ACE GUTTERS PTY LTD
TERMS AND CONDITIONS OF SALE
In these Terms and Conditions, Company means Ace Gutters Pty Ltd and customer means the purchaser of goods from the Company.
- Payment Terms
Payment Terms are net 35 days from the end of the month in which goods are purchased.
- Discount for Prompt Payment
A 2% settlement discount may be claimed by the customer at the time of payment where full payment of the account (including payment of disputed credit claims) is received strictly within the 35 day credit terms.
- Interest on Overdue Accounts
Interest may be charged on the outstanding balance of the account not paid for by the due date in accordance with the interest rate specified by the Supreme Court Rules.
- Times not Guaranteed. Any times estimated for delivery and installation are estimates only and the Company shall not be liable for failure to deliver or install or for delay in delivery or installation arising from any cause whatsoever.
- No Responsibility for Goods once Delivered. Goods may be delivered to a site nominated by the customer and the customer is responsible for the security and condition of goods left immediately after delivery whether or not a representative of the customer or any other person is present to receive delivery.
- Offset for Delay Not Allowed. The customer shall not be entitled to withhold payment or any part thereof by reason of delay in delivery or despatch of goods.
- Delivery may be Part only. The Company reserves the right to deliver a portion only of an order and such delivery shall not entitle the customer to cancel or repudiate the order.
- Goods held by the Company
Goods ordered for collection or asked to be manufactured and held “until advised” will be held for a maximum period of 20 working days after the specific date. The goods will then at the discretion of the Company either be delivered to the customer’s premises or to a depot selected by the Company from which the goods can be despatched to the customer or collected by him at a later date, at the customer’s expense, and any additional cost (including cost of damage or storage) incurred by the Company as a result of holding material for longer than 20 days after the specified date will be charged to the customer’s account and shall be payable by the customer as part of the goods in question.
- Legal Costs Recoverable
The customer will be responsible for all legal costs incurred by the Company in the recovery of any overdue amount.
- Limitations of Liability
Subject to such rights of the customer as may necessarily be preserved by state or federal legislation, no claim by the customer for poor workmanship or failure to supply products conforming to the customer’s order shall be recognised by the Company unless made in writing to the Company within 14 days after delivery of the goods to the customer. No claim involving labour charges or product replacement will be recognised by the Company unless the Company’s agreement to the value of such claim is obtained immediately such a problem becomes evident and that customer demonstrates that they have taken all possible action to minimise the effect of such claim and that the Company is given sufficient time to investigate and take any action it feels necessary to resolve the problem. No claims will be recognised by the Company relating to materials which have been fixed unless in the Company’s view the problem could not have been detected during the fixing process. Claims for “lost time” or “waiting time” will not be accepted by the Company. No claim will be recognised by the Company for any loss, damage or injury of any kind whatsoever arising directly or indirectly from the customer’s failure to obtain independent professional and / or tradesman’s advice in relation to the suitability of the goods for any specific purpose. The Company shall not be liable to the customer for any loss of profits or consequential, indirect or special loss, damage or injury of any kind whatsoever, arising directly or indirectly from any defect in the goods or their installation (regardless of any express or implied terms, or by reason of the Company’s negligent act or omission or otherwise at common law).
- Return of Goods
- Stock items. Stock items only may be returned for credit, they must be returned within 14 days of delivery and have a minimum product value of $100 exc GST.
- Re-stocking fee and Cartage. A 30% Re-stocking fee and Cartage will apply on all standard products returned.
- Pick Up Fee A $100 plus GST fee will apply on goods collected by Ace Gutters. The minimum product value of goods that will be collected is $100 exc GST.
- Invoice number must be quoted. On returning goods the original invoice number on which they were supplied must be provided.
- Plain Nu-Line Returns. Plain Nu-Line will only be accepted for return at the Company’s discretion.
- Products not Returnable unless Defective. Painted Product and downpipes will not be accepted for credit unless faulty or damaged at time of delivery or wrong product delivered.
- Fitness for Purpose and Defective Installation – No Warranty
The company shall not be liable for any:
- representation, promise or undertaking regarding the fitness or otherwise of goods or service supplied by the Company unless it is made in writing or implied by law,or
- failure by the customer to fix, install or erect the goods in accordance with any advice, recommendation, specification, information, assistance or service provided by the Company in relation to goods sold or manufactured by it. The performance of steel products is dependent on the environment, product selection, handling, installation and maintenance.
- Withholding Delivery in case of Suspected Insolvency
The Company may withhold delivery of any goods ordered or purchased by the customer (and may refuse further credit) where the customer is overdue in its account or where the Company suspects for any reason that the customer may not be able to pay its debts as they fall due.
The following additional conditions apply to goods ordered pursuant to a quotation from the Company:
- Availability. Any quotations are subject to the goods being available to the Company from its own suppliers.
- Rise and Fall of Copper. All prices for copper products are subject to rise and fall in the market price of copper.
- Price. Prices quoted are based on the Company’s present knowledge of supplier’s current prices, current overseas exchange rate, insurance, freight, the prevailing customs tariff, shipping, wharfage, stacking and customs agency costs. In the event of a change to any of these a commensurate change in price to that quoted may be charged.
- Duration. Unless otherwise stated in writing, quoted prices shall not stand for more than 30 days.
- Writing. The Company will not be bound by quotes not evidenced in writing.
- Retention of Title
- Until any and all goods sold by the Company to the customer are paid in full, their ownership shall remain with the Company but the risk shall pass to the customer on delivery to the customer or into the customer’s custody (whichever is sooner) and the customer should appropriately insure.
- Until any goods are paid in full, the Company authorise the customer to use, fix, install or sell the goods on but as agent for the Company. The customer shall however not represent to any third parties that it is any way acting for the Company and the Company will not be bound by any contracts with third parties to which the customer is a party.
- The customer hereby irrevocably grants the Company permission to enter premises on which any of the Company’s goods are kept in the event that the customer defaults or commits any act of bankruptcy, or insolvency, or a receiver or a receiver and manager is appointed, or the customer goes into liquidation, and retake possession of invoiced goods as a result of non-payment and this is without prejudice to any other rights of the Company.
- In the event that the Company retakes possession of any goods then the Company may resell such goods with or without the consent of the customer.
- Intellectual Property
a. The customer acknowledges that:
i. All trademarks, copyright and other intellectual property rights (Intellectual Property) embodied in or in connection with the products, and any related documentation, or parts are the sole property of the
Company or its suppliers; and
ii. All intellectual property of the Company or its suppliers may only be used by the Customer with the consent of the Company, register or use any trademarks, trade name, domain name. trading style or
commercial designation or design used by the Company or its suppliers in connection with the product.