X3 Type Top Pressure Standard Pallet Wrapping Machine

Warranty on our SMART WASP Pallet Stretch Wrapping Machines

At Smart Manufacturing & Packaging Solutions, we know that when you invest in one of our SMART WASP Pallet Wrapping Machine, you want the security of a solid warranty. That’s why we give you options

60-Months Warranty
Effective from the date of delivery to your site, or if we do the installation your cover starts from the date of installation.  Ask us for a quotation.

36-Month Warranty
Effective from the date of delivery to your site, or if we do the installation your cover starts from the date of installation.

Standard Warranty
18-Month Warranty, standard at ZERO cost effective from the date of delivery to your site, or if we do the installation your cover starts from the date of installation.

Unless otherwise stated all our warranty’s covers the mechanical, structural, and electrical components of your SMART WASP Pallet Stretch Wrapping Machine. Smart Manufacturing & Packaging Solutions guarantees that cannot be excluded under the Australian Consumer Law. The benefits within our Warranty are in addition to other rights and remedies under the Australian Consumer Law in relation to our products. This warranty does not apply if the damage occurs because of:

• Accident
• Fair wear & tear
• Misuse, neglect, or abuse
• Storm damage or other acts of Nature
• Unauthorized repairs made or attempted
• Acts of God
• Any other cost incurred due to machine downtime

1. DEFINITIONS
In these terms and conditions, unless the context otherwise requires:-
1.1. “GST” means Goods and Services Tax or other tax that is substituted or replaces the GST tax.

1.2. “the Supplier” means P & JL Shephard Pty Ltd trading as Smart Manufacturing & Packaging Solutions.

1.3. “the Customer” means any person or persons, company or business entity to whom the Supplier sells or supplies, or proposes to sell or supply, Goods or Services.

1.4. “the Goods” means the goods or products supplied or sold by the Seller to the Customer from time to time.

1.5. “the Seller” means the Supplier.

1.6. “the Services” means any services provided by the Supplier.

1.7. “PPSA” means the Personal Property Securities Act 2009 (Cth) as amended from time to time.

1.8. “Quote” means any quote that remains valid for 30 days and includes only the Goods.

2. GENERAL
The only contractual terms which are binding on the Supplier are those set out in this Agreement.

3. QUOTATIONS
Any quotation provided is an invitation to treat only and not an obligation to sell or offer. In the event of any counter offer by the Customer, or any conflict between any Quote or counter offer and this Agreement, this Agreement shall prevail.

4. PRICE
4.1. The price charged for the Goods and Services to be provided to the Customer are as set out in the Supplier’s
invoice or invoices for those Goods or Services. The Supplier reserves the right to vary any price quoted either
orally or in writing. Any Quote given on price is an estimate only.

4.2. The price excludes GST unless specified.

5. TERMS OF PAYMENT
5.1. The Customer will pay to the Supplier cash before delivery (CBD) to the Customer of the Goods and the Services
as listed on our invoice. Unless different terms were stated in the quotation covering the sale of the goods.

5.2. The Supplier reserves the right to grant terms to approved Customers upon such terms and conditions in its
absolute discretion.

6. RETENTION OF TITLE TO GOODS AND PPSA
6.1. Title to Goods sold by the Supplier to the Customer will not pass from the Supplier to the Customer until the later of:

(a) unconditional payment in full to the Supplier for those Goods; and

(b) unconditional payment in full of all other amounts owing or unpaid by the Customer to the Supplier on any
account, including in respect of Goods and Services previously or subsequently supplied to the Customer.

6.3. Until such time as title to Goods passes to the Customer under clause 6.1:

(a) the Customer will hold the Goods as a fiduciary and as bailee for the Supplier and will be responsible
for any loss, damage or conversion of the Goods;

(b) the Customer must store the Goods in such a manner as to show clearly that they remain the Supplier’s
property;

(c) the Supplier may enter any premises owned or occupied by the Customer or its agents to inspect the Goods or
inspect the Customer’s books and records regarding the Goods at any time;

(d) subject to clause 7.1(j), the Customer may only use the Goods in the ordinary course of the Customer’s
business, or sell the Goods in the ordinary course of the Customer’s business, provided that where the Customer
sells Goods, it will do so as principal and the Customer will have no power to commit the Supplier to any contract
or otherwise or to any liability, but as between the Customer and the Supplier, the Customer will sell as fiduciary
agent; and

(e) The Customer must ensure that the Goods are not and will not be subject to any encumbrance or other security
interest (including a lien) granted or created in favour of any third party (whether under contract, statute or
common law) without the Supplier’s prior written consent. Without limiting the Supplier’s rights, if the Customer
becomes aware of a third party’s interest in or relating to an encumbrance or other security interest, including a
lien, in respect of the Goods, the Customer must notify the Supplier immediately in writing and provide the Supplier
with all relevant details relating to the encumbrance or other security interest, including the third party’s full name
and contact details, the nature of the encumbrance or other security interest and the Goods subject to the
encumbrance or other security interest.

