Doosan Lynx 220LSYC CNC Turning Centre

PREPARED FOR: Eastgate Engineering

Coorparoo QLD

FOR THE ATTENTION OF: Craig Williams

MACHINE TOOL: Doosan Lynx 220LSYC

CONTROL SYSTEM: Doosan Fanuc “I” Series

DATE: 3rd June 2015

 3rd June 2015
Eastgate Engineering
88 Cambridge St
Coorparoo QLD 4151

Attention: Craig Williams

Dear Craig,
Thank you for your time and continued interest in the range of products from Hare
and Forbes Machinery House.

Further to our discussions, please find our detailed quotation for a DOOSAN LYNX
220LSYC CNC TURNING CENTER to suit your requirements.

I trust this quote meets your requirements, and I look forward to doing business with you
in the near future. If you have any further questions, please don’t hesitate to contact me.

Best regards,

Jeff Matthews
State Manager QLD
CNC Division
Hare & Forbes Machinery House
Tel: 1300 262 725
Mob: 0402 109 707
Fax: 1800 262 725
jmatthews@machineryhouse.com.au
www.cncmachine.com.au

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Proposed Equipment:
Doosan LYNX 220LSYC Turning Centre giving you unmatched flexibility through the full
range of operations. The Doosan Lynx 220LSYC is designed for heavy and uninterrupted
cutting, holding long-term high accuracies and superior surface finishes. High speed turret
indexing and fast rapid traverse rates minimise non cut times.
Proven manufacturing techniques and an ultra rigid construction are combined with
advanced technological features to produce a superior machine with exceptional values.

Features Bed & Headstock Construction:

The Doosan Lynx 220LSYC is a true 30 degree slant bed design
allowing excellent chip flow and operator access inside machine space
area, to load and unload material, change chucks & tooling with ease.

Doosan, who are currently producing approximately 12,000 CNC

machines per annum utilise a heavily ribbed torque tube in their body design have a large
guide way span that has been proven superior for the prevention of twisting and
deformation via Finite Element Method (FEM) analysis and 30 years of experience in
machine tool design & manufacture.

The machine bed is a one piece casting

and the heavily ribbed torque tube design
prevents twisting and deformation. The
head stock is also a one piece heavily
ribbed casting of large proportions to
ensure unsurpassed rigidity. Fine grain
Meehanite processed cast iron is used
due to its excellent dampening
characteristics ensuring superior rigidity with no deformation during heavy cutting.

High precision widely spaced linear roller guide ways guarantee the highest levels of
rigidity and accuracy under extreme cutting conditions and allows for high rapid feed rates
in ”Z axis” of 36,000 mm/min.

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Features Spindle:
The heavy duty cartridge type spindle is supported by a double row of cylindrical roller
bearings front & rear, with duplex angular thrust bearings in between. The spindle is
driven by a 15KW Fanuc spindle motor, producing up to 169Nm of torque providing power
for heavy stock removal greatly reducing the
number of roughing passes required and
capable of satisfying the heaviest of cut
conditions. The spindle is designed to minimise
the affects of thermal distortion which can
affect cutting tolerances during continuous
heavy duty, high power & low speed or high
speed finish machining operations.

Features Sub Spindle:

The heavy duty cartridge sub spindle is supported by
a double row of cylindrical roller bearings front & rear,
with duplex angular thrust bearings in between. The
6000RPM spindle is driven by a 5.5kW Fanuc spindle
motor, producing 46Nm of torque providing power for
heavy finishing operations. Like the main spindle the
Lynx 220LSYC Series Sub Spindle is a full “C” axis
spindle and has perfect control of spindle rotation to 0.0010. There is also full
synchronization with the main spindle to enable transfers or dual spindle turning
operations. The main and sub spindle share one oil cooling unit thus ensuring consistency
in temperature and accuracy.

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Features Turret:
Automatic tool changing on the Doosan Lynx 220LSYC is
performed by a heavy duty 24 position, 12 station tool turret
with a 180mm curvic coupling. This heavy duty design ensures
rigidity for heavy stock removal, fine surface finishes, long
boring bar overhang ratios and extended tool life. Turret
rotation and clamping are controlled by a reliable high torque
servo motor. Unclamp and rotation are virtually simultaneous
and turret indexing is nonstop bi directional with a 0.15 second
next station cycle time. Tooling is 20mm square and attached
with wedge clamps.

All 12 Stations can utilise the new EPPINGER rotary

toolholders. The new rotary tool heads confirms the high
rigidity and accuracy by simultaneous dual contact between
the rotary tool head face and tool holding insert (called
Preci-Flex Adaptor) flange face as well as the tool head
pocket taper and the insert taper shank.

With a maximum of 6,000 rpm powered by a 3.7kW servo motor high metal removal rates
are easily achievable.

Features Milling & Y Axis:

The Lynx 220LSYC Turret is mounted on a rigid wide span,
double slide Y-axis saddle, providing 105mm (±52.5mm) of
travel in “Y”, specifically designed and engineered to
withstand the cutting forces generated by heavy duty milling
and turning
operations
without
compromising
capacities.

