2-4 Cullen Place
Smithfield NSW 2164
ABN：90 000 955 564
TEL：+61 2 9757 2288
FAX：+61 2 9757 2322
These Conditions of Sale apply to the sale of items and equipment included in the
current issue of KENRAHN price list or, where a quotation is made, they shall
form part of that quotation.
No variation,waiver or cancellation of any of these Conditions of Sale shall be
binding on KENRAHN unless assented to by us in writing.
The Conditions of Sale
are based upon AEEMA Form CC1.
In the event of conflict between these conditions and those which may be included
in, or implied by, any document forming part of any enquiry, specification,
order or contract then these conditions shall prevail except in as far as they
are expressly varied by KENRAHN in writing or otherwise by law.
The quotation is not to be construed as an offer or obligation to sell and
KENRAHN reserves the right, at our option, to accept or reject any orders
The quotation includes only such goods as are specified therein. Goods offered ex
stock are subject to prior sale and delivery time quoted is without engagement.
5. CANCELLATION OR VARIATION
A contract may, at KENRAHN option, be terminated in the event of insolvency of
the purchaser or of execution being levied against any of the goods of the
purchaser or of the purchaser being placed in liquidation, whether voluntarily
An order may be varied only if such variation is accepted by KENRAHN in writing
and any variation or cancellation by the purchaser (whether or not it has been
agreed to by us) may only occur on terms which will provide for the supplier to
be indemnified by the purchaser against any loss or damage.
The prices charged shall be KENRAHN prices ruling at the date of despatch.
The price quoted is based upon the quantities referred to in the quotation.
Should there be any variation in the total quantity of goods ordered from that
quoted, we reserve the right to amend the price quoted.
7. INFORMATION AND DRAWINGS
All descriptive specifications, illustrations, drawings, data, dimensions and
weights furnished by us or otherwise or contained in catalogues, price lists and
other advertising matter of KENRAHN are approximate only and are intended to be
by way of a general description of the goods and shall not form part of the
contract unless certified by us in writing, in which case they shall be subject
to recognised tolerances.
Unless stated otherwise in the quotation the price quoted includes packing in
accordance with KENRAHN standard practice. Any other packing requested by the
purchaser or deemed necessary by KENRAHN will be charged for in addition to the
Unless otherwise stated in writing the price quoted excludes for delivery of the
goods ex KENRAHN store. If delivery is requested beyond this point we may, at
our discretion, agree to act as agent for the purchaser in this matter and all
costs for carriage and insurance will be for the purchaser's account.
Off-loading and/or handing will in any event be the responsibility of the
If the delivery is delayed for any reason beyond KENRAHN's reasonable control for
a period of 14 days after the date on which the purchaser is notified that the
contract goods or any completed items forming part thereof are ready for
delivery, the risk of such goods shall forthwith pass to the purchaser, and we
shall be entitled to present invoices to the purchaser for payment in accordance
with clause 14. If the purchaser shall fail to take delivery of the goods in
accordance with the preceding sentence, KENRAHN may at their option arrange
suitable storage of such goods at our premises or elsewhere and all costs of or
incidental to such storage shall be borne by the purchaser. The purchaser shall,
on demand, pay to KENRAHN all costs of storage, insurance, demurrage, handling
and other charges incidental to such storage.
If delivery is delayed for any reason beyond the reasonable control of both
KENRAHN and the purchaser after the period stated in the preceding paragraph of
this clause, the costs of storage, insurance, demurrage, handling and other
charges incidental to such storage shall be shared equally between the parties
and the risk in the goods shall remain with KENRAHN and they shall be entitled
to present invoices to the purchaser for payment in accordance with Clause 14
for half the quoted value of the goods ready for delivery, the balance being
invoiced when delivery is effected.
11. DAMAGE OR LOSS IN TRANSIT
Where carriage is the responsibility of KENRAHN we will repair or at our option
replace free of charge contract goods lost or damaged in transit to the
contractual point of delivery provided we are given written notice of such loss
or damage within three days of delivery or expected delivery, or within such
times as will enable us to comply with the carrier's conditions of carriage as
affecting loss or damage in transit.
12. PROPERTY AND RISK
A) The risk in the goods shall pass to the purchaser upon delivery, but property
in the goods shall not pass to the purchaser until full payment has been
received by KENRAHN of all moneys payable to KENRAHN by the purchaser with
respect to goods supplied under this or any other contract.
B) Until property passes to the purchaser hereunder, the purchaser acknowledges
that it is in possession of the goods solely as bailee and agent for KENRAHN and
in that capacity shall store the goods separately from the purchaser's own goods
and those of any other person and in a manner which clearly identifies the goods
as belonging to us.
C) Subject to paragraph (E), the purchaser is authorised by KENRAHN to sell the
goods in the ordinary course of its business but to do so only as a bailee and
agent of KENRAHN (although the purchaser shall not expressly or impliedly
represent itself as much).
