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Burando Hill: Terms and Conditions of Sale

Agreement: This document sets out the terms and conditions on which Burando Hill Pty Ltd (ACN 009 389 833 (Seller, Us) supplies Goods to You (Buyer)

 

Definitions:

Agreement: The agreement between the parties constituted by these Terms and Conditions and the Quote, Estimate, Sales Order, Proforma Invoice or Invoice issued by Burando-Hill Pty Ltd.

Credit: ‘Trade Credit’ and is a business-to-business agreement in which a customer can purchase goods without paying cash up front, and paying the supplier at a later scheduled date.

Credit Policy: The most current Credit Terms and Conditions Policy of Burando Hill. (See burandohill.com.au or available upon request)

Deposit: A deposit is a partial payment made by the Buyer to secure a future delivered product or service. It ensures that the item or service is reserved exclusively for the Buyer and establishes a priority for its provision.

Goods: goods and services supplied by the Seller to You, including all goods and services set out or identified in the Quote, Estimate, Sales Order or Proforma Invoice and any other document provided to You by Us.

Governing Law is governed by the law in force in Western Australia.

GST has the meaning given to it in the GST (Goods and Services Tax) Act 1999.

Payment in Advance refers to the payment arrangement where the Buyer is required to make the full payment before the goods or services are delivered. It is a common practice in business transactions, especially when dealing with new customers, high-value purchases, or customised orders.

Price means the amount(s) payable by You to Us for or in connection with the works or Goods as specified in a Quote or Invoice (as the case may be) or in accordance with the Price schedule at the time of delivery.

Quote Estimate or Proforma Invoice means the Quote, Estimate or Proforma invoice attached to this Agreement.

Sales Order acts as a reference for both parties to ensure accurate fulfillment of the customer's requirements and serves as the basis for processing the order, generating an invoice, and initiating the delivery or provision of the goods or services.

Special Order Goods: refers to goods that are specifically requested by a customer and are not typically stocked by the seller.

Warranty means the Warranty policy of Burando Hill (See burandohill.com.au or available upon request).

Whole Goods refer to fully assembled or complete units of implements or farm goods that are not individual inventory components or parts.

Price: All prices are quoted in Australian currency and exclude delivery costs. Unless otherwise stated, prices are exclusive of GST. The price of the Goods shall be as stated in the Seller's quotation or estimate. Prices are subject to change without notice.  Notwithstanding any price contained in a quotation price list or other document submitted to the Buyer, the price(s) charged, shall be the price(s) ruling as at the date of delivery to the Buyer.

Price Variance: In the event of a significant cost change, the Seller reserves the right to adjust the price accordingly, and claim variation on the total contract value due to either; variation in the Good, unforeseen additional Goods required to complete or make the Good workable, or unforeseen fluctuations in the costs of; the international exchange rate, cost of supplier Good or raw material, labour, transport, insurances, duties, and additional goods charges.

In the event of a price variance, the Seller will notify the Buyer and provide the option to accept the adjusted price or cancel the order without penalty.

If the Good becomes unavailable, the Seller can cancel the order without any additional obligations and inform the Buyer of the unavailability.

Acceptance and Order: When a buyer returns a signed quote, it signifies their agreement to the proposed transaction, encompassing the scope of work, pricing, timelines, and other pertinent terms. This signed quote serves as an official order, initiating a Sales Order.

Deposit: The deposit amount, typically 20% of the total price, is specified in the invoice or agreement. The deposit is deducted from the total price, and the buyer is responsible for paying the remaining balance as per the agreed-upon terms. Deposits are not subject to GST (Goods and Services Tax).

Failure by the buyer to fulfil their contractual obligations may result in the seller retaining the deposit as compensation for incurred damages or losses. The refundability of the deposit shall be determined by the Seller, unless prohibited by an applicable Governing Law, with consideration to specific conditions or timelines, such as adhering to cancellation periods or meeting agreed-upon terms.

Payment in Advance: refers to the requirement for the buyer to make full payment for the goods before delivery, unless there is a written agreement between the Seller and the Buyer stating otherwise. In the case of whole goods, which typically involve high-value purchases, the payment is expected to be made in advance.

Construction projects may require milestone progress payments before the project shall continue. All payments shall be made without deductions or set off.

Credit: Parts and component goods may be eligible for a Buyer account upon approval of a Credit Application. The Seller's provision of credit is subject to the terms and conditions outlined in the Seller's most current Credit policy. The Seller reserves the right to approve or decline credit account applications, establish or assign credit limits, and suspend or terminate credit accounts at its sole discretion.

Terms of Payment: The terms of payment are strictly thirty (30) days from the date of each invoice (or such other period as nominated by Us and advised to You)

If You do not pay an Invoice in full by the payment due date, we reserve the right to charge You, in addition to any other costs recoverable under this Agreement:

  1.  Interest on the total monies owed to Us, calculated daily using an interest rate of 5% per annum; and

  2. Any costs and expenses (including any commission payable to any commercial or mercantile agents and all legal costs on a full indemnity basis) incurred by Us in recovering unpaid amounts under this agreement.

