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Terms & Conditions

 Southern Truck Centre Pty Ltd
ABN 84 003 235 612
Terms and Conditions governing the supply of goods of services by STCW
  1. Definitions
“Customer” means the entity which STC has agreed to supply good and services, identified as such in any applicable STC document. “Customer’s Property” means property of the Customer delivered to STC for the performance by STC of Services. “STC” means Southern Truck Centre Pty Limited (ABN 84 003 235 612 ACN 003 235 612) “Goods” and “Services” respectively mean all goods (including goods supplied in connection with the provision of Services) and all services which STC agrees to provide to the Customer.
  1. Precedence of terms and conditions
Unless otherwise expressly agreed by STC in writing, every supply of Goods and Services to the Customer by STC is subject to these terms and conditions and to the matters specified in writing either on the face of this document or in any attached or associated documents. No additions or alterations shall be of any effect unless expressly agreed by STC in writing.
  1. Price
STC shall be entitled to vary the price of any Goods or Services at any time prior to delivery or completion if the cost to STC of performing its obligations is increased or reduced by any new or amended legislation, regulation, order, directive, by-law, licence or approval or by reason of fluctuations in currency value or by any rise or fall in the amounts payable for labour, changes in the amount charged to STC by its suppliers or by any cause beyond the direct control of STC. No such reasonable variation shall entitle the Customer to cancel an order.
  1. Quotation for services
Where a price quoted by STC for Services is specified to be an estimate, the Customer shall pay STC the amount claimed by STC upon completion of the Services which amount may vary from the estimated amount and which amount shall be based upon the actual work done and materials supplied by or on behalf of STC. Where the Customer has requested STC to prepare a quotation for the provision of the Services which requires STC to perform disassembly of the Customer’s Property and the Customer does not accept the quotation, the Customer shall be responsible for all the labour and associated costs and charges incurred by STC in preparing the quotation. The Customer’s Property will not be reassembled following rejection of a quotation unless the Customer requests STC to do so and agrees to pay STC’s charges for such re-assembly.
  1. Additional work
Where the Customer had requested STC to provide Services, the Customer also authorises such additional services and tests as may be necessary in connection with the Services and agrees to pay STC’s charges for the additional services.
  1. Payment
The time specified by STC for payment is of the essence. If the Customer fails to make any payment by a due date, STC shall (without prejudice to any other remedy) be entitled:
6.1             to be paid interest by the Customer at a rate two per centum per annum higher that the rate charged from time to time by STC’s bank on an overdraft in excess of $100,000, such interest to be charged daily, to be compounded every calendar month upon the amount then owing and to be payable on demand (a letter from STC’s bank specifying the interest rates applicable shall be conclusive proof of such rates); and
6.2             suspend the performance and delivery of all Services and Goods until all outstanding payments are made and to adjust the amount payable by the customer to compensate STC for any extra expense or loss thereby incurred including (without limitation) all reasonably incurred legal, collection agency and other costs.
  1. Time for performance
Dates for delivery of Goods or performance of Services are estimates only and STC shall not be liable for any delay howsoever arising.
  1. Specification may vary
STC reserves the right to make any changes to the Goods found necessary due to unavailability of Goods or which STC reasonably considers would improve the Goods. Specifications including (without limitation) performance, dimensions and weight are approximate only and STC shall not be liable for any error or inaccuracy in the specifications provided. The Customer acknowledges that STC may subcontract the performance of Services.
  1. Delivery
9.1             Delivery of Goods and return of Customer’s Property shall be at STC’s premises unless otherwise agreed. Upon request by the Customer, STC may agree to dispatch Goods or Customer’s Property to the Customer carriage paid in which case the Goods or Customer’s Property shall be at the Customer’s risk from the time of dispatch and STC may invoice the Customer for all costs thereby incurred.
  • The Customer must immediately notify STC in writing if Goods or Customer’s Property is not received within seven days of receipt by the Customer of STC’s delivery advice or invoice. Unless the Customer notifies STC of any shortage within 5 days of receipt by the Customer of the Goods or Customer’s Property, complete delivery will be deemed to have occurred.