6.4. Despite this clause 6, the Supplier is entitled to maintain an action against the Customer for payment of the
purchase price of Goods.

6.5. The Customer agrees that clause 6.1 creates a security interest (including, where applicable, a purchase money
security interest, as defined in the PPSA) in Goods (and their proceeds, as defined in section 31 of the PPSA)
supplied by the Supplier to the Customer from time to time.

6.6. The Customer agrees to do all things necessary and execute all documents required by the Supplier to register
each security interest in the Goods, and ensure that the Supplier acquires a perfected security interest in the
Goods, under the PPSA.

6.7. Until title to Goods passes to the Customer under clause 6.1, the Customer waives its rights under sections 95,
118, 121(4), 129, 130, 132(3)(d), 132(4), 135, 142, 143, 157(1) and 157(3) of the PPSA, to the extent that is
permitted by law. The Supplier may also contract out of any additional provision of the PPSA as determined by the
Supplier from time to time, provided that is also permitted under the PPSA.

6.8. Where the Supplier has rights in addition to those under Part 4 of the PPSA, those rights continue to apply.

6.9. The Customer agrees that repossession and retention of Goods pursuant to the PPSA will only satisfy so much of
the amounts owing by the Customer to the Supplier as is equivalent to the Supplier’s estimation of the net
realisable value of the Goods, or their cost price (whichever is the lower) as at the date of repossession, and the
repossession and retention will immediately extinguish any rights or interest the Customer has in the Goods.

6.10. Until title to Goods passes to the Customer under clause 6.1, the Customer must not give to the Supplier a written demand, or allow any other person to give to the Supplier a written demand, requiring the Supplier to register a financing change statement under the PPSA in respect of or affecting any Goods, or enter into or allow any other person to enter into the personal property securities register a financing change statement under the PPSA in
respect of or covering the Goods.

6.11. The Customer will be responsible for payment of any fees (and any other costs) that the Supplier incurs in relation to investigating, perfecting or registering the Supplier’s security interest in the Goods, and those fees and costs may be added as a charge on invoices issued by the Supplier to the Customer.

6.12. The Customer may not assign or factor the Customer’s right and interest in any debt owed by a customer of the Customer to the Customer on account of the proceeds of sale of any of the Supplier’s Goods by the Customer on
credit or deferred payment terms without the Supplier’s prior written consent.

6.13. Subject to section 275(7) of the PPSA and any provision of any other agreement between the Supplier and the
Customer permitting the Supplier to disclose information, the Supplier and the Customer agree that neither of them
will disclose, or authorise the disclosure of, information of the kind described in section 275(1) of the PPSA in
relation to these terms and conditions, any contract or any transaction contemplated by or effected under these
terms and conditions or any contract.

6.14. The Customer must notify the Supplier in writing of any change in the Customer’s ownership or in the ownership of the Customer’s business, or in the directors or address of the Customer. Notwithstanding any change in the Customer’s ownership/trading structure or any notice by the Customer to the Supplier of such change, the
Customer will remain personally liable for the payment for any Goods and/or Services supplied to, or ordered by,
the Customer from the Supplier until the Customer has received written confirmation from the Supplier that the
Customer’s account has been closed and full payment has been received by the Supplier.