D) The proceeds of each sale of the goods made by the purchaser as bailee and
agent of KENRAHN will be paid to and received by the purchaser upon trust for
KENRAHN. All such proceeds shall be paid into a separate bank account in the
joint names of the purchaser, as trustee, and KENRAHN, as owner, and shall not
be mingled with the purchaser's own moneys. All funds deposited in that account
shall belong to KENRAHN but, subject to paragraph (E), amounts representing the
excess of the price at which the purchaser actually sells any goods over the
amounts due to KENRAHN in respect of those goods. So long as the purchaser has
not fully discharged its indebtedness to KENRAHN with respect to the moneys
referred to in paragrah (A), the purchaser shall at the request of KENRAHN
assign to us the benefit of any claim which the purchaser has against its buyers
with respect to the goods.
E) Without prejudice to any of KENRAHN rights and without notice to the
purchaser, the authority granted to the purchaser under paragraphs (C) and (D)
will be automatically revoked and KENRAHN may retake possession of the goods
(and for that purpose KENRAHN may by its servants and agent enter upon the
purchaser's premises or any other place where the goods may be) if any of the
following evernts occur:
(a) (i) an order is made or a resolution is passed for the winding up to the
(ii) a receiver or receiver and manager or official
manager is appointed in respect of any of the assets, undertaking or property of
(iii) the purchaser makes an assignment for the benefit
of its creditors or a compromise or arrangement is entered into between the
purchaser and its creditors; or
(iv) the purchaser is unable to pay its debts as and
when they fall due, or ceases or threatens to cease to carry on business;
(b) the purchaser fails to pay the whole or any part of the purchase price or
transport or other charges for any of the goods supplied hereunder when due and
(c) the purchaser is in breach of any other terms or conditions of these standard
terms of trade.
13. GST AND GOVERNMENT CHARGES
The prices quoted are exclusive of GST or other Government imposts and any such
charges will be to the purchaser's account.
14. TERMS OF PAYMENT
Unless stated otherwise in the quotation or agreed in writing, all prices quoted
are strictly net and payment in full shall be made upon presentation of
invoices. KENRAHN reserves the right to deliver and invoice any item or items
comprising the whole or part of any order or to proceed in accordance with
Clause 9 hereof prior to any delivery time quoted by us. The extension or credit
shall be at the absolute discretion of KENRAHN. Should the purchaser delay in
respect of any payment due to us then KENRAHN shall have the right in addition
to all other rights to which they are entitled at law to charge interest on the
overdue amount at such rate as shall be charged to us by our bankers for
overdraft accommodation and calculated from the date of invoice to the actual
date of full and final payment. Payment will be credited first against interest
15. GOODS RETURNED FOR CREDIT
Goods will be accepted for credit only by prior agreement or to the extent that
they have been wrongly or over supplied.
Returned goods shall be delivered to the supplier free of charge, in good order
and condition, unused and in the original packaging, accompanied by a despatch
note shating the original invoice number, date of supply and reason for return.
(Except where goods have been wrongly or over supplied, a charge as determined
by KENRAHN will be made for handling costs). Any claim by a purchaser for short
or wrongful delivery of goods must be notified to KENRAHN in wirting within 14
days after delivery of the goods to the purchaser. Any claim which the purchaser
does not notify or any goods not returned for credit by the purchaser within the
time aforesaid (time being of the essence) shall be deemed to have been
absolutely waived or absolutely accepted as the case may be.
Goods made to special order cannot be returned or credited unless not to
specifications or otherwise not in accordance with any expressed or implied term
of the contract.
A minimum charge of $20.00 will be levied on all goods retruned up to $200.00 net
invoice value. Above $200.00 net invoice value a charge of 10% will be made.
16. MINIMUM ORDER VALUE
The minimum order value for all orders will be $50.00.
Every care is taken to ensure that no defective equipment leaves KENRAHN works.
Therefore, all goods manufactured by us are guaranteed against faulty
workmanship and materials for a period of 12 months from date of despatch
providing the Purchaser notifies us in writing, and returns the goods carriage
paid within 30 days and upon the fault or defect being established to our
satisfaction we shall repair the goods or replace them delivered free to the
customer's premises in exchange for the goods returned. We shall not replace
goods or make up shortages:
(i) In respect of which the Purchaser or any third party has without our previous
written consent affected modifications or repairs.
(ii) If the faults or defects were caused by incorrect or negligent handling,
installation, disregard of operation instruction, overloading, unsuitable work
or any other default by the Purchaser or any third party.
(iii) If the faults or defects were caused by fair wear and tear, accident, or
any other matter beyond our reasonalbe control occurring after the date of
18. LIABILITY OF SUPPLIER
Except as may otherwise be provided by law, KENRAHN shall not be under any
liability whether in contract, tort or otherwise, for any injury, damage or
loss, including consequential damage or loss whether to persons or property,
arising out of this contract or the goods supplied pursuant thereto, including
any defects therein, or anything connected therewith.
Where the goods to be provided by us are not of a kind ordinarily acquired for
personal domestic or household use or consumption, then the liability of KENRAHN
for a breach of a condition or warranty implied by the Trade Practices Act 1974
(other than a condition or warranty implied by Section 69) shall be limited to
the repair of the goods, or, at our option, the replacement of the goods or the
supply of equivalent goods.
In the basis of a contract is such that the purchaser is a consumer as defined in
the said Act or in any other law of the Commonwealth or of any State or
Territory, attention is drawn to the purchaser's right under the said Act or any
19. LEGAL CONSTRUCTION
Except as my be otherwise agreed by KENRAHN, the contract shall be governed by
the laws of the State or Territory of Acceptance.