Clark Equipment Australia (CEA)
1. QUOTATIONS
This quotation is valid for a period of thirty (30) days after which it is subject to change without notice.  The prices quoted are based upon the costs and conditions prevailing at the time of quoting.  CEA will endeavour to supply in accordance with prices and conditions of the quotation, however prices quoted are subject to variation arising from changes of costs up to the time of delivery.
2. ACCEPTANCE
CEA shall not be bound by any terms and/or conditions of the Buyer which differ from these herein.
3. GST
The prices quoted do not include GST unless stated.  GST is to Buyer's account.
4. ORDERS
After an order has been accepted by CEA such order shall not be subject to cancellation without the written consent of CEA.
5. TERMS OF PAYMENT
This offer is tendered strictly on the basis of payment in full prior to or upon delivery.  If Loan Contract or Lease or any other type of finance is to be arranged, it is the Buyer's responsibility to ensure that arrangements are completed prior to delivery.
6. TRANSFER OF TITLE
No property title nor interest in the goods in question shall pass until full payment is received by this Company.  Should payment not be forthcoming for whatever reason, this Company retains the right to take whatever action may be necessary to protect its interest, including recovery of the equipment into its possession.
7. DELIVERY, TITLE, RISK OF LOSS
(a) CEA and the Buyer agree that title in the products shall not pass to the Buyer until full payment for the purchase price of the products has been received by CEA.
(b) If for any reason the Buyer fails to make payment to CEA for any amount of money due to CEA or if CEA has reasonable grounds to believe that the products have been or will be destroyed, damaged, endangered or removed from the "place of delivery" whilst any amount of money is payable to CEA then without prejudice to any other rights of CEA, CEA may resume possession of the products and re-sell them without accounting to the Buyer for the proceeds thereof.
(c) The Buyer shall permit CEA (or its appointed agent or representative) to enter upon any premises occupied by the Buyer at which the products are kept or stored or normally kept or stored to enable CEA to inspect the products and in accordance with sub-clause (b) hereof to remove the products from such premises.  CEA shall not be liable for any damage or injury to the premises on which the products are stored unless such damage or injury is caused solely by the wilful negligence of CEA, its servants, or agents.
(d) The production of a copy of these Terms and Conditions shall constitute and evidence CEA's authority to enter any premises on which the products are or may be stored and at the discretion of CEA to remove such products therefrom.
(e) Delivery of the products and risk of loss shall pass to the Buyer when the products reach the "place of delivery" specified overleaf and CEA's invoice for the products has been presented.
(f) Subject to these Terms and Conditions, every reasonable endeavour will be made by CEA to have the products ready for delivery on or before the estimated delivery date set out overleaf but readiness for delivery of the products by such date cannot be guaranteed and failure to have ready for delivery by such date shall not avoid or give a right to avoid the contract arising from acceptance by CEA of Buyer's Order or render CEA liable for damages.  Without prejudice to the generality of the foregoing, CEA shall not be liable for any delays arising from strikes, lock-outs, accidents, shortages of materials or labour, shipping delays, wars or any causes beyond its control.   Claims for damage or shortages must be made immediately upon receipt of the products.
(g) In cases where CEA accepts responsibility for delivery, the Buyer will be responsible for immediate examination of goods after arrive at destination.  No claim for goods damaged in transit will be entertained unless made within three (3) days after arrival at destination.  Every reasonable endeavour will be made by CEA to give delivery on or before the estimated delivery date, but delivery by such date cannot be guaranteed.
8. WARRANTY
CEA warrants all new Omega products as set out in the terms and conditions of the "Omega Owners Warranty".