In these conditions, the following words have the following meanings:

  1. “the Company” means Berg Engineering Pty Ltd ABN 46 050 400 505 or its subsidiary Berg Engineering (Gladstone) Pty Ltd ABN 84 097 052 723.
  2. “the Customer” means the customer identified as such on the face hereof.
  3. “contract” means a contract for the supply of an order of goods by the Company to the Customer such that each order for goods made by the Customer to the Company will form the subject matter of a separate and distinct contract.
  4. “the goods” means the goods being supplied by the Company to the Customer.


  1. The goods are supplied by the Company on the terms and conditions set out herein and no addition or variation to these terms and conditions will have any effect unless expressly agreed in writing by a director of the Company.
  2. These terms shall prevail to the exclusion of all terms and conditions put forward by the Customer, which shall be of no contractual effect, unless and to the extent otherwise specifically agreed in writing by a director of the Company. For clarity, the term “specifically agreed” shall be necessary to be included as evidence of our express agreement.


  1. Quotations are valid for 30 days. After the period of 30 days has expired the Company reserves the right to vary or withdraw any quotation given by it prior to the Company’s acceptance of the Customer’s order.
  2. It is the responsibility of the Customer to ensure that the quantity, type and description of the goods specified in any quotation corresponds with the quantity, type and description of the goods required by the Customer and in respect of which the Customer has requested the Company to quote. The Company shall be under no liability whatsoever to the Customer for any discrepancy not drawn to the Company’s attention prior to the acceptance by the Company of any order placed on the basis of the relevant quotation.


Notwithstanding Clause 3(a), the Company shall be entitled to vary the purchase price for the goods at any time prior to delivery if the cost to the Company of performing the contract is increased by reason of delivery of the goods outside normal working hours at the request of the Customer or to an address other than that originally specified by the Customer.


  1. Where the Customer has a credit account with the Company, the invoice amount for the goods must be paid in full within thirty (30) days from receipt of invoice. In all other cases the purchase price for the goods must be paid in full on or before delivery.
  2. The Customer is not entitled to withhold payment or make any deduction from the purchase of the goods in respect of any setoff or counterclaim.
  3. If the Customer fails to pay for any instalment or instalments of the goods, the Company may in
    its absolute discretion, but without prejudice to any other remedy it may have, postpone the fulfilment of its obligations under the contract and under any other contract until such payment is made and charge to the Customer any extra expense incurred thereby.


  1. Notwithstanding delivery of the goods to the customer, property in the goods will not pass to the
    Customer until the Customer has paid to the Company all sums owing by the Customer to the Company under the contract.
  2. Until such payment is made, the Customer holds the goods as bailee for the Company and will store the goods separately from other goods on the premises of the Customer or in some other way as to render them capable of separate identification.
  3. Where payment is not made on or before the due date, the Customer will, upon demand by the Company, deliver up the goods to the Company, failing which the Company is hereby irrevocably authorised to enter upon the place where the goods are situated and remove the same and the Customer will indemnify the Company against any action claim or demand arising out of the exercise by the Company of its powers under this sub-clause.
  4. Where the contract is for delivery of goods by instalments, the property will not pass in any instalment until payment has been made to the Company for the whole contract quantity.


Risk will pass to the Customer on delivery of the goods otwithstanding that ownership remains with the Company until payment is made in full.

  1. Unless otherwise stated in writing, the Company shall be entitled to make delivery by instalments and to determine the route and manner of delivery of the goods.
  2. The Company shall be entitled to deliver the goods to the premises notified by the Customer even though those premises may be unattended by the Customer at the time of delivery
  3. The Company’s delivery records shall be prima facie proof of delivery of the goods to the Customer.
  4. If the Company is prevented (directly or indirectly) from delivering the goods or any of them by reason of any act of God or strikes, lockouts, trade disputes, fire, breakdown, interruption of transport, governmental action or any other cause whatsoever (whether or not of the like nature to those specified herein) outside its control the Company will be under no liability whatsoever to the Customer and will be entitled at its option either to terminate the contract or to extend the time of its performance.

Except where the Customer has a statutory right of termination, orders accepted by the Company may not be cancelled either wholly or in part without the consent in writing of the Company.

Upon the happening of any of the following events:

  1. The Customer makes default in any payment due under any contract or in payment of any monies due by Company,
  2. a resolution is passed or proposed or a petition is presented or an application filed for the winding-up of the Customer;
  3. a receiver or receiver and manager is appointed of the property or any part of the property of the Customer;
  4. the Customer makes or proposes to make any arrangements with its creditors;
  5. the Customer is placed under official management;
  6. execution is levied upon any of the assets of the Customer;
  7. the Customer becomes bankrupt,

the Company may at its option and notwithstanding its waiver of any previous default or failure and without prejudice to any other remedies it may have withhold further deliveries or require payment in cash before or on shipment or delivery (notwithstanding any prior agreement as to the terms of payment) or terminate all or any contracts.

