separately by their respective manufacturer.
Our obligation under this warranty shall be limited to repairing or replacing, free of charge to the original purchaser, any part that, in our judgment, shall show evidence of such defect, provided further that such part, if so requested shall be returned within forty-five (45) days from date of failure to Rossco Engineering and Sales Pty Ltd, routed though the dealer and distributor from whom the purchase was made, transportation charges prepaid.
This warranty shall not interpret to render Rossco Engineering and Sales Pty Ltd or dealer liable for injury or damages of any kind or nature to person or property. This warranty does not extend to any expense or loss incurred for labour, substitute machinery, rental or for any other reason.
Except as set forth above, Rossco Engineering and Sales Pty Ltd shall have no obligation or liability of any kind on account of any of its equipment and shall not be liable for special or consequential damages Rossco Engineering and Sales Pty Ltd make no other warranty, expressed or implied, and, specifically, Rossco Engineering and Sales Pty Ltd disclaims any implied warranty or merchantability or fitness for a particular purpose. Some States do not permit limitations or exclusion of implied warranties or incidental or consequential damages, so the limitations or exclusion in this warranty may not apply.
This warranty is subject to any existing conditions of supply which may directly affect durability to obtain materials or manufacture replacement parts. Rossco Engineering and Sales Pty Ltd reserves the right to make improvements in design or changes in specifications at any time, without incurring any obligation to owners of units previously sold.
No one is authorised to alter, modify or enlarge this warranty nor the exclusion, limitations and reservations.
(a) These Terms apply to all transactions between the Customer and Rossco relating to the provision of Goods and Services, including all quotations, contracts and variations. These Terms take precedence over Terms of Trade contained in any document of the Customer or elsewhere.
(b) The variation or waiver of a provision of these Terms or a party's consent to a departure from a provision by another party is ineffective unless in writing signed by the parties.
(c) Rossco may amend any details in a Quote by notice in writing to the Customer. Such amended details supersede any relevant prior detail in dealings between the parties.
(d) Rossco provides these Goods and Services under the understanding that the Customer acknowledges that Rossco may need to incur Additional Charges to seek further support related to industry safety or quality standards in order to provide the Customer with the Goods and Services ordered.
(a) Rossco may provide the Customer with a Quote. Any Quote issued by Rossco is valid for 30 days from the date of issue.
(b) Unless otherwise expressly agreed in writing, a Quote does not include delivery and/or installation of the Goods.
(c) Quotes are based upon the cost of materials available at the time of preparation of the Quote and assume the timely supply by the Customer of necessary material and instructions to Rossco.
(d) Following provision of a Quote to the Customer, Rossco is not obliged to commence work until the Quote has been accepted by the Customer by completing an Order form and returning the form to Rossco.
(e) Rossco reserves the right to amend any Quote before the Order has been completed to take into account any rise or fall in the cost of completing the Order or additional requests or modification to the standard Goods to be supplied. Rossco will notify the Customer of any amendment as soon as practicable, at which point the amended Quote will be the estimate or Quote for the purposes of these.
(f) An indication in a Quote of the time frame for the provision of the Goods or Services is an estimate only and is not a fixed time frame. Subject to any obligations in respect of consumer guarantees under the Australian Consumer Law, this estimate is not binding upon Rossco. However, Rossco will endeavour to inform the Customer as soon as practicable of any unexpected delays in production. It is the responsibility of the Customer to request in writing to Rossco any specific time frame requirements for the supply and delivery of the Goods.
(a) Every Order by the Customer for the provision of Goods or Services must be submitted in writing on Rossco's standard Order form (unless otherwise agreed).
(b) An Order will not be placed by the Customer unless the Order clearly identifies the Goods or Services ordered and Rossco's Quote. Any costs incurred by Rossco in reliance on incorrect or inadequate information may result in the imposition of an Additional Charge.
(c) Orders must be signed by an authorised representative of the Customer and must specify the required date of delivery.
(d) Placement of an Order by the Customer signifies acceptance by the Customer of these Terms and the most recent Quote.
(e) Rossco may in its absolute discretion refuse to provide Goods or Services where:
(i) Goods are unavailable for any reason whatsoever;
(ii) credit limits cannot be agreed upon or have been exceeded; or
(iii) payment for Goods or Services previously provided to the Customer or any related corporation of the Customer or to any other party who is, in the reasonable opinion of Rossco, associated with the Customer under the same or another supply contract, has not been received by Rossco.
(f) An Order cannot be cancelled without the prior written consent of Rossco. Where an Order is cancelled, the Customer indemnifies Rossco against any Losses incurred by Rossco as a result of the cancellation, including, but not limited to loss of profit from other orders foregone as a result of the scheduling of the Order which is subsequently cancelled.
(a) The Customer may request that its Order be varied by providing a request in writing to Rossco. A request for a variation must be agreed to in writing by Rossco in order to have effect.
(b) If the Customer wishes to vary its requirements after a Quote has been prepared or after the placement of an Order, Rossco reserves the right to vary the Quote to include any Additional Charge in respect of any extra costs incurred or additional work carried out due to the variation, in accordance with its then current charge rates. A revised Quote issued by Rossco in respect of the requested variation supersedes the original Quote. If the revised Quote only specifies additional work, the Quote for that additional work will be in addition to the immediately preceding Quote for the Goods and/or Services.
