MachinerySpecialist.com is owned and operated by Miratech pty ltd.
Miratech pty ltd is registered ABN 92164084799, also trading as Machinery Specialist.
Miratech pty ltd sales terms and conditions.
1- All new and used vehicles, machinery, plant and equipment, spare parts, other goods and all services, including all parts used in the rebuilding or repair of any plant and equipment (all of which are collectively referred to as Goods), sold and/or supplied to you by Miratech Pty Ltd ABN 92164084799 are sold and/or supplied on these terms and conditions (Terms) and any document to which these Terms are attached (together the Contract). In these Terms you are referred to as the Customer.
2- The Contract constitutes the entire agreement between the parties relating in any way to its subject matter. All previous negotiations, agreements, understandings, representations, warranties, statements, memoranda or commitments about the subject matter of the Contract are of no further effect. For the avoidance of doubt, these Terms prevail over any terms and conditions of the Customer, whether incorporated into the Customer’s response to a quote or other instructions given to Miratech by the Customer in relation to the supply and sale of Goods to the Customer by Miratech (Order).
Any quotation or estimate or price given by Miratech is non binding, and no Order given to Miratech following a quotation, estimate or price, or otherwise, will bind Miratech until it is accepted by Miratech and also our relative supplier for that product or service. in accordance with clause In this clause 3 “acceptance” means the earlier of:. All quotations, estimates and prices are subject to withdrawal or variation by Miratech at any time prior to acceptance of an Order by Miratech.
4- OFFER & ACCEPTANCE
a. Immediately upon acceptance by customer of an Order, a binding contract exists between Miratech and the Customer. Each contract shall automatically incorporate and be subject to these Terms.
b. In this clause OFFER & ACCEPTANCE “acceptance” means the earlier of:
b.i. when the Goods are supplied to customers or the Order is filled by customer;
b.ii. When Customer accepts a Miratech offer by email
b.iii. Customer sending purchase order or paying a deposit
Should any factors such as exchange rate, import taxes, GST rates and etc alter prior to delivery, we reserve the right to adjust the price. At the time of order and in the event the currency exchange rate has altered from the rate at the time of the quotation by more than +/- 0.05% the quotation may be adjusted to reflect the Current exchange rate. Please confirm the final price at time of ordering.
Unless agreed in written and confirmed in written by Miratech management, Goods must be completely paid prior to delivery at customer yard. Any warehouse and storage cost due to customers delays in payments will be charged to the customer.
In the event the customer cancels the order any and all deposits, and payment made against order are none-refundable.
Miratech reserves then right to cancel orders in the event invoices are not paid by the customer within 14 days of presentation, in which case all prior payments made to Miratech against the order are none refundable
Miratech may subcontract part or all of an Order without the consent of the Customer.
7- RISK AND INSURANCE
- a. Risk in the Goods passes to the Customer on delivery to door.
- b. The Customer must insure the Goods with an insurance company with an S&P Financial rating of not less than “A” for their full replacement value against loss or damage including but not limited to fire, malicious damage, theft and transit risks from the time risk in the Goods passes to the Customer until the time that title in the Goods passes to the Customer. Such insurance must cover the respective rights and interests of the Customer and Miratech
- c. To the extent permitted by law, the Customer indemnifies, and keeps indemnified, Miratech from and against all losses and claims arising out of, under or in connection with the Goods once risk has passed to the Customer.
8- RETENTION OF TITLE
- a. Despite the delivery of and the passing of risk in the Goods, or any other provision of the Contract, title, property and ownership in any Goods sold or supplied will not pass to the Customer but will remain in Miratech until payment of the Price and of all other amounts owing by the Customer to Miratech has been made in full, cleared funds.
- b. Until title in the Goods passes to the Customer, it:
- b.i. holds the Goods as bailee and fiduciary agent for Miratech;
- b.ii. must store the Goods separately from all other property possessed by it in a way which makes the Goods readily identifiable as goods belonging to Miratech;
- b.iii. must not affix the Goods to any item of real or personal property without the prior written consent of Miratech;
- b.iv. must not sell the Goods or allow the Goods to be resold; and
- b.v. must not incur any liability, make any representation or accept any obligation on behalf of Miratech in respect of the Goods.
Miratech may terminate the Contract immediately by written notice if the Customer:
- a.i. commits a breach of the Contract and that breach is not remedied to Miratech satisfaction within fourteen (14) days after receipt of written notice of the breach from Miratech;
- a.ii. becomes insolvent, or proceedings are commenced to appoint a liquidator in respect of the Customer or the Customer is placed under an official management or administration (whether voluntary or otherwise) or any trustee, receiver or receiver and manager is appointed in respect of any material part of the Customer’s assets; or
- a.iii. any other event occurs or circumstance arises, financial or otherwise, which in the opinion of Miratech is likely to materially affect the Customer’s ability to meet its obligations to Miratech.
