DEFINITIONS
In these terms and conditions of sale (Terms and Conditions): (a) “RMD” means RMD Industries Pty Ltd (ABN 31 004 313 937) of 6-10 Market Road, Sunshine, Victoria and all business units and divisions. Brio is a division of RMD, PO Box 140, Regents Park, NSW 2143 – S3, Regents Park Estate, 391 Park Road, Regents Park, NSW 2143. (b) “GST” means GST as defined in the GST Act. (c) “GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth). (d) “Impost” means any royalty, tax (including GST), duty, excise, levy, fee, rate or charge imposed by any governmental or semi-governmental or other body authorised by law which is imposed on or in respect of or in relation to the provision, sale or supply of the Goods by RMD. (e) “Purchaser” means any persons, companies or entities who: (i) Is the other party to a contract for manufacture, sale or supply of goods; (ii) Is named in or receives a quotation or sales invoice for the manufacture or sale of goods or the provision of services by RMD; (iii) Purchases goods from RMD; or (iv) Requests RMD to provide designs or specifications or manufacturing proposals for the manufacture of a product.
GENERAL
(a) These Terms and Conditions apply in respect of all offers to sell, quotations made, contracts secured and other commercial transactions for the supply of goods and services (Goods) by RMD. (b) These Terms and Conditions shall coexist with and be read in conjunction with any other conditions of sale (Special Conditions) agreed in writing between RMD and the Purchaser. The Special Conditions will prevail to the extent of any inconsistency with these Terms and Conditions. Subject to any Special Conditions, these Terms and Conditions together with a designated written quotation from RMD shall comprise in entirety the terms and conditions of the contract (Contract) entered into between RMD and the Purchaser and all other terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating in any way to any Goods, are excluded or limited to the maximum extent permitted by law. (c) Except as otherwise expressly agreed upon in writing between the parties, these Terms and Conditions and any Special Conditions shall apply notwithstanding any provisions to the contrary which may appear on the order form or other documents issued by the Purchaser. (d) The Purchaser acknowledges and agrees to these Terms and Conditions upon making a product inquiry and upon placement of an order for supply and upon acceptance of the credit granted for payment purposes and upon acceptance of the Goods supplied and also upon receipt of the invoice. Each stage is a specific separate acceptance by the Purchaser of these Terms and Conditions.