7. DEFAULT
7.1. If:
(a) the Customer breaches any clause of these terms and conditions or any term of any other agreement to which
the Customer and the Supplier are parties;
(b) any cheque tendered by the Customer or on its behalf to the Supplier is dishonoured for payment;
(c) the Customer fails to comply with any lawful demand for payment issued by the Supplier;
(d) any amount payable by the Customer to the Supplier becomes overdue for payment or, in the Supplier’s
opinion, the Customer will be unable to meet its payment obligations to the Supplier as they fall due;
(e) any of the following occurs to the Customer, if it is, or to the extent it includes, a company:
(i) a receiver, manager, administrator or controller becomes entitled to take possession of any of the
Customer’s assets, any proceedings are instituted for the Customer’s winding up, or the Customer enters
into a deed of company arrangement; or
(ii) the Customer becomes an externally-administered body corporate or becomes insolvent;
(f) the Customer (if it is, or to the extent it includes, an individual) commits an act of bankruptcy, or is or becomes
an insolvent under administration; or
(g) a change occurs in the ownership of the Customer, or in the ownership of the Customer’s business, or in its
directors, then, without prejudice to the Supplier’s other remedies under these terms and conditions or at law:
(h) all amounts owing to the Supplier by the Customer will, whether or not due for payment, become immediately
payable by the Customer;
(i) the Supplier will be entitled to cancel all or any part of any of the Customer’s orders for Goods and/or Services
which remain unfulfilled;
(j) the Customer’s right to possess, use up, sell or otherwise deal with Goods in respect of which title has not
passed to the Customer under clause 6.1 will cease; and
(k) the Supplier will be entitled to enter any premises where the Goods in respect of which title has not passed to
the Customer under clause 6.1 are kept, and remove, repossess and re-sell all or any such Goods. The Supplier
is not liable to the Customer if it takes any such action.

7.2. The Customer indemnifies the Supplier in respect of any claims or actions against, and costs, expenses and other liabilities incurred by, the Supplier in relation to:
(a) the removal, repossession, transportation, storage and sale of Goods pursuant to these terms and conditions,
including without limitation, any claims brought by third parties; and

(b) any of the matters set out in clauses 7.1(a) to 7.1(k) (both inclusive).

7.3. Without prejudice to any other remedies the Supplier may have, if at any time the Customer is in breach of any
obligation (including relating to payment), the Supplier may suspend or terminate the supply of Goods and
Services to the Customer and any of the Supplier’s other obligations under these terms and conditions. The
Supplier will not be liable to the Customer for any loss or damage the Customer suffers because the Supplier
exercises its rights under this clause.

7.4. The Customer must pay interest to the Supplier on any of its invoices to the Customer which are overdue for
payment. Such interest will accrue daily at a rate of 15% per annum, from the date when payment becomes due
until the date of payment. Interest will be calculated daily, and will accrue at such a rate after, as well as before,
any judgment.

7.5. If the arrangements provided under or in connection with these terms and conditions constitute a credit contract as defined in the National Credit Code, the time for payment of any overdue account is limited to a total period of not more than 62 days from the date of the Supplier’s invoice. Nothing in this clause 7.5 imposes an obligation on the Supplier to extend its payment terms to the Customer for any period at all.

8. QUALITY OR DESCRIPTION OF GOODS AND SERVICES
8.1. The Customer shall inspect the Goods immediately on delivery and, with fourteen (14) days of delivery, give notice to the Supplier of any defect or allegation that the Goods or Services are not in accordance with the Contract. If the Contract fails to give such notice within that time, the Goods and Services shall be deemed to be in all respects in accordance with the Contract and the Customer shall be bound to accept and pay for the same, accordingly.

8.2. Notwithstanding that any sample of the Goods or Services has been exhibited to and inspected by the Customer, it is agreed that such sample was so exhibited and inspected solely to enable the Customer to judge for himself of the quality of the Goods or Services and, not so as to constitute a sale by sample under the Contract. The
Customer shall take the Goods or Services at his own risk as to their corresponding with the sample, or as to their
quality, condition or sufficiency for any purpose.

9. DELIVERY
The Goods shall be delivered to the Customer’s address here in, or as otherwise notified to the Supplier at the
time of order. From the time of dispatch from the Seller’s premises and until delivery, the risk of any loss or
damage to or deterioration of the Goods for whatever cause arising shall be borne by the Customer unless the
Supplier arranges delivery or is otherwise agreed by the Supplier and Customer.

10. LIABILITY OF SUPPLIER
10.1. To the extent permitted by law, no warranty, condition, description or representation on the part of the Seller is given or implied or has been given or is to be implied from anything said or written in the negotiations between the parties or their representatives, and any statutory or other warranty, condition, description or representation,
express or implied as to the state, quality or fitness of the Goods is hereby expressly excluded. Nothing herein
shall derogate from or exclude any warranties or conditions necessarily implied by any statute or other applicable
law.

10.2. In the event that this Contract constitutes a supply of goods or services to a consumer as defined in the
Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law), as amended, or relevant
similar State or Territory legislation (“the Acts”), nothing contained in this Contract excludes restricts or modifies
any condition, warranty or other obligation in relation to this Contract and the Goods and Services which, pursuant
to the Acts, or any of them, is applicable or is conferred on the Customer where to do so is unlawful, in which event
the Seller’s sole liability for breach of any such condition, warranty or other obligation, including any consequential
loss which the customer may sustain or incur, shall be limited (except to the extent specifically set forth herein) to:-
10.2.1.the replacement of the Goods or Services; or
10.2.2.the supply of equivalent Goods or Services; or
10.2.3.payment of the cost of replacing the Goods or Services or acquiring equivalent goods; or
10.2.4.the repair of the Goods or payment of the cost of having the Goods repaired, as the Supplier may select.

