VALIDITY:

The offer to purchase is open for consideration and valid for thirty (30) days from the date of quotation unless otherwise stated and is not binding on Jubilee Energy until accepted in writing by a duly authorised offer of the company.  Unless otherwise stated in writing prices are subject to any variations to currency exchange rates, ocean freight rates or marine insurance charges occurring to the time of delivery.  Any other variations that may be applicable, such as labour and materials, etc., will be nominated in writing as part of the quotation.  The prices given are based on current pricing schedules and/or exchange rates as stated in quotation.  Prices are subject to Buyer’s order being for the whole amount mentioned in the quotation.

G.S.T.:

G.S.T has not been included in the price quoted unless stated and would be extra, if applicable.

DELIVERY:

Jubilee Energy gives no warranty in respect to delivery times.  No liability will be accepted by seller in respect of any claims through or in connection with the delivery of goods.  If at any time before delivery by reason of any cause whatsoever beyond the control of Jubilee Energy, the company is prevented from making delivery and/or commissioning at the time stipulated, Jubilee Energy shall be entitled to determine the contract and the buyer shall not in consequence have any claim for damages but without prejudice to the rights of the company to recover all sums owing to it in respect of deliveries made or services performed prior to the date of such determination or to recover all payments made or expenses incurred by Jubilee Energy in connection with the contract.  Jubilee Energy is not responsible for any delays due to strikes, shipping troubles or due to any other cause beyond the control of Jubilee Energy.

Except as provided in above hereof after an order has been accepted by Jubilee Energy such order shall not be subject to cancellation without a written consent of both parties. The liability of Jubilee Energy for damages of any breach of the contract shall (subject to any limitations herein contained) be limited to general damages and in cases where Jubilee Energy accepts responsibility for delivery by rail, ship, aircraft, or other vehicle, the buyer will be responsible for immediate examination of goods after arrival at destination and in the event of any goods arriving in a damaged condition must report the matter in writing to the company.  No claim for goods damaged in transit will be entertained unless made within three (3) days after arrival at destination.  Unless expressly agreed, the responsibility of Jubilee Energy ceases on goods being delivered to place of delivery.  Should work of any kind be carried out by Jubilee Energy on the buyers or any other premises the company shall not be liable for any loss or damage occasioned by the buyer or contractor arising from any cause connected in any way with such work.

TERM OF PAYMENT:

Unless otherwise stated in writing, payment would be deposit with order, progress payments and/or net cash ex works before delivery.  Nothing in this document shall confer upon the purchaser any right to delay the goods sold.

TITLE:

As long as the purchaser owes the seller any part of the price of the goods supplied at any time, Jubilee Energy shall retain the legal title to all goods supplied and not yet used or resold in the ordinary course of business.  When such goods are used the legal title remains vested in Jubilee Energy.  Such goods, whether used or unused may only be sold by the purchaser to bona fide customers for market value in the ordinary course of business and the proceeds of such sale shall be received the purchaser as agents of the seller on their account and shall be kept separate from other monies of the purchaser.  

If goods are in the possession of a purchaser to which the title has not passed the purchaser is under an obligation to retain them in a good and merchantable condition and to ensure that they are stored separately and otherwise kept the same in such manner which clearly identifies them as the goods of Jubilee Energy.  If goods are in the possession to which title has not yet been passed, Jubilee Energy shall in respect of such goods have a right of inspection of such goods; a right of repossession of such goods; and a right of entry on to the buyer’s premises to give effect to these rights.  Notwithstanding that the title to such goods has not passed to the purchaser, the party who has possession of such goods shall accept all liability for damages to any person or property.

GENERAL:

Recommendations concerning performance, dimensional information, operating costs and applications contained in this “Offer to Purchase” or any other communication prepared by the seller or their suppliers, are intended as guidelines only.  Owing to the many variables peculiar to specific applications, neither the seller nor their suppliers expressly or implicitly warrant that equipment will perform as estimated. The Purchaser agrees that it does not rely on the skill and judgement of Jubilee Energy in relation to the suitability of any of the Goods for a particular purpose or application for which the Goods are required by the Purchaser and Jubilee Energy is under no liability whatsoever if such Goods are not suitable and fit.

WARRANTY:

The equipment offered in accordance with the relevant manufacturer’s Warranty Statements and Warranty Policy of Jubilee Energy which are available on request and issued with all new equipment sold by Jubilee Energy.  This warranty is given to the exclusion of all other warranties, conditions or liabilities expressed or implied by statute, common law or otherwise, but is given subject to the Trade Practices Act 1974 (as amended 1974).  Equipment options, attachments and auxiliary equipment not manufactured by the manufacturer of the principal equipment offered may be covered by the individual manufacturer warranty and are not covered by Jubilee Energy Warranty.    

