Can't find the part you need?
Type out the list of parts you require or simply upload them.
The Enco® brand is synonymous with trust, quality, performance and above all, superior value.
These are the terms and conditions of sale of BA Equipment Group Pty Ltd (ACN 158 428 632, ABN 30 158 428 632). They apply to all goods and services supplied by BA Equipment Group, including Encoparts® Yellow Line OEM parts supplied through this website's enquiry process. The official signed document is available as a PDF at www.baeg.com.au.
In these terms and conditions: Goods means the goods and/or services to be supplied by BA Equipment Group to the Purchaser in accordance with these terms and conditions; Purchaser means the entity named on the quotation, purchase order and/or tax invoice purchasing the goods and/or services from BA Equipment Group upon these terms and conditions; and BA Equipment Group means BA Equipment Group Pty Ltd, ACN 158 428 632, of 27 Montgomery, Malaga, Western Australia and any related body corporate of BA Equipment Group within the meaning of section 50 of the Corporations Act 2001 (Cth).
The only terms which are binding upon BA Equipment Group are those set out in these terms and conditions or otherwise agreed to in writing by BA Equipment Group, and those, if any, which are imposed by law and which cannot be excluded. For the avoidance of doubt, any terms or conditions specified by the Purchaser and not agreed to in writing by BA Equipment Group will not apply. Time is of the essence of these terms and conditions; any agreement to vary a time requirement must be in writing.
BA Equipment Group reserves the right to accept or reject in its absolute discretion any orders which may be received by it. The prices shown in any price list are subject to alteration without notice and do not include taxes, duties or other charges which must be paid by the Purchaser and must not be deducted from the price. If prices shown in a price list or quotation are not in Australian dollars, BA Equipment Group reserves the right to increase the price if there is a fluctuation in the relevant currency rate. Any agreement to vary an order must be in writing.
Unless GST is expressly included, the consideration to be paid or provided for any supply made under or in connection with these terms and conditions does not include GST. To the extent that any supply is a taxable supply, the GST-exclusive consideration is increased by the amount of any GST payable in respect of that taxable supply, payable at the same time and in the same manner, subject to a valid tax invoice being delivered to the recipient of the taxable supply. Where a party is required to reimburse or indemnify another party for a loss, cost or expense, that amount does not include any GST for which the other party is entitled to claim an input tax credit, and any amount determined by reference to a cost, price, value, sales or revenue amount is calculated on the GST-exclusive amount.
Unless otherwise specified in writing, delivery is at BA Equipment Group's premises, and the cost of transportation of the Goods must be paid by the Purchaser. Where another place of delivery is specified in writing, the Purchaser must pay the costs of transportation to that place in addition to the price, unless otherwise agreed in writing. If a delivery date is specified, that date is an estimate only and BA Equipment Group is not liable for any delay in delivery. If BA Equipment Group is unable to supply the Purchaser's total order, these terms and conditions continue to apply to the Goods supplied.
The Purchaser must inspect the Goods immediately upon delivery and must within 7 days after the date of inspection give written notice to BA Equipment Group, with particulars, of any claim that the Goods are not in accordance with the contract. If the Purchaser fails to give that notice, then to the extent permitted by law the Goods must be treated as having been accepted by the Purchaser, and the Purchaser must pay for the Goods in accordance with these terms and conditions.
Payment for Goods must be tendered: as agreed in writing by BA Equipment Group and the Purchaser; if not agreed in writing, no later than 30 days from the invoice date if BA Equipment Group has agreed in writing to grant the Purchaser credit; or, if credit has not been agreed in writing, prior to delivery of the Goods. Time is of the essence in respect of the Purchaser's obligation to make payment. BA Equipment Group may issue an invoice and require payment of a partially delivered order.