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Features Axis Drives:

Each axis is powered by maintenance
free digital AC servo motors, connected
to large diameter precision
pretensioned ball screws, supported by
P4 class angular contact thrust
bearings without intermediate gears,
achieving quiet and responsive slide
movement with virtually no backlash. This arrangement ensures high accuracy, high rapid
traverse rates, and high feed thrust motion is achievable to obtain extremely high
productivity rates throughout all cycles. All axes on the Doosan Lynx 220LSYC are
protected by a quick reset electronic torque limiter which detects overload conditions and
immediately stops the machine.

Features Ergonomics:
Ergonomic and safety designs are standard features
on the Doosan Lynx 220LSYC, some of these
features include operator control panel for ease of
operation, unobstructed viewing of component
machining due to the design of tempered glass, resin
and polycarbonate viewing window that does not
require wire reinforcement to offset strength. Easy
access to work area is achieved via a keyed
interlocked rigid sliding door assembly.

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Features Components:
Doosan only use select high quality suppliers for components
integrated into their machines. Suppliers such as Fanuc
(Japan) supply controllers and servo motor drives; Siemens
(German) for electrical control switch gear; Euchner (German)
safety interlock and multi-limit switches; Balluff (German)
proximity switches; Parker (USA) Hydraulic components;
Daikan (Japan) Hydraulic components; NSK (Japan) Spindle
Bearings; SMC (Japan) Pneumatic Components, etc. All
suppliers must provide CE certification on their products and pass Doosan’s quality
standards to be considered as a supplier.

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PROPOSED INVESTMENT
One (1) only New Doosan Lynx 220LSYC CNC Turning Centre Complete with
Doosan Fanuc “I” Series CNC Controller.

Basic Specifications
 600mm Swing Over Bed
 400mm Swing Over Saddle
 510mm Turning Length
 300mm Turning Diameter
 105mm (±52.5mm) Y Axis Travel
 3600 (0.0010 Resolution) C Axes, Main & Sub Spindles
 120kg Main Spindle Capacity, 300kg Shaft Work Capacity

Main Spindle Sub Spindle

 65mm Bar Capacity  35mm Bar Capacity
 8” Dia Hydraulic Chuck  5” Dia Hydraulic Chuck
 4500RPM Spindle Speed  6000RPM Spindle Speed
 15kW Spindle Power  5.5kW Spindle Power
 169Nm Spindle Torque  46Nm Spindle Torque

Turret
 BMT 45 Tool Mounting
 6000RPM Live Tool Speed
 3.7kW Live Tool Power
 23.5Nm Live Tool Torque
 24 Position / 12 Station Turret
 20mm Square / 40 & 20mm Ø Tool Capacity
 ER20 Live Tool Collet Size
 Eppinger Preci-Flex Tooling System

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CNC Control
 Doosan Fanuc I Series (0i-MD) CNC Controller
 10.4” Colour LCD Monitor
 Rigid-synchronised tapping
 Custom Macro B
 Ethernet Interface
 RS232 Interface
 USB & PCMCIA Memory Card Slot
 Doosan Ezi Guide “I” Conversational software:
o Graphical Turning Cycles
o Graphical Milling Cycles
o Full 3D Graphical Simulation
o Onboard G & M code assistance
o + more

Standard Equipment - Included

 3 Jaw Hydraulic Power Chucks
 Chuck Cleaning Air Blast
 Eppinger rotary tool holders with Preci-Flex adapter set
 Coolant supply equipment
 Foot switches
 Transformer
 Full enclosure chip and coolant shield with front door interlock
 Hand tool kit
 Automatic lubrication equipment
 Comprehensive manuals incorporating, Operation, Maintenance, Programming, Spare
Parts Diagrams, Hydraulic Schematics, Electrical Schematics and Ladder Diagrams.
 Safety name plates / tags where required
 Risk assessment
 Work light

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Optional Equipment Included Standard Turret Tool Holder Package

 Chuck open close confirmation proximity
switches
 Chip Conveyor (Side Discharge, Hinged
Belt)
 Auto Tool Setter (Hydraulically operated)
 3 Tier Patrol Light
 Coolant Oil Skimmer
 7 Bar High Pressure Coolant
 Barfeed Interface
 Parts Catcher with Parts Conveyor
 Sub Spindle Work Ejector
 Chuck Cleaning Air Blast
 Auto Power Off Function
 QCRL-60A6 Collet Chuck Main Spindle
 QCRL-42 Collet Chuck Sub Spindle
Included
 1 x OD Tool Holder Main (R & L)
 1 x DBL OD Tool Holder Main/Sub (R & L)
 1 x DBL OD Tool Holder Main (R & L)
 1 x DBL OD Tool Holder Sub (R & L)
 1 x ID Tool Holder Main
 1 x Double ID Tool Holder Sub
 1 x Triple ID Tool Holder
 1 x Face Tool Holder Main (R & L)
 1 x U Drill Cap Main
 1 x U Drill Cap Sub
 4 x Straight Milling Units
 1 x Angular Milling Unit
 1 x Offset Angular Milling Unit
 3 x Double Milling Units
 1 x Eppinger “Preci-Flex” Kit
 1 x Boring Sleeves Main (10,12, 16, 20 & 25mm)
 1 x Boring Sleeves Sub (10, 12, 16 & 20mm)
 1 x U Drill Sleeves (20 & 25mm)
 1 x ER 20 Milling Collets
 1 x Hard & Soft Jaws Main and Sub

TOTAL INVESTMENT: $187,288.00 plus GST

Delivery: End of July 2015 (subject to prior sale)

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OPTIONAL EXTRAS:

Fedek SN551-44 Automatic Barfeeder

The Fedek SN551-44 Automatic Barfeeder has
a LCD display and malfunctions and PLC
controlled, with a remote control box this gives
maximum operation convenience.

