CONDITIONS OF SALE
These Conditions of Sale apply to all customers
1.1 All quotations for price of goods are based on current prices. The Company reserves the right to increase the prices to cover any additional price increases by their suppliers, without notice.
1.2 All taxes including GST & Sales Tax are the responsibility of the Customer unless expressly stated in the contract.
TERMS OF PAYMENT
2.1 Full payment is due at time of sale, the customer will not be entitled to withhold, reduce or defer any part of the payment unless specifically accepted by an authorized officer of the Company prior to the Company’s acceptance of the contract.
2.2 All costs and expenses incurred by the Company as a result of default or suspension of credit shall be payable by the customer on demand.
2.3 The Customer agrees to pay any actual legal costs incurred in the recovery of any monies which have become outstanding by the customer to the Company on a solicitor and own client basis.
3.1 All claims for errors or short delivery must be made within seven (7) days of delivery.
3.2 Delivery will be charged for at the rate determined at the time of placing the order.
3.3 If the company is arranging delivery of the goods it will be entitled to deliver the goods between 7.00am and 5.00pm on any day other than a public holiday or as arranged with the Company at the time of placing the order. The goods shall be deemed to be delivered by the Company to the delivery site notwithstanding the Customer or an authorised agent is not present.
3.4 Any damage or deterioration to the goods after delivery is the Customer’s responsibility.
3.5 Delivery and any damage to goods which are being held on Company premises until delivery is the sole responsibility of the customer.
4.1 If the contract stipulates a time for the delivery of the goods such time shall be approximate only and shall not be deemed to be the essence of the contract.
4.2 The Company shall not be liable for failure to deliver or for any delay in delivery where such failure or delay is occasioned by matters outside the control of the Company.
4.3 If the manufacture, supply or delivery of the goods is delayed by reason of or as a result of any act, omission, default or request by or on behalf of a Customer, the Company may without prejudice to its other rights and remedies, require payment by the customer of such portion of the contract price as represents the extent to which the Company has performed the contract together with any expenses or additional costs incurred by the Company as a result of such. In the event of such delay continuing beyond a reasonable time the company may terminate the contract without prejudice to any other right or remedy.
5.1 Orders placed through the website cannot be cancelled by the customer. For product returns, please refer to the return policy below.
5.2 Orders may be cancelled and refunded by the company if pricing errors arise or for any other reason
6.1 The Company may at its discretion accept goods returned by the Customer and charge at its discretion a return fee equal to 20% of the price of the goods if:
a) the Customer produces the invoice number on which the goods were purchased or the invoice; and
b) the goods were not purchased on SALE or SPECIAL PROMOTION.
6.2 The company will not accept return of goods which have been specially ordered or manufactured for the Customer and are NOT part of the Company’s normal stock in trade.
6.3 Seconds and Samples are sold “as is” and are not able to be refunded or exchanged.
7.1 The customer shall not have any right of rejection but shall in the event of any dispute, including disputes regarding quality, accept and pay for goods and later settle any claim with the Company.
7.2 If, notwithstanding this clause, any goods are rejected by the Customer, the Company shall be free to sell such goods without prejudice to any claim the Company may have against the customer for damages or any other rights or remedies of the Company.
7.3 The Customer is deemed to be satisfied with the goods supplied and services rendered by the Company unless notice to the contrary is given in writing to the Company within seven (7) days of the delivery of the goods.
8.1 Ownership of the goods shall not pass to the Customer until the Customer has paid all that is owing to the Company. Until ownership has passed the Customer holds the goods on behalf of the Company under the following conditions:
a) The company is irrevocably permitted to enter on the Customer’s premises
to inspect and/or repossess the goods.
b) The company may repossess the goods at any time after,
i) the due day for payment of any of the goods; or
ii) the commencement of the liquidation of the customer; or
iii) the committing of an act of bankruptcy by the customer; or
iv) any attempt to enter into a debt compromise arrangement with the Customer’s creditors.
c) If the customer manufactures, intermingles or deals with the goods in such a manner that they become an integral part of any other object then the Customer shall be deemed to do so as agents of the Company and ownership of the goods will remain with the Company as principal.
9.1 Where the Company supplies goods to the Customer not manufactured by the Company then where the manufacturers or suppliers of any such goods or components provides any warranty, the Company shall use its best endeavors to make such warranty available to the Customer.
10.1 The total liability of the Company whether in contract, tort or otherwise if the loss, damage or injury arising directly or indirectly from any defect in or non-compliance