If Miratech terminates the Contract pursuant to clause Miratech may terminate the Contract immediately by written notice if the Customer: above, then:
- a.i. all amounts owing by the Customer to Miratech shall immediately become due and payable, irrespective of any credit arrangements;
- a.ii. the Customer must immediately pay Miratech the proceeds which have been held by the Customer in trust for Miratech
- a.iii. Miratech shall immediately be entitled to retake possession of all Goods then in the possession or under the control of the Customer and may sell such Goods; and
- a.iv. where Miratech has supplied and fitted parts and materials to a machine, Miratech may take possession of the entire machine in question (and remove the machine to Miratech premises) for the purposes of removing Miratech parts and materials from the machine.
- a.v. For the purpose of enabling Miratech to retake possession of the Goods, the Customer irrevocably:
- a.vi. authorises Miratech to enter any of the Customer’s premises in which the Goods may be located from time to time; and
- a.vii. appoints Miratech as its agent to enter any premises not owned by the Customer and in which any Goods may be located from time to time.
- a.viii. The Customer, or anyone claiming under or through the Customer, shall not have any claim of any kind howsoever arising against Miratech, or any of its servants or agents, as a consequence of any act or omission under this clause and Miratech shall not be obliged to restore any machine after removing Miratech’s parts and materials.
- a.ix. The provisions of this clause DEFAULT shall apply notwithstanding any arrangement between Miratech and the Customer, whether set out in the Contract or not, whereby the Supplier grants (or has granted) to the Customer credit for the purchase of the Goods.
11- FORCE MAJEURE
- a. Miratech is not obliged to perform any obligation pursuant to the Contract to the extent and for the period that, by reason of any fact, circumstance, matter or thing beyond Miratech’s reasonable control, Miratech is unable to perform, in whole or in part, that obligation.
- b. To the extent Miratech is entitled to an adjustment of an of obligation pursuant to clause 11.a by reason of any fact, circumstance, matter or thing which is caused by an act or omission of the Customer or any of the Customer’s personnel, the Customer must reimburse Miratech for any losses incurred as a result, including all reasonable costs incurred by Miratech which include, without limitation, holding costs.
- c. To the extent the fact, circumstance, matter or thing referred to in clause 11.b continues for a period of 30 days, on the thirtieth day of that period, the Customer must pay Miratech the Price in accordance with the Contract as though delivery had occurred, irrespective of whether delivery has actually occurred. Miratech is not required to refund such an amount paid by the Customer except to the extent that delivery does not take place within 6 months from the commencement of that fact, circumstance, matter or thing.
- 12-1 All new and used (if any warranty offered) machinery and spare parts sold are subject to both Miratech and the original supplier warranty and sales terms and conditions.
A copy of the manufacturer terms and conditions can be supplied with our offer on buyers request.
- 12-2 Technicians & procedures approved by Miratech pty ltd must be utilised to validate warranty. Warranty repairs are based on being carried out during normal working hours Monday to Friday 7am to 3.30pm in capital cities Metro area. Repairs and parts supply are able to be carried out outside of these times or outside of Metro area at additional cost.
- 12-3 Any warranty claim must be approved by Miratech and the equipment/part manufacturer. If the fault is not caused by manufacturer fault, warranty claim will not be accepted and all parts and services must be paid by customer
- 12-4 Unless otherwise agreed in written, all parts supply and services during warranty time must be first booked and paid as normal sales/service case, and once warranty claim is approved, Miratech will not invoice the customer for parts or services, or in case it’s already paid, will credit the customer for the agreed amount.
- 12-5 All faulty parts that are recognized into warranty claim must be returned to Miratech at customer charge. If parts are not returned to Miratech, warranty claim will not be recognized and customers must pay for parts and services supplied.
- 12-6 Consumable parts are not recognized under warranty and must be purchased by customers after wear and tear.
13- GOODS & SERVICES TAX
Unless otherwise stated expressly all prices are exclusive of GST and the Customer must on demand pay to Miratech, and Miratech reserves the right to recover from the Customer, all GST payable in respect of the supply of the Goods to the Customer.
14- INTELLECTUAL PROPERTY
- a. All intellectual property rights subsisting in the Goods and any document, matter or thing prepared or written for the Contract or developed by Miratech for the supply of the Goods are, as between the Customer and Miratech, the sole and exclusive property of Miratech.
- b. The Customer acknowledges that copyright subsisting in the Goods has been authored by Miratech or its personnel. The Customer shall not do or permit to be done any act which would be contrary to the present or future moral rights of Miratech or its personnel in respect of the Goods.
15- LAW & JURISDICTION
The Contract is governed by and will be construed in accordance with the laws of New South Wales
16- CHANGES TO TERMS
Miratech reserves the right to change these Terms at any time and the Customer acknowledges and agrees that written notice to the Customer given by ordinary mail or email is deemed to be sufficient notice of any change and will bind the Customer in respect of any supply of Goods after the date of deemed notification.
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