How We Operate - Tender Items

Memorandum of Understanding

The focus of Openshaw Plant Machinery Ltd (OPM) is to give excellent service to facilitate the sourcing, marketing and placement of new and used plant for clients.

The purpose of this Memorandum of Understanding is to establish an understanding between OPM and its clients to enable this focus to be continually improved on.

Following is what OPM understands to be the responsibilities of the parties.

The Supplier (Vendor):

Shall advise OPM of plant available for tender and allow OPM access to catalogue and photograph that plant if necessary.
Shall allow interested purchasers access to inspect plant at a mutually convenient time.
On confirmation of the sale of plant by OPM, will facilitate the secure dispatch of that plant to the Purchaser.
Will advise OPM if plant they have listed for tender is to be removed from the listing for any reason.
May cancel the sale if the Purchaser fails to make full payment within 21 days after the tender closing date, or alternatively may institute legal proceedings to enforce the contract.
Does not accept any responsibility for fitness of purpose or the condition of any item of plant in any respect as all items of plant are sold in an "as is where is" condition.

The Purchaser:

Shall have access to inspect plant in which the Purchaser is interested.
Will complete and fax the Tender Form to OPM by due date and time (NZ Time).
Acknowledges that on being advised the Purchaser's tender is successful, a legally binding contract will exist and the Purchaser will make payment in full to the Vendor without delay or deduction of the price tendered plus GST thereon.
Acknowledges that plant will be released once payment is cleared.
Is responsible for the costs and organisation of packing, freight, and insurance.
Accepts risk for insurance purposes from the date the plant is dispatched.
Accepts that plant is sold on an "as is where is" basis unless otherwise specified.

Openshaw Plant Machinery Ltd:

Advises that the highest or any tender is not necessarily accepted.
Will keep clients fully informed on plant enquiries.
Will invoice the Vendor an agreed brokerage fee.
Will make every endeavour to ensure all information supplied is correct.
Acts only as a broker and does not accept any liability for condition or performance of plant or matters relating to title and non performance by either party or otherwise.