Terms of Trade
Hydraulic and Diesel Services Brisbane
ABN: 96822557783
2021
Our terms of trade are set out below. They govern our business relationship with a Customer and should be read carefully.
1. Application of terms of trade
1.1 These terms apply to all trade between Hydraulic and Diesel Services (the Trader) and any customer who requires the services or supplies offered by the trader. These terms are
effective from the above date until these Terms of trade are replaced by another document.
1.2 Definitions
In these terms of trade –
Trader refers to Hydraulic and Diesel Services Brisbane
Customer refers to any individual, business or company that requires the services or supply of the Trader and agrees to the terms and conditions set out in this document.
HDS refers to:
Hydraulic and Diesel Services Brisbane
U32 10 -12 Cerium St
Narangba 4504
Job refers to any instruction given to HDS by a Customer either verbally or in writing to supply parts or service to the Customer.
Site refers to any address, private or public land, commercial or residential, vacant lots, construction sites or any roadside or street where the Trader is required to carry out a Job
under the Customers direction.
Part refers to any item sold to a Customer by the Trader. It maybe new or second hand or in any condition described by the Trader. This may include hydraulic fittings, seals, truck or
machinery parts.
Supplier refers to a Company or Sole trader that supplies Parts, components or services to HDS.
Bad debt has the following meaning:
If a Customer arranges for a Job or supply of Parts to be completed and does not pay the Trader for any or part of the Job or Parts within the required time, the amount owed by the Customer is a bad debt.
Merchant means a person who purchases a Part from a supplier for the purpose of reselling that Part.
2. Basis on which the Trader is prepared to trade
2.1 The Trader is prepared to trade in Truck, Machinery, Hydraulic parts, repairs, sale, service as a merchant or an agent under these terms.
3. Payment
3.1 Payment will be by direct bank transfer, in cash or eftpos, unless otherwise agreed in writing.
3.2 The Trader will require payment on completion of the Job and before the truck or equipment leaves the workshop unless otherwise agreed in writing.
3.3 If it is a part or supply item being traded the Trader will require payment before the item(s) are picked up from HDS or delivered to the Customer.
3.4 If the Job is being carried out on Site, the Trader will require payment before the technician leaves the Site, the Trader may ask to take payment details in the form of credit
card details before attending the Job.
3.5 The Trader will offer the Customer an account which requires an account application form to be filled out and returned to HDS administration. The Trader will assess the application and notify the Customer within 5 business days as to whether the application is successful or not. The Trader may offer the Customer a 14 day account or a 30 day from end of month account, depending on the application criteria. The account application must be approved before Jobs are carried out on account or purchases are made on the account.
3.6 If payment is not made when payment is due, HDS may hold a vehicle or equipment until payment is made. The parts and labour remain the property of HDS until payment is made
in full by the Customer. Storage fees apply to vehicles and machinery that are held waiting for payment for more than 30 days. Storage fees are $35.00+ GST Per day.
4. Delivery of Parts / Transport of Vehicles and Machinery
4.1 The Customer will bear the costs of delivery of the parts supplied to HDS and the costs of the delivery to the customer. The Customer may deliver or pick up parts personally or
organise delivery on request.
4.2 The Trader will provide secure and suitable off-loading facilities at the HDS premises so as to facilitate the safe and timely off-loading of Parts.
5. Quality of Products and Parts
5.1 Parts and components will be as described by HDS. Varying quality maybe offered in different ranges and brands of parts to the Customer. It is the Customers responsibility to
select the quality of a part that best suits their application and price range.
6. Warranty and Refunds
6.1 The Trader will refund a Part supplied by HDS if the Part is found to be defective or faulty inside of the manufacturers warranty period. Varying warranty periods apply to different
brands and components. It is at the Traders discretion weather a Part is suitable for a warranty claim. Only when the Supplier or manufacturer will cover the warranty is HDS
obliged to cover the Part under warranty to the Customer.
6.2 The Trader is not liable to cover the cost of freight or transport for a refunded Part. If the Supplier does not cover the cost of freight it is then the Customers responsibility to cover transport/freight costs.
6.3 Where there is a warranty claim on poor workmanship or defective work, HDS must inspect the work that has been carried out to ascertain the cause of the faulty or poor
workmanship. HDS will then negotiate and mediate a positive outcome to resolve the poor workmanship. HDS will not be liable for costs if the Customer decides to take a warranty
claim to another repairer/supplier to be inspected or rectified.
6.4 HDS will not be held liable for any loss of income or vehicle/equipment down time in any situation.
7. Insurance
7.1 The Trader does not hold any insurance policies in relation to vehicle/equipment storage stored at the HDS premises. Vehicles and equipment are stored at owners risk.
7.2 The Trader has insurance to cover HDS employees road testing equipment and vehicles. 7.3 The details of the insurance policy are as follows:
(a) The insurance policy is with Allianz.
(b) The maximum value of claims covered by the policy is $100,000.
(c) The policy does not cover fire, theft and accidental damage (other than deterioration of quality or any other inherent losses).
8. Compensation and fees
8.1 Compensation/fees are payable on a fixed fee basis. Our labour rates are as follows;
– Hydraulic hose truck labour $120ph
– Workshop labour $120ph
– After hours Hydraulic hose truck $160ph min 4 hours
– After hours workshop labour $160ph min 4 hours
– Standard business hours are 7am – 5pm Monday to Friday except public holidays
8.2 The payment of any extra costs are contingent on any situation where HDS is required to carry out extra services or supply of Parts required by the individual Job being carried out.
The Customer will be notified by HDS should there be extra costs relating to a particular Job requirements.
9. Bad debts
9.1 The Trader is prepared to pursue payment for Bad Debts of a Customer. Bad Debts are negotiated on a case by case basis to organise payment from the Customer. If payment is
not made in full by the Customer within the agreed period, the Trader will begin legal action immediately to recover any outstanding payments. The Trader will also stop credit
any account of the Customer’s and hold any vehicles and equipment at the HDS premises until payment is made.
9.2 Any costs incurred by the Trader associated with recovering Bad Debt will be the responsibility of the Customer to pay. These costs will be added to the outstanding money
owed.