《Conditions Of Sale-Parts and Accessories》.doc

CONDITIONS OF SALE – PARTS ACCESSORIES These conditions apply to all dealings between Downer EDI Rail, a division of Downer EDI Limited, “Downer EDI Rail” and the Purchaser unless Downer EDI Rail otherwise agrees in writing. 1. INTERPRETATION “Downer EDI Rail” means Downer EDI Rail Pty Limited ABN 92 000 002 031 . “Purchaser” means the entity to whom Goods are supplied by Downer EDI Rail. “Contract” means a contract of sale of goods . “Goods” means any goods and/or services supplied by Downer EDI Rail. “Tax Invoice” means the Tax Invoice issued by Downer EDI Rail in relation to each contract. 2. OPERATION 2.1 A Contract only arises upon Downer EDI Rail accepting an order from the Purchaser for the supply of Goods. 2.2 Every Contract is governed by these Conditions of Sale, the terms of the relevant Tax Invoice and any other written agreement between Downer EDI Rail and the Purchaser, which together constitute the entire agreement between the parties. Any terms and conditions contained in the Purchaser’s order documentation or other communication from the Purchaser inconsistent with these Conditions of Sale including a statement by the Purchaser that the Purchaser’s terms and conditions prevail are hereby expressly excluded. Any acceptance by the Purchaser of the Goods will be deemed to be acceptance that these Conditions of Sale are incorporated in the Contract to the exclusion of all others and that any other terms and conditions which would otherwise have applied to the Contract are excluded and negatived. 2.3 These Conditions of Sale prevail over all inconsistent conditions in any specification, order, quotation or any other document. 2.4 No agent or representative of Downer EDI Rail is authorised to make any representations, warranties, conditions or agreements not expressly confirmed by an authorised officer of Downer EDI Rail in writing and Downer EDI Rail is not in any way bound by any such unauthorised statements nor can any such statements be tak