If the Purchaser defaults in making payment, BA Equipment Group may in its absolute discretion and without liability: charge interest on the overdue portion of the account at 2.5% per month from the date of default plus an administration fee of the greater of $20 or 10% of the amount outstanding; require the Purchaser to reimburse all collection costs, including legal costs on a solicitor-and-client basis; suspend or terminate the supply of Goods and cancel and/or withhold delivery of outstanding orders; and sell any of the Purchaser's equipment held by BA Equipment Group and apply the proceeds to the overdue account. Payments tendered are applied first to collection costs, secondly to interest and thirdly to the oldest portion of the account. BA Equipment Group may cease providing credit at any time without being obliged to give reasons. The Purchaser must not set off against any amount due to BA Equipment Group any amount owed by BA Equipment Group to the Purchaser.
The Purchaser must not return any goods claimed not to be in accordance with the contract unless BA Equipment Group has first given written approval, and, if requested, BA Equipment Group has had a reasonable opportunity to inspect the Goods. Approved returns must be made within 30 days of delivery with freight and cartage prepaid by the Purchaser. Where Goods treated as accepted are returned with approval, credit is only given for Goods in a saleable condition and a handling fee of up to 25% of the price of the Goods returned may be charged. Where Goods not treated as accepted are returned with approval and the Purchaser's claim is found to be valid, BA Equipment Group will refund the freight and cartage. Custom-made Goods must not be returned and will not be approved for return unless required by law.
Goods supplied are at the Purchaser's risk immediately on delivery to the Purchaser or into the Purchaser's custody, whichever is sooner. The Purchaser must insure the Goods at its cost from delivery until they are paid for in full, must note the interest of BA Equipment Group on the policy, and must produce a certificate to this effect on request.
Property in the Goods does not pass to the Purchaser until all money owing for those Goods, and any other money owing by the Purchaser to BA Equipment Group, has been paid. Until then the Purchaser holds the Goods as fiduciary agent and bailee of BA Equipment Group, must store, protect and insure them in a manner that shows they are the property of BA Equipment Group, may sell them in the ordinary course of business only as fiduciary agent (holding all proceeds in trust in a separate account), and must not sell, assign, charge or otherwise encumber any interest in obligations owed to it as a result of the use, manufacture or resale of the Goods.
Where Goods are used in a manufacturing or construction process, the Purchaser holds the relevant part of the proceeds of sale of the manufactured product in trust for BA Equipment Group, equal to the amount owing at the time of receipt of those proceeds. BA Equipment Group is entitled to reclaim possession of the Goods if the Purchaser defaults, commits an act of bankruptcy, has a receiver appointed, goes into liquidation or administration, ceases to carry on business or compromises with its creditors, and the Purchaser irrevocably authorises BA Equipment Group to enter any premises where its goods or records are held to inspect or reclaim them, and indemnifies BA Equipment Group in connection with any such entry.
The Purchaser acknowledges that this clause creates a security interest for the purposes of the Personal Property Securities Act 2009 (Cth) in all present and after-acquired Goods and their proceeds, that BA Equipment Group may register its interest (including as a purchase money security interest), and that the Purchaser must take all steps required to ensure the security interest is enforceable and perfected. The Purchaser may not disclose information of a kind referred to in section 275(1) of the PPSA that is not in the public domain.
A breach of contract must be treated as having occurred if an application or order is made, or a resolution is passed, for the winding up of the Purchaser (or notice of intention to propose such a resolution is given), or if a controller or administrator is appointed in respect of the Purchaser or any part of its undertaking or property. In that event BA Equipment Group may immediately suspend or terminate the supply of Goods, cancel and/or withhold delivery of outstanding orders, and all amounts outstanding become immediately due and payable, despite any credit arrangement.
Subject to the conditions and exclusions in these terms, BA Equipment Group warrants that if any defect in any workmanship manufactured by BA Equipment Group becomes apparent and is reported in writing within the earlier of 12 months from the date of the purchase order (or 3 months for repaired or replaced Goods), then BA Equipment Group will, at its option, repair or replace the defect. The warranty does not cover defects caused by: improper installation or maintenance; failure to follow instructions; use outside the original intended application (including unapproved modifications); continued use after a defect becomes apparent; ingress of tramp or extraneous material; or fair wear and tear, accident or act of God.
