Terms & Conditions
Terms and Conditions – Belwey Pty. Ltd.
Definitions:
“Vendor” refers to Belwey Pty. Ltd. trading as Barry Brown & Sons, including their servants, employees, and agents.
“Purchaser” refers to the customer acquiring goods or services from the Vendor.
“Goods” refers to the items supplied under the contract.
Product Specification & Warranty
1.1 The Vendor warrants that the Goods will conform to the description and guaranteed values in the relevant Sales Confirmation or Specification.
1.2 Variations may occur in typical values across batches. The Vendor is not required to provide goods that meet any specifications beyond those guaranteed.
1.3 Samples provided are indicative only. No guarantee is made that future deliveries will match samples unless from the same batch.
1.4 Warranty claims are subject to full payment of the contract price.
1.5 All implied warranties, conditions or guarantees are excluded to the fullest extent permitted by law, except warranties as to title.
1.6 The warranty period commences upon successful commissioning of the product or date of commercial invoice, if commissioning is unobtainable.
1.7 To view our specific Standard Warranty Terms on our website relevant to all products.
Suitability and Use of Goods
2.1 The Purchaser acknowledges it is their responsibility to ensure the Goods are suitable for any intended use, whether disclosed to the Vendor or not.
2.2 The Purchaser must carry out all mandatory and prudent testing and quality checks.
2.3 No reliance shall be placed on any advice or representation outside of what is expressly contained in the written contract.
Installation & Site Conditions
3.1 The Purchaser must provide suitable site access, power, and facilities necessary for installation or incur additional costs.
3.2 Any required permits, licences, or approvals must be obtained by the Purchaser.
3.3 Protection and security of goods on-site after delivery are the responsibility of the Purchaser.
3.4 The Vendor is not liable for equipment damage post-installation or sound levels of installed machinery.
3.5 Electrical infrastructure must support the Vendor’s equipment; any upgrades to mains/fuse boards are additional.
Design, Variations, and Delays
4.1 All Vendor-supplied designs remain their property and cannot be copied or used without written consent.
4.2 Any post-acceptance variation must be authorised in writing by the Purchaser and may result in price changes.
4.3 Delays exceeding six months caused by the Purchaser may incur a 10% delay fee on the total contract price.
4.4 The Vendor is not liable for delay or damage resulting from causes beyond its reasonable control, including strike, accident, fire, or force majeure.
Delivery & Commissioning
5.1 Delivery dates are approximate, but reasonable efforts will be made to meet them.
5.2 Upon final commissioning, all related finance documentation must be completed within 7 days.
5.3 If commissioning is delayed due to unavailable services provided by the purchaser, final payment is still due. The Vendor will return to complete commissioning once services are available.
5.4 Insurance the Vendor is under no obligation to insure the goods after they have left its place of business, after which good’s will be the purchaser’s risk.
Title, Payment & Cancellation
6.1 Goods remain the Vendor’s property until full payment is received. The Vendor may enter the premises to repossess unpaid goods. In the event of non-payment of any invoice within the agreed timeframe, we reserve the right to recover all reasonable legal costs incurred in pursuing payment, including court fees, legal representation fees and dept collection costs.
6.2 Late payments will incur interest at 2% per month, calculated daily.
6.3 Orders may not be cancelled without written consent from the Vendor and full indemnity for any losses incurred.
6.4 Price adjustments may be made for changes in labour, materials, taxes, or municipal charges. These must be paid in full upon job completion.
Limitations of Liability
7.1 The Vendor’s liability is strictly limited to the repair or replacement of defective goods, or refund of costs, at its sole discretion.
7.2 If the issue qualifies as a “Relevant Failure” under applicable law, statutory remedies apply.
7.3 All other liability, whether in contract, tort (including negligence), or otherwise, is limited to the lesser of the cost of repair/replacement or $10,000 in total.
7.4 The Vendor is not liable for indirect, special, or consequential losses including profit loss or downtime.
Indemnity
The Purchaser indemnifies the Vendor against all claims, liabilities, or losses arising from misuse of goods, failure to test, or breach of contract.
Credit Terms
If the Vendor provides credit, the terms stated in the credit agreement or Sale Agreement prevail over these general terms in case of inconsistency.