TERMS OF TRADING WITH GREEN TURNERS
- DefinitionsUnless the context otherwise requires:-
- “Buyer” means the Buyer named in the Tax Invoice
- “Contract” means the Contract incorporating these Terms and Conditions and the Tax Invoice
- “Deposit” means the deposit specified in the Tax Invoice
- “Goods” means the goods described in the Tax Invoice and includes any associated equipment/accessories, _parts, attached to, or tools supplied with, the Goods.
- “GST” means the tax that is payable under A New Tax System (Goods and Services Tax) Act 1999, as amended.
- “Person” includes a corporation
- “Purchase Price” means the price payable for the Goods, including GST, as indicated in the Tax Invoice
- “Terms Contract” means a contract whereby possession of the Goods is given by Green Turners to the Buyer prior to the payment of the whole Purchase Price
- “Green Turners” means trading name trading under Online Brokers Pty Ltd, ABN 58113157814.
- Offer and Acceptance
2.1 Any quotation made by Green Turners is not an offer to sell and no order given in pursuance of any quotation shall be binding until accepted by Green Turners in a Tax Invoice.
2.2 These Terms and Conditions of Sale represent the only terms and conditions authorised and accepted by Green Turners and shall apply to and form part of any contract arising from acceptance in writing by Green Turners or any order placed by the Buyer.
2.3 Any order placed by the Buyer for goods embodying terms inconsistent with these Terms and Conditions shall be deemed to be excluded from this Contract.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed to in writing by Green Turners.
- Deposit
3.1 The Buyer is not entitled to a refund of the Deposit if:
3.1.1 It has been paid under a contract where Green Turners is requested by the Buyer, and the Buyer fails to complete the contract of sale other than through the fault of Green Turners;
- Payment
4.1 The Buyer must pay the balance Purchase Price for the Goods to Green Turners when notified that the Goods are available for Delivery to the Buyer.
4.2 Any payment to be made by the Buyer shall be deemed not to have been made until received by Green Turners in cleared funds.
- Delivery
5.1 Delivery of the Goods shall be made by Green Turners notifying the Buyer that the Goods are available for collection at Green Turners premises or for Delivery to such place and on such terms as agreed between Green Turners and the Buyer at the time the order is placed.
5.2 Green Turners will use its best endeavours to deliver the Goods on or before the Delivery Date but will not be held responsible for any delay or failure to so deliver on the Delivery Date.
5.3 Green Turners will not be responsible for any undue delay or failure to deliver or perform by reason beyond Green Turners control or for any contingent or consequential loss or damage arising from such delay or failure.
- Buyer’s Risk
Risk of loss or damage to the Goods shall pass to the Buyer on delivery to or collection by the Buyer of the Goods.
- Retention of Title
8.1 Until the Goods are paid for in full;
8.1.1 Ownership of the Goods shall remain with Green Turners but the risk shall pass to the Buyer as provided for in clause 7;
- Default by Buyer
9.1 The Buyer will be in default under this Contract if, within 2 working days from Green Turners notifying the Buyer that the Goods are ready for delivery, the Buyer refuses or fails to pay for or take delivery of the Goods, refuses or fails to pay all monies owing to Green Turners prior or on delivery or defaults in any way.
9.2 If the Buyer is in default under this Contract, Green Turners may at its option and notwithstanding that property in the Goods has not passed to the Buyer, sue for and recover the balance of the Purchase Price outstanding and any expenses and costs and interest incurred as a consequence of the Buyer’s default as aforesaid and any monies paid by the Buyer shall be forfeited to Green Turners.
9.3 The Buyer will also be in default of it if:
9.3.1 ceases to carry on its business or threatens to do so;
9.3.2 becomes insolvent;
9.3.3 commits an act of bankruptcy;
9.3.4 in the case where the Buyer is a company, an Administrator is appointed or a receiver or receiver and manager are appointed to any of its assets;
9.3.5 A petition is presented for its winding up;
9.3.6 it enters into any arrangement with its creditors.
9.4 Where the Buyer has made default under this Contract;
9.4.1 The whole of the balance of the Purchase monies remaining unpaid shall immediately become due and payable and recoverable by Green Turners;
9.4.2 Green Turners shall have the right to repossess the goods at any time and to enter the premises of the Buyer for such purpose without liability and without prejudice pursue any other legal remedy available to Green Turners.
- Warranty
10.1 Green Turners provides 12 month warranty on our Compost Turners in normal agricultural and farming use and 4 months for industrial usage, against normal wear usage on the main compost turner. There is no warranty granted on drum/paddle damages due to the nature of the machine. All other parts are under and subjected to the suppliers 12 month warranty and conditions.
10.2 Green Turners takes no responsibility for the repair of any products rendered defective or damaged through normal wear and tear or incorrect use of the product. Green Turners does not provide warranty on tyres. Repairs are carried out by the owner and is the responsibility of the owner to check when repairs are required.
10.3 Green Turners does not provide warranty on any product that has undergone modification.
10.4 Green Turners reserves the right to determine whether the product is defective.
10.5 Green Turners does not accept responsibility for any product, which is damaged in transit for delivery purposes.
10.6 Warranty will be voided if the instructions, specifications and guideline within the operation manual are not fully complied with.
10.7 Proof of purchase plus proof of the defect will be required and must be received by Green Turners within 7 days of product failure and prior to the (12) month period from date of purchase.
10.8 If parts are required or may to be returned to Green Turners as part of the warranty process the freight cost each way will be paid by the owner/ purchaser of the compost turner.
Product specifications are subject to change due to our policy of improvement. Design changes and improvements can be made by
Green Turners whenever we believ the effectiveness of our compost turners can be improved.
Warranty Process
- Contact Green Turners by email
- Photos and or video footage may be required with a short description of the problem
- The claim will be assessed by Green Turners to determine whether the warranty claim will be approved. This can take up to 7 working days.
- Limitation of Liability
11.1 At the time of Delivery of the Goods, the Buyer must satisfy itself that the Goods are in accordance with the description included.
11.2 To the extent permissible by law all conditions, warranties and liabilities, whether expressed or implied, which are not expressly set out herein, are excluded. Without limiting the generality of the preceding sentence and to the extent permissible by law, Green Turners shall not be liable for any loss or damage (including special or consequential loss or damage) arising out of or in connection with this Contract or the supply of goods pursuant thereto whether caused by negligence on the part of Green Turners or any person acting with or without the authority of Green Turners or by breach of any terms, conditions or warranty whether expressed or implied.
- Proper Law
12.1 This Contract shall be governed by and interpreted in accordance with the laws of the State in which Green Turners has its place of business.