TERMS & CONDITIONS OF SALE
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.
2. PRICES and PAYMENT
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 item (2.5)
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
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.
3. DELIVERY OF GOODS/SERVICE
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.
4. ACCEPTANCE OF GOODS
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.
6. Clients Disclaimer
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.
7. Ownership of Goods
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
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
11. Acceptance of Terms and Conditions of Sale
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