These Trading Terms apply to all orders accepted by the Company from the Client for the purchase of products or the provision of services in relation to the products unless the Company agrees otherwise in writing. The Company is not bound to accept any order and will not be bound by the terms of the clients order, acceptance of quotation, unless the Company agrees otherwise in writing. The client will pay for the products and services upon demand unless the Company has agreed to provide credit to the customer prior to the date of the client’s order. Where a credit arrangement has been made the following terms and conditions shall apply to and form part of any contract for the sale of goods manufactured and supplied by the Company.
All Prices are quoted by the Company for immediate acceptance and are quoted subject to the client order being for the whole quantity or number stated in the relevant quotation. The quotation is valid for a period of 60days after this time prices are subject to alteration without notice. All prices quoted by the Company are inclusive of GST unless stated and
the client must pay “the Company’ all charges and any expenses incurred in collecting or attempting to collect any overdue monies, including any debt collector’s expenses incurred, or to be incurred.
2.1 At the sole discretion of the Company all new Clients are required to pay a minimum deposit of 50% of the total order and the remaining balance on installation or supply of products or services. Or select option item (2.5)
2.2 At the sole discretion of the Clients, payment for approved Client’s shall be due on (30) thirty days following the end of the month in which a statement is posted to the Client’s address or address for notices. Or select
2.3 At the Sole discretion of the Company for certain approved Client’s payment will be due fourteen (14) days following the date of the invoice. Or select item (2.5)
2.4 At the Sole discretion of the Company for certain approved Client’s payment will be due seven (7) days following the date of the invoice. Or select item (2.5)
2.5 At the Sole discretion of the Company all Clients will be offered a discount of 2.5% off the total quoted amount if payment is received in full prior to the product or services being ordered or completed
2.6 Payment will be made by cash on delivery, or by cheque, or by bank cheque, or by credit card, or by direct debit, or by any other method as agreed to between the Client and the Company.
Delivery of products and or services shall be made to the Client’s nominated site address. The Client shall make all arrangements necessary to take delivery of the products and or services. If for any cause or reason beyond the Company’s control including but without limiting to an act of God, War, Strikes, Lockouts, Industrial
Disputes, Act of Government, Restriction or Prohibition or Contingencies hindering delivery, the Company is delayed or impeded in providing delivery the Company may suspend operations on the contract until the same can recommenced. If the Company is delayed or impeded as aforesaid or frustrated, prevented or unable to complete the contract shall be voidable at the Company’s option, but nevertheless the customer shall pay for any products and or services already delivered or pay for any quantities and individual items wholly or specifically processed or manufactured at the
quoted amount. Without limiting the above delivery dates are estimates only although the Company will use reasonable endeavours to maintain these estimates.
The client shall accept and pay for any products and or services as an entire contract. The Company may process, manufacture, make available and or deliver by instalments and or by individual lots or items, which shall be
separately paid for.
The risk in the products supplied by the Company to the client shall be deemed to pass at the time of delivery but the ownership or property in the products shall not pass or deemed to pass until the customer has paid therefore and shall have discharged all other indebtedness to the Company on account whatsoever. While the Company retains title to the products, the Company many enter premises where the products are stored to inspect them on reasonable notice and the client may sell the products in the ordinary course of business, bonafide and at market value.
The Client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him by any servant or agent of the Company and the Client acknowledges that he buys the goods relying solely upon his own skill and judgement and that the Company shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the manufacturer which warranty shall be personal to the Client and shall not be transferable to any subsequent client.
The client irrevocably grants to the Company its agents and servant an unrestricted right and licence without notice to enter premises occupied by the client to identify and remove any of the products the property of the Company without prejudice to any other rights or remedies it may have against the client, shall have the right to seize or dispose of any such goods so removed or otherwise in its sole discretion and shall not be responsible for any loss occasioned thereby. If any of the goods are incorporated in or used as material or components for other goods before payment to the
Company the property in the whole of such goods shall be deemed to remain with the Company until payment is made or other goods have been sold in the ordinary course of business bonfire and at market value and all of the Company’s rights there under in the goods shall extend to those other goods. Where the goods have been delivered to the client but the Company has not been paid, then until such payment is received the client agrees to keep the goods as fiduciary for the Company or otherwise deal with the goods in a manner that clearly shows ownership by the Company.
The Client shall inspect the goods on delivery and or installation and shall within seven (7) day of delivery notify the Company of any alleged defect, shortage in quantity, damage or failure to comply with the description
quote. The Client shall afford the Company and opportunity to inspect the goods within a reasonable time following delivery if the client believes the goods are defective in any way. If The client 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. For goods, which the company has agreed that the Client is entitled to reject, the Company’s liability is limited to either (at the company’s discretion) replacing the goods or repairing the goods provided that
A. the client has complied with the provisions of clause 7.1
B. the company will not be liable for goods, which have not been stored, installed or used in a proper manner.
8.1 The Company my cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. The Company shall not be liable for any loss or damage whatever
arising from such cancellation
8.2 At the Company’s sole discretion the Client may cancel delivery of Goods and or services. In the event that the Client cancels deliver of Goods and/or services the Client shall be liable for any costs incurred by the
Company up to the time of cancellation.
For Goods not manufactured by the Company, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Company shall be under no liability whatsoever, except for the express conditions as
detailed and stipulated in the manufacturers warranty
The company reserves the right to amend the Terms and Conditions of Sale
from time to time as it sees fit.
Terms and Conditions of Sale of the Company whether communicated by prepaid ordinary post, facsimile transmission or delivered personally to the customer will be deemed to have been accepted in their entirety on subsequent placement of orders for materials and goods for delivery.