Terms and Conditions

Terms & Conditions

1 Trading Terms:
1.1 "Buyer" shall mean the buyer or any person or Seller acting on behalf of and with the authority of the buyer.
1.2 "Goods" shall mean Goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined).
1.3 "Services" shall mean all services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined supra).
1.4 "Price" shall mean the cost of the goods as agreed between the Seller and the Buyer subject to clause 4 of this contract.
1.5 The Goods shall be as described on the invoices, quotation, work authorisation, sales order or any other work commencement forms as provided by the Seller to the Buyer.
1.6 At the Sellers sole discretion;
(a) The Price shall be as indicated on invoices provided by the Seller to the Buyer in respect of Goods supplied; or
(b) The Price shall be the Seller's current price at the date of delivery of the Goods according to the Sellers current Price list, which is available for inspection at the Sellers premises upon request.
(c) The Price of the Goods shall be the Seller's quoted Price, which shall be binding upon the Seller provided that the Buyer shall accept in writing the Seller's quotation within 28 days.
1.7 At the Sellers sole discretion in an additional set Courier fee of $35.00 may be charged for Buyers within the Sydney Metropolitan area.
1.8 Time for payment for the Goods shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated then payment shall be due on delivery of the Goods.
1.9 At the Seller's sole discretion, payment for approved Buyers shall be due 14 days from the invoice date.
1.94 All payment to be paid with in 14 days interest will be applied at 10%
1.95 Payment will be made by cash, or by cheque, or by bank chequeor by EFT transaction, or by any other method as agreed to between the Buyer and the Seller.
1.96 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent those taxes are expressly included in any quotation given by the Seller.

5. Delivery Of Goods

5.1 Delivery of the Goods shall be made to the Buyer's address. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery, or delivery shall be made to the Buyer at the Sellers address.
5.2 Delivery of the Goods to a carrier, either named by the Buyer or failing such naming to a carrier at the discretion of the Seller for the purpose of transmission to the Buyer, is deemed to be a delivery of the Goods to the Buyer.
5.3 The costs of carriage and any insurance, which the Buyer reasonably directs, the Seller to incur shall be reimbursed by the Buyer (without any set-off or other withholding whatever) and shall be due on the date for payment of the Price.
The carrier shall be deemed to be the Buyer's agent.
5.4 Where there is no agreement that the Seller shall send the Goods to the Buyer, delivery to a carrier at limited carrier's risk at the expense of the Buyer is deemed to be delivery to the Buyer.

7. Defects

7.1 The Buyer shall inspect the Goods on delivery and shall within seven (7) days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Buyer believes the Goods are defective in any way. If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.

8. Return of Goods

8.1 Except as provided in this clause, the Buyer is not entitled to return the Goods to the Seller for any reason. For defective Goods which the Buyer is entitled to reject, the Seller's liability is limited to either (at the Seller's discretion) repairing or replacing the Goods, or refunding the Price provided that:
(a) the Buyer has complied with the provisions of clause 7.1;
(b) the buyer returns the goods within 14 days of the date of purchase;
(c) the Seller will not be liable for Goods which have not been stored or used in a proper
manner; and
(d) the Seller will not be liable to pay the Buyer any amount more than the amount (if any) the Seller received
from the supplier for the defective Goods.
8.2 Goods must be returned with the following in as new condition:
(a) All packaging material and brochures must be in as new condition and un marked.
(b) All instruction manuals, videos or any other material must be returned with the Goods.
9. Repairs and replacements
9.1 The Seller does not undertake that repair facilities and parts will be available for the Goods. The Seller will not be liable to repair any defective Goods and at the Seller's own discretion may:
(a) notify the manufacturers of the Goods of any defect notified by the Buyer; and
(b) request the manufacturers to repair or replace any defective Goods.

10. Warranty

10.1 The warranty shall be unless otherwise specified for a period of 12 months from the installation date. The Warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall be under no liability whatsoever except for the express conditions as detailed and stipulated in the manufacturer’s warranty.
Any workmanship provided by the Seller shall be covered by a 12-month warranty.

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