Terms & Conditions

PRICES
All prices shown are suggested retail and are subject to GST. E&OE. Prices and specifications may change without notice.

FREIGHT

Spare Parts:
All spare parts orders will incur freight charge, unless freight is forwarded on to customer account or specific carrier.

Finished Goods:
All finished goods are priced ex. Geelong Warehouse. Please contact BA Group Customer Services for freight pricing of all sprayers, spreaders, and tanks.

PAYMENT TERMS
Payment is due on the 30th day of the month following the date of purchase. Payment by the 30th will ensure full trade discount as indicated on the invoice. Cheques are accepted subject to collection and with full rights of recourse. Interest on overdue account will be charged at 2.5% per month. On default of payment the purchaser shall be liable for all costs of recovering the debt.

a. That under the terms of the Privacy Act (1 July 1993) you authorise any person or company to provide us with such information as we may require in response to our credit enquires. That you authorise us to furnish to any third party, details of this application and any subsequebt dealings that you may have with us as a result of this application being actioned by us.

WARRANTY
BA Group Australia (hereinafter reffered to as BA) warrants to the original purchaser that the equipment, bearing the reference numbers noted as sold, free from defects in materials, mechanical parts, and workmanship. Accordingly, BA undertake to repair, or without cost to such original purchaser either for material, parts, or labour, any part within the specified warranty period from time of delivery which is found to be defective; PROVIDED that the equipment has been used for normal purposes only in accordance with the instuctions and has not bee subject to neglect, misuse, or accident, and has not been repaired serviced or dismantled by any person other than a service agent or person authorised by BA. This warranty does not extend to cover repair or replacement of moving or rubber parts due to normal fair wear and tear arising from use. WARRANTY GOODS ARE TO BE RETURNED TO BA WITH FREIGHT PAID BY SENDER BOTH WAYS.

MAXIMUM LIABILITY
The maximum liability accepted by BA is limited to replacement of faulty goods only. In the manufacture of our goods every care has been taken but as the use of the goods is outside the control of the manufacturer, the end user assumes all responsibility for the use of the good. Neither the manufacturer, nor any distributor or retailer, shall be liable for any loss, damage, or down time as a result from the use of our goods. Any advice or recommendation given by BA or our staff is given in good faith and based on the best information available to BA but neither we nor our staff accept liability arising from following that advice.

DELIVERY OF GOODS
Delivery shall be deemed complete when BA gives possession of any goods to a carrier for delivery to the purchaser. BA shall not be liable for damage or loss whatsoever arising from any failure to deliver goods, or, the delay of the in-delivery of the goods caused by an event beyond our control. The purchaser should notify BA IMMEDIATELY regarding any claims for damages in transit.

RETENTION OF OWNERSHIP
a.
Notwithstanding delivery to the purchaser of any goods, the subject hereof ownership and title thereto shall at all times and under all circumstances remain vested in BA; until the whole of the purchase price of such goods shall have been paid to BA in full. Receipt by BA of any cheque, other bill of exchange, or any promissory note, shall not be deemed to be payment, or conditional payment, untill the same has been honoured or cleared and untill such time shall not prejudice or affect BA rights, powers, or remedie against the purchaser and/or the goods.

b. Subject always to any agreements to the contrary, in the event that the purchase price for the goods shall not have been paid to BA within a period of two months from the date of delivery; or possession to the purchaser; or in the event of the purchaser having not paid the purchase price to BA in full and becoming bankrupt (or if a Company having a receiver appointed of its assets or giving into liquidation) then in addition to any other remedies to which BA may at law or in equity may repossess any such goods. Upon repossession, BA shall immediately take such steps to dispose of such goods; by private sale or auction. BA shall apply the proceeds of such sale: first, in payment to itself of any balance of the original purchases price outstanding; secondly, in payment of the costs of the repossession and sale; and thirdly, in respect of any balance to the benfit of the purchaser. 

c. For the purpose of repossession the purchaser hereby irrevocably gives BA by its servants, and duly authorised agents, leave and licence without the necessity of giving any notice to enter on and into any premises where goods are situated or stored and to remove the same from; and BA shall not be liable for any damages arsing out of any such entry and damage arising out of and in respect of any such repossessions or sale.

d. In the event that the purchaser is not purchasing the goods for the purchaser's own use or consumption, then until payment in full of the purchase price and all outstanding indebtedness has been made, the purchaser acknowledges and agrees as follows:

i. That the goods supplied are held by the purchaser as bail to be sold by it as agent for and behalf of BA.

ii. That the purchaser shall, if directed by BA, store the goods supplied in such a way that it is clear that they are the property of BA in particular being stored and maintined in as-new condition.

e. If any of the goods sold pursuant to these conditions are incorporated in other goods before payment is made to BA the property in the whole of such goods shall be and remain with BA untill payment has been made and all the rights of BA hereunder in the original goods shall extend other goods.

SALE BY THE PURCHASER
Untill such time as the purchaser shall have paid the purchase for the goods to BA in full, the purchaser shall not under any circumstances sell or otherwise dispose of the goods, without the consent in writing of BA first had and obtained. In the event that the purchaser shall in contravention of this clause on sell the goods prior to making payment to BA of the purchase price in full then BA shall be entitled both in law and in equity to a first charge over any proceeds of the sale of the goods by the purchaser.

RISK
The risk in the goods supplied by BA to the purchaser shall pass to the purchaser updon delivery as defined herein.

RETURN OF GOODS
Goods WILL NOT be accepted for credit unless returned within 21 days of delivery. Procured and indent goods are non-returnable. PRIOR APPROVAL MUST BE OBTAINED. The invoice number must be provided with returned goods. The credit value of AUTHORISED RETURNS will be invoice less freight unless: 

a. The goods are defective.

b. An arror was made on our part.

A restocking fee will be charged for goods received back which do not meet the above criteria or that are in less than saleable condition.