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Terms and Conditions

McCarthy-Wood Digital – ABN: 40 322 438 800

Terms & Conditions

1. Application of Terms and Conditions
a. These terms and conditions of sale apply to a
nd govern all tenders and quotations submitted by,
all orders placed with, and all contracts, entered
by McCarthy-Wood (“
”) whereby goods and/or services are supplied, prov
ided and/or delivered (“
” or “
”) by McCarthy-Wood (“
b. Any agreement may be varied only with McCarthy-Wood’S
prior written consent.
c. To the extent that any conflict exists between
these terms and conditions of sale (or as they may
be varied in accordance with this clause 1) and an
other documentation or correspondence forming part
of any Agreement, these terms and conditions of sal
e (or as they may be varied in accordance with
this clause 1) shall be paramount and prevail.
d. Any order or offer made by any purchaser shall
not be binding on McCarthy-Wood until accepted by McCarthy-Wood
in writing or in such manner as McCarthy-Wood in its
sole discretion determines.
e. A tender or quotation submitted by McCarthy-Wood may
at any time prior to acceptance of an offer by ASPA
RK in respect of the supply of goods and/or
services be varied or withdrawn by McCarthy-Wood. Clerica
l, typing or other errors made in, or in respect of
, any tender or quotation shall be subject to
correction by McCarthy-Wood and the corrected tender or qu
otation shall apply.
f. To the extent that there is any inconsistency
existing between any terms and conditions appearing
in a purchaser’s order, and these terms and
conditions of sale, then these terms and conditions
shall only apply and the acceptance by a purchaser
of the supply by McCarthy-Wood of goods and/or
services the subject of such an order shall constit
ute an acceptance by the purchaser of the supply by
McCarthy-Wood of such goods and/or services solely on
these terms and conditions of sale.
g. These terms and conditions of sale replace in
their entirety any previous terms and conditions of
sale published, issued or used by McCarthy-Wood
or any division or subsidiary of McCarthy-Wood.
2. Period of the Quotation or Tender
Subject to clause 1(e) a quotation or tender submit
ted by McCarthy-Wood shall remain valid for 30 days from t
he date of such quotation or tender but also
subject to availability, price changes and unforsee
n circumstances.
3. Price
a. The prices quoted by McCarthy-Wood for the supply of
goods include, as appropriate but subject to the ot
her provisions of this clause 3 and clause 6(a), th
cost of transport to the agreed place of delivery.
b. The prices quoted by McCarthy-Wood for the supply of
goods and/or services exclude goods and services ta
x (“GST”) and the purchaser must also pay to
McCarthy-Wood an additional amount in respect of the impac
t of the GST on McCarthy-Wood, calculated by multiplying t
he price by the prevailing GST rate.
c. Any additions or increases in the cost of the
supply of goods and/or services as a result of any
additions or increases in charges, taxes (including
rate of GST) or costs associated with manufacture o
r supply of goods and/or services by McCarthy-Wood, includ
ing without limitation increases due to
variations in exchange rates, the cost of materials
or labour and/or the cost of conforming with any r
elevant legislation, court orders, regulations or
bylaws, between the date of McCarthy-Wood’S relevant quota
tion or tender or, where there is no such quotation
or tender, from the date of McCarthy-Wood’S
acceptance of the purchaser’s order, as the case ma
y be, and the date of supply of the relevant goods
and/or services shall be by the purchaser.
d. The prices quoted by McCarthy-Wood shall only apply t
o the specific goods and quantities of goods specif
ied in such quotation or tender or accepted order.
e. Unless otherwise stipulated all references to
dollars are references to the lawful currency of Au
f. If goods and/or services are supplied do and c
harge with out a written quote, the purchaser will
pay for goods and/or services at a cost to the sole
discretion of McCarthy-Wood.