 Ø5mm – Ø51mm bar diameter

 4400mm maximum bar length

PRICE: $30,900.00 + GST

Fedek SN551-44 Automatic Barfeeder Accessories*

 Extra Channel Sets (One Supplied with Bar Feeder) $3600.00 + GST each
 Finger chucks <42Ø $45.00 + GST each
 Finger chucks >42Ø $97.00 + GST each
 Front Bushes $180.00 + GST each
*Accessories Prices only available when ordered with bar feeder

Kitagawa Collet Chucks

Quick Change Collet Chuck for main and sub spindles
 QCRL-60A6 Main Spindle Collet Chuck
 DNSP-MOD Modify drawnut for mounting
 QCRL-42 Sub Spindle Collet Chuck
 BPSP-XXX Custom Back Plate for Sub Spindle
 DNSP-XXX Custom Drawnut for Sub Spindle
 Q-RSC6042 Reduction Kit suit QCRL/S Collet Chuck from D677 to D673
Collets, Inc Sleeve & Nose Cap
 Fitting of two Collet Chucks

Included in Machine Price

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Proposal Acceptance

To confirm your acceptance of this proposal please complete and sign the details below
and return via fax to 1800 262 725 with your purchase order.

Thank you for choosing Hare & Forbes Machinery House, and we look forward to a
positive working relationship between our two companies.

Quotation No. 030615L220LSYC Date: 03/06/2015

Salesperson Jeff Matthews Fax No.: 1800 262 725

Craig Williams
Eastgate Engineering
88 Cambridge St
Coorparoo QLD 4151
ABN:

Ph: 07 3847 8448

Customer Purchase Order:

I/We have read, understood & accept the quotation for machinery as proposed by Hare &
Forbes Machinery House Pty Ltd and agree to their standard terms and conditions of
trade as included in the quotation.

Customers Signature: Date:

Print Name:

