The below standard terms & conditions of contract apply except where the quotation specifically states otherwise.
The price quoted will remain open for acceptance, subject to the Variation in Price Formula attached, for a period of three months from the date of the quotation.
Credit will only be approved after completion and return of the credit application form (copy attached) and satisfactory credit check approval.
Credit status may be reviewed and changed at any point if Mideco has cause to believe the customer’s credit worthiness has changed.
When Property Passes The property in goods sold under any particular invoice (“Goods”) will not pass from the Supplier to the Customer until all moneys which are or become due to the supplier by the Customer for the sale of the goods or any other goods supplied by the Supplier to the Customer have been paid for in full.
If additions or modifications to the equipment are requested by you our quotation will be adjusted to such extent as may be necessary having regard to the nature and extent of such additions or modifications but subject thereto all other conditions of the quotation shall continue to apply.
GST, if applicable, shall be extra and to your account.
You have the right to request ALL your data be stripped of personal identifiers. As a general subscriber, this means you’d be deleted from the list.
Any delivery period referred to in the quotation is subject to confirmation by us on receipt of your order and will commence from the date on which we have both your order and full particulars enabling us to proceed with manufacture of the equipment. Any delivery date is given as an estimate only and we do not accept any liability should this time be exceeded. It will be subject to revision if there are any delays caused by circumstances beyond our control. We reserve the right to deliver by instalments, each instalment to be separately invoiced for payment upon our stated terms.
Mideco reserves the right to defer despatch where full freight forwarding details have not been provided.
Without prejudice to the generality of any previous exclusion or limitation of liability the company shall not be liable for any failure to fulfil any term of any transaction governed by these conditions if fulfilment has been delayed, hindered or prevented by any circumstance whatsoever which are not directly within the Company’s control and if the Company is able to fulfil some but not all of the demand for its products the Company may allocate its available supplies amongst its customers, in such manner as the company in its absolute discretion considers to be fair.
We shall be responsible for any damage to the equipment up to the point of ex-stores delivery unless otherwise mentioned in the quotation, after which it shall be at your risk in all respects. Upon request we will arrange transport beyond the normal point of delivery mentioned in the quotation. Transport insurance will be affected by us at your expense, if so requested. War risk is not included and if deemed necessary shall be to your account.
When it is necessary to dispatch the equipment in other than fully assembled condition (which facts shall be stated in the quotation), assembly and erection will be your responsibility and to your account except where nominated in the quotation.
It is your responsibility to provide adequate access for entry and installation of equipment covered by the quotation.
This warranty extends to equipment manufactured by us in our works only and ancillary equipment such as fans, motors, drive, etc are covered by the original equipment manufacturers warranty. Any warranty expressed herein is offered subject to the equipment having been installed and operated in accordance with the written instructions provided by us. We warrant the product against defects in material and workmanship, under normal use and service for a period of 12 months from the date of commercial operation, or 15 months from the date of delivery ex-stores, whichever period first expires.
Our obligation under this warranty is limited to the repairing or furnishing, without charge FOBS our stores in Australia unless otherwise stated in the quotation, a replacement part to replace any part which is proven to have been defective. Any part so supplied shall be covered by warranty for the unexpired portion of the warranty period on the original equipment or for a period of ninety (90) days whichever is the greater. We shall have the option requiring the return of the defective part transportation prepaid to establish the claim. We shall not be held liable for damages or delay caused by defects in any such equipment. No allowance will be made for repairs or alterations without our written consent or approval. Filter bags are expressly exempted from this warranty as they are an expendable part of the filter.
We shall not be responsible in any way for the performance of any products sold by us under conditions varying from that for which the equipment was specifically offered nor for any damage to the product from abrasion, erosion, corrosion or deterioration or the like due to temperatures, influence of foreign matter or energy, nor for the effects of the physical or chemical products of water, or steam or chemical compound unless the product has been specifically offered and ordered for a specific duty involving such circumstances.
Our liability under any contract arising out of this quotation shall be limited to the warranty contained in Condition 13 with a total liability not exceeding the cost of the equipment, and save as aforesaid we shall not be liable in respect of the installation removal maintenance use or operation of the equipment nor for any damage caused thereby to any persons or property or otherwise.
Any contract arising out of the acceptance of the quotation shall in all respects be construed according to the laws of Victoria.
All drawings, weights, dimensions and quantities submitted with our quotation are approximate, are for quotation purposes only and must not be used for construction purposes. In the event of an order being placed, certified information will be supplied if requested by you. All drawings are and shall remain the exclusive property of MIDECO JIA PTY LTD, and may be recalled. They must be considered confidential and must not be loaned, copied or otherwise used without our consent.
Unless agreed to the contrary at the time of order the manual provided with each filter will be our generic manual and will be provided in PDF format by email, a return email confirming receipt will be required. Hard copies can be supplied at extra cost.
We reserve the right to make reasonable modifications in products of any kind without notice and to deliver revised designs or models of products against any order, unless this right is specifically waived by us in writing. Prior to making modifications of a major nature which may affect you in your contractual responsibilities, such modifications will be referred to you for acceptance.
The Tender is based on the layouts shown on the Tender drawings and/or information contained in the Specification. Alterations required to comply with the codes, rules or regulations of any Local Authority or public service company or Authority which has any jurisdiction with regard to the Works, or to comply with the requirement of the Environment Protection Authority in regard to the type and the location of discharges to air or water, may require alteration to the Contract Sum. The Tender excludes the cost of all licence fees payable to the Environment Protection Authority. Council and Building Authority permit fees and costs etc.., are not covered by this Tender.
If tests are required by you to determine the performance of equipment covered in our base price, such testing must be conducted and evaluated in accordance with the appropriate standard and, by accepting these condition’s, you agree to reimburse us for costs of any such tests. If the test proves that the equipment is not to specification (or as otherwise offered to and accepted by you), then we shall be responsible for repairs, adjustments and any other necessary modifications up to and including final performance test.
Information provided by the Company concerning noise and vibration is given in an advisory capacity only and is not considered part of the Company’s guarantee. Notwithstanding anything to the contrary contained herein, the Company will not accept any responsibility for noise and/or vibration unless specifically requested by the Buyer and agreed to by the Company in writing.
In connection with bag filter equipment purchased, it is understood that you will maintain the air temperature above the dew point at all times to prevent condensation within the filter case. The temperature of the air must not exceed the operating limit of the filter bags.
If at any time you purport to terminate and/or repudiate or cancel the contract entered into with us then, and without prejudice to any other rights or remedies which we may have, we shall be entitled to recover from you such proportion of the total contract price excluding sales tax as shall be equivalent to the proportion of labour skill and materials used by us in our performance of the contract of the total of such labour skill and materials required to complete the contract; provided that such proportion shall not be less than 10% of the total contract price. No Cancellation Fee will apply and should the need for cancellation arise out of default by us.
In the event of any dispute between Mideco Jia Pty Ltd and yourselves arising from these conditions, the matter shall be referred to an arbitrator who shall be appointed by the mutual agreement of both parties or failing agreement shall be an arbitrator appointed by the Director of the Victorian Chamber of Manufacturers.
Although every effort has been made to ensure the accuracy of our quotation we reserve the right to change the quoted price if it is incorrect due to human error.
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