    1. (i) The product is warranted for 12 (twelve) months from date of purchase; excluding consumables, if applicable, subject to the terms and conditions contained herein
    2. (ii) The Company will handle all service, warranty related affairs.
    3. (iii) This warranty is limited to defects in workmanship or parts. All defective products or parts will be repaired or replaced. This warranty does not extend to consumables. This warranty does not cover manuals and packing.
    4. (iv) The Company reserves the right to replace the Product or relevant part with the same or equivalent product or part, rather than repair it. Where a replacement is provided the Product or part replaced becomes the property of the Company. The Company may replace parts with refurbished parts. Replacement of the Product or a part does not extend or restart the Warranty period.
    5. (v) The benefits conferred by this warranty are in addition to all rights and remedies in respect of the product that the consumer has under the Trade Practices Act and similar state and territory laws.
    6. (vi) This warranty is not transferable. This warranty is only valid for the original purchaser and does not apply to any subsequent purchaser / end use
  2. What this limited warranty does not cover:
    1. (i) Defects or damages from accident, misuse, abnormal use, abnormal conditions, improper storage, exposure to moisture, oils and solvents, extreme environmental changes such as temperature and humidity, dampness or corrosive environments, unauthorised modifications, unauthorised repair, neglect, rough handling, abuse, accident, alteration, improper installation, incorrect voltage application, food or liquid spillage, acts of God.
    2. (ii) Incorrect care and maintenance requirements.
    3. (iii) Entry by any insect, vermin or foreign object in the Product
    4. (iv) Breakage or damage; unless caused directly by defects in materials or workmanship.
    5. (v) The cost of delivery or transportation of the product to the Company or officially appointed service centre.
    6. (vi) Normal wear and tear.
    7. (vii) Damage resulting from the use of non-approved consumables
    8. (viii) The Company is not responsible for delays or charges in the warranty process due to transportation or material availability.
    9. (ix) External suppliers may provide the materials and consumables which the product operates in conjunction with. The Company does not accept responsibility under warranty for the operation or performance of the consumables
    10. (x) All materials used in production are covered by the original manufactures warranty only.
    1. (i) Purchase docket or receipt as proof of purchase and as proof of the date on which the purchase was made. The purchase docket or receipt must be presented when making a claim under this warranty. If in the event the receipt of purchase is not presented, then this warranty is invalid.
    1. (i) This warranty does not cover damage arising during transportation, installation or while moving the Product, or to any transportation costs of the Product or any parts thereof to and from the Customer. Whilst in transit the goods are at the owner’s risk.
    2. (ii) This warranty only applies if the product has been used in accordance with the manufacturer’s instructions under normal use and with reasonable care (in the opinion of Company or Company’s Authorised Repairer) subject to all terms and conditions set out in this document and in the handbook.
  5. The above warranty conditions are subject to change without prior notice
  1. Subject to any State or federal legislation which expressly prohibits the exclusion of any condition or warranty which may be implied into any contract;
    1. (i) the Company will be under no liability to the Customer for any defects in the goods resulting from or arising out of the production of the same in accordance with any information, designs or drawings provided by the Customer or submitted to the Customer by the Company and approved by the Customer;
    2. (ii) all conditions, warranties and representations on the part of the Company which are not contained in or incorporated by reference in these terms and conditions or on the fact hereof, whether express or implied, statutory or otherwise, and whether collateral or antecedent hereto or otherwise, are hereby expressly excluded;
    3. (iii) The limit of the companies warranty on the goods will extend so far as the cost of rectification at the premises of the Company and will only take effect if the Company is proven to have been negligent in its manufacture to the Customers drawing or specifications. Any additional costs, claims or liabilities will be borne by the Customer,
    4. (iv) the Company will be under no liability whatsoever to the Customer for any loss, injury or damage (including consequential loss, injury or damage) suffered or caused as a result of or arising out of any act or omission (whether negligent or otherwise) by the Company, its servants or agents or any other person in any way related to or arising out of the performance of the Contract by the Company;
  2. Where the goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the liability of the Company for breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act (not being a condition or warranty implied by Section 69 of the Act) will (subject to the qualification contained in Section 68A of that Act) be limited to such one of the following as shall be determined by the Company in its discretion.
    1. (i) the replacement of the goods or the supply of equivalent goods; or
    2. (ii) the repair of the goods; or
    3. (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    4. (iv) the payment of the cost of having the goods repaired

Upon the happening of any of the following events:

  1. The Customer will, upon demand by the Company, pay to the Company the amount of any stamp duty or other tax (including sales tax and GST) payable on the supply of any goods by the Company.
  2. A certificate signed by an office of the Company stating the amount due and payable by the Customer under any contract will be prima facie evidence thereof.
  3. If any provision or part of any provision of any contract is or becomes unenforceable or void or voidable, that provision or part thereof (as the case may be) will be severed from the contact so that
    the validity and enforceability of the remaining provisions will not be affected.
  4. The Customer may not deal with (including, to avoid doubt, assign) any of it’s rights or obligations under these terms and conditions without our prior written consent and any dealing without that prior written consent is void and of no effect.
  5. Each contract will be governed by the law of Queensland and the parties submit to the jurisdiction of the Courts of that State.

All copyright, design right and other intellectual property in any design, specification, process, method of working or other information relating to the Goods (other than that provided by the Buyer to the Company) shall vest for all time in the Company. The Company only grants to the Buyer an irrevocable license to use the Goods.