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Terms of Trade:
All goods and services are supplied in
accordance with the Hare & Forbes Pty Ltd
Terms & Conditions of trade as outlined
below.
Price & Payment:
Payment of 20% deposit will be required
with order, 80% balance is payable prior to
delivery.
The Price shall be increased by the amount
of any GST and other taxes and duties
which may be applicable, except to the
extent that such taxes are expressly
included in any quotation given by the
Seller.
Validity:
This quotation is valid for 14 days as of the
above mentioned date. Confirmation of
prices and deliveries are required at time of
order placement.
Training:
Up to a total of three (3) days Operator /
Programmer training if required, conducted
between 9am and 5pm Monday to Friday,
Training includes preventative maintenance
and correct operation of the machine.
Training is to be completed within three (3)
months after machine installation. Unused
training cannot be offset against machine
service, maintenance and parts.
Commissioning:
Commissioning includes supervision of
machine installation, final assembly,
levelling and machine run off along with all
required adjustments.
Service:
Service if required is available promptly from
our Service Department, backed by factory
trained technicians.
Spare Parts:
We have a well-stocked Spare Parts
Department and full in-house workshop
facilities. Technical advice is only a phone
call away.
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Warranty:
Our 12 month warranty covers the
replacement of parts or defective materials
due to faulty workmanship on the machine
and the control from the date of delivery.
The warranty applies on the basis of the
Goods being used on the equivalent of a
single daily 8 hour shift or up to 2,000
machine working hours, which ever is the
sooner.
Our warranty is limited to items supplied by
this company, but excludes belts, cables,
globes, fuses, filters and any other
consumable or wear and tear item.
The warranty does not cover machine
realignment due to misuse, neglect or
operator error.
Full details are outlined in section 8 of the
Terms & Conditions of Trade below.
Delivery:
Delivery is as stated above, subject to prior
sale.
Delivery to your door is included in the price,
Crane, forklift or any other equipment that
may be required for unloading and
positioning is at your expense.
All delivery times are quoted in good faith
based on information obtained from our
suppliers at the time of order placement.
Full details are outlined in section 5 of the
Terms & Conditions of Trade below.
Customer Responsibility:
The customer’s responsibility is to provide
suitable access and foundations for the
machinery in accordance with the
manufacturers recommendations,
Electrical connection to the machine
performed by a certified electrician and
connection to air supply if required.
The purchaser is also responsible for the
unloading and the positioning of the goods
from the transport vehicle on the day of
delivery.
 Hare & Forbes Pty Ltd T/A Hare & Forbes Machinery House – Terms & Conditions of Trade
1. Definitions
1.1 “Seller” means Hare & Forbes Pty Ltd T/A Hare & Forbes
Machinery House, its successors and assigns or any person
acting on behalf of and with the authority of Hare & Forbes
Pty Ltd T/A Hare & Forbes Machinery House.
1.2 “Buyer” means the person/s buying the Goods as specified in
any invoice, document or order, and if there is more than one
Buyer is a reference to each Buyer jointly and severally.
1.3 “Goods” means all Goods or Services supplied by the Seller
to the Buyer at the Buyer’s request from time to time (where
the context so permits the terms ‘Goods’ or ‘Services’ shall be
interchangeable for the other).
1.4 “Installation” shall mean the levelling and positioning of the
Goods, removal of travel clamps, aligning of any auxiliary
equipment, and checking and adjusting where necessary all
lubricant levels but DOES NOT include the provision of a level
site of sufficient strength capability for the Goods, or the
connection of all necessary air and power supplies to the
machine, the provision of which is the sole responsibility of
the Buyer.
1.5 “Price” means the Price payable for the Goods as agreed
between the Seller and the Buyer in accordance with clause 5
below.
2. Acceptance
2.1 The Buyer is taken to have exclusively accepted and is
immediately bound, jointly and severally, by these terms and
conditions if the Buyer places an order for or accepts delivery
of the Goods.
2.2 These terms and conditions may only be amended with the
Seller’s consent in writing and shall prevail to the extent of
any inconsistency with any other document, purchase order
or agreement between the Buyer and the Seller.
2.3 None of the Seller’s agents or representatives are authorised
to make any representations, statements, conditions or
agreements not expressed by the manager of the Seller in
writing nor is the Seller bound by any such unauthorised
statements.
2.4 The Buyer:
(a) agrees that it does not rely on the skill or judgment of the
Seller in relation to the suitability of the Goods for any
particular purpose unless it has indicated that purpose in
writing to the Seller and the Seller has acknowledged in
writing that the Goods will be fit for that purpose; and
(b) acknowledges that it has chosen the Goods relying on its
own skill, expertise and experience.
(c) acknowledges that delivery lead times advised by the
Seller are indicative only and shall not be binding on the
Seller.
3. Change in Control
3.1 The Buyer shall give the Seller not less than fourteen (14)
days prior written notice of any proposed change of
ownership of the Buyer and/or any other change in the
Buyer’s details (including but not limited to, changes in the
Buyer’s name, address, contact phone or fax number/s, or
business practice). The Buyer shall be liable for any loss
incurred by the Seller as a result of the Buyer’s failure to
comply with this clause.
4. Goods
4.1 Unless otherwise agreed in writing, any Goods supplied by
the Seller to the Buyer shall be deemed to operate
satisfactorily if the Goods operate in accordance with the
relevant specifications of the manufacturer of the Goods.
4.2 The Buyer acknowledges that the ability of the Goods to
operate satisfactorily in accordance with their specifications is
dependent upon the proper layout and maintenance of the
Goods and all parts thereof, proper material control and other
factors:
(a) for which the Buyer is responsible; and
(b) which are beyond the control of the Seller.
4.3 Unless otherwise agreed in writing, the Goods shall be
supplied to the manufacturer’s standard finish and
dimensions. Neither the Seller nor the manufacturer accepts
any responsibility or liability whatsoever should the colour,