  • If, as a result of any action or inaction of the Customer, Goods or Customer’s Property is not collected or dispatched from STC’s premises within 7 days after STC notifies the Customer that the Goods or Customer’s Property is ready, STC shall then be entitled to full payment notwithstanding any other payment terms agreed and STC shall further be entitled to charge the Customer for storage of the Goods or Customer’s Property until such time as the Goods are delivered to the Customer.
  • Acceptance by STC of the Customer’s Property for repair or other treatment in New South Wales is subject to the Disposal of Uncollected Goods Act (NSW) (“the Relevant Acts”), which confers on STC a right to sell the Customer’s Property exercisable in certain circumstances after an interval of not less than 6 months after the date on which the Customer’s Property is ready for re-delivery. Where the Customer’s Property is left at STC’s premises in New South Wales by the Customer, the Customer acknowledges having read the notice displayed at those premises pursuant to the Relevant Act. The Customer’s address for service of notices pursuant to the Relevant Acts is as specified on the face of this document or in any attached or associated documents. The powers conferred on STC by the Relevant Acts are in addition to any other rights STC may have.
  • If the Customer’s Property is left with STCW in other states or Territories, the Customer grants a lien over such Customer’s Property to STCW for the value of all Goods and Services provided by STCW. If the Customer fails of refuses to pay the amount due to STCW, the Customer authorises STCW to sell the Customer’s Property by public auction after an interval of not less than 2 months from the date the Customer’s Property is ready for re-delivery or collection and the Customer authorises STCW to satisfy all amounts due to STCW by the Customer and the costs or storage, transport, auction and sale from the proceeds of sale.
      10.  Responsibility for Customer’s Property
The customer’s Property shall be the Customer’s risk while in STC’s possession for the provision of Service and STC shall not be liable for any loss or damage to the Customer’s Property (including contents and attachments) whether arising from breach of contract, negligence or otherwise howsoever. Where the Customer’s Property forms part of or is attached to a vehicle, the vehicle may be driven on public roads at the Customer’s risk for the purpose of testing or otherwise in connection within the provision of the Services.
      11.   Returns, cancellation or suspension of orders
Other than where the Customer has a statutory right to rescind an order which right cannot be excluded by agreement, the Customer is not entitled to cancel or suspend any order unless STC agrees in writing and subject to any conditions imposed by STC with respect to compensation of costs and lost profit or otherwise. STC agrees may in its discretion agree to accept the return of Goods, subject to the Following conditions- (a) the Customer must request STC to accept the return within 30 days of invoice by written notice accurately identifying the Goods by invoice number and date; (b) the Goods must be promptly returned to STC at the Customer’s expense in original unmarked condition and in the same undamaged packing material and with all documentation such as instruction sheets (Goods which are rejected by STC will be reshipped to the Customer at the Customer’s risk and expense); (c) the returned Goods shall be at the Customer’s risk until received by STC; and (d) the credit granted by STC to the Customer for the return of the goods shall be equivalent to the amount  paid payable for the goods by the Customer less 10% for handling.
12.   Property in Goods
12.1           STC remains the owner of all Goods delivered to the Customer until payment in full of all amounts due and payable by the Customer to STC, whether for the Goods or otherwise. Without limiting the foregoing, where STC had agreed to provide Goods to the Customer in installments, property shall not pass in any installment of the Goods until payment has been made to STC for all installment of the Goods. Until all payments have been made to STC, the Customer holds the Goods as bailee for STC and shall safely and securely store the Goods. The Customer shall do all things necessary to ensure that the Goods can be separately identified at all times.
  • Risk shall pass to the Customer upon delivery of the Goods notwithstanding that STC retains ownership until full payment. The Customer must effect and maintain insurance against all insurable risks to the Goods until such time as the property passes to the Customer.
  • Notwithstanding the provisions of this clause 12, the Customer may sell Goods New Goods to a third party in the ordinary course of business and deliver them to that third party however that:
(a)            If the Customer is paid by the third party, the Customer holds the whole of the proceeds of the sale on the trust for STC and shall not mingle any of the proceeds of the sale with other money and shall ensure that all such receipts are kept separate and identifiable. Immediately upon receipt of the proceeds of sale, the Customer shall remit from the proceeds received an amount equal to the amount owing by the Customer to STC; or
  • If the Customer is not paid by the third party, the Customer agrees, at STC’s option, to assign the Customer’s claim against the third party to STC upon written request by STC. For the purpose of giving effect to this clause, the Customer irrevocably appoints STC as its attorney.