Delivery: The Seller shall make reasonable efforts to deliver the Goods within the agreed time frame, but the Seller shall not be liable for any direct or consequential losses due to delays in delivery due to circumstances beyond its control. (e.g., natural disasters, strikes, accidental damage or supply chain disruptions).

Title and Risk: Title to the Goods shall pass to the Buyer upon full payment is received in accordance with this agreement. The risk of loss or damage to the Goods shall pass to the Buyer upon delivery.

Returns and Refunds: At the Sellers discretion select goods may be returned if within 30 days of purchase and if they are in original unused condition.

Subject to the Seller's Warranty policy, defective Goods are eligible for returns, repair, replacement, or refunds. The Seller retains the right to inspect returned Goods to determine the appropriate course of action, whether it be a refund or replacement. The Buyer assumes responsibility for return shipping costs in the case of defective Products. Special Order Goods are non-returnable.

Restocking Fee: Returned Goods may incur a restocking fee, which will be applied at the Sellers discretion. The fee will generally range between 10% to 20% of the value of the Goods. Conditions of the good, timeline of the return, type of products, volume of returned goods, their repackaging, value, and returns processing costs will be considered in determining of the restocking fee.

Resale Equipment Warranty: The warranty coverage for all goods acquired by the Seller for resale to the Buyer is governed by the terms and conditions specified by the manufacturer. The Resale Equipment warranty specifically excludes any additional coverage provided by the Seller.

Manufactured Equipment Warranty: In the event that Goods manufactured or indemnified by the Seller (excluding items covered by separate warranties), are found to be defective in manufacture or design, the Seller will provide a replacement, repair, or refund of the purchase price. This service will be provided free of charge, excluding any applicable labour, travel, and transportation costs to and from the Buyer. The Seller retains the sole discretion to determine whether a product is defective. To initiate a claim, written notification must be submitted to the Seller within one year of the installation or dispatch date of the Goods. Please note that the warranty is subject to the Seller's Warranty Terms and Conditions policy.

Limitation of Liability: Any representation made by the Seller in relation to the goods, their use, suitability for your purpose or application is given in good faith, is believed by the Seller to be reliable, but is provided with an express disclaimer for any liability or responsibility on the part of the Seller. You acknowledge that the Seller is not or may not be aware of your intended end use of the goods. You accept all risk and responsibility for consequences arising from the improper use of the goods. The Seller shall not be liable for any indirect, incidental, special, or consequential loss or damages arising out of or in connection with the delivery, sale or use of the Goods. The Seller's total liability for any claim arising under this Agreement shall be limited to the repair, replacement, or refund of the purchase price of the Products in question.

Dispute Resolution: Seller and Buyer agree to consider all reasonable alternatives for dispute resolution methods, such as mediation or arbitration, to provide a more efficient and cost-effective means of resolving disputes before resorting to litigation.

Governing Law: This Agreement is governed by the law in force in Western Australia.  The parties submit to the jurisdiction of the Courts of Western Australia.

Burando Hill:  Standard Warranty and Indemnity.

 

  1. Manufactured Equipment Warranty: All goods manufactured or indemnified by Burando Hill Pty Ltd (referred to as the "Company") are warranted against defects in materials and workmanship for ONE YEAR from the date of customer delivery. Warranty registration is completed by signing and registering this document with the Company. Any implied warranties on the product are limited to ONE YEAR.

Special Condition: If an hour meter is fitted, the warranty extends to 12 months or 2,000 hours of operation, whichever occurs first from the date of delivery to the first user of the new product.

  1. Resale Equipment Warranty: The warranty coverage for all goods acquired by the Company for resale to the Customer are subject to the terms of the manufacturer's warranty. The Resale Equipment warranty specifically excludes any additional coverage provided by the Company.

  2. Base Limited Warranty: Wear and maintenance components have limited coverage. Base Limited Warranty does not cover wear and maintenance items or any components requiring replacement due to normal maintenance. During the Base Limited Warranty period, all covered components are warranted to be free from initial defects in material and workmanship under correct, normal agricultural use and proper applications. Components with limited warranty coverage include pump seals, bearings, rubber hoses, pressure gauges, belts, tires, agricultural knife points, and sowing boots.

  3. Replacement Parts Warranty: Subject to applicable Resale Equipment warranty, genuine replacement parts are warranted to be free from defects in materials or workmanship for a period of One Year from the date of invoice or date of install by an authorised Burando Hill representative or Dealer.

  4. Applicability: This warranty applies only to Products supplied by Burando Hill Pty Ltd or authorised Dealer, (referred to as the Dealer) and not to any aftermarket products attached, or associated with the Product not supplied by the Company or Dealer.

  5. Warranty claims must be submitted promptly and within 30 days of the claim originating.

  6. Replacement Part Use: Replacement parts must be used and serviced as stated in the Operator's Manual. The warranty does not extend to goods damaged or subject to accident, accidental damage, abuse or misuse after delivery to the Buyer, nor to goods altered or repaired by anyone other than an authorised Burando Hill representative.