designs or dimensions of the Goods vary from the colour,
designs or dimensions contained in any product catalogue,
brochure or other promotional or information document in
respect of the Goods.
5. Price and Payment
5.1 At the Seller’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by the Seller to the
Buyer; or
(b) the Price as at the date of delivery of the Goods according
to the Seller’s current price list; or
(c) the Seller’s quoted price (subject to clause 5.2) which will
be valid for the period stated in the quotation or otherwise
for a period of thirty (30) days.
5.2 The Seller reserves the right to change the Price if a variation
to the Seller’s quotation is requested. Any variation from the
plan of scheduled works or specifications will be charged for
on the basis of the Seller’s quotation and will be shown as
variations on the invoice. Payment for all variations must be
made in full at their time of completion. The Seller reserves
the right to charge the Buyer for any fluctuation in foreign
exchange currency rates resulting in an increase in the cost to
the Seller of obtaining the Goods or delivering the Goods to
the Buyer. The Buyer acknowledges that any sum charged by
the Seller in respect of such fluctuation shall be based upon
the entire Purchase Price, irrespective of whether a deposit
has been paid by the Buyer.
5.3 At the Seller’s sole discretion a deposit may be required, the
amount, or percentage of the Price, will be stipulated and
shall become immediately due and payable.
5.4 Time for payment for the Goods being of the essence, the
Price will be payable by the Buyer on the date/s determined
by the Seller, which may be:
(a) on delivery of the Goods;
(b) before delivery of the Goods;
(c) by way of instalments/progress payments in accordance
with the Seller’s payment schedule;
(d) thirty (30) days following the end of the month in which a
statement is posted to the Buyer’s address or address for
notices;
(e) the date specified on any invoice or other form as being
the date for payment; or
(f) failing any notice to the contrary, the date which is seven
(7) days following the date of any invoice given to the
Buyer by the Seller.
5.5 Payment may be made by cash, cheque, bank cheque,
electronic/on-line banking, credit card (plus a surcharge of up
to one percent (1%) of the Price), or by any other method as
agreed to between the Buyer and the Seller.
5.6 Unless otherwise stated the Price does not include GST. In
addition to the Price the Buyer must pay to the Seller an
amount equal to any GST the Seller must pay for any supply
by the Seller under this or any other agreement for the sale of
the Goods. The Buyer must pay GST, without deduction or
set off of any other amounts, at the same time and on the
same basis as the Buyer pays the Price. In addition the Buyer
must pay any other taxes and duties that may be applicable in
addition to the Price except where they are expressly included
in the Price.
6. Delivery of Goods
6.1 At the Seller’s sole discretion delivery of the Goods shall take
place when the Buyer takes possession of the Goods at the
Buyer’s nominated address (in the event that the Goods are
delivered by the Seller or the Seller’s nominated carrier). The
Buyer shall make all arrangements necessary to take delivery
of the Goods whenever they are tendered for delivery. In the
event that the Buyer is unable to take delivery of the Goods
as arranged then the Seller shall be entitled to charge a
reasonable fee for redelivery.
6.2 Unless otherwise agreed in writing:
(a) the Seller shall arrange for transport of the Goods to the
Buyer’s specified delivery point; and
(b) the Seller is entitled to charge a delivery fee for such
transport. The delivery fee shall be due and payable by
the Buyer on the date for payment of the Price; but
(c) the Buyer is responsible for unloading the Goods from the
transport vehicle; or
(d) if no delivery point has been specified by the Buyer, the
Buyer shall collect the Goods from the Seller’s premises
within seven (7) days of the Seller notifying the Buyer that
the Goods are ready for collection.
6.3 If the Seller notifies the Buyer that the Goods are ready for
transport or collection and the Buyer requests the Seller to
hold the Goods, or where clause 6.2(d) applies and the Buyer
does not collect the Goods within seven (7) days of
notification by the Seller that the Goods are ready for
collection then:
(a) the Seller shall hold the Goods; and
(b) delivery shall be deemed to have occurred and the Goods
shall be at the Buyer’s risk from the time of the Buyer’s
request or failure to collect as per 6.2(d); and
(c) the Seller shall be entitled to charge storage fees in
respect of the Goods so stored. Storage fees shall be due
and payable by the Buyer on the date for payment of the
Price.
6.4 If the Seller has agreed in writing to install the Goods, then:
(a) the Seller shall arrange for the installation of the Goods;
and
(b) the Seller is entitled to charge a fee for the installation.
The installation fee shall be due and payable by the Buyer
on the date for payment of the Price.
6.5 Delivery of the Goods to a third party nominated by the Buyer
is deemed to be delivery to the Buyer for the purposes of this
agreement.
6.6 The Seller may deliver the Goods by separate instalments.
Each separate instalment shall be invoiced and paid in
accordance with the provisions in these terms and conditions.
6.7 The Seller may extend the anticipated delivery date without
consultation with the Buyer. Where such an extension occurs,
the Seller shall notify the Buyer of the extension as soon
thereafter as is reasonably practicable.
6.8 In the event of any delay or failure to deliver, arising from any
circumstances including but not limited to a force majeure
occurrence;
(a) the Seller shall not be liable to any claims by the Buyer or
for any loss, damage or expense suffered or incurred by
the Buyer including consequential loss or damage
whatsoever or howsoever arising out of that delay or
failure; and
(b) the delay or failure shall not;
(i) relieve the Buyer of its obligation to pay the Purchase
Price; or
(ii) permit the Buyer to rescind the Contract and/or reject
the Goods.
6.9 Any time or date given by the Seller to the Buyer is an
estimate only. The Buyer must still accept delivery of the
Goods even if late and the Seller will not be liable for any loss
or damage incurred by the Buyer as a result of the delivery
being late.
7. Risk
7.1 If the Seller retains ownership of the Goods nonetheless, all
risk for the Goods passes to the Buyer on delivery.
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7.2 Delivery of the Goods shall be deemed to occur and the
Goods shall be at the Buyer’s risk, (subject to clause 6.3
above), and:
