Our Terms and Conditions
We welcome your use of this web site. Please note that such use shall be subject to the terms and conditions set out in this web site.
Our Trading Terms
Sole Terms
1.These terms apply to all sales by us to you. These terms will prevail over all conditions of the transaction to the extent of any inconsistency unless varied in writing and signed by us.
Payment
2.You will pay the full price of each order to us on or before the last working day of the calendar month following the month of supply. If payment is not made on or before the due date we may without demand retake possession of the products and may without notice sell the products on such terms and in such manner as we may determine and will be entitled to deduct all expenses incurred. For the purpose of recovering possession you hereby irrevocably authorise and licence us and our servants and agents to enter upon any premises where any products may be stored and to take possession of the products.
3.All applicable taxes, duties or levies (including GST) on the sale of the products will be to your account.
4.If payment is not made on or before the last working day of the calendar month following supply we reserve the right to charge interest of 1.5% each month on overdue balances on your account.
Pricing
5.All prices and price lists may change without notice due to changes in market conditions and all orders are accepted by us on the condition that they will be invoiced at our prices ruling at the date of despatch.
Delivery
6.While we endeavour to keep delivery dates, any delay of delivery, for any reason whatsoever, will not entitle you to claim for any consequential loss or damage or to cancel, rescind or terminate the agreement.
7. Should circumstances beyond our control prevent or hinder delivery, we will be free from any obligation to deliver products while such circumstances continue. For as long as such circumstances exist, we may, at our option, cancel, rescind or terminate all or any part of the contract or keep the contract on foot until such circumstances have ceased. Such circumstances beyond our control include, but are not limited to strikes, lockouts, rebellions, fire, acts of God, shortages of raw materials, government decrees, proclamations or orders, transport difficulties, and failures or malfunctions of computers or other information technology systems.
8. We reserve the right to under-supply any order within reasonable limits.
9. We will deliver the products to your preferred forwarder. If no forwarder is nominated by you, we will deliver the products to our forwarder. In both cases, liability for the costs of the freight and insurance will be to your account.
Risk
10. Risk in each order will pass to you upon delivery of that order to you or upon collection of that order by your agent or courier as the case may be.
11. Where, in accordance with these terms, we accept return of any products, risk in those products will revert to us upon delivery of the products to us or upon collection of the products by our agent or courier as the case may be.
Retention of Title
12. Notwithstanding delivery of the products to you, until you have effected full payment for the products and any other products previously supplied by us:
(a) legal title to the products will remain with us;
(b) the risk in the products will pass to you upon delivery to you or your agent;
(c) the relationship between us and you will be fiduciary and you will hold the products as bailee for us.
13. You are not our agent in any sale by you of the products.
14. Notwithstanding the provisions above, we will be entitled to maintain an action against you for the purchase price.
Acceptance of Products
15. You will inspect the products immediately upon delivery to you or upon collection of that order by your agent or courier as the case may be.
16. All claims against us regarding the products must be made in writing to us within [7] days of delivery. We do not accept liability for any such claim not made in accordance with these trading terms.
17. In the event of a justified claim notified by you to us in accordance with these terms, we may, at our option:
(a) reduce the purchase price by agreement with you;
(b) accept the return of the products and, subject to the products being returned in the same condition as when they were delivered to you, refund to you the purchase price; or
(c) replace the products,
and no additional claims of any nature whatsoever may be made against us.
18. No return of the products will be accepted unless you obtained from us a products return reference number. Products returned with such a number will attract an handling fee of 10% of the invoiced value of the products. Products returned without such a number will attract an handling fee of 20% of the invoiced value of the products. No handling fee will apply if products are returned following receipt by us of notification by you of a justified claim together with a products return reference number. You are responsible for payment of freight and insurance. Returns will be accepted only if the products are undamaged, unmarked, unused and in the original packaging.
Advice and Information
19. Any advice, recommendation, information, assistance or service given by us in relation to products sold or manufactured by us or their use or application whether given on this web site or otherwise is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but, subject to any warranty that is implied by law, is provided without any warranty or accuracy, appropriateness or reliability and we do not accept any liability or responsibility for any loss suffered from your reliance on such advice, recommendation, information, assistance or service.
Limitation of Liability arising from your trading with us
20. Those trading terms andanything else contained in this web sitethat exclude or limit our liability will apply only to the extent permitted by law. Provisions of the Trade Practices Act 1974 (Cth) (as amended) and other statutes from time to time in force cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent. The trading terms and other contents of this web site must be read and construed subject to any such statutory provisions. If any such statutory provisions apply, then to the extent to which we are entitled to do so, our liability under those statutory provisions will be limited at our option to:
(a) the replacement of the products or the supply of equivalent products; or
(b) the repair of the products; or
(c) the payment of the cost of replacing the products or of acquiring equivalent products; or
(d) the payment of the cost of having the products replaced.
OPTIONAL
Instalment Deliveries
22. Deliveries by instalments must be requested by you within the times stipulated in the agreement.
23. Where you fail to request or accept instalment deliveries in accordance with the terms of the agreement:
(a) we may store the products at your risk and cost; and
(b) you will be deemed to be in default of payment for the delivery.
24. Where products are ordered for delivery by instalments, each instalment delivery is deemed to be a separate order and a separate contract performed by us upon delivery of that instalment.
Proprietary Rights in Site
The proprietary rights in this site and the information, images and material within it including the trademarks and business names and the copyright in the design and layout of this site, are owned by us. Except as expressly permitted by us, you must not copy, modify, disseminate, publish or otherwise purport to own or dispose of any such proprietary rights.
Links
This site may at times contain links to other web sites. Such links are not an endorsement by us of those other web sites nor do we have any control over or responsibility for those other web sites. You should read the terms of use and privacy statements on linked web sites before using the services provided by them.
No Warranties
We provide products and services without any warranty that they will be error or interruption free or that they are fit for their intended purpose. To the extent permitted by law all warranties implied by law are excluded. You use this web site at your own risk.
Disclaimer
To the fullest extent permitted by law, our company will not be responsible or liable for:
(a) any loss or other damage including but not limited to incidental, indirect, consequential, special or other damage suffered or incurred by you or any other person using this site; or
(b) the acts or omissions of other customers or other users of this site including the breach of these terms and conditions;
and you waive all claims and rights which you may otherwise have had arising out of such matters.
Privacy Terms
Please see our Privacy Policy for the manner in which we gather, use and update personal information concerning our customers.
Term
If you breach any of the terms and conditions contained in this web site then we may at any time and without prior notice suspend or terminate any agreement that we have with you.
Variation
We may vary these terms and conditions by posting on this site notice of the variation and such variation will take effect on the date 7 days (or such other period specified by us in the notice) after such notice is posted on this site. You are responsible for reading and keeping yourself up to date in relation to any changes to these terms and conditions posted on this site.
Communication with you
We may at times need to communicate with you. In such case we will communicate with you generally either through the email address or telephone number you have provided to us. You will advise us of any changes in that email address or telephone number.
Communication with us
If you have any comments regarding our products or services we can be contacted at Unit 4, 27-29 Salisbury Rd Hornsby NSW 2077 Australia
Governing Law
These terms and conditions shall be governed by, and construed in accordance with, the laws of the State of New South Wales. The courts of the State of New South Wales and of the Commonwealth of Australia shall have the exclusive jurisdiction to determine any proceedings which may arise and we and you irrevocably submit to the jurisdiction of such courts.