4. Credit disclosure
a. The purchaser agrees that
McCarthy-Wood PTY LTD
may seek consumer credit information (section 18K(1
)(b). Privacy Act 1998)
If McCarthy-Wood PTY LTD considers it relevant to assessin
g the purchaser’s application for credit the purcha
ser agrees to McCarthy-Wood obtaining from a credit
reporting agency, a credit report containing person
al credit information about the purchaser in relati
on to credit provided by McCarthy-Wood PTY LTD.
b. Exchanging information with other credit provide
rs (Section 18N(1)(b), Privacy Act 1998)
The purchaser agrees to McCarthy-Wood obtaining personal i
nformation about the purchaser from other credit pr
oviders whose names the purchaser may have
provided to McCarthy-Wood PTY LTD or that may be named in
a credit report for the purpose of assessing the pu
rchaser’s application for credit made to McCarthy-Wood
c. The purchaser agrees to a credit provider being
given a consumer credit report to collect overdue p
ayments on consumer credit (Section
18K(1)(b) Privacy Act 1998)
5. Payment
a. The purchaser shall be invoiced at the time of
delivery of goods or supply of services as stated
in McCarthy-Wood’S quotation or tender from time to time o
as McCarthy-Wood in its sole discretion considers appropri
b. All invoices shall be due and payable within 1
4 days of the date of invoice, or as McCarthy-Wood in its
sole discretion considers appropriate.
c. The purchaser shall pay interest to McCarthy-Wood on
all moneys outstanding from the date 14 days after
the date of invoice (“the interest date”) calculate
d at
monthly rests at the rate of 13%. Payments receive
d by McCarthy-Wood shall be credited first against any int
erest accrued.
d. The purchaser shall not (nor shall it be entit
led to) set off or deduct from any amount payable t
o McCarthy-Wood under any Agreement, any amounts payable
by McCarthy-Wood to the purchaser under these terms and co
nditions of sale or any Agreement.
e. McCarthy-Wood reserves the right to refer the account t
o a Mercantile Agency for Collection of the total o
verdue amount. This acknowledgement is not limited
other recovery costs associated with the repossessi
on and resale of goods and gazetted professional le
gal fees if so required (full indemnity basis) will
be borne by the customer and be deemed the liabilit
y of the customer to pay under these Terms.
f. Despite anything contrary in these terms, all mo
nies due from the customer will become immediately
payable to McCarthy-Wood Group upon the happening of any
event or the issue against or service on the Custom
er of any notice or proceedings in any way concerni
ng the customer’s solvency or payment of its
6. Delivery
a. Unless otherwise agreed, where the purchaser h
as nominated in writing an address to McCarthy-Wood (“the
nominated address”), McCarthy-Wood shall deliver the
goods to the nominated address.
b. McCarthy-Wood shall not be responsible for unloading
goods at the point of deliver.
c. Where goods are to be delivered to a nominated
address McCarthy-Wood shall be deemed to have delivered t
he goods in accordance with the contract if it
obtains a receipt or signed delivery docket for the
goods from any person at the address.
d. If a nominated address is unattended or if de
livery cannot otherwise be effected or the goods ca
nnot be despatched due to any act, matter or thing
beyond the control of McCarthy-Wood, McCarthy-Wood in its sole di
scretion may store the goods at the purchaser’s ris
k and expense or take such other steps as it
considers appropriate.
e. McCarthy-Wood reserves the right to refuse to supply
goods and/or services under an Agreement if a purch
aser is in default of any of its payment obligation
under any one or more Agreements.
f. McCarthy-Wood reserves the right to choose or vary th
e means, route and procedure of delivery, transport
and handling of goods. If the purchaser requires
different means, route or procedure, the cost of de
livery shall be borne by the purchaser notwithstand
ing any other provision of these terms and
conditions of sale.
g. McCarthy-Wood may supply goods and/or services in ins
talments and these terms and conditions of sale sha
ll apply to each supply of goods and/or services
by instalments as if each instalment constituted su
pply under a separate Agreement and in particular,
the purchaser shall pay McCarthy-Wood for each
instalment of goods and/or services so supplied irr
espective of any failure or delay in the supply of
any other instalment of goods and/or services.
h. The risk of loss or damage to goods shall pas
s to the purchaser at the time of delivery or when
the purchaser is notified that the goods are availa
ble for
dispatch, as the case may be.
i. McCarthy-Wood shall make all reasonable efforts to m
eet any date for supply of goods and/or services ag
reed between McCarthy-Wood and the purchaser. Where a
delay in supply is caused by any act, matter or thi
ng beyond the control of McCarthy-Wood, including without
limitation a variation requested by the purchaser,
the time for supply shall be extended by a period a
greed between McCarthy-Wood and the purchaser or, failing
such agreement, by a reasonable period. In no
event shall McCarthy-Wood incur any liability due to any f
ailure on its part to supply goods/and or services
by an agreed date.
j. McCarthy-Wood may in its discretion supply goods and
/or services prior to any agreed date for such supp
ly (including any extensions of that date).
