Terms & Conditions

Orders

Our contact details for submitting orders are as follows:
Phone - (02) 4968 9101
Fax - (02) 4968 9110
Email - sales@nhtb.com.au

Prior to submitting an order, please review our terms and conditions of sale below as any order is submitted subject to these terms and conditions.

When submitting an order, please ensure that you:

  • identify the requested products by reference to the "Product Codes" displayed on this website; and
  • clearly state whether the ordered products are to be delivered by courier (if so, please identify the delivery address clearly) or collected in person.”

Terms and Conditions of Sale

  1. DEFINITIONS AND INTERPRETATION

    1.1 Definitions

    In these terms and conditions, unless the context otherwise requires:

    Accepted Order means that term as it is defined in clause 3b).

    Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the relevant State or Territory fair trading legislation.

    Buyer means a person who places an Order with NHTB.

    Business Day means any day other than a Saturday, Sunday or public holiday in NSW or 27, 28, 29, 30 or 31 December.

    Force Majeure Event means any event, cause or occurrence the effect of which directly or indirectly prevents or delays NHTB performing any of its obligations under these terms and conditions and that is beyond the reasonable control of NHTB, including:

    1. act of God, lightening, storm, flood, fire, earthquake, explosion, cyclone, tidal wave, landslide or other adverse weather conditions;
    2. strike, lockout or other labour difficulty;
    3. raw material shortage;
    4. breakdown of plant, transportation or equipment;
    5. act of public enemy, war (declared or undeclared), terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion or epidemic; or
    6. Embargo, inability to obtain necessary materials, equipment, facilities or qualified employees, power or water shortage or lack of transportation.

    Good means any good identified in an Order.

    GST means the goods and services tax imposed by the GST Law together with any related interest, penalties, fines or other charges.

    GST Amount means any Payment (or the taxable part of that Payment) multiplied by the appropriate rate of GST.

    GST Law has the meaning given to that term in A New Tax System (Goods and Services) Act 1999, or, if that Act does not exist for any reason, any Act imposing or relating to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act.

    NHTB means Newcastle Hi-Tensile Bolt Company Pty Limited.

    Order means a faxed, emailed or verbal order for Goods received by NHTB from a Buyer.

    Payment means any amount payable under or in connection with an Accepted Order as well as any amount payable by way of indemnity, reimbursement or otherwise and includes the provision of any non-monetary consideration.

    PPSA means Personal Property Securities Act 2009 (Cth).

    Price means the price for Goods included in an Accepted Order, as set out in the Sales Invoice applicable to those Goods.

    Sales Invoice means any invoice issued by NHTB to the Buyer in respect of Goods the subject of an Accepted Order.

    Tax Invoice has the meaning given to that term in the GST Law.

    Taxable Supply has the meaning given to that term in the GST Law.

    1.2 Interpretation

    In these terms and conditions:

