32-34 Boothby Street
Monday - Friday
7:00am - 5:00pm

DMW Industries Terms & Conditions

1. Definitions:
Seller: DMW Industries (QLD) PTY LTD
Buyer: Any party who enters into a contract with the Seller by which Seller agrees to produce or assemble goods for Buyer.
2. Price: Unless otherwise agreed to in writing by the Seller or by the Seller’s authorised representative, the price charged and payable for the Goods and/or Services shall be the price in Local Currency at the date the Seller accepts the Order, together with any applicable taxes, charges and delivery costs in relation to the Goods and/or Services. Prices contained in any Quote or Order for the supply of Goods and/or Services are based on the cost prevailing and the specification supplied at the time of the Quote or Order. The Seller reserves the right to vary the price if:
(a) there is any movement in the cost of supplying the Goods and/or Services specified in the Order;
(b) if the Goods and/or Services specified in the Order are varied from the Goods and/or Services specified in the Quote, and the Seller provides the Buyer with reasonable notice of any such variation of price.
3. Delivery: The Buyer shall pay all handling and delivery charges associated with the Goods and/or Services. Goods are to be picked up at the Seller’s address by the buyer or their nominated carrier or Goods will be delivered to the buyer by the seller or the seller’s nominated carrier. If a delivery date is nominated, the Seller shall take reasonable steps to dispatch the Goods and/or Services on or about that date. However, the Seller does not make any warranty or promises that the Goods and/or Services will be available on that date.
4. Delay: Delivery dates are approximate, and Seller shall have no liability to Buyer for Seller’s delay or default in delivery due to transportation delays, shortage of labour, materials, or tooling capacity or other similar causes beyond Seller’s reasonable control. Under no circumstances shall Seller have any liability for penalties or other consequential damages of any kind resulting in whole or part from Seller’s delay in delivering or failure to deliver any products to Buyer as agreed.
5. Payment: Unless otherwise agreed, payment terms shall be COD. The goods shall remain the property of DMW & shall not be released to the Buyer until full payment (being cleared funds) of the goods is received. Buyer shall make no deduction without Seller’s written consent.
6. Warranty (Trays): Seller warrants that all goods manufactured by Seller will be free from defects in materials and workmanship under normal operating conditions for a period not to exceed 12 months. All warranty work is completed under a back to base agreement only with delivery to and collection from the seller being the responsibility of the buyer. The warranty set forth above is inapplicable to and excludes any defect, damage, or malfunction resulting from (i) normal wear and tear, erosion, corrosion, (ii) misuse, negligence, or modification of the goods or any component by Buyer or its representative, (iii) repair service provided by third parties, (iv) third party components will be warranted under their manufacturers respective warranty terms and conditions (v) all OEM components not modified by the seller must be referred to the original manufacturer’s warranty terms and conditions (vi) any other cause outside Seller’s reasonable control. This warranty will be voided by installation of unauthorized components into Seller’s products. Replacement products may be refurbished or contain refurbished materials. Proof of purchase must be provided to us upon claiming of any warranty. Unless expressly stated by the buyer, all photos supplied by the buyer or taken by the seller may be utilised for advertising purposes. Efforts will be made to remove all buyer’s particulars before posting.
7. Warranty (200 Series Conversion): Seller warrants that all goods modified by Seller will be free from defects in materials and workmanship under normal operating conditions for a period not to exceed 24 months on steel fabrication works, panel and paint and 12 months on mechanical works. All warranty work is completed under a back to base agreement only with delivery to and collection from the seller being the responsibility of the buyer. The warranty set forth above is inapplicable to and excludes any defect, damage, or malfunction resulting from (i) normal wear and tear, erosion, corrosion, (ii) misuse, negligence, or modification of the goods or any component by Buyer or its representative, (iii) repair service provided by third parties, (iv) third party components will be warranted under their manufacturers respective warranty terms and conditions (v) all OEM components not modified by the seller must be referred to the original manufacturer’s warranty terms and conditions (vi) any other cause outside Seller’s reasonable control. This warranty will be voided by installation of unauthorized components into Seller’s products. Replacement products may be refurbished or contain refurbished materials. Proof of purchase must be provided to us upon claiming of any warranty. Unless expressly stated by the buyer, all photos supplied by the buyer or taken by the seller may be utilised for advertising purposes. Efforts will be made to remove all buyer’s particulars before posting.
8. Liability: The remedies set forth in these terms and conditions are exclusive, and Seller’s liability under this contract shall in no event extend to indirect, punitive, incidental or consequential damages which Buyer may suffer or incur in connection with the contract between Buyer and Seller, including, but not limited to loss of profits, damages or losses resulting from Buyer’s inability to fulfil contracts with third parties. Seller’s liability under the contract between Buyer and Seller under any theory of law shall in no event exceed the purchase price of the goods in question.
9. Returns: No order may be cancelled, delivery date changed, nor any goods returned to Seller without Seller’s express written consent. If Seller, in its sole discretion agrees to a job cancellation, jobs costs already incurred including but not limited to drafting fees will apply.
10. Changes, Modification, Waiver: No change in specifications, drawings or delivery for the goods may be made without the prior written consent of Seller. These terms may be modified only in writing signed by an authorized representative of the Seller. Seller’s waiver of Buyer’s default under any term or condition shall not constitute a waiver of any further defaults. Seller reserves the right of Buyer cost adjustment when initial production of Buyer product represents a production alteration versus original quotation with Buyer/Seller confirmation of necessary change. Changes to the above stated scope of works and/or product supply may incur additional charges and/or affect stated lead times.

Want to learn more about us?

Contact us for a free quote and learn more about how we can build to your specifications.