Any order received by The Company is deemed to be an order incorporating these Terms and Conditions and no variation or cancellation of any of these Terms and Conditions shall be binding on The Company unless assented to by The Company in writing.
Each order placed by the customer shall be & be deemed to be a representation by it, made at the time that it is solvent & able to pay all of it’s debts as & when they fall due. Failure to pay The Company in accordance with these terms shall be & be deemed to be conclusive evidence that the customer had no reasonable grounds for making the representation hereof & that the representations were unconscionable, misleading and deceptive.
Unless expressly noted all prices charged/quoted are exclusive of GST. All government imposts of GST or any equivalent as separately itemised on The Company’s invoices are to the customer’s account.
5. CANCELLATION OR VARIATION
8. TERMS OF PAYMENT
- 9.1 Goods returned must be accompanied by a Delivery Docket stating original invoice number, date of purchase and reason for return.
- 9.2 Non-standard equipment made to special order cannot be credited under any circumstances.
- 9.3 Inward freight packing and delivery charges are the responsibility of the purchaser.
- 9.4 Goods will only be accepted for credit to the extent of that wrongly or over-supplied.
- 9.5 All returns must be in good order and condition, unused and in original packaging. No claims by the purchaser need be recognised unless made in writing within fourteen days after delivery of the goods to the purchaser.
- 9.6 No claim for damage or resultant expense direct or indirect in respect of any goods shall in any case exceed the invoice price of the goods in respect of any damages or expense shall arise. All damage or expense over and above such invoice shall be the responsibility of the purchaser.
- 9.7 The company may elect to accept return of new and unused goods from customers, at its discretion. In this circumstance the company reserves the right to charge a restocking fee, as it sees fit.
10. CONDITIONS AND WARRANTIES
There are no warranties, expressed or implied, of merchant ability, or fitness for a particular purpose or otherwise, which extend beyond the description on the face hereof. In no case shall The Company be liable to anyone for any consequential or incidental damages for breach of this or any other warranty, express or implied, or upon any other basis of liability whatsoever, even the loss or damage is caused by its own negligence or fault. The Company does not represent that the products it sells may not be compromised or circumvented; that the products will prevent any personal injury or property loss by burglary, robbery, fire or otherwise; or that the products will in all cases provide adequate warning or protection. Customers understand that a properly installed and maintained alarm system may only reduce the risk of a burglary, robbery, or fire without warning, but it is not insurance or a guarantee that such will not occur or that there will be no personal injury or property loss as a result.
Consequently, The Company shall have no liability for any personal injury; property damage or other loss based on a claim the product failed to give any warning. However, if The Company is held liable, whether directly or indirectly, for any loss or damage arising under this limited warranty or otherwise, regardless of cause or origin, The Company’s maximum liability shall not in any case exceed the purchase price of the product, which shall be the complete and exclusive remedy against The Company. This warranty replaces any previous warranties and is the only warranty made by The Company on this product. No increase or alteration, written or verbal, of the obligations of this Limited Warranty is authorised.
11. TITLE TO GOODS
- 11.1 Notwithstanding delivery of the goods to the purchaser, until the purchaser has effected full payment for the Goods and any other goods previously supplied by The Company:
- a) legal title to the Goods will remain with The Company;
- b) the risk in the Goods will pass to the purchaser on delivery to the purchaser or its agent;
- c) the relationship between The Company and the purchaser will be fiduciary;
- 11.2 The Purchaser will:
- a) hold the Goods as bailee for The Company;
- b) keep the goods separate from other goods; and
- c) label the goods so that they are identifiable as the goods of The Company;
- 11.3 With The Company’s consent (which is given) the purchaser is at liberty to sell the Goods, in the ordinary course of the purchaser’s business, provided that the money from the sale will:
- a) be held in a separate account in trust for the vendor;
- b) not be mingled with other money; and
- c) not be placed into an overdrawn account
- 11.4 The purchaser is not an agent of The Company in any sale of the Goods by the purchaser.
- 11.5 After the happening of an Event of Default, the vendor may without demand retake possession of the Goods and may without notice sell the Goods on such terms and in such a manner as it determines and will be entitled to deduct all expenses incurred. For the purposes of recovering possession and without limiting the generality of the foregoing, the purchaser irrevocably authorises and licenses The Company and its servants and agents to enter any premises where any Goods may be stored and to take possession of the Goods.