    1. headings are for convenience only and do not affect interpretation;
    2. a reference to:
      1. a “person” includes any legal entity;
      2. a “month” or “day” means a calendar month or day (as appropriate);
      3. legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
      4. a document or agreement, or a provision of a document or agreement, is to that document, agreement or provision as amended, supplemented, replaced or novated;
      5. a party to these terms and conditions includes a permitted substitute or assign of that party; and
      6. "$" or "dollars" means Australian dollars;
    3. words importing the singular shall include the plural (and vice versa);
    4. if a word is defined, another part of speech has a corresponding meaning; and
    5. if an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing.
  2. TERMS AND CONDITIONS
    1. Other than in the case of terms and conditions which are imposed by law and cannot be excluded, these and the terms of the relevant Accepted Order are the only terms and conditions which apply to the supply of Goods to the Buyer. Any other terms sought to be imposed by the Buyer are not incorporated into these terms and conditions unless agreed by NHTB in writing.
    2. In the event of any inconsistency between these terms and conditions and the terms of an Accepted Order, the terms of the Accepted Order prevail to the extent of the inconsistency.
  3. ACCEPTED ORDER
    1. The Buyer may place an Order at any time.
    2. Upon receiving an Order, NHTB will elect at its absolute discretion whether to accept or reject the relevant Order.
    3. If an Order is not accepted by NHTB, whether verbally, in writing or by its actions, it will be deemed to have been rejected by NHTB.
    4. If NHTB accepts an Order it becomes an “Accepted Order” upon such acceptance and NHTB agrees to supply and the Buyer agrees to purchase the Goods the subject of that Accepted Order on these terms and conditions and the terms of the Accepted Order.
  4. INVOICING AND PAYMENT
    1. At or soon after the time at which a Good is delivered to or collected by the Buyer, NHTB must issue the Buyer with a Sales Invoice in respect of the relevant Good(s).
    2. Unless contrary payment terms are agreed between NHTB and the Buyer in writing, the Buyer must pay NHTB the Price (including any GST Amount) without any deduction or set off at the time of sale or within 30 days EOM if the Company/ Buyer has an approved account with NHTB.
    3. If the Buyer fails to make full payment in accordance with clause 4(b):
      1. all amounts owing by the Buyer to NHTB in respect of the relevant Goods shall immediately become due and payable; and
      2. the Buyer must pay to NHTB interest on that amount from the due date for payment until the amount is paid in full at a rate of 10% per annum calculated on a daily basis and without the need for a further invoice to be issued by NHTB.
  5. INSPECTION AND ACCEPTANCE
    1. Within seven Business Days after the delivery or collection of Goods to or by the Buyer in accordance with an Accepted Order (Notification Date), the Buyer must give written notice to NHTB if it believes that any Good is not in accordance with the relevant Accepted Order.
    2. Subject to any non-excludable condition implied by law, if the Buyer fails to notify NHTB of an issue in accordance with clause 5(a) by 5:00pm AEST on the Notification Date, the Goods the subject of the relevant Accepted Order will be deemed to have been accepted by the Buyer at that time and the Buyer will be barred from bringing any claim against NHTB in respect of those Goods.
    3. Where the Buyer gives written notice to NHTB prior to 5:00pm AEST on the Notification Date that it believes that Goods are not in accordance with the relevant Accepted Order, the Buyer is responsible for returning the relevant Goods to NHTB in the form in which they were supplied, within 14 days after the date of delivery.
    4. Within a reasonable period after NHTB receives Goods returned in accordance with clause 5c), it must determine whether they are or are not in accordance with the relevant Accepted Order. Where NHTB determines acting reasonably that the relevant Goods are:
      1. not in accordance with the relevant Accepted Order, NHTB’s liability will be limited in the manner contemplated in clause 19; or
  6. CANCELLATION OR REFUSAL
    1. For Special order/ customised products unless otherwise agreed in writing by NHTB, which may be on terms, the Buyer has no right to cancel an Accepted Order of Special order/ customised products or refuse to accept Goods the subject of this Accepted Order.
    2. If a Buyer purports to cancel an Accepted Order of Special order/ customised products or refuses to accept Goods the subject of an Accepted Order other than in accordance with clause 6(a), all direct and indirect costs incurred by NHTB as a result of those actions will be immediately due and payable to NHTB by the Buyer.
  7. PASSING OF PROPERTY AND RISK
    1. All Goods supplied by NHTB to the Buyer shall be at the Buyer’s risk immediately upon their collection by the Buyer or any delivery service.
    2. The Buyer must insure all Goods (at its own cost) from the time of their collection against all reasonable risks, note the interest of NHTB in the relevant policy and produce a certificate to this effect to NHTB whenever requested to do so.
    3. Title in all Goods supplied by NHTB to the Buyer under these terms and conditions shall not pass to the Buyer until those Goods are paid for in full.
    4. Up until the time at which all Goods included in an Accepted Order have been paid for in full by the Buyer, the Buyer:
      1. must store such Goods in a manner which shows clearly that they are the property of NHTB;
      2. may sell such Goods, in the ordinary course of its business, as agent for NHTB and account to NHTB for the proceeds of sale (including any proceeds from insurance claims); and
      3. irrevocably authorises NHTB at any time to enter onto any premises upon which:
        1. such Goods are stored to enable NHTB to inspect the Goods and, if the Buyer has breached any of these terms and conditions, reclaim the Goods; and
        2. the Buyer’s records pertaining to such Goods are held to inspect and copy such records.
    5. The Buyer and NHTB agree that the provisions of this clause 7 apply notwithstanding any arrangement under which NHTB grants credit to the Buyer.
    6. Each party consents to the other perfecting any security interest under this agreement which arises by operation of the PPSA in any property by registration under the PPSA and agrees to do anything reasonably requested by the other party to enable it to do so.
    7. The parties contract out of each provision of the PPSA which, under section 115(1) of that Act, they are permitted to contract out of, other than:
      1. sections 117 and 118 (relationship with land laws); and
      2. sections 134(1) and 135 (retention of collateral).
    8. Each party waives its right to receive each notice which, under section 157(3) of the PPSA, it is permitted to waive.
    9. Each party waives its rights to receive anything from any other party under section 275 of the PPSA and agrees not to make any request of any other party under that section.
  8. PART DELIVERIES
    1. NHTB reserves the right to make part deliveries of any Goods and each part delivery shall constitute a separate sale upon these terms and conditions.
    2. A part delivery shall not invalidate the balance of an Accepted Order.
  9. INSTALLATION