    • If the Customer is insolvent or commits an act of bankruptcy or is or states that it is unable to pay debts or an order is made or an application for an order is lodged or a meeting is convened for the appointment of an administrator, receiver, manager or liquidator or payment is not made on or before a due date, then immediately upon request by STC the Customer shall deliver up all Goods STC failing which STC by its servants and agents is hereby irrevocably authorised at any time to enter the place where the Goods are located and to remove the Goods regardless of whether the Goods have become fixed to any place, vehicle, vessel or thing and for this purpose STC is appointed the Customer’s agent. The Customer shall indemnify STC and keep STC indemnified against all costs incurred by STC and all claims made against STC arising from such removal.
    • If STC replaces any part of the Customer’s Property during the performance of Services or agrees to replace any goods or part thereof then the replaced items shall become the property of STC unless otherwise expressly agreed in writing.
13.    Warranty & Liability
13.1           Goods supplied by STC are subject only to the then applicable manufacturer’s written warranty, details of which have been provided to the Customer and, except to the extent prohibited by law, all other warranties with the respect to Goods are hereby excluded.
  • In case of the Services which comprise the supply of both labour and materials – (a) the materials component is subject only to the then applicable manufacturer’s written warranty, details of which have been provided to the Customer and, except to the extent prohibited by law, all other warranties are hereby excluded; and (b) the labour component is warranted by STC to be free from defects for the same duration and subject to the same terms and conditions as the then applicable manufacturer’s written warranty applying to the materials, details of which have been provided  to the Customer .
13.3           In the case of Services performed on STC’s behalf by a sub-contractor those Services are subject only to the applicable sub-contractor’s warranty, details of which have been provided  to the Customer  and, except to the extent prohibited by law, all other warranties with respect to those Services are hereby excluded.
13.4           In the case of Services which comprises the supply of the labour only, the Services are warranted to be free from defects for a period of 6 months from the date of completion of the Services and except to the extent prohibited by law, all other warranties with respect to Services are hereby excluded. This warranty is conditional upon the Customer providing STC with written notice of any claim pursuant to the warranty within the warranty period, the delivery at the Customer’s expense of the components to STC at an address nominated by STC and STC being satisfied that the Services supplied by STC were defective. STC’s liability under this warranty shall be limited to the supply of any labour or materials necessary to make good the defect.
  • Where STC is liable to the Customer (notwithstanding the other provisions of clause 13) whether for the breach of contract, negligence or otherwise;
  • in the case of a liability of STC arising in connection with the supply of Goods, the liability of STC shall, at STC’s option, be limited to the replacement of the Goods, the supply of equivalent goods, the repair of the Goods, payment of the cost of replacing the Goods, payment of the cost of acquiring equivalent goods or payment of the cost of repairing the Goods; and
  • in the case of a liability of STC arising in connection with the provision of Services, the liability of STC shall, at STC’s option, be limited to the supply of the Services again or payment of the cost of supplying the Services again.
13.6           In no circumstances will STC be liable for special, indirect or consequential loss of any kind and howsoever occurring, including without limitation, loss of profits, loss of revenue or loss of opportunity.
      14.   Additional terms
  • The Customer shall comply with all instructions provided in connection with Goods or Services. If the Customer has any uncertainty regarding instructions or the use of Goods, the Customer should promptly seek advice from STC.
  • The Customer acknowledge that it has not been induced to enter into this agreement by any representation made by or on behalf of STC. The Customer has not relied on STC’s skill and judgement and the Customer has satisfied itself that the Goods or Services are suitable for the Customer’s purposes.
  • If any provision or part of a provision of this agreement is enforceable, such unenforceability shall not affect any other part of that provision or any other provision. All rights, immunities and limitations of liability in these terms and conditions shall continue to have full force and effect in all circumstances and notwithstanding any breach of contract or negligence by STC or any other person entitled to rely on same.
  • Rights shall not be prejudiced or restricted by any indulgence or forbearance. No waiver in respect of a breach shall operate as a waiver in respect of any other breach.
  • This agreement shall be governed by the law applicable at STC’s place of business identified on the face of this document or in any attached or associated document.

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