10.3. The Seller will not be liable for any failure to deliver the Goods or Services if the failure arises as a consequence of fire, embargo, strike, inability to secure materials or labour, or any other circumstances beyond the control of the
Seller.

11. WARRANTY
11.1. Notwithstanding anything here in the Supplier agrees to provide the following Warranties to the Customer:-
TWELVE MONTH WARRANTY (unless longer, in which case this will be specified in the Warranty Document) to at
the supplier choosing repair or replace the Goods for faulty workmanship, design, workmanship or materials.
Consumable items are not warranted. For full details please refer to separate warranty document.

12. RETURNS
12.1. Returns for credit will only be accepted within 7 days from date of invoice and only on standard stocked goods. No returns will be accepted for good purchased in from outside Australia by Smart Manufacturing & Packaging
Solutions based on a customer’s purchase order, nor for goods with a value greater than $5,000.00. Credit for
goods returned after this period is at Smart Manufacturing & Packaging Solutions discretion and if accepted, may
incur a restocking fee of 15% of the sale price. In addition, returned goods will only be accepted for credit if the
goods are in a resalable condition as well as in original packing and with all product documentation included.
Goods must be returned at the Customers expense and prior to return a “Return Authorisation” number must be
obtained from Customer Service and this number should be clearly marked on the package.

12.2. All goods specifically manufactured or ordered for the Customer will not be returnable except due to defect unless otherwise agreed to in writing.

13. PRIVACY
We use personal information as supplied by you to process and deliver your order for marketing and to access
your credit worthiness.

 

 

Terminology:
In these terms and conditions, the expressions “we”, “us”, “who” and “our” are a reference to Smart Manufacturing & Packaging Solutions ABN: 70 640 870 908 who are the owners of this website.

Financial Transactions:
All payments for goods and services purchased through this website are provided by the business Smart Manufacturing & Packaging Solutions. All financial transactions on this website are processed though the parent company of Smart Manufacturing & Packaging Solutions which is P & JL Shephard Pty Ltd. P & JL Shephard Pty Ltd is 100% Australian owned and operated. Further all financial transactions associated with purchases on this website are in Australian dollars and all prices shown on this website are in Australian dollars.

Promotional & Newsletters email:
If you are receiving newsletters and or promotional emails from Plasquip Sales and do not wish to receive this information any longer, you may remove your name from our list either by following the “unsubscribe” link in the email, or by emailing us at peter@smps.com.au asking to be removed from our mailing list. Removal will be within 7 business day of your request.

Privacy:
Smart Manufacturing & Packaging Solutions takes your privacy and security very seriously. We will not give any of your personal information or email address to advertisers or any other third-party organisation without your express consent unless required BY LAW

General Disclaimers:
To the maximum extent permitted by law, all conditions, warranties, representations, liabilities and obligations, whether implied or imposed by statute or otherwise, in respect of the supply of products, including any conditions or warranties as to merchantability, fitness for purpose or correspondence with description, are excluded and all liability for loss or damage, whether consequential or otherwise and whether arising from negligence or from any other cause whatsoever, is excluded. However, if we are held or found to be liable to you for any matter relating to or arising in connection with the supply or non-supply of products using this website, whether based on an action or claim in contract, negligence, tort or otherwise, the amount of damages you will be entitled to recover from us will be limited to the amount actually paid by you for the products ordered.

We do not accept responsibility for any loss or damage however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

This means that you must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer systems. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

Responsibility for the content of any advertisement appearing on this website (including any hyperlinks to an advertiser’s own website) rests solely with the advertiser. The placement of such advertisement does not constitute a recommendation or endorsement by us of the advertiser’s products and each advertiser is solely responsible for any representations made in connection with its advertisement.

The information contained in this website may contain inaccuracies or typographical errors. We do not accept liability for any inaccuracies or errors and all such liability is hereby excluded to the fullest extent permitted by law.

We make no warranty that product/s acquired from us via this website will meet your requirements.

This website contains links to other websites. Links to other websites may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites.

Smart Manufacturing & Packaging Solutions
PO Box 10024
MILDURA VICTORIA 3500

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