Terms & Conditions - Cavalier Livestock Equipment

To view Cavalier Livestock Equipment’s warranty information click here (PDF).

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Standard Conditions of Sale

References in these Standard Conditions to “Budget Steel or Cavalier Engineering”, “we”, “us” etc. are references to Countrywide Metals Pty Ltd ACN 079 181 016. References to “the Applicant”, “You” “Customer” “Bill To” etc. are references to you and your invoices.
The Applicant acknowledges and agrees that Countrywide Metals Pty Ltd has the right to recover any amounts owing under this Application notwithstanding that the supply may be from a holding, subsidiary or related company of Countrywide Metals Pty Ltd and/or from a Budget Steel and Cavalier Engineering site other than the site of the Office in Gympie.
You agree to promptly notify Us of any change to Your details, including a change of name or ownership of your business.
In addition to any other lawful means, any notice or other communication or service of court documents relating to a proceeding arising out of, or as a result of, this agreement may be personally served or performed on You by Us by Us: leaving the notice or document at Your last known address; or posting the notice or document to Your last know mailing address; or faxing a copy of the notice or document to Your last known facsimile number provided that Our facsimile machine records a successful transmission of the facsimile.
If You place an oral order with BUDGET STEEL AND CAVALIER ENGINEERING based on a quotation we give You, and we supply goods to You, then every load delivered forms a separate contract that is subject to the terms of our quotation. If You place a written order based on a quotation we give You and the order involves a series of deliveries, then no contract comes into existence until we give You a written acceptance. However, if, in the interim, we make a delivery, or deliveries, to You before notifying our acceptance in writing of Your written order, then each delivery constitutes a separate contract that is subject to the terms of the quotation. Every contract between You and BUDGET STEEL AND CAVALIER ENGINEERING is subject only to the terms of our quotation, and no variation of those terms is binding on us unless we agree to it in writing.
You must pay us for goods ordered before we deliver them, or at the time of delivery, unless You have an “approved account” with us.
1. You do not have an “approved account” with us unless we notify You in writing to that effect.
2. We reserve the right, at any time and without giving a reason, to withdraw Your “approved account” status (“approved account” means that You must pay us within 30 days from the end of the month in which purchases are made).
3. Unless we agree otherwise with You in writing, deliveries will begin within a reasonable time after acceptance of our quotation and terms. In the event of dispute of the contents of any invoice, only the invoice or invoices that are in dispute may be underpaid. You agree to pay all other invoices in full by the due date for payment.
You agree to pay interest at the rate of 2% per MONTH on any overdue amounts. Interest accrues daily until those amounts are paid and is payable without further demand.
In the event that You fail to pay all invoices on Your account by the due date, Your account will become overdue and all monies outstanding on the overdue account and on any other account that You, or a related entity has with BUDGET STEEL AND CAVALIER ENGINEERING will become immediately due and payable.
If any goods or services supplied by us are defective, our liability is limited to replacing the defective goods or resupplying the services. BUDGET STEEL AND CAVALIER ENGINEERING is not liable for any consequential loss or damage, including loss of profit, loss of revenue, loss of production, loss of business opportunity, loss of goodwill, loss of business reputation, loss of anticipated savings or profit, economic loss or financial costs, any indirect, remote or unforeseeable, etc You may suffer.
A certificate signed by a BUDGET STEEL AND CAVALIER ENGINEERING’ authorised officer setting out details of goods supplied and delivered and/or the amount You owe us (including interest on overdue accounts) is prima facie evidence of these matters.
You agree to pay any costs and expenses we incur, including solicitor’s costs on a full indemnity basis, in connection with the recovery or attempted recovery of any money You owe us. In the event that debt recovery becomes necessary, You agree to submit to the exclusive jurisdiction of the Gympie District Courts.
All warranties and conditions in relation to goods we supply to You, whether arising by statute or otherwise are excluded except to the extent that such exclusion is prohibited by statute.
No variation of these terms is binding on us unless the variation is in writing and signed by us.
Unless we tell You otherwise, our prices for goods supplied by us do not include Goods and Services Tax. You must pay Goods and Services Tax payable in relation to the supply of those goods in addition to paying the price for the goods, at the same time as You pay the price for the goods.
BUDGET STEEL AND CAVALIER ENGINEERING’ responsibility for delivery of goods ceases at the kerbside of the job address You state in Your order. If it is necessary for a vehicle to cross a footpath or to enter private property in the course of making the delivery, You must provide safe and adequate access and have all necessary Council permits. In addition, You agree to indemnify us against any loss or damage we may suffer in connection with crossing a footpath or entering private property.
We are not liable for any delay in delivery, or any non-delivery that results from any loss, including, without limitation, plant and delivery-equipment breakdowns and industrial stoppages, any consequential or prolongation costs that may directly or indirectly occur.
We are entitled to charge You for any goods You order but are unable to take delivery of.