  7. Damage caused by Existing Equipment: The Company and Dealer shall not be liable for any damage caused to a part or good that arises as a result of a condition existing in the Customer's existing non-warranted equipment. This includes any damage resulting from the interaction, compatibility, or use of our product with the Customer's equipment that is not supplied or covered under this warranty."

  8. Unauthorised Remediation: Any remediation or repair conducted by the customer or their agent without prior authorization from the Company or its authorised representatives is considered unauthorised. The Company and Dealer shall not be responsible for any costs incurred by the customer for unauthorized remediation or repair attempts. In such cases, any claims for reimbursement or compensation under the warranty for these unauthorised actions will be deemed invalid and not eligible for coverage. To ensure warranty coverage, customers must obtain explicit authorisation from the Company or its authorized representatives before conducting any remediation or repair actions.

  9. Storage Limitation: Warranty does not cover deterioration of components or fluids due to improper storage facilities. 

  10. Return of Defective Parts: Defective parts returned to Burando Hill must have all transportation fees prepaid by the Customer.

  11. Rental Equipment: Rental equipment is not covered by any Company offered or implied warranty unless eligible under specific Resale Equipment warranties.

  12. Labour and Incidental Expenses: Labour and incidental expenses associated with this warranty, including travel and freight, are at the discretion of the Company. 

  13. Product Maintenance: The product must be maintained as detailed in the Owner's Manual and serviced as instructed in the Service Manual for the warranty to be effective.

  14. Warranty Transfer: If the equipment is sold by the original Customer, the warranty will continue. The warranty period will be one year from the date of delivery to the original Customer, and the remaining time will be transferred to the new owner. After the one-year warranty period expires, no warranty is implied or given for any used goods.

  15. Exclusion of Damages: The Company and Dealer are not responsible for special, incidental, or consequential damages resulting from any breach of warranty, or under any other legal theory, including but not limited to lost profits, down time, goodwill, damage to or replacement of associated equipment, or other costs.

  16. Limitation of Liability: The Company and Dealer shall not be liable for any indirect, economic, incidental or consequential damages resulting from the use of the product, including but are not limited to loss of time, loss or destruction of property, loss of profit, savings or revenue, or loss of or damage to the product.  Additionally, the Company and Dealer are not responsible or liable for damages or costs incurred in obtaining substitute products, claims by others, inconvenience, or other costs.

  17. Customer Indemnification: The Customer indemnifies the Company and Dealer and holds it harmless against any claim, action, damage, loss, liability or cost (including legal fees) arising from the operation, use and maintenance of the product, except as set out in the Operators Manual.

  18. Limitation of Company and Dealer Liability: In any event the Company and Dealer's liability to the Customer or any other person for any claim, loss or damage, at the discretion and prior authorisation of the Company, will be limited to either;

  1.  The replacement or repair of the product, or

  2.  Payment of the cost of replacing or repairing the product.

Burando Hill Privacy Policy

 

  1. Personal Information Protection: The Company is committed to protecting your personal information in accordance with the Privacy Act 1988. We collect necessary information for identification and service provision, while prioritizing your privacy and security.

  2. Credit Application: During the credit account application process, we may collect personal information, including contact details and financial data, to assess creditworthiness and manage accounts. This information will be used exclusively for these purposes and to meet legal and regulatory requirements.

  3. Third Party Providers: We respect your privacy and will not disclose your personal information to third parties unless required by law or with your explicit consent. In some cases, we may engage trusted third-party service providers to assist in account management and related services. These providers are contractually bound to maintain confidentiality and access only the necessary information for their designated tasks.

  4. Data Breach Response: In the event of a data breach, we have established procedures to promptly identify and mitigate any risks. We will notify affected individuals in accordance with applicable legal requirements and take necessary steps to minimize any potential harm.

  5. Data Retention:  The Company retains your personal information only for as long as necessary to fulfil the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. Once your information is no longer needed, we will take reasonable steps to securely dispose of it or anonymize it to prevent identification.

  6. Website Online Experience: Our website employs cookies to enhance your online experience and improve website functionality. These cookies do not run programs or deliver viruses. By using our website, you acknowledge and consent to the use of cookies.

  7. Robust Data Security: Robust Data Security: Your personal information is meticulously safeguarded through rigorous measures. Our computer servers are housed in controlled and secure environments, providing comprehensive protection against unauthorized access, use, or disclosure. Multiple layers of specialized data protection fortify our servers, bolstered by company-wide implementation of two-factor identification to further enhance security. However, please note that no method of data transmission or storage is entirely foolproof. While we strive to ensure your information's security, we cannot guarantee absolute protection against unauthorized access or use.

  8. Your Rights: You have the right to access, correct, or request the deletion of your personal information held by the Company. Should you have any concerns regarding the handling of your personal data, or wish to exercise your rights, please contact our designated privacy officer.

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