    All Goods are supplied on a supply only basis. Installation and commissioning (if any) is at the expense of the Buyer.

  10. DIMENSIONS, PERFORMANCE DATA AND OTHER DESCRIPTIVE DETAILS

    The Buyer acknowledges and agrees that:

    1. it has reviewed all technical information available on NHTB’s website concerning the Goods;
    2. to the extent permitted by law, any specifications or performance data provided by or on behalf of NHTB is by way of estimation only, may not be accurate and should be independently verified by the Buyer prior to using the relevant Good; and
    3. NHTB reserves the right to supply an alternative brand or substitute product that has characteristics that are materially consistent with the Goods.
  11. SHIPMENT AND DELIVERY
    1. Unless an agreement is made in writing with NHTB a delivery charge will apply to all deliveries outside the local freight area. A delivery charge will also apply to all deliveries within the local freight area that total less than $100.00. A delivery charge may also apply where there are heavy or bulky items.
  12. MANUFACTURERS’ CHANGES

    Where NHTB acts as agent for a manufacturer or supplier, to the extent permitted by law, NHTB shall not be liable for any alteration or variation in the Goods made by this manufacturer or supplier

  13. FORCE MAJEURE EVENT

    If the performance or observance of any obligation of NHTB under these terms and conditions is prevented, restricted or affected by reason of the effects of a Force Majeure Event:

    1. NHTB may, in its absolute discretion, give prompt notice of that event to the Buyer; and
    2. on and from the delivery of that notice, NHTB is excused from such performance or observance to the extent of the relevant prevention, restriction or effect.
  14. DISPUTE RESOLUTION
    1. Subject to clause 14c), if a dispute arises in connection with these terms and conditions or any Goods:
      1. the party initiating the dispute must notify the other party of the dispute in writing as soon as possible after the dispute arises (Dispute Notice); and
      2. appropriate representatives from the parties must meet as soon as possible after the Dispute Notice has been issued to negotiate in good faith to attempt to resolve the dispute.
    2. If the relevant dispute is not resolved within 30 days after the issuing of a Dispute Notice, either party may commence legal proceedings.
    3. Notwithstanding anything else in this clause 14, a party may at any time commence proceedings in relation to these terms and conditions where that party seeks urgent interlocutory relief.
  15. DEFAULT OF BUYER

    If these terms and conditions are not strictly observed by the Buyer or the Buyer suffers an insolvency event (as determined by NHTB acting reasonably):

    1. NHTB may, in its absolute discretion, refuse to supply Goods to the Buyer until the default is resolved to the satisfaction of NHTB and NHTB shall have no liability to the Buyer for any loss or damage the Buyer may sustain as a result of such refusal; and
    2. the costs of collection of any moneys due and payable by the Buyer to NHTB, including the fees of any mercantile agent or lawyer engaged by NHTB in relation to such default, shall be immediately due and payable upon demand by NHTB.
  16. GST

    The parties agree that:

    1. the Total price on an invoice is inclusive of GST all other Payments have been calculated without regard to GST;
    2. each party will comply with its obligations under the Competition and Consumer Act 2010 (Cth) when calculating the amount of any GST payable on a Payment;
    3. if the whole or any part of any Payment is the consideration for a Taxable Supply (other than for payment of the Price) for which the payee is liable to GST, the payer must pay to the payee an additional amount equal to the GST Amount concurrently with that Payment; and
    4. any reference to a cost or expense in these terms and conditions excludes any amount in respect of GST forming part of the relevant cost or expense when incurred by the relevant party for which that party can claim an Input Tax Credit; and the payee will provide to the payer a Tax Invoice.
  17. WARRANTY AND LIABILITY OF SELLER
    1. NHTB makes no express warranties under these terms and conditions in respect of the Goods.
    2. Any third party manufacturer of the Goods may provide a voluntary warranty directly to the Buyer, in which case the Buyer must address issues relating to that warranty with the manufacturer.
    3. The Buyer must immediately notify NHTB in writing of any defect in a Good supplied by NHTB and must not carry out any remedial work to allegedly defective Goods without first obtaining the written consent of NHTB.
    4. The provisions of clause 17(b) do not constitute a warranty in relation to the quality or fitness of the Goods, or require NHTB to repair or replace any Good, or offer a refund in relation to any Good, in circumstances other than those set out in Australian Consumer Law (to the extent that the Australian Consumer Law applies to the relevant Good)
    5. The Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law guarantee certain conditions, warranties and undertakings, and give the Buyer other legal rights, in relation to the quality and fitness of consumer goods sold in Australia. These guarantees cannot be modified or excluded by contract. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Where any of these conditions, warranties, representations, undertakings and guarantees apply, NHTB’s liability is limited to the fullest extent permitted by law.
    6. To the fullest extent permitted by law, the liability, if any, of NHTB arising from a breach of any implied conditions or warranties, or failure to comply with a statutory guarantee under the Australian Consumer Law, in relation to the supply of Goods, other than Goods of a kind ordinarily acquired for personal, domestic or household use or consumption, shall, at NHTB’s option be limited to:
      1. the replacement or resupply of the relevant Goods by NHTB, or the cost of replacement or resupply of the relevant Goods; or
      2. the repair of the relevant Goods, or the cost of repair of the relevant Goods.
    7. NHTB makes no express warranties in relation to the suitability for any purpose of any Good.
    8. To the extent permitted by law, all warranties, conditions and guarantees (whether express, implied or applied, and whether given by NHTB, the manufacturer or a third party) and any obligation of NHTB to repair or replace any Goods are void in respect of Goods which the Buyer tampers with or alters.
  18. EXCLUDED LOSS

    NHTB shall have no liability to the Buyer whatsoever under or arising out of these terms and conditions for:

    1. business interruption, loss of use, production, opportunity, access to markets, profit, income, business, contract, reputation or anticipated savings or for any delay, financing costs or increase in operating costs; or
    2. any other financial or economic loss or any other special or indirect loss or damage,

    whether or not in the reasonable contemplation of the Buyer and NHTB at the time of the Order.

  19. VIENNA SALES CONVENTION

    To the fullest extent permitted by law, the United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980), known as the Vienna Sales Convention, does not apply to these terms and conditions.

  20. GOVERNING LAW

    These terms and conditions and any contract including them shall be governed by and construed in accordance with the laws of the State of New South Wales and NHTB and the Buyer submit to the non-exclusive jurisdiction of the courts of New South Wales.

  21. ASSIGNMENT

    The Buyer must not assign or attempt to assign any of its rights under these terms and conditions without the prior written consent of NHTB.

  22. SEVERABILITY OF PROVISIONS

    If any provision of these terms and conditions is found to be void, voidable or unenforceable, it is to be severed from these terms and conditions without affecting the validity or enforceability of the remaining provisions of these terms and conditions.

  23. SET OFF

    NHTB may set off from any payment claimed by the Buyer under these terms and conditions, any amount claimed by NHTB from the Buyer, whether under these terms and conditions or otherwise.

  24. VARIATION

    No amendment or variation of these terms and conditions is valid or binding on a party unless made in writing and executed by both parties.

  25. WAIVER

    No waiver of any of these terms and conditions (or any breach of a provision of these terms and conditions) is valid or binding on the party granting that waiver unless made in writing and signed by that party.

  26. FURTHER ASSURANCES

    Each party agrees to do everything necessary to give full effect to these terms and conditions and the transactions contemplated in them.

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