(a) in the case of transport to the Buyer’s specified delivery
point, upon the commencement of the unloading of the
Goods from the transport vehicle; or
(b) in the case of collection by the Buyer from the Seller’s
premises, upon the commencement of the loading of the
Goods onto the Buyer’s vehicle; or
(c) in the case of installation the risk in the goods passes to
the Buyer upon installation.
7.3 If any of the Goods are damaged or destroyed following
delivery but prior to ownership passing to the Buyer, the
Seller is entitled to receive all insurance proceeds payable for
the Goods. The production of these terms and conditions by
the Seller is sufficient evidence of the Seller’s rights to receive
the insurance proceeds without the need for any person
dealing with the Seller to make further enquiries.
8. Title
8.1 The Seller and the Buyer agree that ownership of the Goods
shall not pass until:
(a) the Buyer has paid the Seller all amounts owing to the
Seller; and
(b) the Buyer has met all of its other obligations to the Seller.
8.2 Receipt by the Seller of any form of payment other than cash
shall not be deemed to be payment until that form of payment
has been honoured, cleared or recognised.
8.3 It is further agreed that:
(a) until ownership of the Goods passes to the Buyer in
accordance with clause 8.1 that the Buyer is only a bailee
of the Goods and must return the Goods to the Seller on
request.
(b) the Buyer holds the benefit of the Buyer’s insurance of the
Goods on trust for the Seller and must pay to the Seller
the proceeds of any insurance in the event of the Goods
being lost, damaged or destroyed.
(c) the Buyer must not sell, dispose, or otherwise part with
possession of the Goods other than in the ordinary course
of business and for market value. If the Buyer sells,
disposes or parts with possession of the Goods then the
Buyer must hold the proceeds of any such act on trust for
the Seller and must pay or deliver the proceeds to the
Seller on demand.
(d) the Buyer should not convert or process the Goods or
intermix them with other goods but if the Buyer does so
then the Buyer holds the resulting product on trust for the
benefit of the Seller and must sell, dispose of or return the
resulting product to the Seller as it so directs.
(e) the Buyer irrevocably authorises the Seller to enter any
premises where the Seller believes the Goods are kept
and recover possession of the Goods.
(f) the Seller may recover possession of any Goods in transit
whether or not delivery has occurred.
(g) the Buyer shall not charge or grant an encumbrance over
the Goods nor grant nor otherwise give away any interest
in the Goods while they remain the property of the Seller.
(h) the Seller may commence proceedings to recover the
Price of the Goods sold notwithstanding that ownership of
the Goods has not passed to the Buyer.
9. Personal Property Securities Act 2009 (“PPSA”)
9.1 In this clause financing statement, financing change
statement, security agreement, and security interest has the
meaning given to it by the PPSA.
9.2 Upon assenting to these terms and conditions in writing the
Buyer acknowledges and agrees that these terms and
conditions constitute a security agreement for the purposes of
the PPSA and creates a security interest in all Goods that
have previously been supplied and that will be supplied in the
future by the Seller to the Buyer.
9.3 The Buyer undertakes to:
(a) promptly sign any further documents and/or provide any
further information (such information to be complete,
accurate and up-to-date in all respects) which the Seller
may reasonably require to;
(i) register a financing statement or financing change
statement in relation to a security interest on the
Personal Property Securities Register;
(ii) register any other document required to be registered
by the PPSA; or
(iii) correct a defect in a statement referred to in clause
9.3(a)(i) or 9.3(a)(ii);
(b) indemnify, and upon demand reimburse, the Seller for all
expenses incurred in registering a financing statement or
financing change statement on the Personal Property
Securities Register established by the PPSA or releasing
any Goods charged thereby;
(c) not register a financing change statement in respect of a
security interest without the prior written consent of the
Seller;
(d) not register, or permit to be registered, a financing
statement or a financing change statement in relation to
the Goods in favour of a third party without the prior
written consent of the Seller;
(e) immediately advise the Seller of any material change in its
business practices of selling the Goods which would result
in a change in the nature of proceeds derived from such
sales.
9.4 The Seller and the Buyer agree that sections 96, 115 and 125
of the PPSA do not apply to the security agreement created
by these terms and conditions.
9.5 The Buyer waives their rights to receive notices under
sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the
PPSA.
 Hare & Forbes Pty Ltd T/A Hare & Forbes Machinery House – Terms & Conditions of Trade
9.6 The Buyer waives their rights as a grantor and/or a debtor
under sections 142 and 143 of the PPSA.
9.7 Unless otherwise agreed to in writing by the Seller, the Buyer
waives their right to receive a verification statement in
accordance with section 157 of the PPSA.
9.8 The Buyer must unconditionally ratify any actions taken by the
Seller under clauses 9.3 to 9.5.
9.9 Subject to any express provisions to the contrary nothing in
these terms and conditions is intended to have the effect of
contracting out of any of the provisions the PPSA.
10. Defects, Warranties and Returns, Competition and
Consumer Act 2010 (CCA)
10.1 The Buyer must inspect the Goods on delivery and must
within seven (7) days of delivery notify the Seller in writing of
any evident defect/damage, shortage in quantity, or failure to
comply with the description or quote. The Buyer must notify
any other alleged defect in the Goods as soon as reasonably
possible after any such defect becomes evident. Upon such
notification the Buyer must allow the Seller to inspect the
Goods.
10.2 Under applicable State, Territory and Commonwealth Law
(including, without limitation the CCA), certain statutory
implied guarantees and warranties (including, without
limitation the statutory guarantees under the CCA) may be
implied into these terms and conditions (Non-Excluded
Guarantees).
10.3 The Seller acknowledges that nothing in these terms and
conditions purports to modify or exclude the Non-Excluded
Guarantees.
10.4 Except as expressly set out in these terms and conditions or
in respect of the Non-Excluded Guarantees, the Seller makes
no warranties or other representations under these terms and
conditions including but not limited to the quality or suitability