7. Claims
a. No claim in relation to damaged goods or short
age of volume, length, quantity or weight may be ma
de unless such claim is made by the purchaser in
writing to McCarthy-Wood within 7 days of delivery of the
goods to the purchaser.
b. McCarthy-Wood’S only liability for any such loss or d
amage shall be, in its sole discretion, to replace
or repair goods lost or damaged or pay for such goo
ds to
be replaced or repaired.
c. (i) Goods may only be returned for credit upo
n the written agreement of McCarthy-Wood and in any event
after the expiration of the earlier of a reasonable
time after the purchaser has had a reasonable oppor
tunity to inspect the goods and 60 days from the da
te of original invoice. In all cases, the original
invoice or delivery docket must be quoted and retur
n freight must be prepaid by the purchaser.
(ii) Goods specifically ordered by McCarthy-Wood fo
r the purchaser will not be accepted for credit.
(iii) McCarthy-Wood reserves the right t
o charge a restocking fee on goods accepted for cre
(iv) All goods returned for credi
t must be in their original pack and in a completel
y resaleable condition.
(v) McCarthy-Wood reserves the right to impose spec
ial conditions on the return of cable.
8. Packing
The prices include the cost of packing the goods in
accordance with McCarthy-Wood’S standard practice. If th
e purchaser requires the goods to be provided in
any other manner the cost of the packing shall be t
he responsibility of the purchaser.
9. Warranty
a. Subject to clause 9(b) McCarthy-Wood warrants that go
ods or services supplied by it:
(i) the Agreement is one for the supply of goods o
nly, for a period of 12 months from the date of del
ivery or dispatch, as the case may be, or where suc
delivery or dispatch is delayed due to any act, mat
ter or thing beyond the control of McCarthy-Wood a period
of 12 months from the date on which the
purchaser is notified that the goods are ready for
delivery or dispatch, as the case may be, whichever
is the earlier; or
(ii) where the Agreement includes services for inst
allation, erection or commissioning, for a period o
f 12 months from the time of taking over; or
(iii) where the Agreement includes serv
ices for repairs, for a period of 3 months from the
date of completion of such services will under pro
use in the case of goods, be free from any defects
in construction or operation arising solely from fa
ulty design, manufacture or workmanship on the
part of McCarthy-Wood and, in the case of services, be fre
e from defects in design, performance, workmanship
and materials used in providing such
b. The warranty referred to in clause 9(a) does n
ot apply to goods where:
(i) the defect arises from materials supplied by t
he purchaser or a design or drawings provided by th
e purchaser;
(ii) the defect arises from ordinary wear and tear,
excessive heating, neglect or misuse by the purcha
ser, accident, lack of care, incorrect installation
by a
party other than McCarthy-Wood including connecting goods
to an incorrect power supply, insufficient maintena
nce or improper use of goods;
(iii) the defect arises from any act, matter or thi
ng beyond the control of McCarthy-Wood;
(iv) the purchaser has in any way modified, service
d or repaired the goods without McCarthy-Wood’S prior writ
ten consent;
(v) the purchaser has not complied with any writte
n or oral instructions from McCarthy-Wood concerning the o
peration and maintenance of the goods; or
(vi) the purchaser is in default in the observance
or performance of any other provisions of the Agree
ment to which such goods relate.
c. The goods or any parts or components used in p
roviding the services shall be warranted by McCarthy-Wood
only to the extent that they are warranted by the
supplier or manufacturer of them and McCarthy-Wood is able
to pass on the benefit of such warranty to the pur
chaser. The period of such warranty shall not in
any event, however, exceed the applicable period se
t out in clause 9(a).
d. Subject to clause 9(e), McCarthy-Wood warrants that t
he services supplied by it shall be provided with d
ue care and skill and that any materials supplied i
connection with those services will be reasonably f
it for the purpose for which they are supplied.
e. Where such a course is permitted by law, the w
arranty referred to in clause (9d) will not apply w
(i) McCarthy-Wood’S ability to supply services is adversel
y affected by:
(A) defects in any materials supplied by the p
urchaser or a design or drawings provided by the pu
rchaser; or
(B) any act, matter or thing beyond the reason
able control of McCarthy-Wood; or
(ii) the purchaser is in default in the observance
or performance of any provision of the Agreement to
which such services relate.
