Terms & Conditions


The Trustee for the Votek Family Trust T/A Bridge Cranes –
Terms & Conditions of Trade
1. Definitions

1.1      The Trustee for the Votek FT T/ABridge Cranes shall mean
Bridge Cranes, its successors and or any person
acting on behalf of and with the authority of Bridge Cranes.

1. 2     Customer shall mean the Customer
(or any person acting on behalf of and with the authority of   the  Customer)
as described on any quotation, work authorities or other form as provided by
Bridge Cranes to the Customer.
1.3      Guarantor means that person (or persons),
or entity, who agrees to be liable for the debts of the Customer on a principal
debtor basis.
1.4      Goods shall mean Goods supplied
by Bridge Cranes to the Customer (and where the context so permits shall include
any supply of Services as hereinafter defined) and are as described on the
invoices, quotation, work authorisation or any other forms as provided by
Bridge Cranes to the Customer.
1.5     Services shall mean all Services
supplied by Bridge Cranes to the Customer and includes any advice or
recommendations (and where the context so permit shall include any supply of
Goods as defined above)
1.6     Price shall mean the price
payable for the Goods as agreed between Bridge Cranes and the Customer in
accordance with clause 4 of this contract.
2.      The Commonwealth Trade Practises Act 1974 (TPA) and Fair Trading Acts
(FTA) and application of these terms and conditions to consumers
2.1    Nothing in this agreement is
intended to have the effect of contracting out of any applicable provisions of
the TPA or the FTA in each of the States and Territories of Australia, except
to the extent permitted by those Acts where applicable.
3.       Permits, Access, Installation
It shall be the responsibility of the customer to obtain at his own expense
such permit license or other approval as may be necessary or as may be required
to be obtained for the purposes of the contract and where under the contract
the Company is required to install connect, wire, test, commission or carry out
any other works after delivery of the equipment or part thereof to the delivery
point the customer shall at all times provide a suitable site for the equipment
and suitable access thereto and the customer shall provide at all times such
facilities and assistance as the Company may from time to time require to
enable it to install, connect, wire, test, commission or carry out such works.
4. Delivery, Completion Dates
4.1       Delivery dates or periods or
completion dates stated in the contract are approximate and unless otherwise
stated in writing by the Company dates and periods of delivery or completion
are not essential terms of the contract. The Company will make all reasonable
endeavours to make delivery or complete any works by such dates or within such periods
but subject thereto the Company shall not be held liable for any delay in the
works however caused and nothing in the clause shall be so construed as to
require the Company to carry out any of the works other than during normal working
hours or to incur any additional costs or expense.
4.2       Subject only to the provisions
contained in the preceding paragraph the Company may at its option make
delivery to the delivery point at such time or times and by such means as the
Company may from time to time decide of part of the equipment and of any
materials required for the construction installation, connection, wiring,
testing, commissioning or completion of the works and customer shall not
neglect or refuse to take delivery of the equipment or parts thereof or of any
materials aforesaid as and when delivery thereof is made by the Company.
5.          Frustration
The Company contracts to carry out the works save insofar as it is legally or
physically impossible and where the contract becomes impossible of performance
or is otherwise frustrated or where the contract is avoided by the operation of
laws and the parties are for the reason discharged from the further performance
of the contract the Company may retain in respect of all sums paid by the
customer or may recover from the customer whether or not the customer has
obtained any benefit under the contract an amount equivalent to the expenses
incurred by the Company in or for the purpose of the performance of the
Contract before the time of discharge including those reasonable incurred after
the occurrence of the frustrating event plus five per centum thereof.
6.           Customers’ Bankruptcy
Liquidation, Non-payment
6.1         In the event of the
bankruptcy liquidation (other than for the purpose of reconstruction or
amalgamation only) or insolvency or the appointment of a Receiver of the
customer or of the customer making any arrangement for the benefit of his
creditors or in the event of non-payment by the due date of the contract price
or any part thereof or any sums payable under the contract the Company shall be
entitled either:
6.2          to treat the contract and
further any other contract between the Company and the customer as thereby
wrongfully repudiated by the customer and to recover from the customer any
money then due there under and damages in respect of its loss thereby
occasioned or
6.3          suspense further performance
of the contract until the customer shall have paid all monies due there under.
In the event of the Company treating the contract or any other contract as so
repudiated the Company shall be entitled to sell any or all undelivered parts
of the equipment in whatever state of manufacture and to set off the net
proceeds of such sale against the said monies and damages.
7.            Liability
7.1           The Company undertakes to
maintain the works for a period of three months immediately following the date
of completion there of remedying during such period without cost to the
customer all defects in the works caused by faulty workmanship or material and
which shall become apparent during such period and be notified in writing to