of the Goods. The Seller’s liability in respect of these
warranties is limited to the fullest extent permitted by law.
10.5 If the Buyer is a consumer within the meaning of the CCA, the
Seller’s liability is limited to the extent permitted by section
64A of Schedule 2.
10.6 If the Seller is required to replace the Goods under this clause
or the CCA, but is unable to do so, the Seller may refund any
money the Buyer has paid for the Goods.
10.7 If the Buyer is not a consumer within the meaning of the CCA,
the Seller’s liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty
card provided to the Buyer by the Seller at the Seller’s
sole discretion;
(b) limited to any warranty to which the Seller is entitled, if the
Seller did not manufacture the Goods;
(c) otherwise negated absolutely.
10.8 Subject to this clause 10, returns will only be accepted
provided that:
(a) the Buyer has complied with the provisions of clause 10.1;
and
(b) the Seller has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the
Buyer’s cost (if that cost is not significant); and
(d) the Goods are returned in as close a condition to that in
which they were delivered as is possible.
10.9 Notwithstanding clauses 10.1 to 10.8 but subject to the CCA,
the Seller shall not be liable for any defect or damage which
may be caused or partly caused by or arise as a result of:
(a) the Buyer failing to properly maintain or store any Goods;
(b) the Buyer using the Goods for any purpose other than that
for which they were designed;
(c) the Buyer continuing the use of any Goods after any
defect became apparent or should have become apparent
to a reasonably prudent operator or user;
(d) the Buyer failing to follow any instructions or guidelines
provided by the Seller;
(e) fair wear and tear, any accident, or act of God.
10.10 In the case of second hand Goods, unless the Buyer is a
consumer under the CCA, the Buyer acknowledges that it has
had full opportunity to inspect the second hand Goods prior to
delivery and accepts them with all faults and that to the extent
permitted by law no warranty is given by the Seller as to the
quality or suitability for any purpose and any implied warranty,
statutory or otherwise, is expressly excluded. The Buyer
acknowledges and agrees that the Seller has agreed to
provide the Buyer with the second hand Goods and
calculated the Price of the second hand Goods in reliance of
this clause 10.10.
10.11 The Seller may in its absolute discretion accept non-defective
Goods for return in which case the Seller may require the
Buyer to pay handling fees of up to fifteen percent (15%) of
the value of the returned Goods plus any freight costs.
10.12 Notwithstanding anything contained in this clause if the Seller
is required by a law to accept a return then the Seller will only
accept a return on the conditions imposed by that law.
11. Intellectual Property
11.1 Where the Seller has designed, drawn or developed Goods
for the Buyer, then the copyright in any designs and drawings
and documents shall remain the property of the Seller.
12. Default and Consequences of Default
12.1 Interest on overdue invoices shall accrue daily from the date
when payment becomes due, until the date of payment, at a
rate of two and a half percent (2.5%) per calendar month (and
at the Seller’s sole discretion such interest shall compound
monthly at such a rate) after as well as before any judgment.
12.2 If the Buyer owes the Seller any money the Buyer shall
indemnify the Seller from and against all costs and
disbursements incurred by the Seller in recovering the debt
(including but not limited to internal administration fees, legal
costs on a solicitor and own client basis, the Seller’s collection
agency costs, and bank dishonour fees).
12.3 Without prejudice to any other remedies the Seller may have,
if at any time the Buyer is in breach of any obligation
(including those relating to payment) under these terms and
conditions the Seller may suspend or terminate the supply of
Goods to the Buyer. The Seller will not be liable to the Buyer
for any loss or damage the Buyer suffers because the Seller
has exercised its rights under this clause.
12.4 Without prejudice to the Seller’s other remedies at law the
Seller shall be entitled to cancel all or any part of any order of
the Buyer which remains unfulfilled and all amounts owing to
the Seller shall, whether or not due for payment, become
immediately payable if:
(a) any money payable to the Seller becomes overdue, or in
the Seller’s opinion the Buyer will be unable to make a
payment when it falls due;
(b) the Buyer becomes insolvent, convenes a meeting with its
creditors or proposes or enters into an arrangement with
creditors, or makes an assignment for the benefit of its
creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise)
or similar person is appointed in respect of the Buyer or
any asset of the Buyer.
13. Cancellation
13.1 The Seller may cancel any contract to which these terms and
conditions apply or cancel delivery of Goods at any time
before the Goods are delivered by giving written notice to the
Buyer. On giving such notice the Seller shall repay to the
Buyer any money paid by the Buyer for the Goods. The Seller
shall not be liable for any loss or damage whatsoever arising
from such cancellation.
13.2 In the event that the Buyer cancels delivery of Goods the
Buyer shall be liable for any and all loss incurred (whether
direct or indirect) by the Seller as a direct result of the
cancellation (including, but not limited to, any loss of profits).
13.3 Cancellation of orders for Goods made to the Buyer’s
specifications, or for non-stocklist items, will definitely not be
accepted once production has commenced, or an order has
been placed.
14. Privacy Act 1988
14.1 The Buyer agrees for the Seller to obtain from a credit
reporting agency a credit report containing personal credit
information about the Buyer in relation to credit provided by
the Seller.
14.2 The Buyer agrees that the Seller may exchange information
about the Buyer with those credit providers either named as
trade referees by the Buyer or named in a consumer credit
report issued by a credit reporting agency for the following
purposes:
(a) to assess an application by the Buyer; and/or
(b) to notify other credit providers of a default by the Buyer;
and/or
(c) to exchange information with other credit providers as to
the status of this credit account, where the Buyer is in
default with other credit providers; and/or
(d) to assess the creditworthiness of the Buyer.
The Buyer understands that the information exchanged can
include anything about the Buyer’s creditworthiness, credit
standing, credit history or credit capacity that credit providers
are allowed to exchange under the Privacy Act 1988.
14.3 The Buyer consents to the Seller being given a consumer