You authorise BUDGET STEEL AND CAVALIER ENGINEERING to obtain credit information from and to give credit information to credit reporting agencies and to use credit information to the extent permitted by the provisions of the Privacy Act 1988 (Cwth), in particular ss18K (1) (B), 18 (E) (1), 18 N (1) (b), 18K (1) (H) (where applicable). You acknowledge that such information may include personal credit information regarding You to the extent such information is relevant to assessing this application and monitoring the ongoing provision of credit. You agree that BUDGET STEEL AND CAVALIER ENGINEERING may obtain a consumer credit report about You from a credit reporting agency for the purpose of collecting payments relating to commercial credit owed by You.
You agree that as a condition of BUDGET STEEL AND CAVALIER ENGINEERING selling goods on credit to You that:
1. You will not own the goods until You have paid BUDGET STEEL AND CAVALIER ENGINEERING all monies owed both for the particular goods and for any other account, even though BUDGET STEEL AND CAVALIER ENGINEERING has already delivered the goods to You.
2. You will hold the goods on behalf of BUDGET STEEL AND CAVALIER ENGINEERING and to store them (at Your risk) so that they are able to be separately identified as BUDGET STEEL AND CAVALIER ENGINEERING goods until You have paid BUDGET STEEL AND CAVALIER ENGINEERING in full;
3. You authorise BUDGET STEEL AND CAVALIER ENGINEERING to enter any land or buildings under Your control to recover possession of the goods and You indemnify BUDGET STEEL AND CAVALIER ENGINEERING against any action or claim in connection with BUDGET STEEL AND CAVALIER ENGINEERING’ recovering possession of the goods;
4. You may resell (only at arms length and on normal terms) the goods, but only as fiduciary agent of BUDGET STEEL AND CAVALIER ENGINEERING.
5. if the goods are incorporated in a manufacturing, fabrication or construction process, so that the goods are no longer identifiable or separable then You and BUDGET STEEL AND CAVALIER ENGINEERING will be owners in common of the resulting new product. You will then hold on trust for BUDGET STEEL AND CAVALIER ENGINEERING the proceeds from the sale of this new product in proportion to the interest of BUDGET STEEL AND CAVALIER ENGINEERING in the new product.
6. the provisions of the Building and Construction Industry Payments Act 2004 (QLD) (or its equivalent in any of the States or Territories) may apply and that the provisions of the Act may be used by BUDGET STEEL AND CAVALIER ENGINEERING to resolve any dispute or claim for unpaid goods or services at its sole discretion;
7. the provisions of the Personal Property Securities Act 2009 (Cwth) [PPSA] (as amended) may apply to Our supply of Goods to You, the definitions in that Act apply to this Agreement and where used in this Agreement they have the same meaning and that the provisions of the Act may be used by BUDGET STEEL AND CAVALIER ENGINEERING to protect its interests in the Goods provided or to recover any unpaid goods or services at its sole discretion;
8. You/Guarantor consent to Us affecting and maintaining a registration on the register created by the PPSA [PPSR] (in any manner We consider appropriate) in relation to any security interest contemplated or constituted by this agreement in the Goods and the proceeds arising in respect of any dealing in the Goods and You agree to sign any documents and provide all assistance and information to Us required to facilitate the registration and maintenance of any security interest. We may at any time register a financing statement or financing change statement in respect of a security interest (including any purchase money security interest). You waive the right to receive notice of a verification statement in relation to any registration on the register of a security interest in respect of the Goods;
9. You undertake to:
  1. do anything (in each case, including executing any new document or providing any information) that is required by Us:
    1. so that We acquire and maintain one or more perfected security interests under the PPSA in respect of the Equipment and its proceeds;
    2. to register a financing statement or financing change statement; and
    3. to ensure that Our security position, and rights and obligations, are not adversely affected by the PPSA.
  2. not register a financing change statement in respect of a security interest contemplated or constituted by this agreement without Our prior written consent; and
  3. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without Our prior written consent;
  4. indemnify Us, and upon demand reimburse Us for all expenses incurred in registering a financing statement to perfect a security interest or correcting a financing statement on the PPSR or releasing any Goods charged;
10. if Chapter 4 of the PPSA would otherwise apply to the enforcement of a security interest arising under or in connection with this agreement and:
  1. section 115(1) of the PPS Act allows for the contracting out of provisions of the PPS Act, the following provisions of the PPS Act will not apply and You will have no rights under them: section 95 (to the extent that it requires the secured party to give notices to the grantor); section 96; section 118 (to the extent that it allows a secured party to give notices to the grantor); section 121(4); section 125; section 130; section 132(3)(d); section 132(4); section 135; section 142 and section 143; and
  2. section 115(7) of the PPS Act allows for the contracting out of provisions of the PPS Act, the following provisions of the PPS Act will not apply and You will have no rights under them: section 127; section 129(2) and (3); section 130(1); section 132; section 134(2); section 135; section 136(3), (4) and (5) and section 137;
11. unless otherwise agreed and to the extent permitted by the PPSA, You and We agree not to disclose information of the kind referred to in section 275(1) of the PPSA to an interested person, or any other person requested by an interested person. You waive any right You may have, or but for this clause may have had, under section 275(7)(c) of the PPSA to authorise the disclosure of the above information;
12. for the purposes of section 20(2) of the PPSA, the collateral is Goods including any Goods specifically described in any quotation provided by Us to You from time to time. This agreement is a security agreement for the purposes of the PPSA;
13. We may apply amounts received in connection with this agreement to satisfy obligations secured by a security interest contemplated or constituted by this agreement in any way We determine in Our absolute discretion;
14. where You and/or any Guarantor are the owner of land, realty or any other asset capable of being charged, both You/Guarantor agree to mortgage and/or charge all joint and/or several interest in that land, realty or any other asset to BUDGET STEEL AND CAVALIER ENGINEERING or a BUDGET STEEL AND CAVALIER ENGINEERING’ nominee to secure all amounts and other monetary obligations payable under these terms and conditions. You/Guarantor acknowledge and agree that BUDGET STEEL AND CAVALIER ENGINEERING (or their nominee) shall be entitled to lodge a caveat or any other document necessary to secure all amounts and other monetary obligations payable, which shall be released once all payments and monetary obligations payable hereunder have been met.