(c) Rossco has an automatic extension of time for the provision of the Goods or Services equal to the delay caused by the variation.
(a) Rossco may in its absolute discretion, issue an invoice to the Customer in any one or more of the following ways:
(i) prior to commencing the provision of the Goods or Services, for an amount equal to the Quote and Additional Charges where Rossco has not previously carried out work for the Customer or where Rossco chooses to do so;
(ii) at the end of each week before the Order is completed, Rossco may issue one or more invoices for a proportion or the whole of the amount of the Quote (the proportion to be calculated at Rossco's discretion either for work done to that point, work in the future or both) and require that proportion of the Quote be paid in advance of any further Goods or Services being provided; or
(iii) upon completion of the provision of the Goods or Services or any time thereafter, for an amount equal to the Quote or the balance of the Quote outstanding, any Additional Charges and any amount not previously invoiced, or if no Quote was provided, for an amount representing Rossco's charge for the work performed in completing the Order and for any Additional Charges.
(iv) Upon completion and delivery of the Goods and Services to the Customer
(b) The amount payable in an invoice is as per the Quote and any Additional Charges.
(c) The Customer must pay an invoice issued by Rossco to Rossco strictly in cash on delivery of the Goods and Services being delivered or within specified days of a valid tax invoice being issued to the Customer.
(d) If any invoice is due but unpaid, Rossco may withhold the provision of any further Goods or Services until overdue amounts are paid in full.
(e) Rossco may in its complete discretion apply any payment received from the Customer to any amount owing by the Customer to Rossco.
(f) The Customer is not entitled to retain any money owing to Rossco notwithstanding any default or alleged default by Rossco of these Terms, including (but not limited to) the supply of allegedly faulty or defective Goods, provision of Services to an inadequate standard or a delay in the provision of Goods or Services. Nothing in this paragraph affects the Customer's rights for any alleged failure of a guarantee under the Australian Consumer Law.
(g) The Customer is to pay Rossco on demand interest at the rate of 10% per annum on all overdue amounts owed by the Customer to Rossco, calculated daily.
(h) All costs and expenses associated with collecting overdue amounts, including (but not limited to) legal fees and internal costs and expenses of Rossco, are to be paid by the Customer as a debt due and payable under the Terms.
(i) No refunds will be paid by Rossco to the Customer for the cancellation of an Order unless the Customer notifies Rossco’s management in writing prior to the commencement of the work required by the Order.
(j) The Customer and Rossco agree to comply with their obligations in relation to Goods and Services Tax (GST) under the A New Tax System (Goods and Services Tax) Act 1999 and any other applicable legislation governing GST.
(a) Rossco may require the Customer to pay Additional Charges in respect of Costs incurred by Rossco as a result of reliance on inadequate or incorrect information or material provided by the Customer or information or material supplied later than required by Rossco in order for it to provide the Goods or Services within the specified time frame (if any).
(b) The imposition of Additional Charges may also occur as a result of cancellation by the Customer of an Order where cancellation results in Loss of Rossco, storage costs for goods not collected from Rossco within 7 days of the date on which the Goods are manufactured, fabricated, created or formed at the rate set out in the Quote, photocopying, communication costs, couriers, packing and handling, Government or council taxes or charges, additional work required by the Customer or any other occurrence which causes Rossco to incur costs in respect of the Customer's Order additional to the quoted cost.
(c) Any Additional Charges for Transport arrangements of the Goods must be confirmed with Rossco within 7 days of product completion
If the Customer fails to advise Rossco in writing of any fault in Goods or failure of Goods to accord with the Customer's Order within 48 hours of delivery, the Customer is deemed to have accepted the Goods and to have accepted that the Goods are not faulty and accord with the Customer's Order. Nothing in this paragraph affects the Customer's rights for any alleged failure of a guarantee under the Australian Consumer Law.
Rossco offers a limited warranty as set out on Rossco’s website www.rosscoengineering.com.au under Legal Notices.
In these Terms of Trade:
Additional Charge means:
(a) fees or charges for additional work performed at the Customer's request or reasonably required as a result of the Customer's conduct, calculated in accordance with Rossco's then current prices
(b) expenses incurred by Rossco, at the Customer's request or reasonably required as a result of the Customer's conduct
(c) Delivery and freight charges
Customer means the person identified on a Quote or Order as the customer and includes the Customer's agents and permitted assigns.
Goods means any goods supplied by Rossco including those supplied in the course of providing Services to manufacture, repair and / or install products designed professionally by consulting engineers or designed in-house by trade qualified metal fabrication engineering staff.
Loss includes, but is not limited to, costs (including, but not limited to, party to party legal costs and Rossco's legal costs), expenses, lost profits, award of damages, personal injury and property damage.
Order means a purchase order for Goods or Services placed by a Customer in response to a Quote and as varied in writing from time to time by the parties.
Quote means a written description of the Goods or Services to be provided, an estimate of Rossco's charges for the performance of the required work and an estimate of the time frame for the performance of the work.
Services means the services to be provided by Rossco to the Customer in accordance with a Quote and these Terms and conditions.
Rossco means Rossco Engineering and Sales Pty Ltd and includes Rossco's agents and permitted assigns.