credit report to collect overdue payment on commercial credit
(Section 18K(1)(h) Privacy Act 1988).
14.4 The Buyer agrees that personal credit information provided
may be used and retained by the Seller for the following
purposes (and for other purposes as shall be agreed between
the Buyer and Seller or required by law from time to time):
(a) the provision of Goods; and/or
(b) the marketing of Goods by the Seller, its agents or
distributors; and/or
(c) analysing, verifying and/or checking the Buyer’s credit,
payment and/or status in relation to the provision of
Goods; and/or
(d) processing of any payment instructions, direct debit
facilities and/or credit facilities requested by the Buyer;
and/or
(e) enabling the daily operation of Buyer’s account and/or the
collection of amounts outstanding in the Buyer’s account
in relation to the Goods.
14.5 The Seller may give information about the Buyer to a credit
reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Buyer;
(b) allow the credit reporting agency to create or maintain a
credit information file containing information about the
Buyer.
14.6 The information given to the credit reporting agency may
include:
(a) personal particulars (the Buyer’s name, sex, address,
previous addresses, date of birth, name of employer and
driver’s licence number);
(b) details concerning the Buyer’s application for credit or
commercial credit and the amount requested;
(c) advice that the Seller is a current credit provider to the
Buyer;
(d) advice of any overdue accounts, loan repayments, and/or
any outstanding monies owing which are overdue by more
than sixty (60) days, and for which debt collection action
has been started;
(e) that the Buyer’s overdue accounts, loan repayments
and/or any outstanding monies are no longer overdue in
respect of any default that has been listed;
(f) information that, in the opinion of the Seller, the Buyer has
committed a serious credit infringement (that is,
fraudulently or shown an intention not to comply with the
Buyer’s credit obligations);
Page 15 of 15
(g) advice that cheques drawn by the Buyer for one hundred
dollars ($100) or more, have been dishonoured more than
once;
(h) that credit provided to the Buyer by the Seller has been
paid or otherwise discharged.
15. Unpaid Seller’s Rights
15.1 Where the Buyer has left any item with the Seller for repair,
modification, exchange or for the Seller to perform any other
service in relation to the item and the Seller has not received
or been tendered the whole of any moneys owing to it by the
Buyer, the Seller shall have, until all moneys owing to the
Seller are paid:
(a) a lien on the item; and
(b) the right to retain or sell the item, such sale to be
undertaken in accordance with any legislation applicable
to the sale or disposal of uncollected goods.
15.2 The lien of the Seller shall continue despite the
commencement of proceedings, or judgment for any moneys
owing to the Seller having been obtained against the Buyer.
16. Limitation of Liability and Indemnity
16.1 Save where otherwise expressly provided in the Contract, the
Seller shall not be liable for any claim, loss, damage or
expense, whether direct or indirect (including consequential
loss or damage) arising out of any:
(a) breach of contract by the Seller;
(b) negligence of the Seller, its employees or agents; or
(c) act or omission of the Seller in connection with the Goods.
16.2 The Seller shall not be liable for any defect, damage or other
malfunction caused to the Goods by misuse, neglect,
accident, vandalism, damage in transit, normal wear and tear,
alteration, modification or unusual physical, environmental or
electrical stress.
16.3 Without prejudice to any other rights the Seller may have
against the Buyer, and to the extent permitted by law, the
Buyer hereby agrees to indemnify and keep indemnified the
Seller against any loss, damage or expense (including,
without limitation, costs, whether or not the subject of a court
order) incurred by it should the Buyer breach the Contract or
cancel any order or part thereof for the Goods after entry into
the Contract.
16.4 Nothing in the Contract shall be read or applied so as to
exclude, restrict or modify or have the effect of excluding,
restricting or modifying any condition, warranty, guarantee,
right or remedy implied by law (including the Competition and
Consumer Act 2010 (CCA), Fair Trading Act or PPSA) and
which by law cannot be excluded, restricted or modified.
17. General
17.1 The failure by the Seller to enforce any provision of these
terms and conditions shall not be treated as a waiver of that
provision, nor shall it affect the Seller’s right to subsequently
enforce that provision. If any provision of these terms and
conditions shall be invalid, void, illegal or unenforceable the
validity, existence, legality and enforceability of the remaining
provisions shall not be affected, prejudiced or impaired.
17.2 These terms and conditions and any contract to which they
apply shall be governed by the laws of the state in which the
Seller has its principal place of business, and are subject to
the jurisdiction of the courts in New South Wales.
17.3 Subject to clause 10 the Seller shall be under no liability
whatsoever to the Buyer for any indirect and/or consequential
loss and/or expense (including loss of profit) suffered by the
Buyer arising out of a breach by the Seller of these terms and
conditions (alternatively the Seller’s liability shall be limited to
damages which under no circumstances shall exceed the
Price of the Goods).
17.4 The Buyer shall not be entitled to set off against, or deduct
from the Price, any sums owed or claimed to be owed to the
Buyer by the Seller nor to withhold payment of any invoice
because part of that invoice is in dispute.
17.5 The Seller may license or sub-contract all or any part of its
rights and obligations without the Buyer’s consent.
17.6 The Buyer agrees that the Seller may amend these terms and
conditions at any time. If the Seller makes a change to these
terms and conditions, then that change will take effect from
the date on which the Seller notifies the Buyer of such
change. The Buyer will be taken to have accepted such
changes if the Buyer makes a further request for the Seller to
provide Goods to the Buyer.
17.7 Neither party shall be liable for any default due to any act of
God, war, terrorism, strike, lock-out, industrial action, fire,
flood, storm or other event beyond the reasonable control of
either party.
17.8 The Buyer warrants that it has the power to enter into this
agreement and has obtained all necessary authorisations to
allow it to do so, it is not insolvent and that this agreement
creates binding and valid legal obligations on it.
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