SALES TERMS & CONDITIONS

EFFECTIVE 1 JANUARY 2016

All agreements are subject to the sales conditions listed below, which are an integral part of the sales agreement. Different sales conditions of the buyer are only valid with a previous written confirmation from HFA Distributors Pty Ltd (“HFAD”).

1. HFAD offers are only valid for 30 days from the date of posting.
2. Every order is irrevocable and final once it has been confirmed in writing by HFAD. Cancellation of the order can only take place with the written authorization of HFAD and with the payment of a cancellation compensation of 15% of the purchase price.
3. Modifications will only be accepted with the written approval of the seller and are subject to receipt of notice of the modifications in writing, at the latest 5 days after the order date. Later modifications will not be accepted, unless they have the explicit written approval of the seller.
4. The proposed delivery date must be confirmed in writing by HFAD on confirmation of the order. The time of delivery is in any case only approximate and not binding. In case of a delay in the delivery, the buyer does not have the right to cancel the order or to claim compensation for any damage whatsoever.
5. The delivery always takes place ex-factory unless HFAD previously confirms in writing that this is not the case.
6. The buyer must check the goods immediately upon delivery. HFAD must be informed in writing of possible complaints concerning visible defects, at the latest 7 days after the registered date of receipt. Complaints concerning defects that are invisible at delivery must be reported at the latest 7 days after they have been discovered. HFAD will not accept complaints at a later date. If complaints are made, the goods must be kept unimpaired for inspection by the representative of HFAD. The goods may not be used or sold until the inspection has been completed. In case of a possible complaint, the buyer on no account has the right to return the goods, unless he has the explicit previous approval in writing from HFAD. The buyer must return the faulty parts to HFAD registered office. In any case, return shipments that are not authorised by the seller are at the sole responsibility and cost of the buyer. HFAD always has the right to repair the delivered goods or to replace them in kind, thereby excluding compensation for any direct or indirect damage whatsoever.
7. The Warranty is also applicable to tyres, electrical equipment, the motor, or other parts that are not manufactured by Hyundai itself, insofar as the manufacturer or the supplier also warrants these parts. Possible disputes cannot lead to the suspension of the buyer’s payment duty.
8. Unless HFAD has explicitly stated differently in writing, the Warranty does not extend to “fit for purpose” of the sold goods, to faults as a result of normal wear and tear, or from the careless use or negligence of the buyer, to goods that have been modified, converted or rented after delivery, to goods on which the brand sign has been removed, to second-hand goods, to delivered goods that have not been paid on the due date and to delivered goods for which HFAD has determined that a training course concerning the use, operation and maintenance of the delivered machines was required and the buyer has not complied with this.
9. Limitation of liability:
   1. All implied conditions and warranties, except those which by law cannot be excluded or modified, are expressly excluded.
   2. To the extent permitted by law, the liability of HFAD for breach by HFAD of any implied condition or warranty which by law cannot be excluded is limited to the replacement or cost of replacing the equipment or repairing or the cost of repairing the equipment.
   3. HFAD excludes all liability for any direct or indirect loss (including in each case, consequential loss, loss of profits, economic loss, loss of revenues, loss of production or loss of data), damages, expenses or costs suffered or incurred by you in connection with these terms and conditions, howsoever arising, including as a result of breach of these terms and conditions, tort (including negligence), under an indemnity, under statute, in equity or otherwise.
   4. To the extent the acts or omissions of HFAD under these terms and conditions are shown to have caused physical injury or death, and that liability is not excluded, HFAD caps its liability at the charges made under this Tax Invoice.
10. Unless otherwise agreed in advance in writing, our invoices are payable in full on delivery, subject to a statement to the contrary in the order confirmation, and always in AUD$ and as cash, EFT or bank cheque.
11. For each amount that has not been paid on the due date, a contract penalty for late payment will be charged without the requirement of a notice of default. The amount will be based on the percentage of the reference interest increased by seven percentage points and rounded up to the higher half-percentage point. In case of default of payment on the due date, HFAD also has the right to claim a flat-rate compensation of 10% of the invoice amount, with a minimum of AUD$100 per invoice.
12. In case of default of payment of one single invoice on the due date, the balance of all other invoices will become due with immediate effect, even those that have not yet reached the due date.
13. If the seller’s confidence in the solvency of the buyer is shaken due to legal actions that are taken against the buyer and/or other apparent events that cause doubt on the assumption that the buyer will be able to meet his liabilities, or make the latter impossible, HFAD has the right to require suitable securities from the buyer. In case the buyer does not, or does not wish to comply with this request, the seller has the right to cancel the order in full or in part, even if the goods have already been shipped.
14. The seller explicitly retains the property rights to the delivered goods until the invoice has been paid in full. In case of non-payment or even partial non-payment on the due date, the buyer hereby authorises HFAD full right of entry to the location of the goods and the right to take them back immediately without any further formalities. The buyer undertakes to maintain the sold goods in an impeccable condition and not to rent, export, sell or modify them as long as the full purchase price has not been paid. Up to that time, the buyer is at all times obliged to show HFAD or its representative the sold goods on simple request and to inform HFAD if he changes his company domicile or registered office.
15. "We", "us",” seller” or "HFAD" means HFA Distributors Pty Ltd (ABN 49 608 413 298).
16. The laws of New South Wales, Australia govern these terms and conditions. Any dispute arising from these terms and conditions will be determined by the courts in the state of New South Wales.