TERMS AND CONDITIONS
To view full terms & conditions please download a copy of our Application for Credit here.
Retention of Title:
Where a customer has taken delivery, but not yet paid for goods or services supplied by Callcott and Downey Engineering, the property and title of the goods or service provided shall not pass to the applicant and Callcott and Downey Engineering retains the legal and equitable title to those goods or services provided until payment is made in full.
Limitation of Liability
Callcott and Downey Engineering Services supplies the customer with the labour and materials and goods and services described in this quotation on the following terms and conditions, provided always that nothing in these conditions shall be read or applied so as to exclude, restrict or modify any condition, warranty, guarantee, right or remedy implied by law (including The Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified:
1. The liability of Callcott and Downey Engineering Services in respect of a breach of any term, condition or warranty prescribed by the Trade Practices Act 1974 or other legislation or law is limited, at the option of Callcott and Downey Engineering Services, to:
a) in relation to goods and materials supplied, the replacement of goods or materials, the supply of equivalent goods or materials, the repair of goods or materials, the payment of the cost of replacing goods or materials or of acquiring equivalent goods or materials, or the payment of having the goods or materials repaired; and
b) in the case of labour and services provided, the supplying of the labour and services again, or the payment of the cost of having the labour and services supplied again;
2. Subject to the above, in no event shall Callcott and Downey Engineering Services be liable for any other claims or damages including, but not limited to, claims for faulty workmanship and design, negligent or misleading advice, or any indirect, special or consequential damages or injury to any person, corporation or other entity arising out of the supply by Callcott and Downey Engineering Services, or any of its servants, contractors or agents; and
3. Subject to the above, Callcott and Downey Engineering Services shall not be liable for default or failure in performance of its obligations pursuant to this quotation resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, wars, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortages of suitable parts, components, materials, labour or transportation or any other cause beyond the reasonable control of Callcott and Downey Engineering Services.