Hansen Price Pty Ltd trading as Mining Technicians Group – Australia (ABN 26 601 208 164) (“MTGA”)
These Terms and Conditions govern the supply of goods (“Products”) and/or services (“Services”) by MTGA to the Customer.
MTGA agrees to supply Products and/or Services to the Customer in accordance with these Terms.
Purchase orders for Products or Services will constitute an offer by the Customer and may only be accepted by MTGA in writing. Any amendments to purchase orders must be approved by MTGA in writing to be effective. Only these Terms (and not any other terms attached to a purchase order) form part of the agreement between the parties. Acceptance of a purchase order does not constitute acceptance of any other terms or conditions.
Payment terms are as follows:
MTGA provides a Limited Warranty on its Products and Services as detailed in the MTGA Warranty Policy (MTGA-QA-POL-0001), which is available upon request and forms part of the agreement between the parties. A summary of key warranty provisions is set out below:
Services
Services are warranted for a 12-month period from the date of delivery or Factory Acceptance Testing (FAT), confirming they were carried out with due skill and care in a proper and workmanlike manner and in accordance with all relevant law.
Goods - MTGA Manufactured Products
New Goods manufactured by MTGA to which no manufacturer’s warranty applies are warranted for 12 months from delivery (unless otherwise specified) against defects in materials and workmanship. Specific component warranty periods include:
Goods - Third-Party Manufacturer’s Warranty
Where a manufacturer’s warranty applies to Goods supplied by MTGA, that manufacturer’s warranty is the sole and exclusive warranty for those Goods.
Warranty Exclusions
Warranty does not cover:
Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms limits any rights the Customer may have under applicable consumer protection legislation.
For full warranty terms, claim procedures and exclusions, refer to MTGA Warranty Policy MTGA-QA-POL-0001.
Where Products are supplied by MTGA on a hire or rental basis, the terms and conditions of that engagement are governed by a separate MTGA Hire Agreement, which will be provided to the Customer prior to commencement of any hire arrangement. In the event of any inconsistency between these Terms and the MTGA Hire Agreement, the Hire Agreement shall prevail in respect of the hire engagement.
MTGA will use reasonable endeavours to deliver Products or Services by the agreed date but will not be liable for delays caused by matters beyond its control. Freight charges incurred will be invoiced at cost unless otherwise quoted.
Unless the Customer provides written notice within 7 days of delivery of any alleged non-conformity, the Products or Services will be deemed accepted. If a deliverable is used commercially, acceptance is deemed on the first day of such use.
Products will only be credited if authorised by MTGA, returned in the same condition as delivered, and returned within 14 days. MTGA reserves the right to charge for unauthorised or late returns or Products returned in a different condition.
Risk of loss or damage passes to the Customer on the earlier of:
Products remain the property of MTGA until paid in full. MTGA may recover Products if the Customer fails to pay when due. This is without prejudice to any other rights of MTGA.
Both parties will keep confidential any information disclosed. “Confidential information” excludes information already public or disclosed without fault of the receiving party.
All intellectual property rights in Products or arising from Services remain the property of MTGA or its suppliers unless agreed in writing. Software will be licensed under the relevant licence agreement. Rights commence on full payment.
MTGA may suspend supply, recover Products, or terminate agreements if the Customer:
The Customer acknowledges that MTGA makes no warranties or representations regarding the Products or Services, except as provided in writing.
To the fullest extent permitted by law, implied terms are excluded. Liability for breach of an implied warranty is limited at MTGA’s option to replacement, repair, or the cost of equivalent goods or services.
Any variation must be in writing. Additional Services will be charged at MTGA’s current rates unless agreed otherwise.
Notices must be in writing and sent by mail, hand delivery, or email to the address last notified by the receiving party. Notices sent by email are deemed received upon confirmation of delivery.
The Price is inclusive of applicable taxes, duties, and government charges. The Customer is liable for new or varied taxes. MTGA will issue a valid tax invoice where GST applies.