1. GENERAL:

1:1 In this document “the Company” means JUBILEE ENERGY who has supplied Goods to the Customer; “the Customer” means the person firm company or body who has entered into a Contract with the Company; “Goods” means the goods (including any installment of the goods or any parts of them) which the Company has supplied to the customer in accordance with these conditions; “Conditions” means (a) the quotation / order / acceptance forms (if the Customers order is accepted by the Company) and (b) Jubilee Energy Standard Conditions of Supply; and (c) Jubilee Energy Standard Terms of Warranty as set out in this document; and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Company and the Customer; “Jubilee Energy Standard Terms of Warranty” has the meaning attributed to it in Condition 1:2 below; “Contract” means the contract for the sale and purchase of the Goods; “Writing” includes telex, cable, facsimile transmission and comparable means of communication.

1:2 This Warranty document contains the Jubilee Energy Standard Terms of Warranty and forms part of and must be read in accordance with and subject to the terms and conditions contained in the Jubilee Energy Standard Conditions of Supply as incorporated in the Contract unless the quotation and/or acceptance of order specifically refers to a different warranty document in which case that different warranty document (to the exclusion of the Jubilee Energy Standard Warranty Document) forms part of and must be read in accordance with and subject to the terms and conditions contained in the Jubilee Energy Conditions of Supply as incorporated in the Contract.

1:3 In cases where the Customer is a consumer the provisions contained in this warranty shall be in addition to (and shall not limit or restrict) the statutory rights available to consumers under Australian Law.

2 WARRANTY:

2. Subject to the conditions contained in Condition 3 & 4 below, the Company warrants that the Goods will correspond with their specification at the time of delivery and (in relation to mechanical and electrical components in the Goods) the Company warrants that such components shall (provided the Goods are subjected to normal usage only and subject to the conditions and exclusions referred to in Condition 4) remain free of defects (other than those resulting from fair wear and tear) for twelve months from the date upon which the risk in the Goods passes to the Customer in accordance with the terms of the Contract, or up to 1000 operating hours, whichever occurs sooner.

3 PROCEDURES:

3:1 In no case shall the Company be under any liability as aforesaid where the Customer fails to observe and follow the steps set out in Conditions 3:1:1 – 3:1:3

3:1:1 Forthwith upon becoming aware of any alleged defect, the Customer shall notify the Company in writing of such alleged defects in the Goods, the nature thereof and the respect in which the Company is alleged to be in breach of contract of duty.

3:1:2 The Company shall be afforded reasonable opportunity to inspect and to test the Goods; where the Company so requests, the Customer shall return the Goods (at the Customer’s expense) to the Company’s premises.

3:1:3 Within a reasonable time after carrying out such inspections and tests as are considered necessary by the Directors of the Company, the Company shall inform the Customer in writing EITHER that it rejects the complaint entirely, OR that it offers an allowance against the price paid or to be paid in respect of the allegedly defective Goods OR that it offers to replace allegedly defective Goods or to return or credit the price paid or to be paid in respect of those Goods, subject to those Goods (where the same have not been returned to the Company pursuant to condition 3:1:2) being returned to the Company within a stated time at the Customer’s risk and expense.

3:1:4 Within 10 days of receipt of the Company’s notification the customer shall inform the Company whether it accepts the Company’s decision or not.  If not the Company and the Customer shall then be deemed to be in dispute.  In such circumstances the dispute shall be dealt with in accordance with the provisions of the contract or (should the Customer so elect) in accordance with the Jubilee Energy arbitration scheme.

3:1:5 Where pursuant to Condition 3:1:3 additional goods are to be supplied the same shall be treated as being supplied under a new contract subject to the Jubilee Energy Terms and Conditions in force as at the date of such contract.

4 RESTRICTIONS AND LIMITATIONS:

4:1 The provisions of this Warranty shall not apply where the Goods have been modified by anyone without the Company’s prior written consent thereto.

4:2 The requirements and recommendations of the Company relating to the fitting and/or installation servicing inspection testing and use of any Goods must be strictly adhered to; in all appropriate cases the Customer must ensure that the Goods are regularly run and tested (so as to check and record that the same continue to perform according to specification).  Without prejudice to the generality of the foregoing Conditions or any other Conditions herein contained, the Company shall be under no liability whatever for or in respect of any damage or loss arising directly or indirectly from the failure to comply with or adhere to the provisions contained or referred to in this Condition 4:2

4:3 The limitations of liability contained in the Contract for the benefit of the Company apply to and are incorporated in this Warranty document in the same way as if the same had been set out in full herein.

4:4 The Customer should insure against all risks of loss or damage (without direct, indirect, consequential or otherwise) arising out of or in connection with the supply of Goods under this or any other Contract with the Company.

4:5 Warranty is based on parts basis only (unless otherwise stipulated).  All local charges such as labour, transportation, meals, accommodation and communication do not form part of the warranty.