the Company. This undertaking is given in lieu of any other rights that would
otherwise be conferred on the customers under any law save that this express
undertaking does not exclude any conditions or warranties implied into this
agreement by the provisions of the Trade Practices Act 1974 or by any other
Federal or State laws to the extent that such conditions or warranties may not
be excluded by express agreement.
7.2           Subject to Clause 7 hereof
the Company shall not be liable to the customer whether in Contract, Tort or
otherwise for any of the following:
(i)    any loss of profits or any other
consequential loss or damage caused to the customer by any delay in delivery or
in the completion of the works or any part of the them or caused to the
customer by any matter, tact or circumstance not within the complete control of
the Company;
(ii)   any loss or damage to the equipment
or any part thereof after the same have ceased to rest on the delivery vehicle
unless such loss or damage was caused solely by the Company’s negligence or the
negligence of the Company’s servants or agents in the course of installing,
connecting, wiring, testing commissioning or carrying out such other works
after  delivery to the delivery point but
save as aforesaid the Company shall not be liable for and the customer shall
not seek to recover from the Company its servants or agents any damages, compensations
or reimbursement for any loss it or its servants or agents suffer or may suffer
howsoever any by whosoever caused whether in the course of installing,
connecting, wiring, testing, commissioning, or carry out such other works or
not
(iii)          any injury, damage or loss including loss of
profits, consequential damage or loss whether to persons or property arising
out of this contract or the works delivered or installed pursuant hereto
including any defects therein or anything connected therewith or with repair or
replacement or any other work related thereto.
If the basis of the contract is such that the customer is a consumer as defined
in the Trade Practices Act 1974 or in any other law of the Commonwealth (or any
State or Territory) of Australia, the customer’s rights shall be governed by
the provisions of the said Act or any such law to the extent that such
liability may not be excluded by the express agreement, If liability may not be
excluded by the express agreement and where the work to be provided by the
Company is not of a kind ordinarily acquired for personal, domestic or
household use or consumption, then the 
liability of the Company for a breach of a condition or warranty implied
by the Trade Practises Act 1974 (other than a condition or warranty implied by
Section 69) or by any other Federal or State Laws shall be limited to such of
the following as shall be fair and reasonable in all the circumstances:
(i)     the replacement of the goods;
(ii)    the supply of equivalent  goods;
(iii)   the repair of the goods; or
(iv)   the payment of the cost of any of
the above.
8.          Contract Price, Payment
Terms, Interest Charges
8.1       The customer shall pay the
price stated in the contract and if there shall be an increase during the
currency of the contract in the costs of labour materials or other costs or
expenses there shall be an adjustment to the price stated proportionate to such
increase in the costs of labour materials or other costs or expenses  and in that event the contract price payable
by the customer shall be the stated price adjusted as aforesaid. The customer
shall pay the contract price at the time stated in the contract and if under
the contract the customer is required to make payment thereof by instalments or
to make advance payments the customer shall make such payments at the time
stated in the contract. Without prejudice to Condition 6 in the event of the
customer failing for a period of seven days after the same becomes payable to
make payment of any part of the contract price the Company shall be entitled to both
cease operations until payment is received and, at the Companys’ discretion, charge against the customer interest on such unpaid money at the rate of twelve
per centum per annum from the time of its becoming due until actual payment.
8.2     Ownership of Property in the goods
shall not pass to the customer but shall remain with the Company until the
Company has received payment of all amounts due to it under the contract; until
the Company receives payment in full of all goods. The customer shall however
not present to any third parties that it is in any way acting for the Company
and the Company will not be bound by any contracts with third parties to which
the customer is party. Records shall be kept by the customer of any goods owned
by the Company. Without affecting the customer’s right to credit until the
Company has been paid in full the proceeds of sale of the goods shall be paid
into a separate account and the customer shall account to the Company from this
fund for the full price of the goods. In the event of default by the customer
in payment of the goods or payment of the balance of the goods or in the event
that the customer commits an act of bankruptcy or a receiver is appointed over
the customer of the customer goes into liquidation the Company is hereby
expressly authorized to enter into and upon any premises where the goods may,
from time to time, be stored by the customer and to take possession of the
goods and to deal in and with the goods as the owner thereof.
8.3      Full and final payment for all
goods and services provided by the company to the customer must be received
within 30 days from the end of the month following completion of the work or
delivery of the goods.
Delays in payments shall result in an interest charge being charged by the
company to the customer. Full and final payment for all goods and services
shall not be contingent on payment to the customer by a third party.
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