TERMS & CONDITIONS OF SALE

 

            1. GENERAL

            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

            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.

            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.

            5. RISK

            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.

            7. Defect/Returns

            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. Cancellation

            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

            9. Warranty

            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

            10. AMMENDMENTS

            The company reserves the right to amend the Terms and Conditions of Sale from time to time as it sees

            fit.

            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