The warranty ceases if workmanship is repaired, altered or overhauled without written approval. The Purchaser must afford BA Equipment Group an opportunity to inspect Goods believed defective, promptly return the defective part to the designated service centre at the Purchaser's expense, and complete required pre-commissioning inspection and commissioning forms. Replaced defective parts become BA Equipment Group's property. BA Equipment Group provides no warranty for goods not manufactured, repaired or replaced by it, and is under no liability under any third-party supplier or manufacturer warranty. Second-hand Goods are accepted with all faults and no warranty is given as to their quality or suitability.
If the Australian Consumer Law applies to the supply of the Goods, the Goods come with guarantees that cannot be excluded. The Purchaser is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage, and to have the Goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
The only conditions and warranties binding on BA Equipment Group in respect of the state, quality, condition, operating performance or fitness for purpose of the Goods, or of advice, recommendations, information or services supplied, are those in these terms and conditions and those imposed and required to be binding by statute (including the Competition and Consumer Act 2010 (Cth)). To the extent permitted by statute, BA Equipment Group's liability is limited, at its option, to the supply of equivalent goods, their repair or replacement, or the supply of the advice or services again, and will not exceed the order value or the value of the Goods supplied. All other conditions and warranties implied by law are excluded. Except as provided in these terms, BA Equipment Group has no liability (including in negligence) to any person for any direct or indirect loss or damage, consequential or otherwise.
The Purchaser indemnifies BA Equipment Group, regardless of any negligence on the part of BA Equipment Group, against all losses, liabilities and costs (including legal costs and expenses in connection with any demand, action, arbitration or other proceeding) arising directly or indirectly as a result of or in connection with the supply of Goods, unless caused by wilful misconduct of BA Equipment Group or its employees or agents acting within the scope of their employment.
All Goods are manufactured from high-grade materials and to rigid specifications, but since BA Equipment Group has no control over the conditions under which the Goods are applied, used, stored, transported or handled, the Purchaser is advised to test the Goods thoroughly before adapting them to its own use.
Where Goods are supplied on credit, the Purchaser irrevocably authorises BA Equipment Group to make such enquiries as it considers necessary to investigate the creditworthiness of the Purchaser, including from trade referees, the Purchaser's bankers or other credit providers, and authorises those information sources to disclose to BA Equipment Group all information concerning the Purchaser requested by BA Equipment Group.
The application of the Sale of Goods (Vienna Convention) Act 1986 (WA) is excluded.
If a party is prevented from or delayed in complying with an obligation (other than to pay money) by an event beyond its reasonable control, performance of that obligation is suspended during that time, but only to the extent that compliance is prevented or delayed.
All BA Equipment Group intellectual property rights are at all times the property of BA Equipment Group, including any intellectual property rights created during the production and supply of the Goods; the Purchaser does not acquire any right, title or interest in such rights. The Purchaser warrants that any instructions, directions or materials it gives to BA Equipment Group do not infringe the intellectual property rights of any third party, and indemnifies BA Equipment Group against all losses, liabilities and costs in connection with any claim of infringement.
These terms and conditions are the entire agreement and understanding between BA Equipment Group and the Purchaser on everything connected with their subject matter, and supersede any prior agreement or understanding. The parties have entered into these terms without relying on any representation by the other or any person purporting to represent the other.
A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right. A waiver is not effective unless in writing, and is effective only in respect of the specific instance and purpose for which it is given.
A notice or other communication connected with these terms and conditions has no legal effect unless it is in writing. Notices may be sent by prepaid post or delivered to the address of the addressee set out in these terms or subsequently notified. A posted notice is treated as given on the second business day after posting; a delivered notice is treated as given upon delivery if before 5pm on a business day, otherwise on the next business day. Any notice may be given, and may be signed, by a party's solicitor.
The law of Western Australia governs these terms and conditions. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and of the Commonwealth of Australia.
If you have any questions about these terms and conditions, please contact us or email info@baeg.com.au.