15. should BUDGET STEEL AND CAVALIER ENGINEERING elect to proceed in any manner in accordance with this clause 15, You/Guarantor shall indemnify BUDGET STEEL AND CAVALIER ENGINEERING for and against all of BUDGET STEEL AND CAVALIER ENGINEERING costs and disbursements including legal costs on a solicitor and own client basis.
16. to give effect to the provisions of this clause:
  1. You/Guarantor irrevocably nominate, constitute and appoint BUDGET STEEL AND CAVALIER ENGINEERING or their nominee as Your/Guarantor’s true and lawful attorney to execute mortgages and charges, whether registrable or not, including such other items and conditions as BUDGET STEEL AND CAVALIER ENGINEERING and/or their nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of You/Guarantor in favour of BUDGET STEEL AND CAVALIER ENGINEERING and Your/Guarantor’s name may be necessary as to secure Your or the Guarantor’s obligations and indebtedness to BUDGET STEEL AND CAVALIER ENGINEERING, and further to do and perform all necessary and other acts including instituting any necessary legal proceedings and further to execute all or any documents in BUDGET STEEL AND CAVALIER ENGINEERING absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause; and
  2. You/Guarantor irrevocably authorise the States and Territories’ Governmental Departments for Vehicle Licensing (Queensland Transport, the Roads & Traffic Authority (NSW), Dept of Territory and Municipal Services (ACT), Vic Roads, Dept of Infrastructure, Energy & Resources Transport (Tas), SA Dept of Transport, WA Dept of Transport, Dept of Lands & Planning (NT) and their successors) to release Your personal information about Your last known address that the Department has on file to BUDGET STEEL AND CAVALIER ENGINEERING for the purpose of BUDGET STEEL AND CAVALIER ENGINEERING locating You.
You/Guarantor agree that You and/or the Guarantor are liable for all amounts owing on the account opened by this agreement.
You and/or Guarantor acknowledge that BUDGET STEEL AND CAVALIER ENGINEERING may, at its discretion:
1. impose a credit limit on your account;
2. discontinue supply at any time should You be in default under any of the conditions of this agreement;
3. increase the credit limit; without prejudicing any of its rights hereunder.
BUDGET STEEL AND CAVALIER ENGINEERING will provide account information upon written request by You and/or the Guarantor; however, You/Guarantor acknowledge that the account’s status, (that is, the activity thereon, payment, credit limit and any default) is the responsibility of You and/or the Guarantor.
You acknowledge that You enter into this Agreement with the full authority and knowledge of its ramifications as an individual debtor or on behalf of any company or corporation, and fully indemnify BUDGET STEEL AND CAVALIER ENGINEERING for any amounts incurred under this Application.
Where You are the Trustee of a Trust, then You and/or the Guarantor acknowledge and agree that as Trustee You shall be personally liable for the account in addition to the Trust and the assets of You and the Trust shall be available to BUDGET STEEL AND CAVALIER ENGINEERING to discharge the monies owed on the account.
BUDGET STEEL AND CAVALIER ENGINEERING accepts no responsibility in respect of either the quality of the steel we supply or any defect that may develop as a result of incorrect storage, handling and or contamination from external sources.
Our prices are based on current material, labour, overhead and transport costs and are subject to change without notification.
Our invoice charges are based on the quantity of steel supplied according to the delivery docket. You must make any claim for alleged short delivery within 24 hours of delivery otherwise we will not recognise the claim. If no claim for short delivery is made, you are liable to pay for the quantity of steel stated in Our delivery docket.
Any back charge whatsoever must be notified in writing to BUDGET STEEL AND CAVALIER ENGINEERING within 24 hours of the time of delivery.
Deliveries can only be made if suitable site access is provided. Any changes to pilot and escort laws are not included, nor delivery at night, or out of hours.
A quotation is to form part of any future contract/order for the work, and should there be any changes to details or conditions, we reserve the right to amend our quotation.
Every effort has been made to accurately estimate quantities. However BUDGET STEEL AND CAVALIER ENGINEERING reserves the right to invoice product for the actual steel used, not the estimated quantities.