f. Where the purchaser acquires goods under an Ag
reement for the purpose of resupply (including by w
ay of hire or rental) to a consumer within the
meaning of the TPA, the purchaser shall ensure that
at or before the time such goods are acquired by t
he consumer it has provided to the consumer a
written notice of the current period, if any, durin
g which McCarthy-Wood’S warranty in respect of such goods,
as set out in the relevant provisions of this clau
8, is available to the consumer.
g. Subject to clauses 9(a), 9(b) and 9(c), McCarthy-Wood
(i) where the Agreement is for the supply of goods
at its option repair or replace defective goods at
its own expense but McCarthy-Wood shall have no liability
for the cost of the delivery to McCarthy-Wood and/or remov
al of the defective goods nor for the cost of re-in
stallation of the goods.
(ii) where the Agreement includes services re-provi
de defective services at its own expense.
(iii) (a) where the Agreement includes servic
es for repairs, replace any defective parts supplie
d by McCarthy-Wood during the course of suc
repair without charge for parts or labour; and
(b) McCarthy-Wood will effect any further rep
air work found to be necessary to satisfy the purch
aser’s original instructions/complaints without
for labour but any additional parts required will b
e charged at McCarthy-Wood’S then prevailing prices.
10. Limitation of Liability
a. Subject only to clauses 7,9,and 10(d) and notw
ithstanding any other provision of this or any Agre
ement or otherwise, if any liability on the part of
McCarthy-Wood arises to or in favour of the purchaser (whe
ther in contract, tort or otherwise) for any loss,
damage, harm or injury arising out of or in any way
connected with the supply of or failure in the prov
ision of or the purported supply of goods and/or se
rvices by McCarthy-Wood, McCarthy-Wood’S liability for all such
loss, damage, harm or injury in all and any circums
tances shall be limited in aggregate to the payment
by McCarthy-Wood of a sum not exceeding 5% of the
monies payable to McCarthy-Wood pursuant to the relevant A
b. Any purchaser of goods or services from McCarthy-Wood
agrees to release, hold, harmless and indemnify AS
PARK from and against all liabilities, claims,
damages, losses, costs and expenses of whatsoever n
ature and howsoever occurring including without lim
itation loss of market, loss of profit, loss of
use, loss of production or for any financial or eco
nomic loss including indirect or consequential loss
or damage which may be suffered by the purchaser
or by any third party arising out of or in any way
connected with the supply of the goods or the perfo
rmance of services by McCarthy-Wood, by reason of breach
of these terms and conditions of sale, or of statut
ory duty or by reason of tort (including but not li
mited to negligence).
c. Except as otherwise expressly provided in thes
e conditions and subject to clause 10(d), all state
ments, representations, provisions, conditions,
promises, undertakings, covenants and other provisi
ons, express or implied (and whether implied by law
or otherwise) relating to any quotations or
tenders submitted by McCarthy-Wood, orders accepted by ASP
ARK, goods (whether as to their quality or merchant
ability, fitness for any purpose,
correspondence with any description or sample or ot
herwise) and/or services or their supply, being pro
visions which might otherwise form part of these
terms and conditions of sale or any Agreement or be
collateral to form part of any agreement that is c
ollateral to these terms and conditions of sale or
any Agreement, are hereby excluded in their entiret
y and are of no effect whatsoever.
d. These terms and conditions of sale do not, and
no provision of these terms and conditions of sale
will or purports to exclude, restrict or modify or
the effect of excluding, restricting or modifying:
(i) the application in relation to the supply of g
oods and/or services of any provision of the TPA;
(ii) the exercise of any right conferred by any suc
h provision; or
(iii) any liability of McCarthy-Wood for breach of a condi
tion or warranty implied by any such provision.
e. Where McCarthy-Wood is permitted under the TPA to lim
it its liability for breach of a condition or warra
nty that is implied by the TPA, McCarthy-Wood’s liability
be limited at McCarthy-Wood’s sole discretion to:
A. in the case of goods:
(1) the replacement of the goods or the supply of e
quivalent goods; or
(2) the repair of the goods;
(3) the payment of the cost of replacing the goods
or of acquiring equivalent goods; or
(4) the payment of the cost of having the goods rep
B. in the case of services:
(1) the supply of the services again by McCarthy-Wood; or
(2) the payment of the cost of having the services
supplied again.